[Congressional Record Volume 145, Number 114 (Thursday, August 5, 1999)]
[Senate]
[Pages S10437-S10441]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Ms. SNOWE (for herself and Mr. McCain):
  S. 1534. A bill to reauthorize the Coastal Zone Management Act, and 
for other purposes; to the Committee on Commerce, Science, and 
Transportation.


                  COASTAL ZONE MANAGEMENT ACT OF 1999

  Ms. SNOWE. Mr. President, I rise today to introduce the Coastal Zone 
Management Act of 1999. I am pleased that Senator McCain, Chairman of 
the Commerce Committee, is a cosponsor of this legislation. This bill 
reauthorizes the Coastal Zone Management Act (CZMA) through Fiscal Year 
2004. This legislation will improve the qualify of life for those 
Americans fortunate enough to live in coastal communities and the 
millions of others who visit these regions each year. First and 
foremost, the bill recognizes the many benefits of economic 
development, and balances those needs with the protection of our 
valuable public resources.
  The United States has more than 95,000 miles of coastline along the 
Atlantic, Pacific, and Arctic Oceans, Gulf of Mexico, and the Great 
Lakes. Nearly 53 percent of all Americans live in these coastal 
regions, but that accounts for only 11 percent of the country's total 
land area. This small portion of our country supports approximately 200 
sea ports, contains most of our largest cities, and serves as critical 
habitat for a variety of plants and animals.
  To help meet the growing challenges facing these coastal areas, 
Congress enacted the CZMA in 1972. The CZMA provides incentives to 
states to develop comprehensive programs that balance the many 
competing uses of coastal resources and to meeting the needs for the 
future growth of coastal communities.
  As a voluntary program, the framework of the CZMA provides guidelines 
for state plans to address multiple environmental, societal, cultural, 
and economic objectives. This allows the states the flexibility 
necessary to prioritize management issues and utilize existing state 
regulatory programs and statutes wherever possible. Obviously, each 
state's priorities and needs are unique. That is why this bill provides 
maximum flexibility to states to address the diverse problems affecting 
our coastal areas.
  The coastal zones managed under the CZMA range from the arctic to 
tropical islands, from sandy to rocky shorelines, and from urban to 
rural areas. Because of these varying habitats and resource types, no 
two state plan and the same, nor should they be.
  Likewise, there are multiple uses of the coastal zone. Coastal 
managers are asked to strike a balance among residential, commercial, 
recreational, and industrial development; harbor development and 
maintenance; shoreline erosion and commercial and recreational fishing. 
Coastal programs address these competing needs for resources, steer 
activities to appropriate areas of the coast, and attempt to minimize 
the effects of these activities on coastal resources. As you may 
imagine, being able to balance economic development while protecting 
public resources requires careful strategies, substantial financial 
resources, and cooperation among stakeholders.
  So far, 32 of the 35 eligible coastal states and U.S. territories 
have federally approved coastal zone management plans under the CZMA. 
Two of the remaining eligible states are currently completing their 
plans. I am proud to say that my state of Maine has had a federally 
approved plan since 1978. The approved plans cover 99% of the eligible 
U.S. coastline.
  Another component of the CZMA is the National Estuarine Research 
Reserve System. These reserves not only provide habitat for a wide 
variety of fish, invertebrates, birds, and mammals, but they also serve 
as natural laboratories for research and education. There are currently 
22 of these reserves in 18 states.
  Mr. President, this bill authorizes $100 million to carry out the 
objectives of the CZMA for fiscal year 2000. The authorization level 
increases by $5 million each year to $120 million in FY 2004. Of the 
annual $5 million increase, $3.5 million would be targeted for the base 
state-grant programs; $1 million would be authorized for coastal zone 
enhancement and coastal community grant programs; and $500,000 would be 
authorized for the national Estuarine Research Reserve System. This 
bill will enable the states to build upon the successes of their 
management plans an confront emerging problems along our coasts. 
Further, this bill allows each state to maintain the flexibility it 
requires in order to address the specific needs of its coastal 
communities.
  Because flexibility at the state level is a critical element of this 
bill, titled the Coastal Zone Management Act of 1999 allows states to 
establish partnerships with local communities to encourage wise and 
sustainable development of their public resources. As the United 
States' population continues to increase in coastal communities, it is 
imperative that we provide those communities with the capability to 
plan for growth. This will enable coastal communities to address open 
space needs, environmental protection, and infrastrasture needs.
  Finally, let me say that the foundation of this legislation is the 
existing federal/state partnership that has made the CZMA so effective. 
The federal funds to implement CZMA management plans are matched by 
state matching monies. Some states have capitalized on the 
opportunities presented by the CZMA by leveraging even more money than 
the required match. In my state, the State of Maine, for example, the 
importance of investing in coastal areas has been clearly recognized 
and the CZMA federal funds have been matched at a rate of seven state 
dollars per federal dollar. Given examples like this, the potential for 
this reauthorization could produce several hundred million dollars for 
coastal zone management programs.
  I believe the legislation that I am introducing today will provide 
states with the necessary funding and framework to meet the challenges 
facing our coastal communities in the 21st Century.

[[Page S10438]]

  Mr. President, this is a solid, reasonable and realistic bill that 
enjoys bipartisan support on the Commerce Committee. I look forward to 
moving this bill at the earliest opportunity.
  Mr. President, I ask unanimous consent that the text of the bill and 
a section-by-section explanation of the bill be printed in the Record.

                                S. 1534

       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 Zone Management Act 
     of 1999''.

     SEC. 2. AMENDMENT OF COASTAL ZONE MANAGEMENT ACT.

       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 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
       (7) 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.''.

     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 ``waters,'' each place it appears in 
     paragraph (2)(C) and inserting ``waters and habitats,'';
       (3) by striking ``agencies and State and wildlife agencies; 
     and'' in paragraph (2)(J) and inserting ``and wildlife 
     management; and'';
       (4) by inserting ``other countries,'' after ``agencies,'' 
     in paragraph (5);
       (5) by striking ``and'' at the end of paragraph (5);
       (6) by striking ``zone.'' in paragraph (6) and inserting 
     ``zone;''; and
       (7) 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; 
     and
       ``(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.''.

     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) by striking paragraph (8) and inserting the following:
       ``(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
       (3) by adding at the end thereof the following:
       ``(19) The term `coastal nonpoint pollution control plan' 
     means a plan submitted by a coastal state to the Secretary 
     under section 306(d)(16).''.

     SEC. 6. REAUTHORIZATION OF MANAGEMENT PROGRAM DEVELOPMENT 
                   GRANTS.

       Section 305(a) (16 U.S.C. 1454(a)) is amended by striking 
     ``1997, 1998, and 1999,'' and inserting ``2000, 2001, 2002, 
     2003, and 2004,''.

     SEC. 7. REAUTHORIZATION OF ADMINISTRATIVE GRANTS.

       (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,''.
       (b) 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''.

     SEC. 8. COASTAL RESOURCE IMPROVEMENT PROGRAM.

       Section 306A (16 U.S.C. 1455a) is amended--
       (1) by adding at the end of subsection (a) the following:
       ``(3) 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; and
       ``(E) any reserve established under section 315.'';
       (2) by inserting ``or other important coastal habitats'' in 
     subsection (b)(1) after ``306(d)(9)'';
       (3) by inserting ``or historic'' in subsection (b)(2) after 
     ``urban'';
       (4) by adding at the end of subsection (b) the following:
       ``(5) The coordination and implementation of approved 
     coastal nonpoint pollution control plans.
       ``(6) The preservation, restoration, enhancement or 
     creation of coastal habitats.'';
       (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.''; 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.
       ``(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. 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--
       ``(A) shall be retained by the Secretary and deposited into 
     the Coastal Zone Management Fund established under subsection 
     (b); and
       ``(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.''.
       (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 carry out the 
     provisions of this Act.''.

     SEC. 10. 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 plan components, including the satisfaction 
     of conditions placed on such programs as part of the 
     Secretary's approval of the programs.

[[Page S10439]]

       ``(11) Significant emerging coastal issues as identified by 
     coastal states, in consultation with the Secretary and 
     qualified local entities.'';
       (5) by striking ``proposals, taking into account the 
     criteria established by the Secretary under subsection (d).'' 
     in subsection (c) and inserting ``proposals.'';
       (6) by striking subsection (d) and redesignating subsection 
     (e) as subsection (d); and
       (7) by striking subsection (f) and redesignating subsection 
     (g) as subsection (e).

     SEC. 11. 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;
       ``(3) to fund demonstration projects which have high 
     potential for improving coastal zone management at the local 
     level; and
       ``(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.
       ``(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 section 303(2)(A) through (K).
       ``(c) Source of Federal Grants; State Matching 
     Contributions.--If a coastal state chooses to fund a project 
     under this section, then--
       ``(1) it shall submit to the Secretary a combined 
     application for grants under this section and section 309;
       ``(2) 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; and
       ``(3) the Federal funding for the project shall be a 
     portion of that State's annual allocation under section 309.
       ``(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).
       ``(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. 12. TECHNICAL ASSISTANCE.

       Section 310(b) (16 U.S.C. 1456c(b)) is amended by adding at 
     the end thereof the following:
       ``(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.''.

     SEC. 13. PERFORMANCE REVIEW.

       Section 312(a) (16 U.S.C. 1458(a)) is amended by adding 
     ``coordinated with National Estuarine Research Reserves in 
     the State'' after ``303(2)(A) through (K)''.

     SEC. 14. WALTER B. JONES AWARDS.

       Section 314 (16 U.S.C. 1461) 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--'' in subsection (b) and inserting 
     ``may select annually if funds are available under subsection 
     (a)--''; and
       (4) by striking subsection (e).

     SEC. 15. 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, and scientific 
     understanding consisting of--''.
       (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''.
       (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'' before ``principles'' in 
     paragraph (2);
       (5) by striking ``research programs'' in paragraph (2) and 
     inserting ``research, education, and resource stewardship 
     programs'';
       (6) by striking ``research'' before ``methodologies'' in 
     paragraph (3);
       (7) by striking ``data,'' in paragraph (3) and inserting 
     ``information,'';
       (8) by striking ``research'' before ``results'' 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; and'';
       (4) by striking ``research.'' in paragraph (2) and 
     inserting ``research, education, and resource stewardship 
     activities.''; 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.'';
       (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.''.

[[Page S10440]]

       (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. 16. 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 insert ``zone;'' in the 
     provision designated as (10) in subsection (a);
       (3) by adding ``education,'' after the ``studies,'' in the 
     provision designated as (12) in subsection (a);
       (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 Management Act of 1999,''; 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. 17. 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 and 306A,--
       ``(A) $55,500,000 for fiscal year 2000;
       ``(B) $59,000,000 for fiscal year 2001;
       ``(C) $62,500,000 for fiscal year 2002;
       ``(D) $66,000,000 for fiscal year 2003; and
       ``(E) $69,500,000 for fiscal year 2004;
       ``(2) for grants under sections 309 and 309A,--
       ``(A) $20,000,000 for fiscal year 2000;
       ``(B) $21,000,000 for fiscal year 2001;
       ``(C) $22,000,000 for fiscal year 2002;
       ``(D) $23,000,000 for fiscal year 2003; and
       ``(E) $24,000,000 for fiscal year 2004;
       ``(3) for grants under section 315,--
       ``(A) $7,000,000 for fiscal year 2000;
       ``(B) $7,500,000 for fiscal year 2001;
       ``(C) $8,000,000 for fiscal year 2002;
       ``(D) $8,500,000 for fiscal year 2003; and
       ``(E) $9,000,000 for fiscal year 2004;
       ``(4) for grants to fund construction projects at estuarine 
     reserves designated under section 315, $12,000,000 for each 
     of fiscal years 2000, 2001, 2002, 2003, and 2004; and
       ``(5) for costs associated with administering this title, 
     $5,500,000 for fiscal year 2000 and such sums as are 
     necessary for fiscal years 2001-2004.'';
       (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) 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.''.
                                  ____


     Section-by-Section of the Coastal Zone Management Act of 1999

       Section 1. Section 1 provides the title of the Bill: 
     Coastal Zone Management Act of 1999.
       Section 2. Section 2 specifies that amendments and repeals 
     shall be applied to the Coastal Zone Management Act of 1972 
     (16 U.S.C. 1451 et seq.) (CZMA).
       Section 3. Section 3 amends the CZMA congressional findings 
     to update emerging issues and to reflect the need for Federal 
     and state support of local community-based comprehensive 
     planning and solutions to local problems.
       Section 4. Section 4 amends the congressional declarations 
     of policy to support the National Estuarine Research Reserve 
     System (NERRS) and to encourage the use of innovative 
     technologies in the coastal zone.
       Section 5. Section 5 amends the CZMA definitions to clarify 
     the terms ``estuarine reserve'' and ``coastal nonpoint 
     pollution control plan'' and to clarify that ``coastal 
     state'' no longer includes the trust territories of the 
     Pacific Island, i.e. the now independent nation of Palau.
       Section 6. Section 6 amends section 305(a) of the CZMA to 
     ensure that resources are available to the remaining states 
     without approved coastal management programs to complete such 
     program development.
       Section 7. Section 7 amends section 306 to reauthorize the 
     base administrative grant program and clarifies which 
     programs are eligible for grants under this section.
       Section 8. Section 8 amends section 306A, the coastal 
     resource improvement grants, by defining the term ``qualified 
     local entity.'' Section 8 broadens the objectives to which 
     that Secretary of Commerce (Secretary) may allocate funds and 
     provides states with the option of allocating funds for 
     restoration and preservation of coastal habitats as well as 
     the continued implementation of the states' coastal nonpoint 
     plans.
       Section 9. Section 9 amends section 308, the coastal zone 
     management fund, by moving CZMA program administration to 
     section 318, transfer load repayments to the Operations, 
     Research and Facilities account, and deletes the annual 
     reporting requirement.
       Section 10. Section 10 amends section 309, the coastal zone 
     enhancement grants, by adding two new objectives to which the 
     Secretary may allocate funds and provides states with the 
     option of allocating funds for restoration and preservation 
     of coastal habitats as well as the continued implementation 
     of the states' coastal nonpoint plans. Section 10 also amends 
     section 309(d) by removing outdated sections and amends 
     section 309(f) to remove the $10,000,000 cap on annual 
     section 309 allocations to conform with increasing 
     authorization levels.
       Section 11. The Coastal Community Program creates a new 
     grant option section 309A) for states that want to focus on 
     coastal community-based initiatives. This section 
     demonstrates the need for Federal and state support of 
     community-based planning, strategies, and solutions to local 
     sprawl and development issues in the coastal zone. This 
     section allows the Secretary to make grants to states through 
     the base program allocation formula and requires that the 
     states match the amount of the grant so that section 306, 
     306A and this section, in aggregate, equal a 1:1 match. It 
     will also revitalize previously developed areas, promote 
     conservation projects in environmentally sensitive areas, 
     emphasize water dependent uses, and protect coastal habitats.
       Section 12. Section 12 amends section 310, technical 
     assistance, to allow the Secretary to conduct a cooperative 
     program to apply innovative technologies to the coastal zone.
       Section 13. Section 13 amends section 312(a), performance 
     review, by adding coordination with the national estuarine 
     research reserves to the review of performance process.
       Section 14. Section 14 amends section 314 of the CZMA to 
     allow the Secretary the discretion to issue the Walter B. 
     Jones Awards if funds are available.
       Section 15. Section 15 amends section 315 of the CZMA to 
     clarify and strengthen the National Estuarine Research 
     Reserve System. A majority of the amendments are technical 
     changes to include training, education and stewardship 
     concepts. This section clarifies the NERRS description and 
     allows the Secretary to enter into contracts and agreements 
     with non-profit organizations to carry out projects that 
     support reserves and to accept donations of funds or services 
     for projects consistent with the purposes of section 315.
       Section 16. Section 16 amends section 316 of the CZMA to 
     clarify the requirements for the reports to Congress and to 
     provide to Congress a report on federal agency coordination 
     and cooperation in coastal management.
       Section 17. Section 17 amends section 318, authorization of 
     appropriations, to authorize CZMA funding, providing a 
     separate line items for 306 and 306A, 309 and 309A, 315, a 
     NERRS construction fund, and administrative costs.

 Mr. McCAIN. Mr. President, I rise today in support of the 
National Marine Sanctuaries Amendments Act of 1999. I want to thank 
Senator Snowe for sponsoring this legislation. This bill will help 
guide the use of the our marine environment into the next century. 
Again, I wish to thank Senator Snowe for her leadership in this area.
  The 12 existing national marine sanctuaries protect our marine 
resources while facilitating ``compatible'' public and private uses of 
the ocean. The National Marine Sanctuaries Program reflects a 
responsible balance between conservation and multiple uses, such as 
commercial fishing and recreational activities. In addition, the 
national sanctuaries provide for important research, outreach, and 
educational activities involving unique marine assets.
  To date, the sanctuary program has been unable to reach its full 
potential due to a lack of funding. This bill will make existing 
sanctuaries fully operational for the first time in the history of the 
program. The bill we are introducing today authorizes $30 million in FY 
2000 and incrementally increases the annual authorization by $2 million 
a year to $38 million in FY 2004. The bill will also allow for the 
completion of basic tasks which have been neglected in the past at 
sanctuaries, such as a review of each sanctuary management plan and 
habitat characterizations. The research and educational opportunities 
provided by this legislation are quite promising and will allow our 
children and future generations to learn to value our ocean resources.

[[Page S10441]]

  The bill also provides for the implementation of meaningful 
enforcement plans and allows sanctuaries to partner with states or 
other entities to enhance enforcement efforts. Furthermore, 
interference with an enforcement agent could result in a criminal 
penalty.
  Mr. President, this is a strong bill that enjoys bipartisan support 
on the Commerce Committee. With this legislation, Senator Snowe and I 
envision a reasonable balance between conservation and the compatible 
multiple uses of our ocean resources in marine sanctuaries. I look 
forward to moving this bill in the near future and request the support 
of my colleagues.
                                 ______