[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5452 Introduced in House (IH)]







110th CONGRESS
  2d Session
                                H. R. 5452

To amend the Coastal Zone Management Act of 1972 to authorize grants to 
   coastal States to support State efforts to initiate and complete 
   surveys of coastal State waters and Federal waters adjacent to a 
State's coastal zone to identify potential areas suitable or unsuitable 
 for the exploration, development, and production of renewable energy, 
                        and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 14, 2008

 Mrs. Capps (for herself, Mr. Delahunt, Ms. Bordallo, Mr. Inslee, Mr. 
  Farr, Mr. Hinchey, Mr. Faleomavaega, and Ms. Matsui) introduced the 
    following bill; which was referred to the Committee on Natural 
                               Resources

_______________________________________________________________________

                                 A BILL


 
To amend the Coastal Zone Management Act of 1972 to authorize grants to 
   coastal States to support State efforts to initiate and complete 
   surveys of coastal State waters and Federal waters adjacent to a 
State's coastal zone to identify potential areas suitable or unsuitable 
 for the exploration, development, and production of renewable energy, 
                        and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Coastal State Renewable Energy 
Promotion Act of 2008''.

SEC. 2. STATE OCEAN AND COASTAL RENEWABLE ENERGY PLANNING.

    (a) In General.--The Coastal Zone Management Act of 1972 (16 U.S.C. 
1451 et seq.) is amended by inserting after section 306A the following:

 ``ocean and coastal renewable energy state surveys; renewable energy 
                    site identification and planning

    ``Sec. 306B.  (a) Grants to States.--The Secretary may make grants 
to eligible coastal States to support voluntary State efforts to 
initiate and complete surveys of portions of coastal State waters and 
Federal waters adjacent to a State's coastal zone, in consultation with 
the Minerals Management Service, to identify potential areas suitable 
or unsuitable for the exploration, development, and production of 
renewable energy that are consistent with the enforceable policies of 
coastal management plans approved pursuant to section 306(d).
    ``(b) Survey Elements.--Surveys developed with grants under this 
section shall include consideration of--
            ``(1) hydrographic and bathymetric surveys;
            ``(2) oceanographic observations and measurements of the 
        physical ocean environment, especially seismically active 
        areas;
            ``(3) identification and characterization of significant or 
        sensitive marine ecosystems or other areas possessing important 
        conservation, recreational, ecological, historic, or aesthetic 
        values;
            ``(4) surveys of existing marine uses in the outer 
        Continental Shelf and identification of potential conflicts;
            ``(5) inventories and surveys of shore locations and 
        infrastructure capable of supporting renewable energy 
        development;
            ``(6) inventories and surveys of offshore locations and 
        infrastructure capable of supporting renewable energy 
        development; and
            ``(7) other matters as may be necessary.
    ``(c) Participation and Cooperation.--To the extent practicable, 
coastal States shall provide opportunity for the participation in 
surveys under this section by relevant Federal agencies, State 
agencies, local governments, regional organizations, port authorities, 
and other interested parties and stakeholders, public and private, that 
is adequate to develop a comprehensive survey.
    ``(d) Guidelines.--The Secretary shall, within 180 days after the 
date of enactment of this section and after consultation with the 
coastal States, publish guidelines for the application for and use of 
grants under this section.
    ``(e) Annual Grants.--For each of fiscal years 2009 through 2012, 
the Secretary may make a grant to a coastal State under this section if 
the coastal State demonstrates to the satisfaction of the Secretary 
that the grant will be used to develop a renewable energy survey 
consistent with the requirements set forth in this section.
    ``(f) Grant Amounts.--The amount of any grant under this section 
shall not exceed $750,000 for any fiscal year.
    ``(g) State Match.--
            ``(1) Before fiscal year 2011.--The Secretary shall not 
        require any State matching fund contribution for grants awarded 
        under this section for any fiscal year before fiscal year 2011.
            ``(2) After fiscal year 2011.--The Secretary shall require 
        a coastal State to provide a matching fund contribution for a 
        grant under this section for surveys of a State's coastal 
        waters, according to--
                    ``(A) a 2-to-1 ratio of Federal-to-State 
                contributions for fiscal year 2011; and
                    ``(B) a 1-to-1 ratio of Federal-to-State 
                contributions for fiscal year 2012.
            ``(3) Limitation.--The Secretary shall not require any 
        matching funds for surveys of Federal waters adjacent to a 
        State's coastal zone.
    ``(h) Secretarial Review.--After an initial grant is made to a 
coastal State under this section, no subsequent grant may be made to 
that coastal State under this section unless the Secretary finds that 
the coastal State is satisfactorily developing its survey.
    ``(i) Limitation on Eligibility.--No coastal State is eligible to 
receive grants under this section for more than 3 fiscal years.
    ``(j) Applicability.--This section and the surveys conducted with 
assistance under this section shall not be construed to convey any new 
authority to any coastal State, or repeal or supersede any existing 
authority of any Federal agency, to regulate the siting, licensing, 
leasing, or permitting of renewable energy facilities in areas of the 
outer Continental Shelf under the administration of the Federal 
Government. Nothing in this section repeals or supersedes any existing 
coastal State authority pursuant to State or Federal law.
    ``(k) Priority.--Any area that is identified as suitable for 
potential renewable energy development under surveys developed with 
assistance under this section shall be given priority consideration by 
Federal agencies for the siting, licensing, leasing, or permitting of 
renewable energy facilities. Any area that is identified as unsuitable 
under surveys developed with assistance under this section shall be 
avoided by Federal agencies to the maximum extent practicable.
    ``(l) Assistance by the Secretary.--The Secretary shall--
            ``(1) under section 307(a) and to the extent practicable, 
        make available to coastal States the resources and capabilities 
        of the National Oceanic and Atmospheric Administration to 
        provide technical assistance to the coastal States to develop 
        surveys under this section; and
            ``(2) encourage other Federal agencies with relevant 
        expertise to participate in providing technical assistance 
        under this subsection.
    ``(m) Renewable Energy Defined.--In this section the term 
`renewable energy' means wind, wave, current, tidal, or ocean thermal 
energy.''.
    (b) Authorization of Appropriations.--Section 318(a) of the Coastal 
Zone Management Act of 1972 (16 U.S.C. 1464) is amended--
            (1) in paragraph (1)(C) by striking ``and'' after the 
        semicolon;
            (2) in paragraph (2), by striking the period at the end and 
        inserting a semicolon; and
            (3) by adding at the end the following:
            ``(3) for grants under section 306B such sums as are 
        necessary; and''.
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