[Congressional Record Volume 153, Number 91 (Thursday, June 7, 2007)]
[Senate]
[Pages S7366-S7371]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Ms. SNOWE (for herself, Ms. Cantwell, and Mr. Levin):
  S. 1579. A bill to amend the Coastal Zone Management Act; to the 
Committee on Commerce, Science, and Transportation.
  Ms. SNOWE. Mr. President, I rise today to introduce the Coastal Zone 
Enhancement Reauthorization Act of 2007. I am pleased to have my 
colleague, Senator Cantwell, join me in cosponsoring this bill, which 
will enable our Nation to improve the management of our valuable, yet 
vulnerable, coastal resources.
  More than half of all Americans reside in coastal zones, and each 
year their number grows by more than 3,600. Yet, coastal regions 
comprise just 17 percent of the land area in the contiguous United 
States. People are drawn to our oceans and Great Lakes to experience 
the economic opportunities, natural beauty, and recreational bounty 
that these regions have to offer. Part of that value, both the tangible 
and intangible, comes from the habitat these ecosystems provide for a 
variety of plants and animals, ranging from rare microscopic organisms 
to commercially valuable fish stocks. As population pressures increase, 
we must work diligently to maintain a balance between human use of 
these delicate regions and their natural, ecological functions.
  When Congress passed the CZMA in 1972, it established a unique State-
Federal framework for facilitating sound coastal planning. The law 
gives States the opportunity to create a coastal zone management plan 
which, once approved, makes States eligible for matching Federal funds 
to carry out the goals of its plan. This system allows States to tailor 
plans to their individual needs, but permits the Federal Government to 
ensure that marine resources, which often overlap political boundaries, 
are managed responsibly nationwide. As a result of this program's 
success, more than 99.9 percent of the United States' 95,376 shoreline 
miles are managed under this system, including, 34 of the 35 coastal 
and Great Lakes states and territories. The 35th, Illinois, has 
submitted a plan for Federal approval.
  The CZMA has not been reauthorized in over a decade, and the program 
has been operating with authorization levels and mandates that expired 
in 1999. Much has changed in the interim, and persistent threats to 
coastal areas, such as increasing rates of nonpoint source water 
pollution and constriction of working waterfront areas, have out-paced 
states' abilities to maintain an appropriate balance between 
development and conservation. The Coastal Zone Enhancement 
Reauthorization Act of 2007 would encourage states to take additional 
voluntary steps to combat these problems through the Coastal Community 
Program.
  Each year, we also learn more about threats to our coasts from 
impacts of global climate change, yet the CZMA currently provides no 
foundation to manage these problems. Mounting evidence indicates that 
increasing concentrations of atmospheric carbon dioxide, approximately 
a third of which is absorbed in our oceans, is affecting marine 
chemistry and acidifying sea water. As global temperatures rise, we are 
also experiencing an increase in ocean temperatures which can affect 
the migratory patterns and range of marine species distribution. The 
problems of potential sea level rise have also been well-documented in 
academic journals and the mainstream media. The bill I introduce today 
contains a provision giving states the authority to adapt their coastal 
zone management plans to address these potential impacts and develop 
potential mitigation and adaptation measures.
  The Coastal Zone Enhancement Reauthorization of 2007 also 
significantly increases the authorization levels for the Coastal Zone 
Management Program, enabling States to better achieve their coastal 
management goals. The bill authorizes $170 million for fiscal year 2008 
and increases the authorization levels to $193.5 million for fiscal 
year 2012. This adjustment in funding

[[Page S7367]]

would enable the States' coastal programs to achieve their full 
potential.
  The Coastal Zone Management Program has a long record of helping 
states achieve their coastal area management goals by enhancing their 
ability to maintain clean, safe, and productive coastlines that 
ultimately serve the best interest of our Nation. This program enjoys 
widespread support among coastal States, as demonstrated by the near 
unanimous participation by eligible States, and the many Commerce 
Committee members who have worked with me to strengthen this program 
over the past several years.
  I am pleased to introduce this legislation that would provide our 
coastal states with the funding and management frameworks necessary to 
meet the ever-increasing conservation and development challenges facing 
our coastal communities, and I urge my colleagues to support it.
  Additionally, as Ranking Member of the Committee on Commerce, 
Science, and Transportation's subcommittee on Oceans, Atmosphere, 
Fisheries, and Coast Guard, I would like to commend my colleagues for 
their hard work that has resulted in today's introduction of six ocean-
related bills. As you are aware, we are in the midst of Capitol Hill 
Oceans Week, and I am pleased that we can commemorate that occasion by 
bringing these critical marine issues to the fore. I look forward to 
working with my fellow Committee members and the rest of the Senate as 
we improve management of our Nation's invaluable coastal and ocean 
resources for the benefit of all Americans.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 1579

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

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Coastal 
     Zone Enhancement Reauthorization Act of 2007''.
       (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. Effects of climate change on coastal zone management.
Sec. 21. Coordination with Federal Energy Regulatory Commission.

     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:

[[Page S7368]]

     ``SEC. 305. MANAGEMENT PROGRAM DEVELOPMENT GRANTS.

       ``(a) States Without Programs.--In fiscal years 2008 and 
     2009, 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--

[[Page S7369]]

       ``(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

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       ``(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 
     2007,''; 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 2008,
       ``(B) $94,000,000 for fiscal year 2009,
       ``(C) $98,000,000 for fiscal year 2010,
       ``(D) $102,000,000 for fiscal year 2011, and
       ``(E) $106,000,000 for fiscal year 2012;
       ``(2) for grants under section 309A--
       ``(A) $29,000,000 for fiscal year 2008,
       ``(B) $30,000,000 for fiscal year 2009,
       ``(C) $31,000,000 for fiscal year 2010,
       ``(D) $32,000,000 for fiscal year 2011, and
       ``(E) $32,000,000 for fiscal year 2012,
     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 2008,
       ``(B) $38,000,000 for fiscal year 2009,
       ``(C) $39,000,000 for fiscal year 2010,
       ``(D) $40,000,000 for fiscal year 2011, and
       ``(E) $41,000,000 for fiscal year 2012,
     of which up to $15,000,000 may be used by the Secretary in 
     each of fiscal years 2008 through 2012 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 2008, $7,750,000 for fiscal year 
     2009, $8,000,000 for fiscal year 2010, $8,250,000, for fiscal 
     year 2011, and $8,500,000 for fiscal year 2012; 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 2008 and 
     20010.'';
       (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 not be available for administrative 
     or overhead costs of the National Oceanic and Atmospheric 
     Administration or the Department of Commerce. Amounts 
     appropriated under subsection (a)(1) or (2) shall be 
     available only for grants to States.''.

     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 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 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, 2008;
       (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. EFFECTS OF CLIMATE CHANGE ON COASTAL ZONE 
                   MANAGEMENT.

       The Act (16 U.S.C. 1451 et seq.) is amended by adding at 
     the end the following:

     ``SEC. 320. EFFECTS OF CLIMATE CHANGE ON COASTAL ZONE 
                   MANAGEMENT.

       ``In preparing and carrying out its management program, a 
     coastal state may--
       ``(1) conduct assessments, mapping, modeling, and 
     forecasting to understand the physical, environmental, and 
     socio-economic impacts of sea level rise, changes in 
     freshwater quality and quantity, ocean acidification, ocean 
     warming, or other effects of global climate change on the 
     coastal zone;
       ``(2) develop prevention, adaptation or response strategies 
     to reduce vulnerability of coastal communities and resources 
     to such impacts, changes, and effects; and
       ``(3) establish mechanisms to increase local awareness of 
     such impacts, changes, and effects.''.

     SEC. 21. 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.

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