[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 360 Reported in Senate (RS)]


                                                       Calendar No. 211
109th CONGRESS
  1st Session
                                 S. 360

                          [Report No. 109-137]

               To amend the Coastal Zone Management Act.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 10, 2005

  Ms. Snowe (for herself, Mr. Kerry, Mr. Sarbanes, Ms. Cantwell, Mr. 
 Levin, Mr. DeWine, and Mr. Lautenberg) introduced the following bill; 
    which was read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

                           September 15, 2005

               Reported by Mr. Stevens, with an amendment
 [Strike all after the enacting clause and insert the part printed in 
                                italic]

_______________________________________________________________________

                                 A BILL


 
               To amend the Coastal Zone Management Act.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Coastal Zone Enhancement 
Reauthorization Act of 2005''.</DELETED>

<DELETED>SEC. 2. AMENDMENT OF COASTAL ZONE MANAGEMENT ACT.</DELETED>

<DELETED>    Except as otherwise expressly provided, whenever in this 
Act an amendment or repeal is expressed in terms of an amendment to, or 
repeal of, a section or other provision, the reference shall be 
considered to be made to a section or other provision of the Coastal 
Zone Management Act of 1972 (16 U.S.C. 1451 et seq.).</DELETED>

<DELETED>SEC. 3. FINDINGS.</DELETED>

<DELETED>    Section 302 (16 U.S.C. 1451) is amended--</DELETED>
        <DELETED>    (1) by redesignating paragraphs (a) through (m) as 
        paragraphs (1) through (13);</DELETED>
        <DELETED>    (2) by inserting ``ports,'' in paragraph (3) (as 
        so redesignated) after ``fossil fuels,'';</DELETED>
        <DELETED>    (3) by inserting ``including coastal waters and 
        wetlands,'' in paragraph (4) (as so redesignated) after 
        ``zone,'';</DELETED>
        <DELETED>    (4) by striking ``therein,'' in paragraph (4) (as 
        so redesignated) and inserting ``dependent on that 
        habitat,'';</DELETED>
        <DELETED>    (5) by striking ``well-being'' in paragraph (5) 
        (as so redesignated) and inserting ``quality of 
        life'';</DELETED>
        <DELETED>    (6) by striking paragraph (11) (as so 
        redesignated) and inserting the following:</DELETED>
        <DELETED>    ``(11) Land and water uses in the coastal zone and 
        coastal watersheds may significantly affect the quality of 
        coastal waters and habitats, and efforts to control coastal 
        water pollution from activities in these areas must be 
        improved.''; and</DELETED>
        <DELETED>    (7) by adding at the end thereof the 
        following:</DELETED>
        <DELETED>    ``(14) There is a need to enhance cooperation and 
        coordination among states and local communities, to encourage 
        local community-based solutions that address the impacts and 
        pressures on coastal resources and on public facilities and 
        public service caused by continued coastal demands, and to 
        increase state and local capacity to identify public 
        infrastructure and open space needs and develop and implement 
        plans which provide for sustainable growth, resource protection 
        and community revitalization.''.</DELETED>

<DELETED>SEC. 4. POLICY.</DELETED>

<DELETED>    Section 303 (16 U.S.C. 1452) is amended--</DELETED>
        <DELETED>    (1) by striking ``the states'' in paragraph (2) 
        and inserting ``state and local governments'';</DELETED>
        <DELETED>    (2) by striking ``waters,'' each place it appears 
        in paragraph (2)(C) and inserting ``waters and 
        habitats,'';</DELETED>
        <DELETED>    (3) by striking ``agencies and state and wildlife 
        agencies; and'' in paragraph (2)(J) and inserting ``and 
        wildlife management; and'';</DELETED>
        <DELETED>    (4) by inserting ``other countries,'' after 
        ``agencies,'' in paragraph (5);</DELETED>
        <DELETED>    (5) by striking ``and'' at the end of paragraph 
        (5);</DELETED>
        <DELETED>    (6) by striking ``zone.'' in paragraph (6) and 
        inserting ``zone;''; and</DELETED>
        <DELETED>    (7) by adding at the end thereof the 
        following:</DELETED>
        <DELETED>    ``(7) to create and use a National Estuarine 
        Research Reserve System as a Federal, state, and community 
        partnership to support and enhance coastal management and 
        stewardship; and</DELETED>
        <DELETED>    ``(8) to encourage the development, application, 
        and transfer of innovative coastal and estuarine environmental 
        technologies and techniques for the long-term conservation of 
        coastal ecosystems.''.</DELETED>

<DELETED>SEC. 5. CHANGES IN DEFINITIONS.</DELETED>

<DELETED>    Section 304 (16 U.S.C. 1453) is amended--</DELETED>
        <DELETED>    (1) by striking ``and the Trust Territories of the 
        Pacific Islands,'' in paragraph (4);</DELETED>
        <DELETED>    (2) by striking paragraph (8) and inserting the 
        following:</DELETED>
        <DELETED>    ``(8) The term `estuarine reserve' means a coastal 
        protected area which may include any part or all of an estuary 
        and any island, transitional area, and upland in, adjoining, or 
        adjacent to the estuary, and which constitutes to the extent 
        feasible a natural unit, established to provide long-term 
        opportunities for conducting scientific studies and educational 
        and training programs that improve the understanding, 
        stewardship, and management of estuaries.''; and</DELETED>
        <DELETED>    (3) by adding at the end thereof the 
        following:</DELETED>
        <DELETED>    ``(19) The term `coastal nonpoint pollution 
        control strategies and measures' means strategies and measures 
        included as part of the coastal nonpoint pollution control 
        program under section 6217 of the Coastal Zone Act 
        Reauthorization Amendments of 1990 (16 U.S.C. 1455b).</DELETED>
        <DELETED>    ``(20) The term `qualified local entity' means--
        </DELETED>
                <DELETED>    ``(A) any local government;</DELETED>
                <DELETED>    ``(B) any areawide agency referred to in 
                section 204(a)(1) of the Demonstration Cities and 
                Metropolitan Development Act of 1966 (42 U.S.C. 3334 
                (a)(1));</DELETED>
                <DELETED>    ``(C) any regional agency;</DELETED>
                <DELETED>    ``(D) any interstate agency;</DELETED>
                <DELETED>    ``(E) any nonprofit organization; 
                or</DELETED>
                <DELETED>    ``(F) any reserve established under 
                section 315.''.</DELETED>

<DELETED>SEC. 6. REAUTHORIZATION OF MANAGEMENT PROGRAM DEVELOPMENT 
              GRANTS.</DELETED>

<DELETED>    Section 305 (16 U.S.C. 1454) is amended to read as 
follows:</DELETED>

<DELETED>``SEC. 305. MANAGEMENT PROGRAM DEVELOPMENT GRANTS.</DELETED>

<DELETED>    ``(a) States Without Programs.--In fiscal years 2006 and 
2007, the Secretary may make a grant annually to any coastal state 
without an approved program if the coastal state demonstrates to the 
satisfaction of the Secretary that the grant will be used to develop a 
management program consistent with the requirements set forth in 
section 306. The amount of any such grant shall not exceed $200,000 in 
any fiscal year, and shall require State matching funds according to a 
4-to-1 ratio of Federal-to-State contributions. After an initial grant 
is made to a coastal state under this subsection, no subsequent grant 
may be made to that coastal state under this subsection unless the 
Secretary finds that the coastal state is satisfactorily developing its 
management program. No coastal state is eligible to receive more than 4 
grants under this subsection.</DELETED>
<DELETED>    ``(b) Submittal of Program for Approval.--A coastal state 
that has completed the development of its management program shall 
submit the program to the Secretary for review and approval under 
section 306.''.</DELETED>

<DELETED>SEC. 7. ADMINISTRATIVE GRANTS.</DELETED>

<DELETED>    (a) Purposes.--Section 306(a) (16 U.S.C. 1455(a)) is 
amended by inserting ``including developing and implementing coastal 
nonpoint pollution control program components,'' after 
``program,''.</DELETED>
<DELETED>    (b) Equitable Allocation of Funding.--Section 306(c) (16 
U.S.C. 1455(c)) is amended by adding at the end thereof ``In promoting 
equity, the Secretary shall consider the overall change in grant 
funding under this section from the preceding fiscal year and minimize 
the relative increases or decreases among all the eligible States. The 
Secretary shall ensure that each eligible State receives increased 
funding under this section in any fiscal year for which the total 
amount appropriated to carry out this section is greater than the total 
amount appropriated to carry out this section for the preceding fiscal 
year.</DELETED>
<DELETED>    (c) Acquisition Criteria.--Section 306(d)(10)(B) (16 
U.S.C. 1455(d)(10)(B)) is amended by striking ``less than fee simple'' 
and inserting ``other''.</DELETED>

<DELETED>SEC. 8. COASTAL RESOURCE IMPROVEMENT PROGRAM.</DELETED>

<DELETED>    Section 306A (16 U.S.C. 1455a) is amended--</DELETED>
        <DELETED>    (1) by inserting ``or other important coastal 
        habitats'' in subsection (b)(1)(A) after 
        ``306(d)(9)'';</DELETED>
        <DELETED>    (2) by inserting ``or historic'' in subsection 
        (b)(2) after ``urban'';</DELETED>
        <DELETED>    (3) by adding at the end of subsection (b) the 
        following:</DELETED>
        <DELETED>    ``(5) The coordination and implementation of 
        approved coastal nonpoint pollution control plans.</DELETED>
        <DELETED>    ``(6) The preservation, restoration, enhancement 
        or creation of coastal habitats.'';</DELETED>
        <DELETED>    (4) by striking ``and'' after the semicolon in 
        subsection (c)(2)(D);</DELETED>
        <DELETED>    (5) by striking ``section.'' in subsection 
        (c)(2)(E) and inserting ``section;'';</DELETED>
        <DELETED>    (6) by adding at the end of subsection (c)(2) the 
        following:</DELETED>
                <DELETED>    ``(F) work, resources, or technical 
                support necessary to preserve, restore, enhance, or 
                create coastal habitats; and</DELETED>
                <DELETED>    ``(G) the coordination and implementation 
                of approved coastal nonpoint pollution control 
                plans.''; and</DELETED>
        <DELETED>    (7) by striking subsections (d), (e), and (f) and 
        inserting after subsection (c) the following:</DELETED>
<DELETED>    ``(d) Source of Federal Grants; State Matching 
Contributions.--</DELETED>
        <DELETED>    ``(1) In general.--If a coastal state chooses to 
        fund a project under this section, then--</DELETED>
                <DELETED>    ``(A) it shall submit to the Secretary a 
                combined application for grants under this section and 
                section 306;</DELETED>
                <DELETED>    ``(B) it shall match the combined amount 
                of such grants in the ratio required by section 306(a) 
                for grants under that section; and</DELETED>
                <DELETED>    ``(C) the Federal funding for the project 
                shall be a portion of that state's annual allocation 
                under section 306(a).</DELETED>
        <DELETED>    ``(2) Use of funds.--Grants provided under this 
        section may be used to pay a coastal state's share of costs 
        required under any other Federal program that is consistent 
        with the purposes of this section.</DELETED>
<DELETED>    ``(e) Allocation of Grants to Qualified Local Entity.--
With the approval of the Secretary, the eligible coastal state may 
allocate to a qualified local entity a portion of any grant made under 
this section for the purpose of carrying out this section; except that 
such an allocation shall not relieve that state of the responsibility 
for ensuring that any funds so allocated are applied in furtherance of 
the state's approved management program.</DELETED>
<DELETED>    ``(f) Assistance.--The Secretary shall assist eligible 
coastal states in identifying and obtaining from other Federal agencies 
technical and financial assistance in achieving the objectives set 
forth in subsection (b).''.</DELETED>

<DELETED>SEC. 9. COASTAL ZONE MANAGEMENT FUND.</DELETED>

<DELETED>    (a) Treatment of Loan Repayments.--Section 308(a)(2) (16 
U.S.C. 1456a(a)(2)) is amended to read as follows:</DELETED>
        <DELETED>    ``(2) Loan repayments made under this subsection--
        </DELETED>
                <DELETED>    ``(A) shall be retained by the Secretary 
                and deposited into the Coastal Zone Management Fund 
                established under subsection (b); and</DELETED>
                <DELETED>    ``(B) subject to amounts provided in 
                Appropriations Acts, shall be available to the 
                Secretary for purposes of this title and transferred to 
                the Operations, Research, and Facilities account of the 
                National Oceanic and Atmospheric Administration to 
                offset the costs of implementing this 
                title.''.</DELETED>
<DELETED>    (b) Use of Amounts in Fund.--Section 308(b) (16 U.S.C. 
1456a(b)) is amended by striking paragraphs (2) and (3) and inserting 
the following:</DELETED>
        <DELETED>    ``(2) Subject to Appropriation Acts, amounts in 
        the Fund shall be available to the Secretary to carry out the 
        provisions of this Act.''.</DELETED>

<DELETED>SEC. 10. COASTAL ZONE ENHANCEMENT GRANTS.</DELETED>

<DELETED>    Section 309 (16 U.S.C. 1456b) is amended--</DELETED>
        <DELETED>    (1) by striking subsection (a)(1) and inserting 
        the following:</DELETED>
        <DELETED>    ``(1) Protection, restoration, enhancement, or 
        creation of coastal habitats, including wetlands, coral reefs, 
        marshes, and barrier islands.'';</DELETED>
        <DELETED>    (2) by inserting ``and removal'' after ``entry'' 
        in subsection (a)(4);</DELETED>
        <DELETED>    (3) by striking ``on various individual uses or 
        activities on resources, such as coastal wetlands and fishery 
        resources.'' in subsection (a)(5) and inserting ``of various 
        individual uses or activities on coastal waters, habitats, and 
        resources, including sources of polluted runoff.'';</DELETED>
        <DELETED>    (4) by adding at the end of subsection (a) the 
        following:</DELETED>
        <DELETED>    ``(10) Development and enhancement of coastal 
        nonpoint pollution control program components, including the 
        satisfaction of conditions placed on such programs as part of 
        the Secretary's approval of the programs.</DELETED>
        <DELETED>    ``(11) Significant emerging coastal issues as 
        identified by coastal states, in consultation with the 
        Secretary and qualified local entities.'';</DELETED>
        <DELETED>    (5) by striking ``proposals, taking into account 
        the criteria established by the Secretary under subsection 
        (d).'' in subsection (c) and inserting 
        ``proposals.'';</DELETED>
        <DELETED>    (6) by striking subsection (d) and redesignating 
        subsection (e) as subsection (d);</DELETED>
        <DELETED>    (7) by striking ``section, up to a maximum of 
        $10,000,000 annually'' in subsection (f) and inserting 
        ``section.''; and</DELETED>
        <DELETED>    (8) by redesignating subsections (f) and (g) as 
        subsections (e) and (f), respectively.</DELETED>

<DELETED>SEC. 11. COASTAL COMMUNITY PROGRAM.</DELETED>

<DELETED>    The Act is amended by inserting after section 309 the 
following:</DELETED>

<DELETED>``SEC. 309A. COASTAL COMMUNITY PROGRAM.</DELETED>

<DELETED>    ``(a) Coastal Community Grants.--The Secretary may make 
grants to any coastal state that is eligible under subsection (b)--
</DELETED>
        <DELETED>    ``(1) to assist coastal communities in assessing 
        and managing growth, public infrastructure, and open space 
        needs in order to provide for sustainable growth, resource 
        protection and community revitalization;</DELETED>
        <DELETED>    ``(2) to provide management-oriented research and 
        technical assistance in developing and implementing community-
        based growth management and resource protection strategies in 
        qualified local entities;</DELETED>
        <DELETED>    ``(3) to fund demonstration projects which have 
        high potential for improving coastal zone management at the 
        local level;</DELETED>
        <DELETED>    ``(4) to assist in the adoption of plans, 
        strategies, policies, or procedures to support local community-
        based environmentally-protective solutions to the impacts and 
        pressures on coastal uses and resources caused by development 
        and sprawl that will--</DELETED>
                <DELETED>    ``(A) revitalize previously developed 
                areas;</DELETED>
                <DELETED>    ``(B) undertake conservation activities 
                and projects in undeveloped and environmentally 
                sensitive areas;</DELETED>
                <DELETED>    ``(C) emphasize water-dependent uses; 
                and</DELETED>
                <DELETED>    ``(D) protect coastal waters and habitats; 
                and</DELETED>
        <DELETED>    ``(5) to assist coastal communities to coordinate 
        and implement approved coastal nonpoint pollution control 
        strategies and measures that reduce the causes and impacts of 
        polluted runoff on coastal waters and habitats.''.</DELETED>
<DELETED>    ``(b) Eligibility.--To be eligible for a grant under this 
section for a fiscal year, a coastal state shall--</DELETED>
        <DELETED>    ``(1) have a management program approved under 
        section 306; and</DELETED>
        <DELETED>    ``(2) in the judgment of the Secretary, be making 
        satisfactory progress in activities designed to result in 
        significant improvement in achieving the coastal management 
        objectives specified in section 303(2)(A) through 
        (K).</DELETED>
<DELETED>    ``(c) Allocations; Source of Federal Grants; State 
Matching Contributions.--</DELETED>
        <DELETED>    ``(1) Allocation.--Grants under this section shall 
        be allocated to coastal states as provided in section 
        306(c).</DELETED>
        <DELETED>    ``(2) Application; matching.--If a coastal state 
        chooses to fund a project under this section, then--</DELETED>
                <DELETED>    ``(A) it shall submit to the Secretary a 
                combined application for grants under this section and 
                section 306; and</DELETED>
                <DELETED>    ``(B) it shall match the amount of the 
                grant under this section on the basis of a total 
                contribution of section 306, 306A, and this section so 
                that, in aggregate, the match is 1:1.</DELETED>
<DELETED>    ``(d) Allocation of Grants to Qualified Local Entity.--
</DELETED>
        <DELETED>    ``(1) In general.--With the approval of the 
        Secretary, the eligible coastal state may allocate to a 
        qualified local entity amounts received by the state under this 
        section.</DELETED>
        <DELETED>    ``(2) Assurances.--A coastal state shall ensure 
        that amounts allocated by the state under paragraph (1) are 
        used by the qualified local entity in furtherance of the 
        state's approved management program, specifically furtherance 
        of the coastal management objectives specified in section 
        303(2).</DELETED>
<DELETED>    ``(e) Assistance.--The Secretary shall assist eligible 
coastal states and qualified local entities in identifying and 
obtaining from other Federal agencies technical and financial 
assistance in achieving the objectives set forth in subsection 
(a).''.</DELETED>

<DELETED>SEC. 12. TECHNICAL ASSISTANCE.</DELETED>

<DELETED>    Section 310(b) (16 U.S.C. 1456c(b)) is amended by adding 
at the end thereof the following:</DELETED>
        <DELETED>    ``(4) The Secretary may conduct a program to 
        develop and apply innovative coastal and estuarine 
        environmental technology and methodology through a cooperative 
        program. The Secretary may make extramural grants in carrying 
        out the purpose of this subsection.''.</DELETED>

<DELETED>SEC. 13. PERFORMANCE REVIEW.</DELETED>

<DELETED>    Section 312(a) (16 U.S.C. 1458(a)) is amended by inserting 
``coordinated with National Estuarine Research Reserves in the state'' 
after ``303(2)(A) through (K),''.</DELETED>

<DELETED>SEC. 14. WALTER B. JONES AWARDS.</DELETED>

<DELETED>    Section 314 (16 U.S.C. 1460) is amended--</DELETED>
        <DELETED>    (1) by striking ``shall, using sums in the Coastal 
        Zone Management Fund established under section 308'' in 
        subsection (a) and inserting ``may, using sums available under 
        this Act'';</DELETED>
        <DELETED>    (2) by striking ``field.'' in subsection (a) and 
        inserting the following: ``field of coastal zone management. 
        These awards, to be known as the `Walter B. Jones Awards', may 
        include--</DELETED>
        <DELETED>    ``(1) cash awards in an amount not to exceed 
        $5,000 each;</DELETED>
        <DELETED>    ``(2) research grants; and</DELETED>
        <DELETED>    ``(3) public ceremonies to acknowledge such 
        awards.'';</DELETED>
        <DELETED>    (3) by striking ``shall elect annually--'' in 
        subsection (b) and inserting ``may select annually if funds are 
        available under subsection (a)--''; and</DELETED>
        <DELETED>    (4) by striking subsection (e).</DELETED>

<DELETED>SEC. 15. NATIONAL ESTUARINE RESEARCH RESERVE SYSTEM.</DELETED>

<DELETED>    (a) Section 315(a) (16 U.S.C. 1461(a)) is amended by 
striking ``consists of--'' and inserting ``is a network of areas 
protected by Federal, state, and community partnerships which promotes 
informed management of the Nation's estuarine and coastal areas through 
interconnected programs in resource stewardship, education and 
training, and scientific understanding consisting of--''.</DELETED>
<DELETED>    (b) Section 315(b)(2)(C) (16 U.S.C. 1461(b)(2)(C)) is 
amended by striking ``public education and interpretation; and''; and 
inserting ``education, interpretation, training, and demonstration 
projects; and''.</DELETED>
<DELETED>    (c) Section 315(c) (16 U.S.C. 1461(c)) is amended--
</DELETED>
        <DELETED>    (1) by striking ``Research'' in the subsection 
        caption and inserting ``Research, Education, and Resource 
        Stewardship'';</DELETED>
        <DELETED>    (2) by striking ``conduct of research'' and 
        inserting ``conduct of research, education, and resource 
        stewardship'';</DELETED>
        <DELETED>    (3) by striking ``coordinated research'' in 
        paragraph (1)) and inserting ``coordinated research, education, 
        and resource stewardship'';</DELETED>
        <DELETED>    (4) by striking ``research'' before ``principles'' 
        in paragraph (2);</DELETED>
        <DELETED>    (5) by striking ``research programs'' in paragraph 
        (2) and inserting ``research, education, and resource 
        stewardship programs'';</DELETED>
        <DELETED>    (6) by striking ``research'' before 
        ``methodologies'' in paragraph (3);</DELETED>
        <DELETED>    (7) by striking ``data,'' in paragraph (3) and 
        inserting ``information,'';</DELETED>
        <DELETED>    (8) by striking ``research'' before ``results'' in 
        paragraph (3);</DELETED>
        <DELETED>    (9) by striking ``research purposes;'' in 
        paragraph (3) and inserting ``research, education, and resource 
        stewardship purposes;'';</DELETED>
        <DELETED>    (10) by striking ``research efforts'' in paragraph 
        (4) and inserting ``research, education, and resource 
        stewardship efforts'';</DELETED>
        <DELETED>    (11) by striking ``research'' in paragraph (5) and 
        inserting ``research, education, and resource stewardship''; 
        and</DELETED>
        <DELETED>    (12) by striking ``research'' in the last 
        sentence.</DELETED>
<DELETED>    (d) Section 315(d) (16 U.S.C. 1461(d)) is amended--
</DELETED>
        <DELETED>    (1) by striking ``Estuarine Research.--'' in the 
        subsection caption and inserting ``Estuarine Research, 
        Education, and Resource Stewardship.--'';</DELETED>
        <DELETED>    (2) by striking ``research purposes'' and 
        inserting ``research, education, and resource stewardship 
        purposes'';</DELETED>
        <DELETED>    (3) by striking paragraph (1) and inserting the 
        following:</DELETED>
        <DELETED>    ``(1) giving reasonable priority to research, 
        education, and stewardship activities that use the System in 
        conducting or supporting activities relating to estuaries; 
        and'';</DELETED>
        <DELETED>    (4) by striking ``research.'' in paragraph (2) and 
        inserting ``research, education, and resource stewardship 
        activities.''; and</DELETED>
        <DELETED>    (5) by adding at the end thereof the 
        following:</DELETED>
        <DELETED>    ``(3) establishing partnerships with other Federal 
        and state estuarine management programs to coordinate and 
        collaborate on estuarine research.''.</DELETED>
<DELETED>    (e) Section 315(e) (16 U.S.C. 1461(e)) is amended--
</DELETED>
        <DELETED>    (1) by striking ``reserve,'' in paragraph 
        (1)(A)(i) and inserting ``reserve; and'';</DELETED>
        <DELETED>    (2) by striking ``and constructing appropriate 
        reserve facilities, or'' in paragraph (1)(A)(ii) and inserting 
        ``including resource stewardship activities and constructing 
        reserve facilities; and'';</DELETED>
        <DELETED>    (3) by striking paragraph (1)(A)(iii);</DELETED>
        <DELETED>    (4) by striking paragraph (1)(B) and inserting the 
        following:</DELETED>
                <DELETED>    ``(B) to any coastal state or public or 
                private person for purposes of--</DELETED>
                        <DELETED>    ``(i) supporting research and 
                        monitoring associated with a national estuarine 
                        reserve that are consistent with the research 
                        guidelines developed under subsection (c); 
                        or</DELETED>
                        <DELETED>    ``(ii) conducting educational, 
                        interpretive, or training activities for a 
                        national estuarine reserve that are consistent 
                        with the education guidelines developed under 
                        subsection (c).'';</DELETED>
        <DELETED>    (5) by striking ``therein or $5,000,000, whichever 
        amount is less.'' in paragraph (3)(A) and inserting ``therein. 
        Non-Federal costs associated with the purchase of any lands and 
        waters, or interests therein, which are incorporated into the 
        boundaries of a reserve up to 5 years after the costs are 
        incurred, may be used to match the Federal share.'';</DELETED>
        <DELETED>    (6) by striking ``and (iii)'' in paragraph 
        (3)(B);</DELETED>
        <DELETED>    (7) by striking ``paragraph (1)(A)(iii)'' in 
        paragraph (3)(B) and inserting ``paragraph (1)(B)'';</DELETED>
        <DELETED>    (8) by striking ``entire System.'' in paragraph 
        (3)(B) and inserting ``System as a whole.''; and</DELETED>
        <DELETED>    (9) by adding at the end thereof the 
        following:</DELETED>
        <DELETED>    ``(4) The Secretary may--</DELETED>
                <DELETED>    ``(A) enter into cooperative agreements, 
                financial agreements, grants, contracts, or other 
                agreements with any nonprofit organization, authorizing 
                the organization to solicit donations to carry out the 
                purposes and policies of this section, other than 
                general administration of reserves or the System and 
                which are consistent with the purposes and policies of 
                this section; and</DELETED>
                <DELETED>    ``(B) accept donations of funds and 
                services for use in carrying out the purposes and 
                policies of this section, other than general 
                administration of reserves or the System and which are 
                consistent with the purposes and policies of this 
                section.</DELETED>
        <DELETED>Donations accepted under this section shall be 
        considered as a gift or bequest to or for the use of the United 
        States for the purpose of carrying out this 
        section.''.</DELETED>
<DELETED>    (f) Section 315(f)(1) (16 U.S.C. 1461(f)(1)) is amended by 
inserting ``coordination with other state programs established under 
sections 306 and 309A,'' after ``including''.</DELETED>

<DELETED>SEC. 16. COASTAL ZONE MANAGEMENT REPORTS.</DELETED>

<DELETED>    Section 316 (16 U.S.C. 1462) is amended--</DELETED>
        <DELETED>    (1) by striking ``to the President for 
        transmittal'' in subsection (a);</DELETED>
        <DELETED>    (2) by striking ``zone and an evaluation of the 
        effectiveness of financial assistance under section 308 in 
        dealing with such consequences;'' and inserting ``zone;'' in 
        the provision designated as (10) in subsection (a);</DELETED>
        <DELETED>    (3) by inserting ``education,'' after the 
        ``studies,'' in the provision designated as (12) in subsection 
        (a);</DELETED>
        <DELETED>    (4) by striking ``Secretary'' in the first 
        sentence of subsection (c)(1) and inserting ``Secretary, in 
        consultation with coastal states, and with the participation of 
        affected Federal agencies,'';</DELETED>
        <DELETED>    (5) by striking the second sentence of subsection 
        (c)(1) and inserting the following: ``The Secretary, in 
        conducting such a review, shall coordinate with, and obtain the 
        views of, appropriate Federal agencies.'';</DELETED>
        <DELETED>    (6) by striking ``shall promptly'' in subsection 
        (c)(2) and inserting ``shall, within 4 years after the date of 
        enactment of the Coastal Zone Enhancement Reauthorization Act 
        of 2005,''; and</DELETED>
        <DELETED>    (7) by adding at the end of subsection (c)(2) the 
        following: ``If sufficient funds and resources are not 
        available to conduct such a review, the Secretary shall so 
        notify the Congress.''.</DELETED>

<DELETED>SEC. 17. AUTHORIZATION OF APPROPRIATIONS.</DELETED>

<DELETED>    Section 318 (16 U.S.C. 1464) is amended--</DELETED>
        <DELETED>    (1) by striking paragraphs (1) and (2) of 
        subsection (a) and inserting the following:</DELETED>
        <DELETED>    ``(1) for grants under sections 306, 306A, and 
        309--</DELETED>
                <DELETED>    ``(A) $90,500,000 for fiscal year 
                2006;</DELETED>
                <DELETED>    ``(B) $94,000,000 for fiscal year 
                2007;</DELETED>
                <DELETED>    ``(C) $98,000,000 for fiscal year 
                2008;</DELETED>
                <DELETED>    ``(D) $102,000,000 for fiscal year 2009; 
                and</DELETED>
                <DELETED>    ``(E) $106,000,000 for fiscal year 
                2010.</DELETED>
        <DELETED>    ``(2) for grants under section 309A--</DELETED>
                <DELETED>    ``(A) $29,000,000 for fiscal year 
                2006;</DELETED>
                <DELETED>    ``(B) $30,000,000 for fiscal year 
                2007;</DELETED>
                <DELETED>    ``(C) $31,000,000 for fiscal year 
                2008;</DELETED>
                <DELETED>    ``(D) $32,000,000 for fiscal year 2009; 
                and</DELETED>
                <DELETED>    ``(E) $32,000,000 for fiscal year 
                2010.</DELETED>
        <DELETED>of which $10,000,000, or 35 percent, whichever is 
        less, shall be for purposes set forth in section 
        309A(a)(5);</DELETED>
        <DELETED>    ``(3) for grants under section 315--</DELETED>
                <DELETED>    ``(A) $18,000,000 for fiscal year 
                2006;</DELETED>
                <DELETED>    ``(B) $19,000,000 for fiscal year 
                2007;</DELETED>
                <DELETED>    ``(C) $20,000,000 for fiscal year 
                2008;</DELETED>
                <DELETED>    ``(D) $21,000,000 for fiscal year 2009; 
                and</DELETED>
                <DELETED>    ``(E) $22,000,000 for fiscal year 
                2010.</DELETED>
        <DELETED>    ``(4) for grants to fund construction projects at 
        estuarine reserves designated under section 315, $15,000,000 
        for each of fiscal years 2006, 2007, 2008, 2009, and 2010; 
        and</DELETED>
        <DELETED>    ``(5) for costs associated with administering this 
        title, $7,000,000 for fiscal year 2006 and such sums as are 
        necessary for fiscal years 2007-2010.'';</DELETED>
        <DELETED>    (2) by striking ``306 or 309.'' in subsection (b) 
        and inserting ``306.'';</DELETED>
        <DELETED>    (3) by striking ``during the fiscal year, or 
        during the second fiscal year after the fiscal year, for 
        which'' in subsection (c) and inserting ``within 3 years from 
        when'';</DELETED>
        <DELETED>    (4) by striking ``under the section for such 
        reverted amount was originally made available.'' in subsection 
        (c) and inserting ``to states under this Act.''; and</DELETED>
        <DELETED>    (5) by adding at the end thereof the 
        following:</DELETED>
<DELETED>    ``(d) Purchase of Otherwise Unavailable Federal Products 
and Services.--Federal funds allocated under this title may be used by 
grantees to purchase Federal products and services not otherwise 
available.</DELETED>
<DELETED>    ``(e) Restriction on Use of Amounts for Program, 
Administrative, or Overhead Costs.--Except for funds appropriated under 
subsection (a)(5), amounts appropriated under this section shall be 
available only for grants to states and shall not be available for 
other program, administrative, or overhead costs of the National 
Oceanic and Atmospheric Administration or the Department of 
Commerce.''.</DELETED>

<DELETED>SEC. 18. SENSE OF CONGRESS.</DELETED>

<DELETED>    It is the sense of Congress that the Undersecretary for 
Oceans and Atmosphere should re-evaluate the calculation of shoreline 
mileage used in the distribution of funding under the Coastal Zone 
Management Program to ensure equitable treatment of all regions of the 
coastal zone, including the Southeastern States and the Great Lakes 
States.</DELETED>

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Coastal Zone 
Enhancement Reauthorization Act of 2005''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Amendment of Coastal Zone Management Act of 1972.
Sec. 3. Findings.
Sec. 4. Policy.
Sec. 5. Changes in definitions.
Sec. 6. Reauthorization of management program development grants.
Sec. 7. Administrative grants.
Sec. 8. Coastal resource improvement program.
Sec. 9. Certain Federal agency activities.
Sec. 10. Coastal zone management fund.
Sec. 11. Coastal zone enhancement grants.
Sec. 12. Coastal community program.
Sec. 13. Technical assistance; resources assessments; information 
                            systems.
Sec. 14. Performance review.
Sec. 15. Walter B. Jones awards.
Sec. 16. National Estuarine Research Reserve System.
Sec. 17. Coastal zone management reports.
Sec. 18. Authorization of appropriations.
Sec. 19. Deadline for decision on appeals of consistency determination.
Sec. 20. Coordination with Federal Energy Regulatory Commission.D23/

SEC. 2. AMENDMENT OF COASTAL ZONE MANAGEMENT ACT OF 1972.

    Except as otherwise expressly provided, whenever in this Act an 
amendment or repeal is expressed in terms of an amendment to, or repeal 
of, a section or other provision, the reference shall be considered to 
be made to a section or other provision of the Coastal Zone Management 
Act of 1972 (16 U.S.C. 1451 et seq.).

SEC. 3. FINDINGS.

    Section 302 (16 U.S.C. 1451) is amended--
            (1) by redesignating paragraphs (a) through (m) as 
        paragraphs (1) through (13);
            (2) by inserting ``ports,'' in paragraph (3) (as so 
        redesignated) after ``fossil fuels,'';
            (3) by inserting ``including coastal waters and wetlands,'' 
        in paragraph (4) (as so redesignated) after ``zone,'';
            (4) by striking ``therein,'' in paragraph (4) (as so 
        redesignated) and inserting ``dependent on that habitat,'';
            (5) by striking ``well-being'' in paragraph (5) (as so 
        redesignated) and inserting ``quality of life'';
            (6) by inserting ``integrated plans and strategies,'' after 
        ``including'' in paragraph (9) (as so redesignated);
            (7) by striking paragraph (11) (as so redesignated) and 
        inserting the following:
            ``(11) Land and water uses in the coastal zone and coastal 
        watersheds may significantly affect the quality of coastal 
        waters and habitats, and efforts to control coastal water 
        pollution from activities in these areas must be improved.''; 
        and
            (8) by adding at the end thereof the following:
            ``(14) There is a need to enhance cooperation and 
        coordination among states and local communities, to encourage 
        local community-based solutions that address the impacts and 
        pressures on coastal resources and on public facilities and 
        public service caused by continued coastal demands, and to 
        increase state and local capacity to identify public 
        infrastructure and open space needs and develop and implement 
        plans which provide for sustainable growth, resource protection 
        and community revitalization.
            ``(15) The establishment of a national system of estuarine 
        research reserves will provide for protection of essential 
        estuarine resources, as well as for a network of State-based 
        reserves that will serve as sites for coastal stewardship best-
        practices, monitoring, research, education, and training to 
        improve coastal management and to help translate science and 
        inform coastal decisionmakers and the public.''.

SEC. 4. POLICY.

    Section 303 (16 U.S.C. 1452) is amended--
            (1) by striking ``the states'' in paragraph (2) and 
        inserting ``state and local governments'';
            (2) by striking ``programs'' the first place it appears in 
        paragraph (2) and inserting ``programs, plans, and 
        strategies'';
            (3) by striking ``waters,'' each place it appears in 
        paragraph (2)(C) and inserting ``waters and habitats,'';
            (4) by striking ``agencies and state and wildlife agencies; 
        and'' in paragraph (2)(J) and inserting ``and wildlife 
        management, and'';
            (5) by striking ``specificity'' in paragraph (3) and 
        inserting ``specificity, cooperation, coordination, and 
        effectiveness'';
            (6) by inserting ``other countries,'' after ``agencies,'' 
        in paragraph (5);
            (7) by striking ``and'' at the end of paragraph (5);
            (8) by striking ``zone.'' in paragraph (6) and inserting 
        ``zone;''; and
            (9) by adding at the end thereof the following:
            ``(7) to create and use a National Estuarine Research 
        Reserve System as a Federal, state, and community partnership 
        to support and enhance coastal management and stewardship 
        through State-based conservation, monitoring, research, 
        education, outreach, and training; and
            ``(8) to encourage the development, application, training, 
        technical assistance, and transfer of innovative coastal 
        management practices and coastal and estuarine environmental 
        technologies and techniques to improve understanding and 
        management decisionmaking for the long-term conservation of 
        coastal ecosystems.''.

SEC. 5. CHANGES IN DEFINITIONS.

    Section 304 (16 U.S.C. 1453) is amended--
            (1) by striking ``and the Trust Territories of the Pacific 
        Islands,'' in paragraph (4);
            (2) in paragraph (6)(B)--
                    (A) by inserting ``(ix) use or reuse of facilities 
                authorized under the Outer Continental Shelf Lands Act 
                (43 U.S.C. 1331 et seq.) for energy-related purposes or 
                other authorized marine related purposes;'' after 
                ``transmission facilities;''; and
                    (B) by striking ``and (ix)'' and inserting ``and 
                (x);
            (3) by striking paragraph (8) and inserting the following:
            ``(8) The terms `estuarine reserve' and `estuarine research 
        reserve' mean a coastal protected area that--
                    ``(A) may include any part or all of an estuary and 
                any island, transitional area, and upland in, 
                adjoining, or adjacent to the estuary;
                    ``(B) constitutes to the extent feasible a natural 
                unit; and
                    ``(C) is established to provide long-term 
                opportunities for conducting scientific studies and 
                monitoring and educational and training programs that 
                improve the understanding, stewardship, and management 
                of estuaries and improve coastal decisionmaking.'';
            (4) by inserting ``plans, strategies,'' after ``policies,'' 
        in paragraph (12);
            (5) in paragraph (13)--
                    (A) by inserting ``or alternative energy sources on 
                or'' after ``natural gas'';
                    (B) by striking ``new or expanded'' and inserting 
                ``new, reused, or expanded''; and
                    (C) by striking ``or production.'' and inserting 
                ``production, or other energy related purposes.'';
            (6) by striking ``policies; standards'' in paragraph (17) 
        and inserting ``policies, standards, incentives, guidelines,''; 
        and
            (7) by adding at the end the following:
            ``(19) The term `coastal nonpoint pollution control 
        strategies and measures' means strategies and measures included 
        as part of the coastal nonpoint pollution control program under 
        section 6217 of the Coastal Zone Act Reauthorization Amendments 
        of 1990 (16 U.S.C. 1455b).
            ``(20) The term `qualified local entity' means--
                    ``(A) any local government;
                    ``(B) any areawide agency referred to in section 
                204(a)(1) of the Demonstration Cities and Metropolitan 
                Development Act of 1966 (42 U.S.C. 3334 (a)(1));
                    ``(C) any regional agency;
                    ``(D) any interstate agency;
                    ``(E) any nonprofit organization; or
                    ``(F) any reserve established under section 315.''.

SEC. 6. REAUTHORIZATION OF MANAGEMENT PROGRAM DEVELOPMENT GRANTS.

    Section 305 (16 U.S.C. 1454) is amended to read as follows:

``SEC. 305. MANAGEMENT PROGRAM DEVELOPMENT GRANTS.

    ``(a) States Without Programs.--In fiscal years 2006 and 2007, the 
Secretary may make a grant annually to any coastal state without an 
approved program if the coastal state demonstrates to the satisfaction 
of the Secretary that the grant will be used to develop a management 
program consistent with the requirements set forth in section 306. The 
amount of any such grant shall not exceed $200,000 in any fiscal year, 
and shall require State matching funds according to a 4-to-1 ratio of 
Federal-to-State contributions. After an initial grant is made to a 
coastal state under this subsection, no subsequent grant may be made to 
that coastal state under this subsection unless the Secretary finds 
that the coastal state is satisfactorily developing its management 
program. No coastal state is eligible to receive more than 4 grants 
under this subsection.
    ``(b) Submittal of Program for Approval.--A coastal state that has 
completed the development of its management program shall submit the 
program to the Secretary for review and approval under section 306.''.

SEC. 7. ADMINISTRATIVE GRANTS.

    (a) Purposes.--Section 306(a) (16 U.S.C. 1455(a)) is amended by 
striking ``administering that State's management program,'' and 
inserting ``administering and implementing that State's management 
program and any plans, projects, or activities developed pursuant to 
such program, including developing and implementing applicable coastal 
nonpoint pollution control program components,''.
    (b) Equitable Allocation of Funding.--Section 306(c) (16 U.S.C. 
1455(c)) is amended by adding at the end thereof ``In promoting equity, 
the Secretary shall consider the overall change in grant funding under 
this section from the preceding fiscal year and minimize the relative 
increases or decreases among all the eligible States. To the extent 
practicable, the Secretary shall ensure that each eligible State 
receives increased funding under this section in any fiscal year for 
which the total amount appropriated to carry out this section is 
greater than the total amount appropriated to carry out this section 
for the preceding fiscal year.
    (c) Acquisition Criteria.--Section 306(d)(10)(B) (16 U.S.C. 
1455(d)(10)(B)) is amended by striking ``less than fee simple'' and 
inserting ``other''.
    (d) Conforming Amendment.--Section 306(d)(13)(B) (16 U.S.C. 
1455(d)(13)(B)) is amended by inserting ``policies, plans, 
strategies,'' after ``specific''.

SEC. 8. COASTAL RESOURCE IMPROVEMENT PROGRAM.

    Section 306A (16 U.S.C. 1455a) is amended--
            (1) by inserting ``or other important coastal habitats'' in 
        subsection (b)(1)(A) after ``306(d)(9)'';
            (2) by inserting ``or historic'' in subsection (b)(2) after 
        ``urban'';
            (3) by adding at the end of subsection (b) the following:
            ``(5) The coordination and implementation of approved 
        coastal nonpoint pollution control plans, strategies, and 
        measures.
            ``(6) The preservation, restoration, enhancement or 
        creation of coastal habitats.'';
            (4) by inserting ``planning,'' before ``engineering'' in 
        subsection (c)(2)(D);
            (5) by striking ``and'' after the semicolon in subsection 
        (c)(2)(D);
            (6) by striking ``section.'' in subsection (c)(2)(E) and 
        inserting ``section;'';
            (7) by adding at the end of subsection (c)(2) the 
        following:
                    ``(F) work, resources, or technical support 
                necessary to preserve, restore, enhance, or create 
                coastal habitats; and
                    ``(G) the coordination and implementation of 
                approved coastal nonpoint pollution control plans, 
                strategies, measures.''; and
            (8) by striking subsections (d), (e), and (f) and inserting 
        after subsection (c) the following:
    ``(d) Source of Federal Grants; State Matching Contributions.--
            ``(1) In general.--If a coastal state chooses to fund a 
        project under this section, then--
                    ``(A) it shall submit to the Secretary a combined 
                application for grants under this section and section 
                306;
                    ``(B) it shall match the combined amount of such 
                grants in the ratio required by section 306(a) for 
                grants under that section; and
                    ``(C) the Federal funding for the project shall be 
                a portion of that state's annual allocation under 
                section 306(a).
            ``(2) Use of funds.--Grants provided under this section may 
        be used to pay a coastal state's share of costs required under 
        any other Federal program that is consistent with the purposes 
        of this section.
    ``(e) Allocation of Grants to Qualified Local Entity.--With the 
approval of the Secretary, the eligible coastal state may allocate to a 
qualified local entity a portion of any grant made under this section 
for the purpose of carrying out this section; except that such an 
allocation shall not relieve that state of the responsibility for 
ensuring that any funds so allocated are applied in furtherance of the 
state's approved management program and consistent with the policies of 
this Act.
    ``(f) Assistance.--The Secretary shall assist eligible coastal 
states in identifying and obtaining from other Federal agencies 
technical and financial assistance in achieving the objectives set 
forth in subsection (b).''.

SEC. 9. CERTAIN FEDERAL AGENCY ACTIVITIES.

    Section 307(c)(1) (16 U.S.C. 1456(c)(1)) is amended by adding at 
the end the following:
                    ``(D) The provisions of paragraph (1)(A), and 
                implementing regulations thereunder, with respect to a 
                Federal agency activity inland of the coastal zone of 
                the State of Alaska, apply only if the activity 
                directly and significantly affects a land or water use 
                or a natural resource of the Alaskan coastal zone.''.

SEC. 10. COASTAL ZONE MANAGEMENT FUND.

    (a) Treatment of Loan Repayments.--Section 308(a)(2) (16 U.S.C. 
1456a(a)(2)) is amended to read as follows:
            ``(2) Loan repayments made under this subsection shall be 
        retained by the Secretary and deposited into the Coastal Zone 
        Management Fund established under subsection (b) and shall be 
        made available to the States for grants as under subsection 
        (b)(2).''.
    (b) Use of Amounts in Fund.--Section 308(b) (16 U.S.C. 1456a(b)) is 
amended by striking paragraphs (2) and (3) and inserting the following:
            ``(2) Subject to appropriation Acts, amounts in the Fund 
        shall be available to the Secretary to make grants to the 
        States for--
                    ``(A) projects to address coastal and ocean 
                management issues which are regional in scope, 
                including intrastate and interstate projects; and
                    ``(B) projects that have high potential for 
                improving coastal zone and watershed management.
            ``(3) Projects funded under this subsection shall apply an 
        integrated, watershed-based management approach and advance the 
        purpose of this Act to preserve, protect, develop, and where 
        possible, to restore or enhance, the resources of the Nation's 
        coastal zone for this and succeeding generations.''.

SEC. 11. COASTAL ZONE ENHANCEMENT GRANTS.

    Section 309 (16 U.S.C. 1456b) is amended--
            (1) by striking subsection (a)(1) and inserting the 
        following:
            ``(1) Protection, restoration, enhancement, or creation of 
        coastal habitats, including wetlands, coral reefs, marshes, and 
        barrier islands.'';
            (2) by inserting ``and removal'' after ``entry'' in 
        subsection (a)(4);
            (3) by striking ``on various individual uses or activities 
        on resources, such as coastal wetlands and fishery resources.'' 
        in subsection (a)(5) and inserting ``of various individual uses 
        or activities on coastal waters, habitats, and resources, 
        including sources of polluted runoff.'';
            (4) by adding at the end of subsection (a) the following:
            ``(10) Development and enhancement of coastal nonpoint 
        pollution control program components, strategies, and measures, 
        including the satisfaction of conditions placed on such 
        programs as part of the Secretary's approval of the programs.
            ``(11) Significant emerging coastal issues as identified by 
        coastal states, in consultation with the Secretary and 
        qualified local entities.'';
            (5) by striking ``changes'' in subsection (b)(2)(A) and 
        inserting ``changes, or for projects that demonstrate 
        significant potential for improving ocean resource management 
        or integrated coastal and watershed management at the local, 
        state, or regional level,'';
            (6) by striking ``proposals, taking into account the 
        criteria established by the Secretary under subsection (d).'' 
        in subsection (c) and inserting ``proposals.'';
            (7) by striking subsection (d) and redesignating 
        subsections (e), (f), and (g) as subsections (d), (e), and (f), 
        respectively; and
            (8) by striking ``in implementing this section, up to a 
        maximum of $10,000,000 annually.'' in subsection (e), as 
        redesignated, and inserting ``for grants to the States.''.

SEC. 12. COASTAL COMMUNITY PROGRAM.

    The Act is amended by inserting after section 309 the following:

``SEC. 309A. COASTAL COMMUNITY PROGRAM.

    ``(a) Coastal Community Grants.--The Secretary may make grants to 
any coastal state that is eligible under subsection (b)--
            ``(1) to assist coastal communities in assessing and 
        managing growth, public infrastructure, and open space needs in 
        order to provide for sustainable growth, resource protection 
        and community revitalization;
            ``(2) to provide management-oriented research and technical 
        assistance in developing and implementing community-based 
        growth management and resource protection strategies in 
        qualified local entities as long as such strategies are 
        consistent with the policies of this Act;
            ``(3) to fund demonstration projects which have high 
        potential for improving coastal zone management at the local 
        level;
            ``(4) to assist in the adoption of plans, strategies, 
        policies, or procedures to support local community-based 
        environmentally-protective solutions to the impacts and 
        pressures on coastal uses and resources caused by development 
        and sprawl that will--
                    ``(A) revitalize previously developed areas;
                    ``(B) undertake conservation activities and 
                projects in undeveloped and environmentally sensitive 
                areas;
                    ``(C) emphasize water-dependent uses; and
                    ``(D) protect coastal waters and habitats; and
            ``(5) to assist coastal communities to coordinate and 
        implement approved coastal nonpoint pollution control 
        strategies and measures that reduce the causes and impacts of 
        polluted runoff on coastal waters and habitats.''.
    ``(b) Eligibility.--To be eligible for a grant under this section 
for a fiscal year, a coastal state shall--
            ``(1) have a management program approved under section 306; 
        and
            ``(2) in the judgment of the Secretary, be making 
        satisfactory progress in activities designed to result in 
        significant improvement in achieving the coastal management 
        objectives specified in subparagraphs (A) through (K) of 
        section 303(2).
    ``(c) Allocations; Source of Federal Grants; State Matching 
Contributions.--
            ``(1) Allocation.--Grants under this section shall be 
        allocated to coastal states as provided in section 306(c).
            ``(2) Application; matching.--If a coastal state chooses to 
        fund a project under this section, then--
                    ``(A) it shall submit to the Secretary a combined 
                application for grants under this section and section 
                306; and
                    ``(B) it shall match the amount of the grant under 
                this section on the basis of a total contribution of 
                section 306, 306A, and this section so that, in 
                aggregate, the match is 1:1.
    ``(d) Allocation of Grants to Qualified Local Entity.--
            ``(1) In general.--With the approval of the Secretary, the 
        eligible coastal state may allocate to a qualified local entity 
        amounts received by the state under this section.
            ``(2) Assurances.--A coastal state shall ensure that 
        amounts allocated by the state under paragraph (1) are used by 
        the qualified local entity in furtherance of the state's 
        approved management program, specifically furtherance of the 
        coastal management objectives specified in section 303(2) and 
        the policies of this Act.
    ``(e) Assistance.--The Secretary shall assist eligible coastal 
states and qualified local entities in identifying and obtaining from 
other Federal agencies technical and financial assistance in achieving 
the objectives set forth in subsection (a).''.

SEC. 13. TECHNICAL ASSISTANCE; RESOURCES ASSESSMENTS; INFORMATION 
              SYSTEMS.

    (a) In General.--Section 310 (16 U.S.C. 1456c) is amended--
            (1) by inserting ``(1)'' before ``The Secretary'' in 
        subsection (a);
            (2) by striking ``assistance'' in the first sentence in 
        subsection (a) and inserting ``assistance, technology and 
        methodology development, training and information transfer, 
        resources assessment,'';
            (3) by resetting the second and third sentences in 
        subsection (a) as a new paragraph and inserting ``(2)'' before 
        ``Each'';
            (4) by striking ``and research activities'' in subsection 
        (b)(1) and inserting ``research activities, and other support 
        services and activities'';
            (5) by adding at the end of subsection (b)(1) the 
        following: ``The Secretary may conduct a program to develop and 
        apply innovative coastal and estuarine environmental technology 
        and methodology through a cooperative program, and to support 
        the development, application, training and technical 
        assistance, and transfer of effective coastal management 
        practices. The Secretary may make extramural grants in carrying 
        out the purpose of this subsection.'';
            (6) by adding at the end of subsection (b)(3) the 
        following: ``The Secretary shall establish regional advisory 
        committees including representatives of the Governors of each 
        state within the region, universities, colleges, coastal and 
        marine laboratories, Sea Grant College programs within the 
        region and representatives from the private and public sector 
        with relevant expertise. The Secretary will report to the 
        regional advisory committees on activities undertaken by the 
        Secretary and other agencies pursuant to this section, and the 
        regional advisory committees shall identify research, technical 
        assistance and information needs and priorities. The regional 
        advisory committees are not subject to the requirements of the 
        Federal Advisory Committee Act (5 U.S.C. App.).''; and
            (7) by adding at the end the following:
    ``(c)(1) The Secretary shall consult with the regional advisory 
committees concerning the development of a coastal resources assessment 
and information program to support development and maintenance of 
integrated coastal resource assessments of state natural, cultural and 
economic attributes, and coastal information programs for the 
collection and dissemination of data and information, product 
development, and outreach based on the needs and priorities of coastal 
and ocean managers and user groups.
    ``(2) The Secretary shall assist coastal states in identifying and 
obtaining financial and technical assistance from other Federal 
agencies and may make grants to states in carrying out the purpose of 
this section and to provide ongoing support for state resource 
assessment and information programs.''.
    (b) Conforming Amendment.--The section heading for section 310 (16 
U.S.C. 1456c) is amended to read as follows:

``SEC. 310. TECHNICAL ASSISTANCE, RESOURCES ASSESSMENTS, AND 
              INFORMATION SYSTEMS.''.

SEC. 14. PERFORMANCE REVIEW.

    Section 312(a) (16 U.S.C. 1458(a)) is amended--
            (1) by striking ``continuing review of the performance'' 
        and inserting ``periodic review, no less frequently than every 
        5 years, of the administration, implementation, and 
        performance'';
            (2) by striking ``management.'' and inserting ``management 
        programs.'';
            (3) by striking ``has implemented and enforced'' and 
        inserting ``has effectively administered, implemented, and 
        enforced'';
            (4) by striking ``addressed the coastal management needs 
        identified'' and inserting ``furthered the national coastal 
        policies and objectives set forth''; and
            (5) by inserting ``coordinated with National Estuarine 
        Research Reserves in the state,'' after ``303(2)(A) through 
        (K),''.

SEC. 15. WALTER B. JONES AWARDS.

    Section 314 (16 U.S.C. 1460) is amended--
            (1) by striking ``shall, using sums in the Coastal Zone 
        Management Fund established under section 308'' in subsection 
        (a) and inserting ``may, using sums available under this Act'';
            (2) by striking ``field.'' in subsection (a) and inserting 
        the following: ``field of coastal zone management. These 
        awards, to be known as the `Walter B. Jones Awards', may 
        include--
            ``(1) cash awards in an amount not to exceed $5,000 each;
            ``(2) research grants; and
            ``(3) public ceremonies to acknowledge such awards.'';
            (3) by striking ``shall elect annually--'' in subsection 
        (b) and inserting ``may select annually if funds are available 
        under subsection (a)--''; and
            (4) by striking subsection (e).

SEC. 16. NATIONAL ESTUARINE RESEARCH RESERVE SYSTEM.

    (a) Section 315(a) (16 U.S.C. 1461(a)) is amended by striking 
``consists of--'' and inserting ``is a network of areas protected by 
Federal, state, and community partnerships which promotes informed 
management of the Nation's estuarine and coastal areas through 
interconnected programs in resource stewardship, education and 
training, monitoring, research, and scientific understanding consisting 
of--''.
    (b) Section 315(b)(2) ((16 U.S.C. 1461(b)(2)) is amended--
            (1) by inserting ``for each coastal state or territory'' 
        after ``research'' in subparagraph (A);
            (2) by striking ``public awareness and'' in subparagraph 
        (C) and inserting ``state coastal management, public awareness, 
        and''; and
            (3) by striking ``public education and interpretation; 
        and''; in subparagraph (C) and inserting ``education, 
        interpretation, training, and demonstration projects; and''.
    (c) Section 315(c) (16 U.S.C. 1461(c)) is amended--
            (1) by striking ``Research'' in the subsection caption and 
        inserting ``Research, Education, and Resource Stewardship'';
            (2) by striking ``conduct of research'' and inserting 
        ``conduct of research, education, and resource stewardship'';
            (3) by striking ``coordinated research'' in paragraph (1)) 
        and inserting ``coordinated research, education, and resource 
        stewardship'';
            (4) by striking ``research'' after ``common'' in paragraph 
        (2);
            (5) by striking ``research programs'' in paragraph (2) and 
        inserting ``research, education, and resource stewardship 
        programs'';
            (6) by striking ``research'' after ``uniform'' in paragraph 
        (3);
            (7) by striking ``data,'' in paragraph (3) and inserting 
        ``information,'';
            (8) by striking ``research'' after ``application of'' in 
        paragraph (3);
            (9) by striking ``research purposes;'' in paragraph (3) and 
        inserting ``research, education, and resource stewardship 
        purposes;'';
            (10) by striking ``research efforts'' in paragraph (4) and 
        inserting ``research, education, and resource stewardship 
        efforts'';
            (11) by striking ``research'' in paragraph (5) and 
        inserting ``research, education, and resource stewardship''; 
        and
            (12) by striking ``research'' in the last sentence.
    (d) Section 315(d) (16 U.S.C. 1461(d)) is amended--
            (1) by striking ``Estuarine Research.--'' in the subsection 
        caption and inserting ``Estuarine Research, Education, and 
        Resource Stewardship.--'';
            (2) by striking ``research purposes'' and inserting 
        ``research, education, and resource stewardship purposes'';
            (3) by striking paragraph (1) and inserting the following:
            ``(1) giving reasonable priority to research, education, 
        and stewardship activities that use the System in conducting or 
        supporting activities relating to estuaries;'';
            (4) by striking ``research.'' in paragraph (2) and 
        inserting ``research, education, and resource stewardship 
        activities; and''; and
            (5) by adding at the end thereof the following:
            ``(3) establishing partnerships with other Federal and 
        state estuarine management programs to coordinate and 
        collaborate on estuarine research.''.
    (e) Section 315(e) (16 U.S.C. 1461(e)) is amended--
            (1) by striking ``reserve,'' in paragraph (1)(A)(i) and 
        inserting ``reserve; and'';
            (2) by striking ``and constructing appropriate reserve 
        facilities, or'' in paragraph (1)(A)(ii) and inserting 
        ``including resource stewardship activities and constructing 
        reserve facilities; and'';
            (3) by striking paragraph (1)(A)(iii);
            (4) by striking paragraph (1)(B) and inserting the 
        following:
                    ``(B) to any coastal state or public or private 
                person for purposes of--
                            ``(i) supporting research and monitoring 
                        associated with a national estuarine reserve 
                        that are consistent with the research 
                        guidelines developed under subsection (c); or
                            ``(ii) conducting educational, 
                        interpretive, or training activities for a 
                        national estuarine reserve that are consistent 
                        with the education guidelines developed under 
                        subsection (c).'';
            (5) by striking ``therein or $5,000,000, whichever amount 
        is less.'' in paragraph (3)(A) and inserting ``therein. Non-
        Federal costs associated with the purchase of any lands and 
        waters, or interests therein, which are incorporated into the 
        boundaries of a reserve up to 5 years after the costs are 
        incurred, may be used to match the Federal share.'';
            (6) by striking ``and (iii)'' in paragraph (3)(B);
            (7) by striking ``paragraph (1)(A)(iii)'' in paragraph 
        (3)(B) and inserting ``paragraph (1)(B)'';
            (8) by striking ``entire System.'' in paragraph (3)(B) and 
        inserting ``System as a whole.''; and
            (9) by adding at the end thereof the following:
            ``(4) The Secretary may--
                    ``(A) enter into cooperative agreements, financial 
                agreements, grants, contracts, or other agreements with 
                any nonprofit organization, authorizing the 
                organization to solicit donations to carry out the 
                purposes and policies of this section, other than 
                general administration of reserves or the System and 
                which are consistent with the purposes and policies of 
                this section; and
                    ``(B) accept donations of funds and services for 
                use in carrying out the purposes and policies of this 
                section, other than general administration of reserves 
                or the System and which are consistent with the 
                purposes and policies of this section.
        Donations accepted under this section shall be considered as a 
        gift or bequest to or for the use of the United States for the 
        purpose of carrying out this section.''.
    (f) Section 315(f)(1) (16 U.S.C. 1461(f)(1)) is amended by 
inserting ``coordination with other state programs established under 
sections 306 and 309A,'' after ``including''.

SEC. 17. COASTAL ZONE MANAGEMENT REPORTS.

    Section 316 (16 U.S.C. 1462) is amended--
            (1) by striking ``to the President for transmittal'' in 
        subsection (a);
            (2) by striking ``zone and an evaluation of the 
        effectiveness of financial assistance under section 308 in 
        dealing with such consequences;'' and inserting ``zone;'' in 
        subsection (a)(10);
            (3) by inserting ``education,'' after ``studies,'' in 
        subsection (a)(12);
            (4) by striking ``Secretary'' in the first sentence of 
        subsection (c)(1) and inserting ``Secretary, in consultation 
        with coastal states, and with the participation of affected 
        Federal agencies,'';
            (5) by striking the second sentence of subsection (c)(1) 
        and inserting the following: ``The Secretary, in conducting 
        such a review, shall coordinate with, and obtain the views of, 
        appropriate Federal agencies.'';
            (6) by striking ``shall promptly'' in subsection (c)(2) and 
        inserting ``shall, within 4 years after the date of enactment 
        of the Coastal Zone Enhancement Reauthorization Act of 2005,''; 
        and
            (7) by adding at the end of subsection (c)(2) the 
        following: ``If sufficient funds and resources are not 
        available to conduct such a review, the Secretary shall so 
        notify the Congress.''.

SEC. 18. AUTHORIZATION OF APPROPRIATIONS.

    Section 318 (16 U.S.C. 1464) is amended--
            (1) by striking paragraphs (1) and (2) of subsection (a) 
        and inserting the following:
            ``(1) for grants under sections 306, 306A, and 309--
                    ``(A) $90,500,000 for fiscal year 2006,
                    ``(B) $94,000,000 for fiscal year 2007,
                    ``(C) $98,000,000 for fiscal year 2008,
                    ``(D) $102,000,000 for fiscal year 2009, and
                    ``(E) $106,000,000 for fiscal year 2010;
            ``(2) for grants under section 309A--
                    ``(A) $29,000,000 for fiscal year 2006,
                    ``(B) $30,000,000 for fiscal year 2007,
                    ``(C) $31,000,000 for fiscal year 2008,
                    ``(D) $32,000,000 for fiscal year 2009, and
                    ``(E) $32,000,000 for fiscal year 2010,
        of which $10,000,000, or 35 percent, whichever is less, shall 
        be for purposes set forth in section 309A(a)(5);
            ``(3) for grants under section 315--
                    ``(A) $37,000,000 for fiscal year 2006,
                    ``(B) $38,000,000 for fiscal year 2007,
                    ``(C) $39,000,000 for fiscal year 2008,
                    ``(D) $40,000,000 for fiscal year 2009, and
                    ``(E) $41,000,000 for fiscal year 2010,
        of which up to $15,000,000 may be used by the Secretary in each 
        of fiscal years 2006 through 2010 for grants to fund 
        construction and acquisition projects at estuarine reserves 
        designated under section 315;
            ``(4) for costs associated with administering this title, 
        $7,500,000 for fiscal year 2006, $7,750,000 for fiscal year 
        2007, $8,000,000 for fiscal year 2008, $8,250,000, for fiscal 
        year 2009, and $8,500,000 for fiscal year 2010; and
            ``(5) for grants under section 310 to support State pilot 
        projects to implement resource assessment and information 
        programs, $6,000,000 for each of fiscal years 2006 and 2007.'';
            (2) by striking ``306 or 309.'' in subsection (b) and 
        inserting ``306.'';
            (3) by striking ``during the fiscal year, or during the 
        second fiscal year after the fiscal year, for which'' in 
        subsection (c) and inserting ``within 3 years from when'';
            (4) by striking ``under the section for such reverted 
        amount was originally made available.'' in subsection (c) and 
        inserting ``to states under this Act.''; and
            (5) by adding at the end thereof the following:
    ``(d) Purchase of Otherwise Unavailable Federal Products and 
Services.--Federal funds allocated under this title may be used by 
grantees to purchase Federal products and services not otherwise 
available.
    ``(e) Restrictions on Use of Amounts.--Except for funds 
appropriated under subsection (a)(4), amounts appropriated under this 
section shall be available only for grants to States and shall not be 
available for other program, administrative, or overhead costs of the 
National Oceanic and Atmospheric Administration or the Department of 
Commerce.''.

SEC. 19. DEADLINE FOR DECISION ON APPEALS OF CONSISTENCY DETERMINATION.

    (a) In General.--Section 319 (16 U.S.C. 1465) is amended to read as 
follows:

``SEC. 319. APPEALS TO THE SECRETARY.

    ``(a) Notice.--Not later than 30 days after the date of the filing 
of an appeal to the Secretary of a consistency determination under 
section 307, the Secretary shall publish an initial notice in the 
Federal Register.
    ``(b) Closure of Record.--
            ``(1) In general.--Not later than the end of the 270-day 
        period beginning on the date of publication of an initial 
        notice under subsection (a), except as provided in paragraph 
        (3), the Secretary shall immediately close the decision record 
        and receive no more filings on the appeal.
            ``(2) Notice.--After closing the administrative record, the 
        Secretary shall immediately publish a notice in the Federal 
        Register that the administrative record has been closed.
            ``(3) Exception.--
                    ``(A) In general.--Subject to subparagraph (B), 
                during the 270-day period described in paragraph (1), 
                the Secretary may stay the closing of the decision 
                record--
                            ``(i) for a specific period mutually agreed 
                        to in writing by the appellant and the State 
                        agency; or
                            ``(ii) as the Secretary determines 
                        necessary to receive, on an expedited basis--
                                    ``(I) any supplemental information 
                                specifically requested by the Secretary 
                                to complete a consistency review under 
                                this Act; or
                                    ``(II) any clarifying information 
                                submitted by a party to the proceeding 
                                related to information already existing 
                                in the sole record.
                    ``(B) Applicability.--The Secretary may only stay 
                the 270-day period described in paragraph (1) once and 
                for a period not to exceed 60 days.
    ``(c) Deadline for Decision.--
            ``(1) In general.--Not later than 90 days after the date of 
        publication of a Federal Register notice stating when the 
        decision record for an appeal has been closed, the Secretary 
        shall issue a decision or publish a notice in the Federal 
        Register explaining why a decision cannot be issued at that 
        time.
            ``(2) Subsequent decision.--Not later than 45 days after 
        the date of publication of a Federal Register notice explaining 
        why a decision cannot be issued within the 90-day period, the 
        Secretary shall issue a decision.''.
    (b) Effective Date.--The amendment made by subsection (a) applies 
with respect to appeals under subsection (c) or (d) of section 307 of 
the D23/Coastal Zone Management Act of 1972 (16 U.S.C. 1456) filed 
after the date of enactment of this Act.
    (c) Special Rule for Appeals Filed On or Before Date of 
Enactment.--The Secretary of Commerce--
            (1) shall close the administrative record for any appeal 
        under subsection (c) or (d) of section 307 of the D23/Coastal 
        Zone Management Act of 1972 (16 U.S.C. 1456) that was filed on 
        or before the date of enactment of this Act within 180 days 
        after such date of enactment but not earlier than December 31, 
        2006;
            (2) may not receive any additional filing with respect to 
        such an appeal; and
            (3) shall issue a decision on the appeal within 90 days 
        after closing the administrative record.

SEC. 20. COORDINATION WITH FEDERAL ENERGY REGULATORY COMMISSION.

    Within 180 days after the date of enactment of this Act, the 
Secretary of Commerce shall submit a report to the Congress on the 
development of a memorandum of understanding with the Commissioner of 
the Federal Energy Regulatory Commission for a coordinated process for 
review of coastal energy activities that provides for--
            (1) improved coordination among Federal, regional, State, 
        and local agencies concerned with conducting reviews under the 
        Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.); 
        and
            (2) coordinated schedules for such reviews that ensures 
        that, where appropriate, the reviews are performed 
        concurrently.
                                                       Calendar No. 211

109th CONGRESS

  1st Session

                                 S. 360

                          [Report No. 109-137]

_______________________________________________________________________

                                 A BILL

               To amend the Coastal Zone Management Act.

_______________________________________________________________________

                           September 15, 2005

                       Reported with an amendment