[House Report 106-485]
[From the U.S. Government Publishing Office]



106th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    106-485

======================================================================



 
               COASTAL COMMUNITY CONSERVATION ACT OF 1999

                                _______
                                

 November 18, 1999.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

  Mr. Young of Alaska, from the Committee on Resources, submitted the 
                               following

                              R E P O R T

                             together with

                            DISSENTING VIEWS

                        [To accompany H.R. 2669]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Resources, to whom was referred the bill 
(H.R. 2669) to reauthorize the Coastal Zone Management Act of 
1972, and for other purposes, having considered the same, 
report favorably thereon with an amendment and recommend that 
the bill as amended do pass.
    The amendment is as follows:
    Strike out all after the enacting clause and insert in lieu 
thereof the following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Coastal Community Conservation Act of 
1999''.

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.).

 TITLE I--REAUTHORIZATION AND AMENDMENT OF COASTAL ZONE MANAGEMENT ACT 
                           OF 1972, GENERALLY

SEC. 101. PROGRAM DEVELOPMENT GRANTS.

  Section 305(a) (16 U.S.C. 1454(a)) is amended--
          (1) by striking ``1997, 1998, and 1999'' and inserting 
        ``2000, 2001, 2002, and 2003''; and
          (2) by adding at the end the following: ``No grant may be 
        made under this section after September 30, 2003.''.

SEC. 102. COASTAL COMMUNITY CONSERVATION GRANTS.

  (a) In General.--Section 306A (16 U.S.C. 1455a) is amended by 
striking so much as precedes subsection (b) and inserting the 
following:
                ``coastal community conservation grants
  ``Sec. 306A. (a)(1) The Secretary may make grants to any coastal 
State for the purpose of assisting local communities to carry out 
eligible coastal community conservation projects.
  ``(2) Grants under this section shall be allocated to coastal States 
in the same manner in which grants under section 306 are allocated 
under subsection (c) of that section.
  ``(3) A project shall be an eligible coastal community conservation 
project under this section if it--
          ``(A) is submitted to the Secretary by the State agency 
        designated by the Governor pursuant to section 306(d)(6);
          ``(B) would be carried out in the coastal zone;
          ``(C) would achieve at least one of the coastal zone 
        management objectives specified in section 303(2);
          ``(D) would achieve at least one of the objectives listed in 
        subsection (b); and
          ``(E) is designed and carried out in conjunction with a 
        qualified local entity.''.
  (b) Objectives.--Section 306A(b) (16 U.S.C. 1455a(b)) is amended--
          (1) by striking the matter preceding paragraph (1) and 
        inserting the following:
  ``(b) The objectives referred to in subsection (a)(3)(D) are the 
following:'';
          (2) in paragraph (2) by inserting ``or historic'' after 
        ``urban''; and
          (3) by striking paragraph (4) and inserting the following:
          ``(4) The preservation, restoration, enhancement, or creation 
        of coastal habitats.
          ``(5) The preparation of plans that promote coastal community 
        revitalization and the goal stated in section 303(1).
          ``(6) The provision of access to public beaches, other 
        coastal areas, and coastal waters for individuals with 
        disabilities.
          ``(7) The inventorying of existing points of public access to 
        public beaches, other coastal areas, and coastal waters, and 
        the posting, publication, and dissemination of informational 
        material identifying and displaying those points.''.
  (c) Use.--Section 306A(c)(2) (16 U.S.C. 1455a(c)(2)) is amended by 
striking ``and'' after the semicolon at the end of subparagraph (D), 
striking the period at the end of subparagraph (E) and inserting a 
semicolon, and adding at the end the following:
          ``(F) purchase and distribution of cultch material; and
          ``(G) work, resources, or technical support necessary to 
        restore, enhance, or create coastal habitat or to prepare plans 
        that promote coastal community revitalization and the goal 
        stated in section 303(1).''.
  (d) Miscellaneous Provisions.--Section 306A (16 U.S.C. 1455a) is 
amended by striking subsections (d), (e), and (f) and inserting the 
following:
  ``(d)(1) As a condition of providing a grant under this section to a 
coastal State, the Secretary shall require the coastal State to provide 
matching funds according to the ratio of Federal-to-State contributions 
that applies under section 306(a).
  ``(2) If the Secretary finds that a State or qualified local entity 
is not undertaking the actions it committed to under the terms of a 
grant under this section, the Secretary shall suspend the State or 
qualified local entity's eligibility for further funding under this 
section for at least 1 year.
  ``(e)(1) With the approval of the Secretary, a coastal State may 
allocate to any qualified local entity amounts received by the State as 
a grant under this section.
  ``(2) 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.
  ``(f) The Secretary shall assist eligible coastal States and 
qualified local entities in those States in identifying and obtaining 
from other Federal agencies technical and financial assistance in 
achieving the objectives set forth in subsection (b).
  ``(g) For purposes of this section:
          ``(1) 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) The term `eligible coastal State' means a coastal State 
        that for any fiscal year for which a grant is applied for under 
        this section--
                  ``(A) has a management program approved under section 
                306; and
                  ``(B) is considered by the Secretary to be making 
                satisfactory progress in activities designed to result 
                in significant improvement in achieving the coastal 
                management objectives specified in section 302(2).
          ``(3) The term `urban or historic waterfront and port' means 
        any developed area that is densely populated or historically 
        significant and is being used for, or has been used for, urban 
        residential, recreational, commercial, shipping, or industrial 
        purposes.''.
  (e) Conforming Amendment.--Section 303(2) (16 U.S.C. 1452(2)) is 
amended in the matter preceding subparagraph (A) by striking ``the 
states'' in the first line and inserting ``State and local entities''.

SEC. 103. COASTAL ZONE MANAGEMENT FUND.

  (a) In General.--Section 308 (16 U.S.C. 1456a) is amended--
          (1) in subsection (a) by striking paragraph (2) and inserting 
        the following:
  ``(2) Loan repayments made pursuant to 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 appropriation Acts, 
        shall be available to the Secretary for purposes of this title 
        and transferred to the Operations, Research and Facilities 
        account to offset the costs of implementing this title.''; and
          (2) in subsection (b)--
                  (A) by striking paragraphs (2) and (3); and
                  (B) by striking ``(b)(1)'' and inserting ``(b)''.
  (b) Conforming Amendment.--Section 2(b)(2) of the Coastal Zone 
Protection Act of 1996 (Public Law 104-150; 110 Stat. 1380) is 
repealed.

SEC. 104. AMENDMENTS RELATING TO COASTAL ZONE ENHANCEMENT GRANTS.

  Section 309 (16 U.S.C. 1456b) is amended--
          (1) in subsection (a) by adding at the end the following:
          ``(10) The development of a coordinated process among State 
        agencies to regulate and issue permits for aquaculture 
        facilities in the coastal zone.
          ``(11) Addressing any issue that is identified by a coastal 
        State, in consultation with the Secretary and relevant 
        qualified local entities (as that term is defined in section 
        306A), to be a significant emerging coastal issue.''; and
          (2) by striking subsections (c) through (g) and inserting the 
        following:
  ``(c) As a condition of providing a grant under this section to a 
coastal State, the Secretary shall require the State to provide 
matching funds according to a 1-to-1 ratio of Federal-to-State 
contributions.
  ``(d) Grants under this section shall be allocated to coastal States 
in the same manner in which grants under section 306 are allocated 
under subsection (c) of that section.
  ``(e) If the Secretary finds that a coastal State is not taking 
actions committed to by the State under the terms of a grant to the 
State under this section, the Secretary shall suspend the eligibility 
of the State for further funding under this section for at least one 
year.''.

SEC. 105. AMENDMENTS RELATING TO WALTER B. JONES AWARDS FOR EXCELLENCE 
                    IN COASTAL ZONE MANAGEMENT.

  Section 314 (16 U.S.C. 1460) is amended--
          (1) by amending subsection (a) to read as follows:
  ``(a)(1) The Secretary may implement a program to promote excellence 
in coastal zone management by identifying and making awards 
acknowledging outstanding accomplishments in the field of coastal zone 
management. An award under this section shall be known as a `Walter B. 
Jones Award'.
  ``(2) Awards under this section may include, subject to the 
availability of appropriations--
          ``(A) cash awards of not more than $5,000 each;
          ``(B) research grants; and
          ``(C) public ceremonies to acknowledge accomplishments in the 
        field of coastal zone management.'';
          (2) in subsection (b) in the matter preceding paragraph (1), 
        by striking ``shall elect annually'' and inserting ``may select 
        annually for an award under this section''; and
          (3) by repealing subsection (e).

SEC. 106. REPORTS.

  Section 316 (16 U.S.C. 1462) is amended--
          (1) by striking ``to the President for transmittal''; and
          (2) by striking clause (10) and redesignating clauses (11), 
        (12), and (13) in order as clauses (10), (11), and (12).

SEC. 107. AUTHORIZATION OF APPROPRIATIONS.

  (a) In General.--Section 318(a) (16 U.S.C. 1464(a)) is amended by 
striking ``Sec. 318'' and all that follows through subsection (a) and 
inserting the following:
  ``Sec. 318. (a) There are authorized to be appropriated to the 
Secretary, to remain available until expended--
          ``(1) for grants under section 305--
                  ``(A) $400,000 for fiscal year 2000; and
                  ``(B) $200,000 for each of fiscal years 2001, 2002, 
                and 2003;
          ``(2) for grants under sections 306 and 309--
                  ``(A) $55,000,000 for fiscal year 2000;
                  ``(B) $56,000,000 for fiscal year 2001;
                  ``(C) $57,000,000 for fiscal year 2002;
                  ``(D) $58,000,000 for fiscal year 2003; and
                  ``(E) $59,000,000 for fiscal year 2004;
          ``(3) for grants under section 306A--
                  ``(A) $30,000,000 for fiscal year 2000;
                  ``(B) $32,500,000 for fiscal year 2001;
                  ``(C) $35,000,000 for fiscal year 2002;
                  ``(D) $40,000,000 for fiscal year 2003; and
                  ``(E) $45,000,000 for fiscal year 2004; and
          ``(4) for expenses incidental to the administration of this 
        title and for awards under section 314, $6,500,000 for each of 
        fiscal years 2000, 2001, 2002, 2003, and 2004.''.
  (b) Reversion of Grants; Purchases From Government.--Section 318 (16 
U.S.C. 1464) is amended by striking subsection (c) and inserting the 
following:
  ``(c) The amount of any grant, or portion of a grant, made to a State 
under any section of this title that is not obligated by the State 
within 3 years after the date it is first authorized to be obligated by 
the State shall revert to the Secretary. The Secretary shall add such 
reverted amount to the funds available for grants to States under this 
title.
  ``(d) Federal funds allocated under this title may be used by 
grantees to purchase Federal products and services not otherwise 
available.
  ``(e) Of the amounts appropriated under subsection (a)(2), no less 
than 10 percent and no more than 15 percent may be used to carry out 
section 309.''.
  (c) Grants for Facilitating Access.--Section 318 (16 U.S.C. 1464) is 
further amended by adding at the end the following:
  ``(f) In addition to amounts otherwise authorized by this title, 
there are authorized to be appropriated to the Secretary $1,000,000 for 
each of fiscal years 2000, 2001, 2002, and 2003 for grants under 
section 306A for eligible coastal community conservation projects that 
would achieve either (or both) of the objectives set forth in 
paragraphs (6) and (7) of section 306A(b).''.
  (d) Restriction on Use of Amounts for Program, Administrative, or 
Overhead Costs.--Section 318 (16 U.S.C. 1464) is further amended by 
adding at the end the following:
  ``(g) Except for funds appropriated under paragraph (4) of subsection 
(a), 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.''.
  (e) Barnegat Bay Task Force.--Section 318 (16 U.S.C. 1464) is further 
amended by adding at the end the following:
  ``(h) In addition to the amounts otherwise authorized by this title, 
there are authorized to be appropriated to the Secretary $500,000 for 
each of fiscal years 2000, 2001, 2002, 2003, and 2004 to provide 
financial assistance to the Barnegat Bay Personal Watercraft Task 
Force.''.

SEC. 108. TECHNICAL CORRECTIONS.

  The Coastal Zone Management Act of 1972 is amended--
          (1) in section 302(f) (16 U.S.C. 1451(f)) by striking the 
        semicolon at the end and inserting a period;
          (2) in section 303(2) (16 U.S.C. 1452(2))--
                  (A) in subparagraph (B) by striking the period at the 
                end and inserting a comma; and
                  (B) in subparagraph (J) by striking ``agencies and 
                State and wildlife'' and inserting ``and wildlife 
                management'';
          (3) in section 304(5) (16 U.S.C. 1453(5)) by striking the 
        semicolon and inserting a colon;
          (4) in section 306(d)(10)(A) (16 U.S.C. 1455(d)(10)(A)) by 
        inserting a comma after ``development'';
          (5) by striking ``coastal state'' each place it appears and 
        inserting ``coastal State'';
          (6) by striking ``coastal states'' each place it appears and 
        inserting ``coastal States'';
          (7) by striking ``coastal state's'' each place it appears and 
        inserting ``coastal State's'';
          (8) by striking the term ``state'' each place it appears in 
        reference to a State of the United States (other than in the 
        term ``coastal state'') and inserting ``State'';
          (9) by striking the term ``states'' each place it appears in 
        reference to States of the United States (other than in the 
        term ``coastal states'') and inserting ``States''; and
          (10) by striking the term ``state's'' each place it appears 
        in reference to a State of the United States (other than in the 
        term ``coastal state's'') and inserting ``State's''.

SEC. 109. COASTAL ZONE MANAGEMENT OUTCOME INDICATORS.

  (a) Report.--Not later than 24 months after the first date amounts 
are available to carry out this section, the Secretary of Commerce 
shall submit a report to the Committee on Resources of the House of 
Representatives that contains recommendations for a common set of 
measurable outcome indicators that would provide a mechanism to 
evaluate the effectiveness of State coastal zone management programs in 
the achievement of the coastal management objectives specified in 
section 303(2)(A) through (J) of the Coastal Zone Management Act of 
1972 (16 U.S.C. 1452(2)(A)-(J)). In preparing the report the Secretary 
shall consult with and provide a copy of the draft report to the 
Governors of coastal States or the heads of State agencies designated 
by such Governors pursuant to section 306(d)(6) of that Act (16 U.S.C. 
1455(d)(6)). The Secretary shall include in the final report any State 
comments on the draft report.
  (b) Draft Legislation.--Not later than 48 months after the first date 
amounts are available to carry out this section, the Secretary of 
Commerce shall submit to the Committee on Resources of the House of 
Representatives draft legislation that would authorize a national 
coastal zone management outcome monitoring and performance evaluation 
system.
  (c) Authorization of Appropriations.--To carry out this section there 
are authorized to be appropriated to the Secretary of Commerce 
$1,000,000 for each of fiscal years 2000 and 2001.

SEC. 110. PERSONAL WATERCRAFT STUDY.

  (a) Grants To Study Personal Watercraft Impacts on Coastal Habitat.--
Subject to the availability of appropriations, the Secretary shall 
award grants to support peer-reviewed research to study the impacts of 
personal watercraft and other motorized recreational vessels on coastal 
and marine habitats within the boundaries of the coastal zone of any 
State (as identified in the management program of the State pursuant to 
section 306(d)(2)(A) of the Coastal Zone Management Act of 1972 (16 
U.S.C. 1455(d)(2)(A)). The Secretary shall consider geographic and 
habitat diversity when selecting research projects. The Secretary shall 
require thateach study funded under this section consider the impacts 
of personal watercraft and other motorized recreational vessels, 
including noise and uncombusted fuel, on the following:
          (1) Wildlife, including feeding, wading, nesting, or roosting 
        birds, marine mammals, reptiles, amphibians, fish, and aquatic 
        invertebrates.
          (2) Aquatic vegetation.
          (3) Suspended sediments.
          (4) Shoreline erosion.
  (b) Report.--Not later than 48 months after the date of enactment of 
this Act, the Secretary shall submit a final report to the Committee on 
Resources of the House of Representatives that contains--
          (1) summaries of the research funded under this subsection; 
        and
          (2) summaries of public comments received subsequent to 
        publication of a draft report in the Federal Register.
  (c) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary $2,000,000 for each of fiscal years 2000, 
2001, and 2002 for grants under this section. The Secretary may use up 
to 10 percent of the funds appropriated to administer this section.
  (d) Definitions.--In this section:
          (1) Other motorized recreational vessel.--The term ``other 
        motorized recreational vessel'' means a motor vessel that is a 
        recreational vessels (as those terms are defined in section 
        2101 of title 46, United States Code), and that--
                  (A) uses an inboard motor powering a water jet pump 
                or caged propeller as its primary source of power; and
                  (B) is designed to be operated by a person sitting 
                within the vessel.
          (2) Personal watercraft.--The term ``personal watercraft'' 
        means a motor vessel that--
                  (A) uses an inboard motor powering a water jet pump 
                or a caged propeller as its primary source of motive 
                power; and
                  (B) is designed to be operated by a person standing 
                on, kneeling on, or sitting astride the vessel.
          (3) Secretary.--The term ``Secretary'' means the Secretary of 
        Commerce.

SEC. 111. PROTECTION OF PRIVATE PROPERTY.

  The Coastal Zone Management Act of 1972 is amended by adding at the 
end the following:

``SEC. 320. PROTECTION OF PRIVATE PROPERTY.

  ``The Secretary--
          ``(1) shall not require a State, as a condition of any grant 
        of funds under this title or the approval of a State plan under 
        section 306, to take any action that would constitute a use of 
        non-Federal property for a public purpose without payment of 
        just compensation; and
          ``(2) shall not under this title take private property for 
        public use without payment of just compensation.''.

      TITLE II--AMENDMENTS RELATING TO NATIONAL ESTUARINE RESERVES

SEC. 201. POLICIES AND PURPOSES.

  (a) Declaration of Policy.--Section 303 (16 U.S.C. 1452) is amended 
by striking ``and'' after the semicolon in paragraph (5), by striking 
the period at the end of paragraph (6) and inserting a semicolon, and 
by adding at the end the following:
          ``(7) to use Federal, State, and community partnerships 
        developed through the system established by section 315 to 
        improve the understanding, stewardship, and management of 
        coastal areas; and
          ``(8) to encourage the development, application, and transfer 
        to local, State, and Federal resources managers of innovative 
        coastal and estuarine resources management technologies and 
        techniques that promote the long-term conservation of coastal 
        and estuarine resources.''.
  (b) Purpose.--
          (1) In general.--Section 315(a) of such Act (16 U.S.C. 
        1461(a)) is amended by adding at the end the following: ``The 
        purpose of each national estuarine reserve and of the System is 
        to improve the understanding, stewardship, and management of 
        coastal areas.''.
          (2) Definition.--Section 304(8) of such Act (16 U.S.C. 
        1453(8)) is amended to read as follows:
  ``(8) The term `national estuarine reserve' means an area that is a 
national estuarine reserve under section 315.''.

SEC. 202. AREAS THAT MAY BE DESIGNATED.

  Section 315(b) of such Act (16 U.S.C. 1461(b)) is amended by adding 
at the end the following:
``An area designated under this section may include any part or all of 
an estuary and any island, transitional area, and upland in, adjoining, 
or adjacent to such estuary, that constitutes, to the extent feasible, 
a natural unit.''.

SEC. 203. DONATIONS.

  Section 315(e) of such Act (16 U.S.C. 1461(e)) is amended by adding 
at the end the following:
  ``(4)(A) The Secretary may--
          ``(i) enter into cooperative agreements or contracts, with, 
        or make grants to, any nonprofit organization established to 
        benefit a national estuarine reserve, authorizing the 
        organization to solicit donations to carry out projects, other 
        than general administration of the reserve or the System, that 
        are consistent with the purpose of the reserve and the System; 
        and
          ``(ii) accept donations of funds and services for use in 
        carrying out projects, other than general administration of a 
        national estuarine reserve or the System, that are consistent 
        with the purpose of the reserve and the System.
  ``(B) Donations accepted under this paragraph shall be considered as 
a gift or bequest to or for the use of the United States for carrying 
out this section.''.

SEC. 204. EVALUATIONS.

  Section 315(f)(1) of such Act (16 U.S.C. 1461(f)(1)) is amended by 
inserting ``coordination with State programs established under section 
306,'' after ``including''.

SEC. 205. AUTHORIZATION OF APPROPRIATIONS.

  Section 318(a) of such Act (16 U.S.C. 1464(a)) is further amended by 
striking ``and'' after the semicolon at the end of paragraph (3), by 
striking the period at the end of paragraph (4) and inserting a 
semicolon, and by adding at the end the following:
          ``(5) for grants under section 315--
                  ``(A) $7,000,000 for fiscal year 2000;
                  ``(B) $8,000,000 for fiscal year 2001;
                  ``(C) $9,000,000 for fiscal year 2002;
                  ``(D) $10,000,000 for fiscal year 2003; and
                  ``(E) $11,000,000 for fiscal year 2004; and
          ``(6) for grants for construction projects at national 
        estuarine reserves designated under section 315, $12,000,000 
        for each of fiscal years 2000, 2001, 2002, 2003, and 2004.''.

                          Purpose of the Bill

    The purpose of H.R. 2669 is to reauthorize the Coastal Zone 
Management Act of 1972, and for other purposes.

                  Background and Need for Legislation

    Congress enacted the Coastal Zone Management Act (CZMA) in 
1972 to establish a federal- state partnership for managing the 
coastal areas of U.S. states and territories. Under the CZMA, 
the Secretary of Commerce provides grants to coastal states to 
develop and implement federally-approved coastal zone 
management programs. The term ``coastal state'' is defined as a 
``state of the United States in, or bordering on, the Atlantic, 
Pacific, or Arctic Ocean, the Gulf of Mexico, Long Island 
Sound, or one or more of the Great Lakes'', including Puerto 
Rico, the Virgin Islands, Guam, the Commonwealth of the 
Northern Mariana Islands, the Trust Territories of the Pacific 
Islands and American Samoa. Only these coastal states and 
territories are eligible for assistance under the CZMA. The 
CZMA gives coastal states with approved coastal zone management 
programs the right to review certain federal actions to ensure 
that these actions are consistent with state coastal zone 
management programs. To date, 33 of the 35 eligible coastal 
states have federally-approved programs, and two more are 
completing their proposed programs. The CZMA is administered by 
the National Oceanic and Atmospheric Administration (NOAA) of 
the Department of Commerce. The authorization of appropriations 
for the CZMA expired on September 30, 1999.
    The CZMA requires that state management programs include 
the following: (1) the boundaries of the coastal zone affected 
by the program; (2) an inventory and designation of areas of 
particular concern in the coastal zone; (3) a definition of 
permitted land and water uses that directly impact coastal 
waters; (4) an identification of how those uses will be 
controlled; (5) an outline of broad guidelines to determine 
priority of uses in coastal areas; (6) a description of the 
administrative structure that will operate the approved 
management program; (7) a definition of ``beach'' and a 
planning process for dealing with access to public coastal 
areas; (8) a planning process for energy facilities likely to 
be located in or significantly affect the coastal zone; and (9) 
a planning process for studying both the effects and 
alternatives for controlling coastal erosion.
    Several sections of the CZMA authorize grant programs, 
including Sections 306, 306A and 309. Section 306 grants are 
known as administrative grants. Section 306 grants are used by 
the states to fund the administrative activities of their 
coastal zone management programs, including hiring personnel. 
Coastal states are required to provide a one-to-one match for 
306 funds. States making satisfactory progress implementing 
their plans are also eligible for Section 306A resource 
management improvement grants. H.R. 2669 expands the 306A 
grants and renames the resource management improvement grants 
coastal community conservation grants. These grants assist 
states with on-the-ground projects within the coastal zone, 
including preserving or restoring coastal habitat, redeveloping 
urban waterfronts and ports, and providing access to public 
beaches and coastal waters. Section 306A grants must be matched 
by the state on a one-to-one basis. Under the new Section 306A 
coastal community conservation grants, states must find a 
qualified local sponsor for projects. This increased emphasis 
on community involvement is designed to increase local 
participation in and support for the coastal zone management 
program. Local sponsorship of 306A projects may be expressed in 
several forms to meet the goals and objectives of the CZMA, 
depending on what is appropriate for the particular project 
being considered. Local sponsorship may take the form of 
financial or in-kind contributions, or may be expressed as a 
resolution of support for a particular project from a local 
government with jurisdiction over the coastal area that is 
being considered for the project.
    Finally, participating coastal states may compete for 
coastal zone enhancement grants under Section 309. These grants 
can be used to strengthen the state programs in emerging areas 
of concern, such as wetland protection and restoration, 
increased public access to coastal areas, control of 
development impacts and protection from coastal hazards. Under 
current law, no matching funds are required for these grants. 
H.R. 2669 would retain the Section 309 grant program, but 
requires the states to provide a one-to-one match, consistent 
with the other grant programs under the CZMA.
    State grants under Sections 306, 306A and 309 were funded 
at a total $54.7 million in Fiscal Year 1999. Of that amount, 
$10 million was used for Section 309 grants. Each coastal state 
with an approved plan received federal coastal zone management 
grants totaling between $635,000 and $2.795 million in Fiscal 
Year 1999. The total amount of grants that each state is 
eligible for is determined by the state's coastal population 
and shoreline mileage, except that since 1993, Congress (in 
annual appropriations laws) has placed a cap on the maximum 
amount that may be given to any one state. H.R. 2669 
reauthorizes the 306, 306A and 309 grant programs for five 
years.
    Accountability and the lack of demonstrated progress within 
the federal and state coastal zone management programs is a 
concern of the Committee. In December 1997, the Department of 
Commerce Inspector General concluded that ``only anecdotal 
evidence'' can be cited ``to demonstrate the accomplishments of 
the CZM program'' and that ``states have been unable to measure 
or evaluate `on the ground' outcomes of the CZM program because 
the data necessary to make these decisions has not been 
collected.'' The Inspector General recommended that NOAA 
``develop a strategy to measure the effectiveness of the CZM 
program.''
    In response, NOAA commissioned a study to investigate the 
effectiveness of the coastal zone management program. The 
researchers concluded that state coastal zone management 
programs were effective in implementing a limited number of 
CZMA objectives they reviewed. However, they reached this 
conclusion based primarily on assessments of policies, 
processes and tools rather than actual outcome data. The 
researchers state ``there are insufficient data for systematic, 
out-come based performance evaluation of state CZM programs, 
largely because of the lack of a common set of outcome 
indicators that would link state management activities and 
decisions to national CZMA objectives.'' The lead author of the 
study testified at a February 25, 1999, hearing recommending 
the development of such indicators and that Congress ``initiate 
a national outcome monitoring and performance system'' for the 
CZMA program. H.R. 2669 requires NOAA to submit a report to 
Congress that includes recommendations for a set of measurable 
performance and outcome indicators for state coastal zone 
management programs, and to submit draft legislation that would 
establish a coastal zone management outcome monitoring and 
performance evaluation system. The Committeeexpects that these 
outcome indicators will be quantitative, to the extent practicable, and 
allow the Secretary of Commerce to document the public benefits of the 
CZMA.
    The CZMA also authorizes the National Estuarine Reserve 
System (NERS). The System is a partnership between coastal 
states and NOAA. NOAA establishes standards for designating and 
operating reserves, supports the operation of each reserve, 
undertakes projects that benefit the entire Reserve System and 
integrates information from individual reserves to support 
decision-making at the national level. The states are charged 
with the day-to-day management of the reserves. Under the CZMA, 
the Secretary of Commerce can make grants, not to exceed 50 
percent of the cost of the project, which enable coastal states 
to acquire, develop, and operate estuarine reserves. 
Designation of an estuarine reserve requires state agreement 
for the long-term management of the site for research useful to 
coastal zone managers. Since the NERS program began in 1972, it 
has grown from a single 4,400-acre site in Oregon to a 25-site 
system managing over one million acres in 19 states and Puerto 
Rico. Table 1 lists the active and proposed NERS sites. More 
than half the System is made up of two reserves: Apalachicola 
in Florida and Kachemak Bay in Alaska. Most of the land in the 
system is not owned by the reserve management agencies or NOAA. 
Instead, the majority of the land included in the reserves is 
held for conservation purposes by other state or federal 
agencies. H.R. 2669 would reauthorize appropriations for the 
NERS program for five years and provide increasing funds for 
operations and facilities.

                            Committee Action

    H.R. 2669 was introduced on August 2, 1999, by Congressman 
Jim Saxton (R-NJ). The bill was referred to the Committee on 
Resources, and within the Committee to the Subcommittee on 
Fisheries Conservation, Wildlife and Oceans. On February 25, 
1999, the Subcommittee held a hearing on the reauthorization of 
the CZMA, where the witnesses testified in favor of 
reauthorization of the program and inclusion of nonpoint source 
pollution provisions within the CZMA.
    On August 5, 1999, the Subcommittee met to mark up the 
bill. Subcommittee Chairman Jim Saxton offered an en bloc 
amendment to make technical corrections and expand the scope of 
the personal watercraft study to include other types of 
vessels. Congressman Wayne Gilchrest (R-MD) offered an 
amendment to the en bloc amendment that requires the Secretary 
to reserve a portion of the CZMA Section 306A grants for 
nonpoint source pollution plan implementation. The Gilchrest 
amendment was adopted by voice. The Saxton en bloc amendment, 
as amended, was then passed by voice vote. Congressman Frank 
Pallone (D-NJ) offered an amendment to allow the Secretary to 
retain a portion of deobligated grant funds for administrative 
expenses. The amendment was withdrawn. Congressmen Saxton 
offered an amendment to require states to enact enforceable 
policies regarding the operation of personal watercraft in 
coastal areas. The amendment was withdrawn. Finally, 
Congressman Richard Pombo (R-CA) offered an amendment to 
prohibit any restrictions on commercial or private use of 
private property, or any taking of private land, under the 
CZMA. The amendment failed on a rollcall vote of 8 to 4, as 
follows:


    The bill, as amended, was then ordered favorably reported 
to the Full Committee by voice vote.
    On October 6, 1999, the Full Committee on Resources met to 
consider the bill. Congressman James V. Hansen (R-UT) offered 
an amendment to strike the nonpoint source pollution provisions 
added to the bill in Subcommittee that would have allowed the 
Transportation and Infrastructure Committee to request a 
sequential referral of the bill. The amendment was adopted by a 
rollcall vote of 26 to 15, with one member voting present, as 
follows:


    Congressman Pombo offered an amendment that prohibited the 
Secretary of Commerce from: (1) requiring a state, as a 
condition of a grant under the CZMA or the approval of a state 
coastal zone management program, to take actions that would 
constitute a use of non-federal property for a public purpose 
without just compensation; and (2) taking private property for 
public use under the CZMA without payment of just compensation. 
The amendment was adopted by a rollcall vote of 24 to 23, as 
follows:


    The bill, as amended, was then ordered favorably reported 
to the House of Representatives by voice vote.

                      Section-by-Section Analysis


Section 1. Short title

    The short title of H.R. 2669 is the Coastal Community 
Conservation Act of 1999.

Section 2. Amendment of Coastal Zone Management Act of 1972

    Except as otherwise provided, all references to an 
amendment or repeal in H.R. 2669 refer to the Coastal Zone 
Management Act of 1972 (16 U.S.C. 1451 et seq.).

 TITLE I--REAUTHORIZATION AND AMENDMENT OF THE COASTAL ZONE MANAGEMENT 
                         ACT OF 1972, GENERALLY


Section 101. Program development grants

    Program development grants under Section 305 of the CZMA 
assist states to develop coastal zone management programs. The 
authority for Section 305 grants expired on October 1, 1999. 
Section 101 amends Section 305 to extend program development 
grants through Fiscal Year 2003 to allow the last two remaining 
eligible states, Indiana and Illinois, to develop their 
programs. After 2003, federal funds will not be available for 
program development.

Section 102. Coastal community conservation grants

    Section 102 replaces an existing grant program, the 
resource management improvement grant program (CZMA Section 
306A grants), with a new coastal community conservation grant 
program. The new grant program promotes greater community 
involvement in coastal management by requiring local community 
sponsors for projects funded under the grants. Under this 
program, the Secretary of Commerce is authorized to make grants 
to coastal states for the purpose of assisting local 
communities carry out eligible conservation projects. Funds 
appropriated under this section must be allocated to the states 
according to the same formula used to allocate administrative 
grants under Section 306 of the CZMA. States are required to 
provide one-to-one matching for all federal dollars allocated 
under this section. The Secretary can suspend a state's 
eligibility for up to one year if that state does not fulfill 
the obligations of a grant made under this section.
    To be an eligible coastal community project, the project 
must be submitted by the state coastal zone management program, 
be carried out in the coastal zone, achieve at least one of the 
existing objectives established in Section 303(2) of the CZMA 
(the Congressional declaration of policy), achieve at least one 
of the objectives of the grant program established in Section 
306A(b), and be designed and carried out with a qualified local 
entity. ``Qualified local entity'' is a defined term, and means 
any local government, area wide planning agency described in 
the Demonstration Cities andMetropolitan Development Act of 
1966, regional agency, interstate agency or National Estuarine Reserve.
    Section 102 requires that coastal community conservation 
projects funded under this grant program meet one or more 
objectives specified in Section 306A(b). The new grant program 
incorporates the objectives of the old Section 306A resource 
management improvement grant program. In addition, several new 
objectives are added to the list. These include: the 
redevelopment of historic waterfronts and ports; the 
preservation, restoration, enhancement or creation of coastal 
habitats; the preparation of plans that promote coastal 
community revitalization; the provision of access to public 
beaches and coastal areas for persons with disabilities; and 
the inventorying of existing points of public access to coastal 
areas. These new objectives will allow the states greater 
flexibility in implementing their coastal zone management 
programs, expand the scope of coastal community involvement in 
the program, and improve the success of on-the-ground projects 
that get funded under the CZMA.
    A provision allowing states to use Section 306A funds for 
the development of coordinated processes among state agencies 
for the regulation and permitting of aquaculture is removed 
from the objectives list because the new grant program requires 
a local partner for all Section 306A projects. Local 
governments are not involved in coordinating permits among 
state agencies. A similar aquaculture coordination provision is 
added as an objective of the program enhancement grants 
established under Section 309 of the CZMA in Section 104 of 
H.R. 2669.
    In addition to meeting the stated objectives of this 
section, grants made under the coastal community conservation 
grant program must be used for the specific purposes which are 
enumerated in Section 306A(c). Section 102 adds two new uses of 
the coastal community conservation grants. The first new use is 
the purchase and distribution of cultch material for oyster 
beds to promote shellfish production. The second new use allows 
states to use the grants to cover the cost of work needed to 
restore, enhance or create coastal habitat or to prepare plans 
that promote coastal community revitalization and that lead to 
construction of projects that are eligible funding under the 
coastal community grant program. This allows Section 306A money 
to be used to design projects that will be carried with future 
grants under this section.

Section 103. Coastal zone management fund

    Section 103 requires that loan repayments under the coastal 
zone management fund established under Section 308 of the CZMA 
be used to offset federal administrative costs for this title. 
The coastal zone management fund receives loan repayments from 
the defunct Coastal Energy Impact Assistance Loan Program. 
Current law allows the fund to be used for program 
administration and other expenses. The balance of the fund is 
declining, and the fund is expected to receive its last payment 
within four years. Recent language in Department of Commerce 
appropriations laws has limited the use of these funds for 
program administration. Funds generated under this section will 
now be transferred directly to NOAA's Operations, Research and 
Facilities account to offset the expenses of carrying out the 
CZMA program.

Section 104. Amendments relating to coastal zone enhancement grants

    Section 104 amends the grant program established under 
Section 309 of the CZMA. This program is known as the coastal 
zone enhancement grant program. The coastal zone enhancement 
grant program allows states to revise, update and improve their 
coastal zone management programs to address emerging new 
coastal issues. Under existing law, states are not required to 
match federal grant dollars. Section 104 requires the states to 
provide one-to-one matching funds for these grants, which is 
consistent with other grant programs established under the 
CZMA. Section 104 adds several new areas under which states may 
make enhancements to their programs, including the coordination 
of aquaculture permitting among state agencies and the ability 
to address significant emerging coastal issues that are of 
concern both nationally and locally. The ``significant, 
emerging coastal issues'' provision is intended to give the 
states the incentive to revise their plans to address the 
concerns of coastal communities within their boundaries. 
Section 104 requires that the Section 309 grants be allocated 
to the states under the same formula used to allocate the base 
program funding under Section 306 of the CZMA. The Secretary 
may suspend the eligibility of a state for at least one year if 
the Secretary finds that the state is not taking the actions 
committed to under the terms of the grant.

Section 105. Amendments relating to Walter B. Jones awards for 
        Excellence in Coastal Zone Management

    Section 105 amends the existing Walter B. Jones Excellence 
in Coastal Zone Management awards program authorized under 
Section 314 of the CZMA. Under existing law, the Secretary is 
directed to implement an awards program to promote excellence 
in coastal zone management. The awards program was funded by 
receipts in the Coastal Zone Management Fund, which will soon 
be depleted. This section makes the program permissive instead 
of mandatory and clarifies that funding for the awards should 
come out of the funds appropriated for the general 
administration of the CZMA.

Section 106. Reports

    The Secretary of Commerce is required to submit a report 
every two years describing the administration of the CZMA 
program. Section 106 makes two changes to the report. First, 
the Secretary is no longer required to submit the report to the 
President prior to transmittal to Congress. Instead, the report 
can be submitted directly to Congress. Second, the requirement 
to report on the economic, environmental and social 
consequences of energy development in the coastal zone is 
removed, because this section was tied to the provision of 
economic assistance under the Coastal Energy Impact Assistance 
Fund established under Section 308 of the CZMA. This fund 
expired in 1988, and was repealed as part of the Coastal Zone 
Reauthorization Act of 1990. Congress has already received 
reports documenting the effectiveness of the Coastal Energy 
Impact Assistance Fund.

Section 107. Authorization of appropriations

    Table 2 lists the amounts that are authorized to be 
appropriated to carry out the purposes, policies and grant 
programs established under the CZMA. Section 107 contains 
several additional provisions related to appropriations and 
grants made under this title. Coastal states are given up to 
three years to obligate any grant funds received under this 
title, after which the funds revert to the Secretary for future 
grants. Section 107 allows states to use grants received under 
this title to purchase federal services not available elsewhere 
or from the private sector, such as technicalassistance or 
Geographic Information System support from the Coastal Services Center 
in South Carolina. Section 107 requires that at least 10 percent but no 
more than 15 percent of the amounts appropriated to carry out Sections 
306 and 309 of the CZMA be used for the coastal zone enhancement 
program under Section 309. This section also restricts NOAA from using 
any of the funds appropriated to carry out Sections 306, 306A, or 309 
for administrative purposes. H.R. 2669 provides an explicit 
authorization of appropriations for administrative costs that is 
sufficient to meet the federal needs of this program. In addition, 
funding is authorized for the Barnegat Bay Personal Watercraft Task 
Force.

Section 108. Technical corrections

    Section 108 makes several technical corrections to the 
CZMA, including amending the phrase ``coastal state'' to appear 
consistently throughout the CZMA.

Section 109. Coastal zone management outcome indicators

    Section 109 requires the Secretary to submit to Congress a 
proposal for establishing a mechanism to measure the 
effectiveness of the state coastal zone management programs. 
Within two years, the Secretary of Commerce must provide 
Congress with a report containing a common set of measurable 
outcome indicators to evaluate the effectiveness of coastal 
zone management programs. The Secretary must provide the 
Governors of coastal states with a copy of the report and 
include their comments in the report. Within four years, the 
Secretary must submit recommendations for a national coastal 
zone management monitoring and performance evaluation system. 
This program is intended to improve the CZMA program by 
determining where the program is most successful and by 
identifying areas that need to be addressed to fully meet the 
purposes and policies of the CZMA. This section authorizes 
appropriations of $1 million for each of Fiscal Years 2000 and 
2001 to develop the performance monitoring system.

Section 110. Personal watercraft study

    Section 110 authorizes the Secretary to make grants to 
support peer-reviewed research to investigate the impacts of 
personal watercraft and other motorized recreational jet-
powered vessels on coastal aquatic habitat. This section 
authorizes up to $2 million each year for Fiscal Years 2000, 
2001, and 2002 to study the impacts of these vessels on 
wildlife, fish, other aquatic organisms, aquatic vegetation, 
water quality and shoreline stability. The Secretary is 
required to report back to Congress within 48 months on the 
results of the research and to summarize public comments based 
on a draft report published in the Federal Register.
    The scope of the study is limited to the impacts of these 
vessels on marine habitat in the coastal zone, including the 
effects of noise and pollution. Personal watercraft are defined 
as ``vessels that use an in-board motor that powers a water jet 
pump or a caged propeller and are designed to be operated by a 
person standing on, kneeling on, or sitting astride the 
vessel''. This definition includes personal watercraft that can 
carry more than a single person. Other motorized recreational 
vessels are defined as vessels that use an in-board motor 
powering a water jet pump or caged propeller and are designed 
to be operated by a person sitting within the vessel. The 
Secretary has the discretion to determine which projects will 
be funded and should consider the technical merits of the 
proposals before making grants. Grants made under this section 
should result in research that is peer-reviewed and likely to 
be accepted for publication in widely distributed technical 
literature.

Section 111. Protection of private property

    Section 111 creates a new Section 320 of the CZMA, 
Protection of Private Property. This provision prohibits the 
Secretary of Commerce from: (1) Requiring a state, as a 
condition of a grant under the CZMA or the approval of a state 
coastal zone management program, to take actions that would 
constitute a use of non-federal property for a public purpose 
without just compensation; and (2) taking private property for 
public use under the CZMA without payment of just compensation.
    The intent of Section 111 is to protect private property 
from federal actions that would result in a taking of the 
property for a public use without just compensation. Under this 
section, state and local governments are not prohibited from 
enacting restrictions on private property, such as local zoning 
ordinances, but the Secretary cannot require these types of 
restrictions as a condition of the CZMA grants or program 
approval. The prohibition also affects grants under the NERS 
program.

      TITLE II--AMENDMENTS RELATING TO NATIONAL ESTUARINE RESERVES


Section 201. Policies and purposes

    Section 201 clarifies the policies of the CZMA as they 
pertain to the National Estuarine Reserve System (NERS). The 
term ``National Estuarine Reserve'' is adopted as the official 
title for NERS units. Section 201 amends Section 303 of the 
CZMA to state that it is the policy of the NERS to develop 
federal, state and community partnerships to improve the 
understanding, management and stewardship of coastal areas and 
to encourage the development, application and transfer of 
innovative coastal management technologies to local, state and 
federal resource managers. Section 201 also replaces the 
definition of the term ``estuarine sanctuary'' with ``national 
estuarine reserve'' in Section 304 of the CZMA.

Section 202. Areas that may be designated

    Section 202 amends Section 315 of the CZMA to clarify that 
areas designated as estuarine reserves may include estuaries, 
islands, transitional lands, and adjoining upland to the extent 
that this land constitutes a natural ecosystem unit, such as a 
watershed.

Section 203. Donations

    Section 203 amends CZMA Section 315 to authorize the 
Secretary to enter into cooperative agreements and contracts 
with, or make grants to, any nonprofit organization established 
to benefit a National Estuarine Reserve, to the extent that 
such activities are consistent the purposes of the NERS. The 
Secretary is also authorized to accept donations to carry out 
research and education projects at the reserves. This change 
allows the estuarine reserves to use volunteers and donations, 
and is consistent with existing law pertaining to National 
Marine Sanctuaries and National Wildlife Refuges.

Section 204. Evaluations

    Under existing law, the Secretary of Commerce is required 
to periodically evaluate the operations and activities of the 
NERS. Section 204 amends the CZMA to require the Secretary to 
include an evaluation of efforts to coordinate reserve 
activities with state coastal zone management programs 
established under the CZMA.

Section 205. Authorization of appropriations

    Section 205 amends Section 318 of the CZMA to authorize the 
following appropriations to administer the NERS program: $7 
million in Fiscal Year 2000; $8 million in Fiscal Year 2001; $9 
million in Fiscal Year 2002; $10 million in Fiscal Year 2003; 
and $11 million in Fiscal Year 2004. This section also 
authorizes $12 million for construction at the reserves for 
each of Fiscal Years 2000 through 2004.

            Committee Oversight Findings and Recommendations

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Resources' oversight findings and recommendations 
are reflected in the body of this report.

                   Constitutional Authority Statement

    Article I, section 8 of the Constitution of the United 
States grants Congress the authority to enact this bill.

                    Compliance With House Rule XIII

    1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the 
Rules of the House of Representatives requires an estimate and 
a comparison by the Committee of the costs which would be 
incurred in carrying out this bill. However, clause 3(d)(3)(B) 
of that rule provides that this requirement does not apply when 
the Committee has included in its report a timely submitted 
cost estimate of the bill prepared by the Director of the 
Congressional Budget Office under section 402 of the 
Congressional Budget Act of 1974.
    2. Congressional Budget Act. As required by clause 3(c)(2) 
of rule XIII of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, this 
bill does not contain any new budget authority, credit 
authority, or an increase or decrease in tax expenditures. 
According to the Congressional Budget Office, because the bill 
allows the Secretary of Commerce to accept and spend donations 
of funds for estuarine reserve projects, enactment of this bill 
could increase government receipts and direct spending, but 
``any additional receipts and resulting direct spending would 
be minimal and largely offsetting.''
    3. Government Reform Oversight Findings. Under clause 
3(c)(4) of rule XIII of the Rules of the House of 
Representatives, the Committee has received no report of 
oversight findings and recommendations from the Committee on 
Government Reform on this bill.
    4. Congressional Budget Office Cost Estimate. Under clause 
3(c)(3) of rule XIII of the Rules of the House of 
Representatives and section 403 of the Congressional Budget Act 
of 1974, the Committee has received the following cost estimate 
for this bill from the Director of the Congressional Budget 
Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                  Washington, DC, October 21, 1999.
Hon. Don Young,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 2669, the Coastal 
Community Conservation Act of 1999.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contacts are Deborah 
Reis (for federal costs), and Shelley Finlayson (for the state 
and local impact).
            Sincerely,
                                          Barry B. Anderson
                                    (For Dan L. Crippen, Director).
    Enclosure.

H.R. 2669--Coastal Community Conservation Act of 1999

    Summary: H.R. 2669 would amend the Coastal Zone Management 
Act of 1972, which governs federal and state environmental 
management of coastal areas. The bill would extend the 
authorization of appropriations for state grants and other 
coastal zone management (CZM) programs administered by the 
National oceanic and Atmospheric Administration (NOAA). H.R. 
2669 would authorize appropriations totaling about $115 million 
for fiscal year 2000 and $620 million over the 2000-2004 
period. Roughly half of each year's authorization would be for 
funding of existing programs that received appropriations of 
about $58 million in 1999.
    Assuming appropriation of the authorized amounts, CBO 
estimates that the federal government would spend about $20 
million in fiscal year 2000 and a total of $450 million over 
the 2000-2004 period on programs authorized by H.R. 2669. 
(About $170 million would be spend after fiscal year 2004.) 
Enacting the bill could increase governmental receipts and 
direct spending; therefore, pay-as-you-go procedures would 
apply. CBO estimates, however, that any additional receipts and 
resulting direct spending would be minimal and largely 
offsetting.
    H.R. 2669 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA). 
Any costs to state governments would be the result of complying 
with grant conditions.
    Estimated cost to the Federal Government; The estimated 
budgetary impact of H.R. 2669 is shown in the following table. 
The costs of this legislation fall within budget function 300 
(natural resources and environment).

----------------------------------------------------------------------------------------------------------------
                                                                 By fiscal years, in millions of dollars--
                                                          ------------------------------------------------------
                                                              2000       2001       2002       2003       2004
----------------------------------------------------------------------------------------------------------------
                                        SPENDING SUBJECT TO APPROPRIATION

Authorization level \1\..................................        115        120        123        128        134
Estimated outlays........................................         20         75        109        120        126
----------------------------------------------------------------------------------------------------------------
\1\ NOAA has not yet received a full-year appropriation for 2000.

Basis of estimate

            Spending subject to appropriation
    For purposes of this estimate, CBO assumes that H.R. 2669 
will be enacted early in fiscal year 2000 and that the entire 
amounts authorized will be appropriated for for each fiscal 
year. Outlays are based on historical spending patterns of CZM 
programs.
    Title I would authorized appropriations for CZM programs. 
The legislation would authorize the appropriation of $6.5 
million annually over the 2000-2004 period to NOAA for the 
costs of administering CZM grant programs. Annual amounts 
between $87 million and $105 million would be authorized for 
CZM grants over this period. This title also would authorize 
appropriations totaling $8 million through fiscal year 2002 for 
new studies to be conducted by NOAA or its grantees.
    Title II would authorize annual funding for the National 
Estuarine Research System, which is also administered by NOAA. 
Specifically, the bill would authorize the appropriation of 
between $7 million and $11 million for each of fiscal years 
2000 through 2004 for state grants for acquisition and 
management of estuarine reserves. For this same period, the 
bill would authorize $12 million a year for new state grants 
for construction projects at these reserves.
            Property rights
    Section 110 would prohibit NOAA from requiring any state, 
as a condition of a grant, to take any action that would 
constitute a use of nonfederal property for public use without 
payment of just compensation. CBO estimates that this provision 
would have no significant budgetary impact. We expect that NOAA 
would likely refrain from knowingly making conditions for 
grants that would violate the prohibition. If, however, NOAA 
did make grant conditions thatare deemed by a court to cause a 
state to take property, either the condition would be altered or 
eliminated or the federal government would compensate the owner--all of 
which could happen under existing law as well.
    This section also would prohibit NOAA from taking private 
property for public use without payment of just compensation. 
This provision restates current law and would therefore have no 
impact on the federal budget.
    Pay-as-you-go considerations: The Balanced Budget and 
Emergency Deficit Control Act sets up pay-as-you-go procedures 
for legislation affecting direct spending or receipts. Title II 
would authorize NOAA to accept and spend donations of funds 
from the public for estuarine reserve projects. Such donations 
are recorded in the budget as governmental receipts, and 
spending of the gifts would be considered new direct spending. 
Based on information provided by the agency. CBO estimates that 
this provision would have a budgetary impact of less than 
$500,000 annually.
    Intergovernmental and private-sector impact: H.R. 2669 
contains no intergovernmental or private-sector mandates as 
defined in UMRA. Much of the funding authorized by the bill 
would fund grant programs that require matching funds from 
participating state governments. States would be able to 
allocate a portion of the grant funds received under the 
program to qualified local entities to further their coastal 
management programs. Any costs to state governments from the 
requirements of this program would be incurred voluntarily.
    Previous CBO estimate: On July 1, 1999, CBO transmitted a 
cost estimate for H.R. 1243, the National Marine Sanctuaries 
Enhancement Act of 1999, as ordered reported by the House 
Committee on Resources on June 9, 1999. These bills would 
authorize the appropriation of different amounts of money and 
the cost estimates reflect those differences.
    Estimate prepared by: Federal costs: Deborah Reis. Impact 
on State, local, and tribal governments: Shelley Finlayson.
    Estimate approved by: Peter H. Fontaine, Deputy Assistant 
Director for Budget Analysis.

                    Compliance With Public Law 104-4

    This bill contains no unfunded mandates.

               Preemption of State, Local, or Tribal Law

    This bill is not intended to preempt any State, local, or 
tribal law.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

                  COASTAL ZONE MANAGEMENT ACT OF 1972


               TITLE III--MANAGEMENT OF THE COASTAL ZONE


                              short title

  Sec. 301. This title may be cited as the ``Coastal Zone 
Management Act of 1972''.

                         congressional findings

  Sec. 302. The Congress finds that--
  (a) * * *

           *       *       *       *       *       *       *

  (f) New and expanding demands for food, energy, minerals, 
defense needs, recreation, waste disposal, transportation, and 
industrial activities in the Great Lakes, territorial sea, 
exclusive economic zone, and Outer Continental Shelf are 
placing stress on these areas and are creating the need for 
resolution of serious conflicts among important and competing 
uses and values in coastal and ocean waters[;].

           *       *       *       *       *       *       *

  (h) In light of competing demands and the urgent need to 
protect and to give high priority to natural systems in the 
coastal zone, present [state] State and local institutional 
arrangements for planning and regulating land and water uses in 
such areas are inadequate.
  (i) The key to more effective protection and use of the land 
and water resources of the coastal zone is to encourage the 
[states] States to exercise their full authority over the lands 
and waters in the coastal zone by assisting the [states] 
States, in cooperation with Federal and local governments and 
other vitally affected interests, in developing land and water 
use programs for the coastal zone, including unified policies, 
criteria, standards, methods, and processes for dealing with 
land and water use decisions of more than local significance.
  (j) The national objective of attaining a greater degree of 
energy self-sufficiency would be advanced by providing Federal 
financial assistance to meet [state] State and local needs 
resulting from new or expanded energy activity in or affecting 
the coastal zone.

           *       *       *       *       *       *       *

  (l) Because global warming may result in a substantial sea 
level rise with serious adverse effects in the coastal zone, 
coastal [states] States must anticipate and plan for such an 
occurrence.
  (m) Because of their proximity to and reliance upon the ocean 
and its resources, the coastal [states] States have substantial 
and significant interests in the protection, management, and 
development of the resources of the exclusive economic zone 
that can only be served by the active participation of coastal 
[states] States in all Federal programs affecting such 
resources and, wherever appropriate, by the development of 
[state] State ocean resource plans as part of their federally 
approved coastal zone management programs.

                  congressional declaration of policy

  Sec. 303. The Congress finds and declares that it is the 
national policy--
          (1) * * *
          (2) to encourage and assist [the states] State and 
        local entities to exercise effectively their 
        responsibilities in the coastal zone through the 
        development and implementation of management programs 
        to achieve wise use of the land and water resources of 
        the coastal zone, giving full consideration to 
        ecological, cultural, historic, and esthetic values as 
        well as the needs for compatible economic development, 
        which programs should at least provide for--
                  (A) * * *
                  (B) the management of coastal development to 
                minimize the loss of life and property caused 
                by improper development in flood-prone, storm 
                surge, geological hazard, and erosion-prone 
                areas and in areas likely to be affected by or 
                vulnerable to sea level rise, land subsidence, 
                and saltwater intrusion, and by the destruction 
                of natural protective features such as beaches, 
                dunes, wetlands, and barrier islands[.],

           *       *       *       *       *       *       *

                  (J) assistance to support comprehensive 
                planning, conservation, and management for 
                living marine resources, including planning for 
                the siting of pollution control and aquaculture 
                facilities within the coastal zone, and 
                improved coordination between State and Federal 
                coastal zone management [agencies and State and 
                wildlife] and wildlife management agencies, and

           *       *       *       *       *       *       *

          (4) to encourage the participation and cooperation of 
        the public, [state] State and local governments, and 
        interstate and other regional agencies, as well as the 
        Federal agencies having programs affecting the coastal 
        zone, in carrying out the purposes of this title;
          (5) to encourage coordination and cooperation with 
        and among the appropriate Federal, State, and local 
        agencies, and international organizations where 
        appropriate, in collection, analysis, synthesis, and 
        dissemination of coastal management information, 
        research results, and technical assistance, to support 
        State and Federal regulation of land use practices 
        affecting the coastal and ocean resources of the United 
        States; [and]
          (6) to respond to changing circumstances affecting 
        the coastal environment and coastal resource management 
        by encouraging States to consider such issues as ocean 
        uses potentially affecting the coastal zone[.];
          (7) to use Federal, State, and community partnerships 
        developed through the system established by section 315 
        to improve the understanding, stewardship, and 
        management of coastal areas; and
          (8) to encourage the development, application, and 
        transfer to local, State, and Federal resources 
        managers of innovative coastal and estuarine resources 
        management technologies and techniques that promote the 
        long-term conservation of coastal and estuarine 
        resources.

                              definitions

  Sec. 304. For the purposes of this title--
  (1) The term ``coastal zone'' means the coastal waters 
(including the lands therein and thereunder) and the adjacent 
shorelands (including the waters therein and thereunder), 
strongly influenced by each other and in proximity to the 
shorelines of the several coastal [states] States, and 
includes, islands, transitional and intertidal areas, salt 
marshes, wetlands, and beaches. The zone extends, in Great 
Lakes waters, to the international boundary between the United 
States and Canada and, in other areas, seaward to the outer 
limit of State title and ownership under the Submerged Lands 
Act (43 U.S.C. 1301 et seq.), the Act of March 2, 1917 (48 
U.S.C. 749), the Covenant to Establish a Commonwealth of the 
Northern Mariana Islands in Political Union with the United 
States of America, as approved by the Act of March 24, 1976 (48 
U.S.C. 1681 note), or section 1 of the Act of November 20, 1963 
(48 U.S.C. 1705), as applicable. The zone extends inland from 
the shorelines only to the extent necessary to control 
shorelands, the uses of which have a direct and significant 
impact on the coastal waters, and to control those geographical 
areas which are likely to be affected by or vulnerable to sea 
level rise. Excluded from the coastal zone are lands the use of 
which is by law subject solely to the discretion of or which is 
held in trust by the Federal Government, its officers or 
agents.
  (2) The term ``coastal resource of national significance'' 
means any coastal wetland, beach, dune, barrier island, reef, 
estuary, or fish and wildlife habitat, if any such area is 
determined by a coastal [state] State to be of substantial 
biological or natural storm protective value.

           *       *       *       *       *       *       *

  (4) The term ``coastal [state] State'' means a [state] State 
of the United States in, or bordering on, the Atlantic, 
Pacific, or Arctic Ocean, the Gulf of Mexico, Long Island 
Sound, or one or more of the Great Lakes. For the purposes of 
this title, the term also includes Puerto Rico, the Virgin 
Islands, Guam, the Commonwealth of the Northern Mariana 
Islands, and the Trust Territories of the Pacific Islands, and 
American Samoa.
  (5) The term ``coastal energy activity'' means any of the 
following activities if, and to the extent that (A) the 
conduct, support, or facilitation of such activity requires and 
involves the siting, construction, expansion, or operation of 
any equipment or facility; and (B) any technical requirement 
exists which, in the determination of the Secretary, 
necessitates that the siting, construction, expansion, or 
operation of such equipment or facility be carried out in, or 
in close proximity to, the coastal zone of any coastal [state;] 
State:
          (i) Any outer Continental Shelf energy activity.
          (ii) Any transportation, conversion, treatment, 
        transfer, or storage of liquefied natural gas.
          (iii) Any transportation, transfer, or storage of 
        oil, natural gas, or coal (including, but not limited 
        to, by means of any deepwater port, as defined in 
        section 3(10) of the Deepwater Port Act of 1974 (33 
        U.S.C. 1502(10))).
For purposes of this paragraph, the siting, construction, 
expansion, or operation of any equipment or facility shall be 
``in close proximity to'' the coastal zone of any coastal 
[state] State if such siting, construction, expansion, or 
operation has, or is likely to have, a significant effect on 
such coastal zone.

           *       *       *       *       *       *       *

  [(8) The term ``estuarine sanctuary'' means a research area 
which may include any part or all of an estuary and any island, 
transitional area, and upland in, or adjacent to such estuary, 
and which constitutes to the extent feasible a natural unit, 
set aside to provide scientists and students the opportunity to 
examine over a period of time the ecological relationships 
within the area.]
  (8) The term ``national estuarine reserve'' means an area 
that is a national estuarine reserve under section 315.

           *       *       *       *       *       *       *

  (11) The term ``local government'' means any political 
subdivision of, or any special entity created by, any coastal 
[state] State which (in whole or part) is located in, or has 
authority over, such [state's] State's coastal zone and which 
(A) has authority to levy taxes, or to establish and collect 
user fees, or (B) provides any public facility or public 
service which is financed in whole or part by taxes or user 
fees. The term includes but is not limited to, any school 
district, fire district, transportation authority, and any 
other special purpose district or authority.
  (12) The term ``management program'' includes, but is not 
limited to, a comprehensive statement in words, maps, 
illustrations, or other media of communication, prepared and 
adopted by the [state] State in accordance with the provisions 
of this title, setting forth objectives, policies, and 
standards to guide public and private uses of lands and waters 
in the coastal zone.

           *       *       *       *       *       *       *

  (14) The term ``person'' means any individual; any 
corporation, partnership, association, or other entity 
organized or existing under the laws of any [state] State; the 
Federal Government; any [state] State, regional, or local 
government; or any entity of any such Federal, [state] State, 
regional, or local government.
  (15) The term ``public facilities and public services'' means 
facilities or services which are financed, in whole or in part, 
by any [state] State or political subdivision thereof, 
including, but not limited to, highways and secondary roads, 
parking, mass transit, docks, navigation aids, fire and police 
protection, water supply, waste collection and treatment 
(including drainage), schools and education, and hospitals and 
health care. Such term may also include any other facility or 
service so financed which the Secretary finds will support 
increased population.

           *       *       *       *       *       *       *


                submittal of state program for approval

  Sec. 305. Any coastal [state] State which has completed the 
development of its management program shall submit such program 
to the Secretary for review and approval pursuant to section 
306.

                         administrative grants

  Sec. 306. (a) The Secretary may make grants to any coastal 
[state] State for the purpose of administering that State's 
management program, if the State matches any such grant 
according to the following ratios of Federal-to-State 
contributions for the applicable fiscal year:
          (1) * * *

           *       *       *       *       *       *       *

          (10) The State, acting through its chosen agency or 
        agencies (including local governments, areawide 
        agencies, regional agencies, or interstate agencies) 
        has authority for the management of the coastal zone in 
        accordance with the management program. Such authority 
        shall include power--
                  (A) to administer land use and water use 
                regulations to control development, to ensure 
                compliance with the management program, and to 
                resolve conflicts among competing uses; and

           *       *       *       *       *       *       *

  (b) The Secretary may make a grant to a coastal [state] State 
under subsection (a) only if the Secretary finds that the 
management program of the coastal [state] State meets all 
applicable requirements of this title and has been approved in 
accordance with subsection (d).
  (c) Grants under this section shall be allocated to coastal 
[states] States with approved programs based on rules and 
regulations promulgated by the Secretary which shall take into 
account the extent and nature of the shoreline and area covered 
by the program, population of the area, and other relevant 
factors. The Secretary shall establish, after consulting with 
the coastal [states] States, maximum and minimum grants for any 
fiscal year to promote equity between coastal [states] States 
and effective coastal management.
  (d) Before approving a management program submitted by a 
coastal [state] State, the Secretary shall find the following:
          (1) * * *

           *       *       *       *       *       *       *

  (e) A coastal [state] State may amend or modify a management 
program which it has submitted and which has been approved by 
the Secretary under this section, subject to the following 
conditions:
          (1) * * *
          (2) Within 30 days after the date the Secretary 
        receives any proposed amendment, the Secretary shall 
        notify the State whether the Secretary approves or 
        disapproves the amendment, or whether the Secretary 
        finds it is necessary to extend the review of the 
        proposed amendment for a period not to exceed 120 days 
        after the date the Secretary received the proposed 
        amendment. The Secretary may extend this period only as 
        necessary to meet the requirements of the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
        seq.). If the Secretary does not notify the coastal 
        [state] State that the Secretary approves or 
        disapproves the amendment within that period, then the 
        amendment shall be conclusively presumed as approved.
          (3)(A) Except as provided in subparagraph (B), a 
        coastal [state] State may not implement any amendment, 
        modification, or other change as part of its approved 
        management program unless the amendment, modification, 
        or other change is approved by the Secretary under this 
        subsection.

           *       *       *       *       *       *       *


                [resource management improvement grants

  [Sec. 306A. (a) For purposes of this section--
          [(1) The term ``eligible coastal state'' means a 
        coastal state that for any fiscal year for which a 
        grant is applied for under this section--
                  [(A) has a management program approved under 
                section 306; and
                  [(B) in the judgment of the Secretary, is 
                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).
          [(2) The term ``urban waterfront and port'' means any 
        developed area that is densely populated and is being 
        used for, or has been used for, urban residential 
        recreational, commercial, shipping or industrial 
        purposes.
  [(b) The Secretary may make grants to any eligible coastal 
state to assist that state in meeting one or more of the 
following objectives:]


                 coastal community conservation grants


  Sec. 306A. (a)(1) The Secretary may make grants to any 
coastal State for the purpose of assisting local communities to 
carry out eligible coastal community conservation projects.
  (2) Grants under this section shall be allocated to coastal 
States in the same manner in which grants under section 306 are 
allocated under subsection (c) of that section.
  (3) A project shall be an eligible coastal community 
conservation project under this section if it--
          (A) is submitted to the Secretary by the State agency 
        designated by the Governor pursuant to section 
        306(d)(6);
          (B) would be carried out in the coastal zone;
          (C) would achieve at least one of the coastal zone 
        management objectives specified in section 303(2);
          (D) would achieve at least one of the objectives 
        listed in subsection (b); and
          (E) is designed and carried out in conjunction with a 
        qualified local entity.
  (b) The objectives referred to in subsection (a)(3)(D) are 
the following:
          (1) The preservation or restoration of specific areas 
        of the [state] State that (A) are designated under the 
        management program procedures required by section 
        306(d)(9) because of their conservation recreational, 
        ecological, or esthetic values, or (B) contain one or 
        more coastal resources of national significance, or for 
        the purpose of restoring and enhancing shellfish 
        production by the purchase and distribution of clutch 
        material on publicly owned reef tracts.
          (2) The redevelopment of deteriorating and 
        underutilized urban or historic waterfronts and ports 
        that are designated in the [state's] State's management 
        program pursuant to section 306(d)(2)(C) as areas of 
        particular concern.
          (3) The provision of access to public beaches and 
        other public coastal areas and to coastal waters in 
        accordance with the planning process required under 
        section 306(d)(2)(G).
          [(4) The development of a coordinated process among 
        State agencies to regulate and issue permits for 
        aquaculture facilities in the coastal zone.]
          (4) The preservation, restoration, enhancement, or 
        creation of coastal habitats.
          (5) The preparation of plans that promote coastal 
        community revitalization and the goal stated in section 
        303(1).
          (6) The provision of access to public beaches, other 
        coastal areas, and coastal waters for individuals with 
        disabilities.
          (7) The inventorying of existing points of public 
        access to public beaches, other coastal areas, and 
        coastal waters, and the posting, publication, and 
        dissemination of informational material identifying and 
        displaying those points.
  (c)(1) Each grant made by the Secretary under this section 
shall be subject to such terms and conditions as may be 
appropriate to ensure that the grant is used for purposes 
consistent with this section.
  (2) Grants made under this section may be used for--
          (A) * * *

           *       *       *       *       *       *       *

          (D) engineering designs, specifications, and other 
        appropriate reports; [and]
          (E) educational, interpretive, and management costs 
        and such other related costs as the Secretary 
        determines to be consistent with the purposes of this 
        section[.];
          (F) purchase and distribution of cultch material; and
          (G) work, resources, or technical support necessary 
        to restore, enhance, or create coastal habitat or to 
        prepare plans that promote coastal community 
        revitalization and the goal stated in section 303(1).
  (d)(1) The Secretary may make grants to any coastal [state] 
State for the purpose of carrying out the project or purpose 
for which such grants are awarded, if the [state] State matches 
any such grant according to the following ratios of Federal to 
[state] State contributions for the applicable fiscal year: 4 
to 1 for fiscal year 1986; 2.3 to 1 for fiscal year 1987; 1.5 
to 1 for fiscal year 1988; and 1 to 1 for each fiscal year 
after fiscal year 1988.
  (2) Grants provided under this section may be used to pay a 
coastal [state's] State's share of costs required under any 
other Federal program that is consistent with the purposes of 
this section.
  (3) The total amount of grants made under this section to any 
eligible coastal [state] State for any fiscal year may not 
exceed an amount equal to 10 per centum of the total amount 
appropriated to carry out this section for such fiscal year.
  (e) With the approval of the Secretary, an eligible coastal 
[state] State may allocate to a local government, an areawide 
agency designated under section 204 of the Demonstration Cities 
and Metropolitan Development Act of 1966, a regional agency, or 
an interstate agency, 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] State of 
the responsibility for ensuring that any funds so allocated are 
applied in furtherance of the [state's] State's approved 
management program.
  (f) In addition to providing grants under this section, the 
Secretary shall assist eligible coastal [states] States and 
their local governments in identifying and obtaining other 
sources of available Federal technical and financial assistance 
regarding the objectives of this section.

                      coordination and cooperation

  Sec. 307. (a) In carrying out his functions and 
responsibilities under this title, the Secretary shall consult 
with, cooperate with, and, to the maximum extent practicable, 
coordinate his activities with other interested Federal 
agencies.
  (b) The Secretary shall not approve the management program 
submitted by a [state] State pursuant to section 306 unless the 
views of Federal agencies principally affected by such program 
have been adequately considered.
  (c)(1) * * *
  (2) Any Federal agency which shall undertake any development 
project in the coastal zone of a [state] State shall insure 
that the project is, to the maximum extent practicable, 
consistent with the enforceable policies of approved [state] 
State management programs.
  (3)(A) After final approval by the Secretary of a [state's] 
State's management program, any applicant for a required 
Federal license or permit to conduct an activity, inside or 
outside the coastal zone, affecting any land or water use or 
natural resource of the coastal zone of that [state] State 
shall provide in the applicant to the licensing or permitting 
agency a certification that the proposed activity complies with 
the enforceable policies of the [state's]State's approved 
program and that such activity will be conducted in a manner consistent 
with the program. At the same time, the applicant shall furnish to the 
[state] State or its designated agency a copy of the certification, 
with all necessary information and data. Each coastal [state] State 
shall establish procedures for public notice in the case of all such 
certifications and, to the extent it deems appropriate, procedures for 
public hearings in connection therewith. At the earliest practicable 
time, the [state] State or its designated agency shall notify the 
Federal agency concerned that the [state] State concurs with or objects 
to the applicant's certification. If the [state] State or its 
designated agency fails to furnish the required notification within six 
months after receipt of its copy of the applicant's certification, the 
[state's] State's concurrence with the certification shall be 
conclusively presumed. No license or permit shall be granted by the 
Federal agency until the [state] State or its designated agency has 
concurred with the applicant's certification or until, by the [state's] 
State's failure to act, the concurrence is conclusively presumed, 
unless the Secretary, on his own initiative or upon appeal by the 
applicant, finds, after providing a reasonable opportunity for detailed 
comments from the Federal agency involved and from the [state] State, 
that the activity is consistent with the objectives of this title or is 
otherwise necessary in the interest of national security.
  (B) After the management program of any coastal [state] State 
has been approved by the Secretary under section 306, any 
person who submits to the Secretary of the Interior any plan 
for the exploration or development of, or production from, any 
area which has been leased under the Outer Continental Shelf 
Lands Act (43 U.S.C. 1331 et seq.) and regulations under such 
Act shall, with respect to any exploration, development, or 
production described in such plan and affecting any land or 
water use or natural resource of the coastal zone of such 
[state] State, attach to such plan a certification that each 
activity which is described in detail in such plan complies 
with the enforceable policies of such state's approved 
management program and will be carried out in a manner 
consistent with such program. No Federal official or agency 
shall grant such person any license or permit for any activity 
described in detail in such plan until such [state] State or 
its designated agency receives a copy of such certification and 
plan, together with any other necessary data and information, 
and until--
          (i) such [state] State or its designated agency, in 
        accordance with the procedures required to be 
        established by such [state] State pursuant to 
        subparagraph (A), concurs with such person's 
        certification and notifies the Secretary and the 
        Secretary of the Interior of such concurrence;
          (ii) concurrence by such [state] State with such 
        certification is conclusively presumed as provided for 
        in subparagraph (A), except if such [state] State fails 
        to concur with or object to such certification within 
        three months after receipt of its copy of such 
        certification and supporting information, such [state] 
        State shall provide the Secretary, the appropriate 
        federal agency, and such person with a written 
        statement describing the status of review and the basis 
        for further delay in issuing a final decision, and if 
        such statement is not so provided, concurrence by such 
        [state] State with such certification shall be 
        conclusively presumed; or
          (iii) the Secretary finds, pursuant to subparagraph 
        (A), that each activity which is described in detail in 
        such plan is consistent with the objectives of this 
        title or is otherwise necessary in the interest of 
        national security.
If a [state] State concurs or is conclusively presumed to 
concur, or if the Secretary makes such a finding, the 
provisions of subparagraph (A) are not applicable with respect 
to such person, such [state] State, and any Federal license or 
permit which is required to conduct any activity affecting land 
uses or water uses in the coastal zone of such [state] State 
which is described in detail in the plan to which such 
concurrence or finding applies. If such [state] State objects 
to such certification and if the Secretary fails to make a 
finding under clause (iii) with respect to such certification, 
or if such person fails substantially to comply with such plan 
as submitted, such person shall submit an amendment to such 
plan, or a new plan, to the Secretary of the Interior. With 
respect to any amendment or new plan submitted to the Secretary 
of the Interior pursuant to the preceding sentence, the 
applicable time period for purposes of concurrence by 
conclusive presumption under subparagraph (A) is 3 months.
  (d) State and local governments submitting applications for 
Federal assistance under other Federal programs, in or outside 
of the coastal zone, affecting any land or water use of natural 
resource of the coastal zone shall indicate the views of the 
appropriate [state] State or local agency as to the 
relationship of such activities to the approved management 
program for the coastal zone. Such applications shall be 
submitted and coordinated in accordance with the provisions of 
title IV of the Intergovernmental Coordination Act of 1968 (82 
Stat. 1098). Federal agencies shall not approve proposed 
projects that are inconsistent with the enforceable policies of 
a coastal [state's] State's management program, except upon a 
finding by the Secretary that such project is consistent with 
the purposes of this title or necessary in the interest of 
national security.
  (e) Nothing in this title shall be construed--
          (1) to diminish either Federal or [state] State 
        jurisdiction, responsibility, or rights in the field of 
        planning, development, or control of water resources, 
        submerged lands, or navigable waters; nor to displace, 
        supersede, limit, or modify any interstate compact or 
        the jurisdiction or responsibility of any legally 
        established joint or common agency of two or more 
        [states] States or of two or more [states] States and 
        the Federal Government; nor to limit the authority of 
        Congress to authorize and fund projects;

           *       *       *       *       *       *       *

  (f) Notwithstanding any other provision of this title, 
nothing in this title shall in any way affect any requirement 
(1) established by the Federal Water Pollution Control Act, as 
amended, or the Clean Air Act, as amended, or (2) established 
by the Federal Government or by any [state] State or local 
government pursuant to such Acts. Such requirements shall be 
incorporated in any program developed pursuant to this title 
and shall be the water pollutioncontrol and air pollution 
control requirements applicable to such program.
  (g) When any [state's] State's coastal zone management 
program, submitted for approval or proposed for modification 
pursuant to section 306 of this title, includes requirements as 
to shorelands which also would be subject to any Federally 
supported national land use program which may be hereafter 
enacted, the Secretary, prior to approving such program, shall 
obtain the concurrence of the Secretary of the Interior, or 
such other Federal official as may be designated to administer 
the national land use program, with respect to that portion of 
the coastal zone management program affecting such inland 
areas.
  (h) In case of serious disagreement between any Federal 
agency and a coastal [state] State--
          (1) * * *

           *       *       *       *       *       *       *


                      coastal zone management fund

  Sec. 308. (a)(1) The obligations of any coastal [state] State 
or unit of general purpose local government to repay loans made 
pursuant to this section as in effect before the date of the 
enactment of the Coastal Zone Act Reauthorization Amendments of 
1990, and any repayment schedule established pursuant to this 
title as in effect before that date of enactment, are not 
altered by any provision of this title. Such loans shall be 
repaid under authority of this subsection and the Secretary may 
issue regulations governing such repayment. If the Secretary 
finds that any coastal [state] State or unit of local 
government is unable to meet its obligations pursuant to this 
subsection because the actual increases in employment and 
related population resulting from coastal energy activity and 
the facilities associated with such activity do not provide 
adequate revenues to enable such State or unit to meet such 
obligations in accordance with the appropriate repayment 
schedule, the Secretary shall, after review of the information 
submitted by such State or unit, take any of the following 
actions:
          (A) Modify the terms and conditions of such loan.
          (B) Refinance the loan.
          (C) Recommend to the Congress that legislation be 
        enacted to forgive the loan.
  [(2) Loan repayments made pursuant to this subsection shall 
be retained by the Secretary as offsetting collections, and 
shall be deposited into the Coastal Zone Management Fund 
established under subsection (b).]
  (2) Loan repayments made pursuant to 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 appropriation 
        Acts, shall be available to the Secretary for purposes 
        of this title and transferred to the Operations, 
        Research and Facilities account to offset the costs of 
        implementing this title.
  (b)[(1)] The Secretary shall establish and maintain a fund, 
to be known as the ``Coastal Zone Management Fund'' which shall 
consist of amounts retained and deposited into the Fund under 
subsection (a) and fees deposited into the Fund under section 
307(i)(3).
  [(2) Subject to amounts provided in appropriation Acts, 
amounts in the Fund shall be available to the Secretary for use 
for the following:
          [(A) Expenses incident to the administration of this 
        title, in an amount not to exceed for each of fiscal 
        years 1997, 1998, and 1999 the higher of--
                  [(i) $4,000,000; or
                  [(ii) 8 percent of the total amount 
                appropriated under this title for the fiscal 
                year.
          [(B) After use under subparagraph (A)--
                  [(i) projects to address management issues 
                which are regional in scope, including 
                interstate projects;
                  [(ii) demonstration projects which have high 
                potential for improving coastal zone 
                management, especially at the local level;
                  [(iii) emergency grants to State coastal zone 
                management agencies to address unforeseen or 
                disaster-related circumstances;
                  [(iv) appropriate awards recognizing 
                excellence in coastal zone management as 
                provided in section 314; and
                  [(v) to provide financial support to coastal 
                states for use for investigating and applying 
                the public trust doctrine to implement State 
                management programs approved under section 306.
  [(3) On December 1 of each year, the Secretary shall transmit 
to the Congress an annual report on the Fund, including the 
balance of the Fund and an itemization of all deposits into and 
disbursements from the Fund in the preceding fiscal year.]

                    coastal zone enhancement grants

  Sec. 309. (a) For purposes of this section, the term 
``coastal zone enhancement objective'' means any of the 
following objectives:
          (1) * * *

           *       *       *       *       *       *       *

          (10) The development of a coordinated process among 
        State agencies to regulate and issue permits for 
        aquaculture facilities in the coastal zone.
          (11) Addressing any issue that is identified by a 
        coastal State, in consultation with the Secretary and 
        relevant qualified local entities (as that term is 
        defined in section 306A), to be a significant emerging 
        coastal issue.
  (b)(1) Subject to the limitations and goals established in 
this section, the Secretary may make grants to coastal [states] 
States to provide funding for development and submission for 
Federal approval of program changes that support attainment of 
one or more coastal zone enhancement objectives.

           *       *       *       *       *       *       *

  [(c) The Secretary shall evaluate and rank State proposals 
for funding under this section, and make funding awards based 
on those proposals, taking into account the criteria 
established by theSecretary under subsection (d). The Secretary 
shall ensure that funding decisions under this section take into 
consideration the fiscal and technical needs of proposing States and 
the overall merit of each proposal in terms of benefits to the public.
  [(d) Within 12 months following the date of enactment of this 
section, and consistent with the notice and participation 
requirements established in section 317, the Secretary shall 
promulgate regulations concerning coastal zone enhancement 
grants that establish--
          [(1) specific and detailed criteria that must be 
        addressed by a coastal state (including the State's 
        priority needs for improvement as identified by the 
        Secretary after careful consultation with the State) as 
        part of the State's development and implementation of 
        coastal zone enhancement objectives;
          [(2) administrative or procedural rules or 
        requirements as necessary to facilitate the development 
        and implementation of such objectives by coastal 
        states; and
          [(3) other funding award criteria as are necessary or 
        appropriate to ensure that evaluations of proposals, 
        and decisions to award funding, under this section are 
        based on objective standards applied fairly and 
        equitably to those proposals.
  [(e) A State shall not be required to contribute any portion 
of the cost of any proposal for which funding is awarded under 
this section.
  [(f) Beginning in fiscal year 1991, not less than 10 percent 
and not more than 20 percent of the amounts appropriated to 
implement sections 306 and 306A of this title shall be retained 
by the Secretary for use in implementing this section, up to a 
maximum of $10,000,000 annually.
  [(g) If the Secretary finds that the State is not undertaking 
the actions committed to under the terms of the grant, the 
Secretary shall suspend the State's eligibility for further 
funding under this section for at least one year.]
  (c) As a condition of providing a grant under this section to 
a coastal State, the Secretary shall require the State to 
provide matching funds according to a 1-to-1 ratio of Federal-
to-State contributions.
  (d) Grants under this section shall be allocated to coastal 
States in the same manner in which grants under section 306 are 
allocated under subsection (c) of that section.
  (e) If the Secretary finds that a coastal State is not taking 
actions committed to by the State under the terms of a grant to 
the State under this section, the Secretary shall suspend the 
eligibility of the State for further funding under this section 
for at least one year.

           *       *       *       *       *       *       *


                         review of performance

  Sec. 312. (a) The Secretary shall conduct a continuing review 
of the performance of coastal [states] States with respect to 
coastal management. Each review shall include a written 
evaluation with an assessment and detailed findings concerning 
the extent to which the [state] State has implemented and 
enforced the program approved by the Secretary, addressed the 
coastal management needs identified in section 303(2)(A) and 
(K), and adhered to the terms of any grant, loan, or 
cooperative agreement funded under this title.
  (b) In evaluating a coastal [state's] State's performance, 
the Secretary shall conduct the evaluation in an open and 
public manner, and provide full opportunity for public 
participation, including holding public meetings in the State 
being evaluated and providing opportunities for the submission 
of written and oral comments by the public. The Secretary shall 
provide the public with at least 45 days' notice of such public 
meetings by placing a notice in the Federal Register, by 
publication of timely notices in newspapers of general 
circulation within the State being evaluated, and by 
communications with persons and organizations known to be 
interested in the evaluation. Each evaluation shall be prepared 
in report form and shall include written responses to the 
written comments received during the evaluation process. The 
final report of the evaluation shall be completed within 120 
days after the last public meeting held in the State being 
evaluated. Copies of the evaluation shall be immediately 
provided to all persons and organizations participating in the 
evaluation process.
  (c)(1) The Secretary may suspend payment of any portion of 
financial assistance extended to any coastal [state] State 
under this title, and may withdraw any unexpended portion of 
such assistance, if the Secretary determines that the coastal 
[state] State is failing to adhere to (A) the management 
program or a State plan developed to manage a national 
estuarine reserve established under section 315 of this title, 
or a portion of the program or plan approved by the Secretary, 
or (B) the terms of any grant or cooperative agreement funded 
under this title.
  (2) Financial assistance may not be suspended under paragraph 
(1) unless the Secretary provides the Governor of the coastal 
[state] State with--
          (A) written specifications and a schedule for the 
        actions that should be taken by the State in order that 
        such suspension of financial assistance may be 
        withdrawn; and
          (B) written specifications stating how those funds 
        from the suspended financial assistance shall be 
        expended by the coastal [state] State to take the 
        actions referred to in subparagraph (A).

           *       *       *       *       *       *       *

  (e) Management program approval and financial assistance may 
not be withdrawn under subsection (d), unless the Secretary 
gives the coastal [state] State notice of the proposed 
withdrawal and an opportunity for a public hearing on the 
proposed action. Upon the withdrawal of management program 
approval under this subsection (d), the Secretary shall provide 
the coastal [state] State with written specifications of the 
actions that should be taken, or not engaged in, by the [state] 
State in order that such withdrawal may be canceled by the 
Secretary.

           *       *       *       *       *       *       *


      walter b. jones excellence in coastal zone management awards

  Sec. 314. [(a) The Secretary shall, using sums in the Coastal 
Zone Management Fund established under section 308 and other 
amounts available to carry out this title (other than amounts 
appropriated to carry out sections 305, 306, 306A, 309, 310, 
and 315), implement a program to promote excellence in coastal 
zone management by identifying and acknowledging outstanding 
accomplishments in the field.]
  (a)(1) The Secretary may implement a program to promote 
excellence in coastal zone management by identifying and making 
awards acknowledging outstanding accomplishments in the field 
of coastal zone management. An award under this section shall 
be known as a ``Walter B. Jones Award''.
  (2) Awards under this section may include, subject to the 
availability of appropriations--
          (A) cash awards of not more than $5,000 each;
          (B) research grants; and
          (C) public ceremonies to acknowledge accomplishments 
        in the field of coastal zone management.
  (b) The Secretary [shall elect annually] may select annually 
for an award under this section--
          (1) * * *

           *       *       *       *       *       *       *

  (c) In making selections under subsection (b)(2) the 
Secretary shall solicit nominations from the coastal [states] 
States, and shall consult with experts in local government 
planning and land use.
  (d) In making selections under subsection (b)(3) the 
Secretary shall solicit nominations from coastal [states] 
States and the National Sea Grant College Program.
  [(e) Using sums in the Coastal Zone Management Fund 
established under section 308 and other amounts available to 
carry out this title (other than amounts appropriated to carry 
out sections 305, 306, 306A, 309, 310, and 315), the Secretary 
shall establish and execute appropriate awards, to be known as 
the ``Walter B. Jones Awards'', including--
          [(1) cash awards in an amount not to exceed $5,000 
        each;
          [(2) research grants; and
          [(3) public ceremonies to acknowledge such awards.]

               national estuarine research reserve system

  Sec. 315. (a) Establishment of the System.--There is 
established the National Estuarine Research Reserve System 
(hereinafter referred to in this section as the ``System'' that 
consists of--
          (1) each estuarine sanctuary designated under this 
        section as in effect before the date of the enactment 
        of the Coastal Zone Management Reauthorization Act of 
        1985; and
          (2) each estuarine area designated as a national 
        estuarine reserve under subsection (b).
Each estuarine sanctuary referred to in paragraph (1) is hereby 
designated as a national estuarine reserve. The purpose of each 
national estuarine reserve and of the System is to improve the 
understanding, stewardship, and management of coastal areas.
  (b) Designation of National Estuarine Reserves.--After the 
date of the enactment of the Coastal Zone Management 
Reauthorization Act of 1985, the Secretary may designate an 
estuarine area as a national estuarine reserve if--
          (1) the Government of the coastal [state] State in 
        which the area is located nominates the area for that 
        designation; and
          (2) the Secretary finds that--
                  (A) the area is a representative estuarine 
                ecosystem that is suitable for long-term 
                research and contributes to the biogeographical 
                and typological balance of the System;
                  (B) the law of the coastal [state] State 
                provides long-term protection for reserve 
                resources to ensure a stable environment for 
                research;
                  (C) designation of the area as a reserve will 
                serve to enhance public awareness and 
                understanding of estuarine areas, and provide 
                suitable opportunities for public education and 
                interpretation; and
                  (D) the coastal [state] State in which the 
                area is located has complied with the 
                requirements of any regulations issued by the 
                Secretary to implement this section.
An area designated under this section may include any part or 
all of an estuary and any island, transitional area, and upland 
in, adjoining, or adjacent to such estuary, that constitutes, 
to the extent feasible, a natural unit.

           *       *       *       *       *       *       *

  (e) Financial Assistance.--(1) The Secretary may, in 
accordance with such rules and regulations as the Secretary 
shall promulgate, make grants--
          (A) to a coastal [state] State--
                  (i) for purposes of acquiring such lands and 
                waters, and any property interests therein, as 
                are necessary to ensure the appropriate long-
                term management of an area as a national 
                estuarine reserve,
                  (ii) for purposes of operating or managing a 
                national estuarine reserve and constructing 
                appropriate reserve facilities, or
                  (iii) for purposes of conducting educational 
                or interpretive activities; and
          (B) to any coastal [state] State or public or private 
        person for purposes of supporting research and 
        monitoring within a national estuarine reserve that are 
        consistent with the research guidelines developed under 
        subsection (c).
  (2) Financial assistance provided under paragraph (1) shall 
be subject to such terms and conditions as the Secretary 
considers necessary or appropriate to protect the interests of 
the United States, including requiring coastal [states] States 
to execute suitable title documents setting forth the property 
interest or interests of the United States in any lands and 
waters acquired in whole or part with such financial 
assistance.

           *       *       *       *       *       *       *

  (4)(A) The Secretary may--
          (i) enter into cooperative agreements or contracts, 
        with, or make grants to, any nonprofit organization 
        established to benefit a national estuarine reserve, 
        authorizing the organization to solicit donations to 
        carry out projects, other than general administration 
        of the reserve or the System, that are consistent with 
        the purpose of the reserve and the System; and
          (ii) accept donations of funds and services for use 
        in carrying out projects, other than general 
        administration of a national estuarine reserve or the 
        System, that are consistent with the purpose of the 
        reserve and the System.
  (B) Donations accepted under this paragraph shall be 
considered as a gift or bequest to or for the use of the United 
States for carrying out this section.
  (f) Evaluation of System Performance.--(1) The Secretary 
shall periodically evaluate the operation and management of 
each national estuarine reserve, including coordination with 
State programs established under section 306, education and 
interpretive activities, and the research being conducted 
within the reserve.

           *       *       *       *       *       *       *


                     coastal zone management report

  Sec. 316. (a) The Secretary shall consult with the Congress 
on a regular basis concerning the administration of this title 
and shall prepare and submit [to the President for transmittal] 
to the Congress a report summarizing the administration of this 
title during each period of two consecutive fiscal years. Each 
report, which shall be transmitted to the Congress not later 
than April 1 of the year following the close of the biennial 
period to which it pertains, shall include, but not be 
restricted to (1) an identification of the [state] State 
programs approved pursuant to this title during the preceding 
Federal fiscal year and a description of those programs; (2) a 
listing of the [states] States participating in the provisions 
of this title and a description of the status of each [state's] 
State's programs and its accomplishments during the preceding 
Federal fiscal year; (3) an itemization of the allocation of 
funds to the various coastal [states] States and a breakdown of 
the major projects and areas on which these funds were 
expended; (4) an identification of any [state] State programs 
which have been reviewed and disapproved, and a statement of 
the reasons for such action; (5) a summary of evaluation 
findings prepared in accordance with subsection (a) of section 
312, and a description of any sanctions imposed under 
subsections (c) and (d) of section 312; (6) a listing of all 
activities and projects which, pursuant to the provisions of 
subsection (c) or subsection (d) of section 307, are not 
consistent with an applicable approved [state] State management 
program; (7) a summary of the regulations issued by the 
Secretary or in effect during the preceding Federal fiscal 
year; (8) a summary of a coordinated national strategy and 
program for the Nation's coastal zone including identification 
and discussion of Federal, regional, [state] State, and local 
responsibilities and functions therein; (9) a summary of 
outstanding problems arising in the administration of this 
title in order of priority; [(10) a description of the 
economic, environmental, and social consequences of energy 
activity affecting the coastal zone and an evaluation of the 
effectiveness of financial assistance under section 308 in 
dealing with such consequences; (11)] (10) a description and 
evaluation of applicable interstate and regional planning and 
coordination mechanisms developed by the coastal [states] 
States; [(12)] (11) a summary and evaluation of the research, 
studies, and training conducted in support of coastal zone 
management; and [(13)] (12) such other information as may be 
appropriate.

           *       *       *       *       *       *       *


                         rules and regulations

  Sec. 317. The Secretary shall develop and promulgate, 
pursuant to section 553 of title 5, United States Code, after 
notice and opportunity for full participation by relevant 
Federal agencies, [state] State agencies, local governments, 
regional organizations, port authorities, and other interested 
parties, both public and private, such rules and regulations as 
may be necessary to carry out the provisions of this title.

                    authorization of appropriations

  [Sec. 318. (a) There are authorized to be appropriated to the 
Secretary, to remain available until expended--
          [(1) for grants under sections 306, 306A, and 309--
                  [(A) $47,600,000 for fiscal year 1997;
                  [(B) $49,000,000 for fiscal year 1998; and
                  [(C) $50,500,000 for fiscal year 1999; and
          [(2) for grants under section 315--
                  [(A) $4,400,000 for fiscal year 1997;
                  [(B) $4,500,000 for fiscal year 1998; and
                  [(C) $4,600,000 for fiscal year 1999.]
  Sec. 318. (a) There are authorized to be appropriated to the 
Secretary, to remain available until expended--
          (1) for grants under section 305--
                  (A) $400,000 for fiscal year 2000; and
                  (B) $200,000 for each of fiscal years 2001, 
                2002, and 2003;
          (2) for grants under sections 306 and 309--
                  (A) $55,000,000 for fiscal year 2000;
                  (B) $56,000,000 for fiscal year 2001;
                  (C) $57,000,000 for fiscal year 2002;
                  (D) $58,000,000 for fiscal year 2003; and
                  (E) $59,000,000 for fiscal year 2004;
          (3) for grants under section 306A--
                  (A) $30,000,000 for fiscal year 2000;
                  (B) $32,500,000 for fiscal year 2001;
                  (C) $35,000,000 for fiscal year 2002;
                  (D) $40,000,000 for fiscal year 2003; and
                  (E) $45,000,000 for fiscal year 2004;
          (4) for expenses incidental to the administration of 
        this title and for awards under section 314, $6,500,000 
        for each of fiscal years 2000, 2001, 2002, 2003, and 
        2004;
          (5) for grants under section 315--
                  (A) $7,000,000 for fiscal year 2000;
                  (B) $8,000,000 for fiscal year 2001;
                  (C) $9,000,000 for fiscal year 2002;
                  (D) $10,000,000 for fiscal year 2003; and
                  (E) $11,000,000 for fiscal year 2004; and
          (6) for grants for construction projects at national 
        estuarine reserves designated under section 315, 
        $12,000,000 for each of fiscal years 2000, 2001, 2002, 
        2003, and 2004.
  (b) Federal funds received from other sources shall not be 
used to pay a coastal [state's] State's share of costs under 
section 306 or 309.
  [(c) The amount of any grant, or portion of a grant, made to 
a State under any section of this Act which is not obligated by 
such State during the fiscal year, or during the second fiscal 
year after the fiscal year, for which it was first authorized 
to be obligated by such State shall revert to the Secretary. 
The Secretary shall add such reverted amount to those funds 
available for grants under the section for such reverted amount 
was originally made available.]
  (c) The amount of any grant, or portion of a grant, made to a 
State under any section of this title that is not obligated by 
the State within 3 years after the date it is first authorized 
to be obligated by the State shall revert to the Secretary. The 
Secretary shall add such reverted amount to the funds available 
for grants to States under this title.
  (d) Federal funds allocated under this title may be used by 
grantees to purchase Federal products and services not 
otherwise available.
  (e) Of the amounts appropriated under subsection (a)(2), no 
less than 10 percent and no more than 15 percent may be used to 
carry out section 309.
  (f) In addition to amounts otherwise authorized by this 
title, there are authorized to be appropriated to the Secretary 
$1,000,000 for each of fiscal years 2000, 2001, 2002, and 2003 
for grants under section 306A for eligible coastal community 
conservation projects that would achieve either (or both) of 
the objectives set forth in paragraphs (6) and (7) of section 
306A(b).
  (g) Except for funds appropriated under paragraph (4) of 
subsection (a), 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.
  (h) In addition to the amounts otherwise authorized by this 
title, there are authorized to be appropriated to the Secretary 
$500,000 for each of fiscal years 2000, 2001, 2002, 2003, and 
2004 to provide financial assistance to the Barnegat Bay 
Personal Watercraft Task Force.

           *       *       *       *       *       *       *


SEC. 320. PROTECTION OF PRIVATE PROPERTY.

  The Secretary--
          (1) shall not require a State, as a condition of any 
        grant of funds under this title or the approval of a 
        State plan under section 306, to take any action that 
        would constitute a use of non-Federal property for a 
        public purpose without payment of just compensation; 
        and
          (2) shall not under this title take private property 
        for public use without payment of just compensation.
                              ----------                              


          SECTION 2 OF THE COASTAL ZONE PROTECTION ACT OF 1996

SEC. 2. FINANCIAL ASSISTANCE FOR DEVELOPMENT OF STATE COASTAL PROGRAMS.

  (a) * * *
  (b) Termination of Program.--
          (1) * * *
          [(2) Conforming amendments.--Section 308(b)(2)(B) of 
        the Coastal Zone Management Act of 1972 (16 U.S.C. 
        1457(b)(2)(B)) is amended--
                  [(A) in clause (iv) by adding ``and'' after 
                the semicolon;
                  [(B) by striking clause (v); and
                  [(C) by redesignating clause (vi) as clause 
                (v).]

           *       *       *       *       *       *       *


                            DISSENTING VIEWS

    As ordered reported by the subcommittee on Fisheries 
Conservation, Wildlife, and Oceans on August 5, 1999, H.R. 2669 
provided a straightforward reauthorization of the Coastal Zone 
Management Act (CZMA). The CZMA is popular with States and--
until this year--was noncontroversial in Congress; as recently 
as 1996, the House voted unanimously to reauthorize the 
program. Democrats on the Committee on Resources have 
consistently stated our commitment to pass a clean 
reauthorization bill this Congress. This position was 
reiterated in correspondence sent to Chairman Young dated July 
26 and September 21 (attached).
    During the October 6 Committee on Resources mark-up of the 
bill, Majority Members offered and prevailed on two 
amendments--one deleting authorizing language for States to 
begin implementation of their coastal nonpoint pollution 
control programs, and a second attaching a sweeping property 
rights provision that would require payment of compensation for 
any use of non-Federal land. According to initial analyses by 
the Department of Commerce, these amendments seriously 
undermine the integrity of the CZMA. As a result, this bill as 
amended is extremely controversial and should not become law.
    Pollution from diffuse, or nonpoint, sources--from urban 
streets and parking areas, agriculture, forest harvesting 
activities, marinas and boating activities, and dam or channel 
construction and maintenance--has become the number one problem 
in coastal areas. State programs have been developed--with $22 
million in Federal funds--to help address individual State 
concerns.
    Degraded water quality resulting from nonpoint sources of 
pollution directly impacts fisheries and the habitats that 
support robust fish populations, swimmers at our beaches and 
estuaries, and public health. The proportion of valuable 
shellfish beds that have been closed to harvesting due to 
coastal pollution increased 40 percent between 1966 and 1990.
    This has been a record year for beach closures. Visits to 
Los Angeles beaches have been cut in half since 1983 because 
people are worried about water quality and news stories suggest 
that public concerns are justified. Huntington Beach in Orange 
County, California--famous among surfers worldwide--was closed 
for swimming for much of this past summer because of high 
bacterial counts. Viruses from urban runoff have been 
discovered in coastal waters between Santa Barbara, California, 
and the Mexican border, with unknown effects on the people that 
use the resource.
    Nonpoint source pollution from the Mississippi River 
watershed has contributed to formation of a ``dead zone'' 
extending 7000 square miles within the Gulf of Mexico. 
Similarly, runoff flowing into waters along the U.S. East Coast 
leads to seasonally low oxygen and sometimes outbreaks of 
Pfiesteria--a microbe that induces lesions then death in fish 
and neurological disorders in humans. This Fall, several 
separate areas along the Florida coastline have been besieged 
by harmful algal blooms or ``red tides,'' causing fish kills 
and eye and respiratory irritation in beachgoers.
    The nonpoint pollution language in H.R. 2669 addressed 
water quality and could have triggered a sequential referral to 
the Committee on Transportation and Infrastructure. 
Nonetheless, given the magnitude of the nonpoint pollution 
problem nationwide, this program has become central to 
implementation of the Coastal Zone Management Act. Congress 
authorized the States to develop nonpoint pollution control 
programs in sec. 6217 of the Coastal Zone Act Reauthorization 
Amendments of 1990 (P.L. 101-508) because an existing nonpoint 
demonstration program under Section 319 of the Clean Water Act 
was not meeting the needs of coastal areas. Degraded coastal 
waters were an acute problem that needed concentrated efforts. 
This remains true today.
    During the markup, the Chairman argued for removal of the 
nonpoint language not on the basis of substance, but to prevent 
a referral to the Committee on Transportation and 
Infrastructure that could indeterminately delay floor 
consideration. However, the Speaker clearly has authority under 
the Rules of the House to limit the time under which a second 
Committee may consider a sequentially referred bill. There was 
no need to delete the crucial nonpoint source language for this 
reason.
    Ironically, after voting to remove the nonpoint source 
language, the Committee voted a adopt a property rights 
language offered by Mr. Pombo that was vigorously opposed by 
state and local governments, the Clinton Administration, 
environmental organizations and others, and whose inclusion in 
a final bill would prevent enactment of this measure. A views 
letter from the Department of Commerce dated October 6, 1999, 
declared that the Secretary of Commerce would recommend a 
Presidential veto should the property rights amendment be 
adopted.
    We oppose Mr. Pombo's property rights amendment on both 
substantive and procedural grounds. It will have a dramatic 
impact on implementation of the Coastal Zone Management Act and 
on application of the 5th Amendment's Takings Clause. The 
amendment prevents the Secretary of Commerce from requiring 
State plans to ``take any action that would constitute a use of 
non-Federal property for a public purpose without payment of 
just compensation.'' The word ``use'' applies to any activity--
not merely physical encroachment--on private property. It also 
lowers the standard from ``taking''--which implies substantial 
economic loss--to every ``use.'' This language greatly expands 
the scope of private property rights beyond the protections 
afforded by the U.S. Constitution.
    Taken literally, if grant approval conditions impose any 
restrictions on non-Federal property, payment of just 
compensation must occur in every case. The amendment would pre-
empt the standards currently applied to the Takings Clause by 
requiring compensation much more often than the 5th Amendment. 
The practical effect would be to nullify or inhibit state and 
local implementation of coastal programs and create 
disincentives for States to enforce provisions because 
compensation payments to property owners would quickly exceed 
the amount of Federal funding received by the State to 
implement its program.
    It is unfortunate that a non-controversial bill to 
reauthorize a successful and voluntary Federal-State 
partnership program has become burdened with highly 
controversial language that jeopardizes its enactment, while 
simultaneously stripped of the nonpoint source pollution 
provision that would enable states to address one of the most 
severe environmental problems confronting coastal zones. We 
cannot support the legislation in this form, but will 
vigorously support amendments on the floor to rectify these 
mistakes by the Committee.

                                   George Miller.
                                   Grace Napolitano.
                                   Rush Holt.
                                   Donna M. Christensen.
                                   Dale E. Kildee.
                                   Peter DeFazio.
                                   Tom Udall.
                                   Patrick J. Kennedy.
                                   Neil Abercrombie.
                                   Joseph Crowley.
                                   Ron Kind.
                                   Eni Faleomavaega.
                                   Carlos Romero Barcelo.
                                   Mark Udall.
                                   Frank Pallone, Jr.
                                   Adam Smith.
                                   Bruce F. Vento.
                                   Robert A. Underwood.
                                   Jay Inslee.

                          House of Representatives,
                                    Committee on Resources,
                                Washington, DC, September 21, 1999.
Hon. Don Young,
Chairman, House Committee on Resources, Longworth House Office 
        Building, Washington, DC.
    Dear Chairman Young: On July 26, 1999, sixty-six Democratic 
members of the House of Representatives sent a letter to you 
and Mr. Saxton, urging the Committee to consider legislation to 
reauthorize the Coastal Zone Management Act (CZMA) during this 
session of Congress.
    We were pleased that on August 5, 1999, Mr. Saxton 
responded to that request, and the Subcommittee on Fisheries 
Conservation, Wildlife, and Oceans approved an amended version 
of H.R. 2669. We support many of the provisions of Mr. Saxton's 
bill and hope that it will quickly be brought before the full 
Committee. We are particularly pleased that, as amended, H.R. 
2669 authorizes implementation of State coastal nonpoint 
pollution programs.
    Polluted runoff remains the largest unaddressed cause of 
impaired water quality along our coasts. A quick glance at 
recent press can attest to the dramatic negative impact runoff 
has on fisheries, recreation, and human health. The New York 
Times ran a story last week stating that farm runoff 
contributed to the largest E. coli outbreak in New York 
history. Similarly, the Los Angeles Times wrote that the famous 
surfing mecca--Huntington Beach in Orange County, California--
was closed for swimming this summer because of high bacterial 
counts. Viruses from urban runoff have been discovered in 
coastal waters between Santa Barbara, California, and the 
Mexico border with unknown effects on the people that use the 
resource. Runoff from the Mississippi River watershed may have 
deprived 7000 square miles within the Gulf of Mexico of the 
oxygen required to sustain marine life. Fishkills along the 
U.S. East Coast each summer are also attributed to runoff, 
resulting in oxygen depletion--or worse--Pfisteria, a microbe 
causing lesions in fish and neurological disorders in humans.
    With 30 percent of our gross national product linked to 
coastal activities, we can ill afford to ignore the problems 
caused by nonpoint source pollution. In 1990, Congress had the 
foresight to direct the States to develop nonpoint pollution 
control plans. To facilitate implementation of these plans, the 
States are still waiting for the program to be fully authorized 
within CZMA. Therefore, with this reauthorization, we must 
ensure that program funds can be used to improve water quality 
along our coasts. It would be irresponsible of Congress to 
ignore this very real threat to our fisheries, to swimmers at 
our beaches and estuaries, and to public health.
    On behalf of our nation's coastal constituencies, we urge 
you to expedite the Committee's consideration of CZMA 
reauthorization legislation. We thank you for your serious 
attention to this request, and we look forward to working with 
you to move H.R. 2996 through the Committee and bring it before 
the full House this session.
            Sincerely,
                    Representatives George Miller; Eni Faleomavaega; 
                            Neil Abercrombie; Donna Christensen; Joseph 
                            Crowley; Peter DeFazio; Rush Holt; Jay 
                            Inslee; Patrick Kennedy; Dale Kildee; Ron 
                            Kind; Grace Napolitano; Frank Pallone; Owen 
                            Pickett; Carlos Romero-Barcelo; Adam Smith; 
                            Mark Udall; Tom Udall; Robert Underwood; 
                            Bruce Vento.
                                ------                                  


                             Congress of the United States,
                                     Washington, DC, July 26, 1999.
Hon. Don Young,
Chairman, House Committee on Resources, Longworth House Office 
        Building, Washington, DC.

Hon. Jim Saxton,
Chairman, House Subcommittee on Fisheries Conservation, Wildlife, and 
        Oceans, O'Neill House Office Building, Washington, DC.
    Dear Chairman Young and Chairman Saxton: We are writing 
concerning a matter of critical importance to the coastal 
districts that we represent. Specifically, we request your 
leadership in expediting the committee's consideration of 
Coastal Zone Management Act (CZMA) reauthorization legislation.
    Over 60 percent of all Americans live within 50 miles of 
the ocean or one of the Great Lakes. The population density 
within the coastal areas that we represent is approximately 
four times the national average. Since population in these 
areas is expected to grow an additional 15 percent over the 
next two decades, we will confront substantial increases in the 
already considerable demands on our coastal resources. 
Moreover, sound management of these areas should be of national 
concern, given the fact that thirty percent of our gross 
national product can be linked to activities associated with 
our nation's shorelines.
    First enacted in 1972, the CZMA established a comprehensive 
program to manage the increasingly competitive uses of and 
impacts on our fragile coasts. It is unique among Federal 
programs in that it employs a voluntary, flexible framework to 
effectively coordinate all levels of government--Federal, 
state, and lcoal--to manage our valuable coastal resources. 
Today, 34 of 35 eligible states and territories participate in 
the CZM program--including Alaska and New Jersey--and 32 have 
implemented federally approved management plans. Successful 
implementation of management plans, however, depends upon 
continued availability of funding to sustain Federal and state 
technical expertise.
    As you know, the current CZMA authorization for 
appropriations expires at the end of fiscal year 1999. As 
evidenced by testimony heard from witnesses this spring in the 
Subcommittee on Fisheries Conservation, Wildlife, and Oceans 
and by Congress' near-unanimous votes for reauthorization of 
the program only 3 years ago, the CZMA has been both popular 
and successful. We are concerned that without action by the 
Committee on Resources, renewal of this statute becomes 
increasingly unlikely during this session of Congress. On 
behalf of our coastal constituencies, we urge you to expedite 
the Committee's consideration of CZMA reauthorization 
legislation. We thank you for your serious attention to this 
request, and we look forward to working with you on the timely 
reauthorization of this very important statute.
            Sincerely.
                                   Frank Pallone, Jr.,
                                           Co-Chair, Congressional 
                                               Coastal Caucus.
                                   George Miller,
                                           Ranking Minority Member, 
                                               Committee on Resources.
                                   Eni Faleomavaega,
                                           Ranking Minority Member, 
                                               Subcommittee on 
                                               Fisheries Conservation, 
                                               Wildlife, and Oceans.
    Also signed by 63 other Representatives.
                                ------                                

                                 The Secretary of Commerce,
                                 Washington, DC, November 10, 1999.
Hon. Dennis Hastert,
Speaker of the House of Representatives,
Washington, DC.
    Dear Mr. Speaker: I am writing to express the Department's 
views on H.R. 2669, entitled the Coastal Community Conservation 
Act of 1999, as amended at the House Resources Committee mark-
up on October 6, 1999. The Department strongly opposes H.R. 
2669, as amended. I would recommend that the President veto the 
bill if it is presented to him with the property rights 
amendment.
    The Department, therefore, respectfully urges you to pass 
H.R. 2669, but without the property rights amendment and with 
the Coastal Nonpoint Pollution Control Program provisions that 
were removed at the October 6 markup.
    The reauthorization of the Coastal Zone Management Act 
(CZMA) is of great importance to the Department and provides a 
unique opportunity to guide coastal and ocean resources 
management in the next century. H.R. 2669 contained important 
provisions that would help coastal States to address the severe 
impacts to the coastal zone from polluted runoff and would 
provide much needed support at the local level to revitalize 
coastal communities. These provisions, and the CZMA in general, 
have the support of the Department, the coastal States, local 
government groups, and the environmental community, as well as 
substantial bi-partisan support in Congress. In fact, the CZMA 
has had strong bi-partisan support for over 27 years and was 
unanimously reauthorized by the 104th Congress in 1996.
    The property rights amendment (introduced by Representative 
Richard Pombo) would require that in order for States to: (1) 
qualify for CZMA grants; (2) implement their Federally approved 
coastal management programs; or (3) use the CZMA Federal 
consistency requirements, they provide compensation for public 
``uses'' of property under a State's coastal management 
program, even if those uses do not rise to the level of a 
taking compensable under the Fifth and Fourteenth Amendments. 
The so-called Pombo amendment is an attempt to impede State and 
local government land use management and zoning by establishing 
the principle that any regulation of private property for 
public purposes, or ``uses,'' must be compensated by State and 
local governments.
    The Pombo amendment is not only directed at actions 
``required'' by the Secretary. The effectiveness of the CZMA is 
dependent on State and local government authority to protect 
the public's interest in the coastal zone for the benefit of 
all citizens. For example, State and local CZMA programs are 
effectively saving lives and property by protecting the coastal 
wetlands, beaches and dunes that are necessary for flood 
control, reducing polluted runoff, erosion control, storm 
protection, and sustaining the viability of commercial and 
recreational fisheries.
    To implement the CZMA, States develop Coastal Management 
Programs (CMPs) which are approved by the Secretary. The State 
CMPs contain State and local laws and other authorities. While 
participation in the national CZMA program is voluntary, once a 
State CMP is approved, to obtain CZMA funds and other CZMA 
benefits, States are required to implement their approved CMPs. 
If States do not implement the CMPs as approved, the Secretary 
may impose financial or program sanctions. Thus, the 
requirement for compensation under the Pombo amendment would 
apply to all State and local government actions taken pursuant 
to a State's CMP. The Pombo amendment would prevent States and 
local government from protecting the public's interest through 
zoning and other laws unless they pay each landowner for every 
land use and zoning decision, or refuse to participate in the 
CZMA.
    The Pombo amendment would, as a result and for all 
practical purposes, render the national and State CZMA programs 
non-existent and ineffective. Further, the amendment would 
subject the Department and the States to endless litigation and 
would place an enormous financial burden on the States, local 
governments, and the Federal Government. If this amendment is 
adopted, there would effectively no longer be a coastal 
management program in the United States as envisioned in the 
CZMA.
    We also continue to note that section 109(b) imposes a 
requirement on the Executive Branch that violates the 
Recommendations Clause of the Constitution. See U.S. Const., 
Art. II, Sec. 3. The Clause precludes Congress from either 
requiring the Executive Branch to make, or prohibiting the 
Executive Branch from making, legislative recommendations to 
Congress. The Department therefore recommends that section 
109(b) be amended by inserting the words: ``, if any,'' after 
the words ``House of Representatives draft legislation''.
    For similar reasons, which we understand are developed in 
more detail in a letter that the Department of Justice is 
submitting on H.R. 2669, the Department also recommends that 
section 109(a) be amended to clarify that Congress does not 
intend to compel the Secretary of Commerce to file a report 
containing policy recommendations in addition to technical 
information. Specifically, we suggest that the first sentence 
of section 109(a) be revised to require the Secretary of 
Commerce to submit a report that ``evaluates the possibility of 
using a common set of measurable outcome indicators to evaluate 
the effectiveness of State coastal zone management programs in 
achieving the coastal management objectives specified in 
section 303(2)(A) through (J) of the Coastal Zone Management 
Act of 1972 (16 U.S.C. 1452(A)-(J)), and, if the Secretary 
deems it appropriate, to recommend such a set of outcome 
indicators.''
    The Department also strongly recommends that H.R. 2669 
section 107(e), Restriction on Use of Amounts for Program, 
Administrative or Overhead Costs, be deleted. Section 107(e) 
states that except for funds appropriated under CZMA section 
318(a)(4), amounts appropriated shall be available only for 
grants to States and shall not be available for other programs, 
administrative or overhead costs. However, CZMA section 
318(a)(4), as revised by H.R. 2669 section 107(a), authorizes 
only $6.5 million for not only Walter B. Jones Awards for 
accomplishments in the field of coastal zone management (as 
proposed by H.R. 2669 section 105 amending CZMA section 314), 
but also for expenses incidental to the administration of the 
CZMA.
    This authorization for expenses incidental to the 
administration of the CZMA will only cover personnel and 
associated operational costs such as travel, supplies, 
equipment, etc. directly related to administration of the State 
coastal management program as well as the National Estuarine 
Research Reserve System. It does not cover other shared 
National Oceanic and Atmospheric Administration (NOAA) costs, 
such as grants administration, legal counsel, security, etc., 
that are just as necessary to support an effective program, but 
are more efficiently provided through a centralized source. 
When these corporate costs rise faster than can be supported 
through NOAA's administrative line item, they must be paid for 
somehow, and the most equitable way is by the programs that 
they support.
    The restriction as proposed in section 107(e) of H.R. 2669 
would severely hamper the flexibility required to equitably 
meet these necessary costs. The Department suggests that a 
sufficient amount of budget authority be added to the amount in 
CZMA subsection 318(a)(4) to cover these costs in future years. 
This would allow the entire amount of the section 306 grants to 
be awarded to the States, while still allowing NOAA to meet its 
necessary expenses.
    The Department also notes that the total authorization 
levels in H.R. 2669 section 107 should be amended to conform to 
the President's fiscal year 2000 budget request.
    The Office of Management and Budget has advised the 
Department that there is no objection to the submission of this 
letter to the Congress from the standpoint of the 
Administration's program.
            Sincerely,
                                                  William M. Daley.
                                ------                                  


                      U.S. Environmental Protection Agency,
                                  Washington, DC, November 4, 1999.
Hon. J. Dennis Hastert,
Speaker of the House of Representatives,
Washington, DC
    Dear Mr. Speaker: This letter provides you the 
Environmental Protection Agency's views on H.R. 2669, entitled 
the Coastal Community Conservation Act of 1999, to reauthorize 
the Coastal Zone Management Act of 1972 (CZMA). Although 
legislation to reauthorize and strengthen the CZMA would be of 
tremendous value, I believe that the bill as amended in the 
Committee on Resources would be a serious step backward for 
efforts to protect coastal waters. I would recommend that the 
President veto this legislation if it is enacted with the 
``takings'' amendment.
    By 2010, nearly one-half of the population in the United 
States will live in coastal regions that make up only 10 
percent our country's land area. The CZMA has been, and 
continues to be, essential to protecting coastal waters and 
estuaries. Coastal zone management programs complement and 
enhance the water quality and wetlands protection programs that 
EPA implements under the Clean Water Act. A strong and 
effective CZMA is essential to continued progress in reducing 
water pollution and restoring the health of coastal waters.
    I am especially concerned with the amendment offered by 
Congressman Pombo, and approved by the Committee. The amendment 
could be interpreted to require that coastal States, in order 
to obtain the benefits of participation in the coastal zone 
management program, adhere to an extremely broad requirement 
for compensation of coastal property owners who comply with 
coastal protection requirements. The benefits of participation 
in the CZMA program include federal funds, and a requirement 
that federal agencies comply with the provisions of State 
plans. The Administration recognizes the constitutional 
obligation to provide governmental compensation for ``takings'' 
consistent with current law and judicial decisions. The 
amendment approved by the Committee, however, could be 
interpreted to go far beyond constitutional requirements and 
thus could serve to undermine the current balance between the 
property rights of individuals and the rights of society more 
generally to promote the common good. Protecting the unique 
qualities of coastal areas and preventing impairment of our 
coastal waters are widely recognized as important goals. 
Enactment of the ``takings'' amendment could dramatically 
reduce the effectiveness of CZMA programs and put coastal 
waters at serious risk of degradation.
    In addition, H.R. 2669 as passed by the Committee removes 
authorization for funding for Section 6217, the Coastal 
Nonpoint Pollution Reduction Program, that was requested by the 
Administration. Currently, 29 coastal states and territories 
have conditionally approved coastal nonpoint source control 
programs. These programs are a critical element of our efforts 
to restore and protect coastal water quality.
    I look forward to working with you to resolve this 
important matter in a way that will protect our vital coastal 
waters.
            Sincerely,
                                                  Carol M. Browner.
                                ------                                

                               State of California,
                            Office of the Attorney General,
                                  Sacramento, CA, October 29, 1999.
Re Pombo amendment to H.R. 2669 (Reauthorization of Coastal Zone 
        Management Act).

California Congressional Delegation,
U.S. Capitol,
Washington, DC.
    Dear Members of the California Delegation: On behalf of the 
California Coastal Commission and in my capacity as Attorney 
General of the State of California, I write to express our 
strong opposition to amendments to H.R. 2669 which the House 
Resources Committee adopted at its October 6, 1999, markup of 
the bill. H.R. 2669 provides for the reauthorization of the 
Federal Coastal Zone Management Act (``CZMA''), and in general 
we are in support of this reauthorization. However, the 
Resources Committee amended H.R. 2669 to eliminate provisions 
regarding non-point source pollution control and water quality 
and to add a provision sponsored by Representative Pombo 
regarding restrictions on the use of private property. While we 
disagree with the deletion of the pollution and water quality 
provisions as a matter of policy, I write to specifically 
explain the basis for our objections to the proposed private 
property use amendment.
    As amended, H.R. 2669 would prevent the Secretary of 
Commerce from requiring a State ``as a condition of any grant 
of funds under this title or the approval of a State plan under 
section 306, to take any action that would constitute a use of 
non-Federal property for a public purpose without payment of 
just compensation.'' We understand that Representative Pombo 
has asserted this amendment would ensure that the states would 
respect private property rights by compensating owners for 
restrictions placed on the use of their property. This 
amendment represents an unwarranted federal intrusion into 
state land use regulation. As explained in greater detail 
below, it would greatly increase the exposure of coastal states 
to lawsuits for inverse condemnation, would seriously inhibit 
coastal planning and regulation, and represents an immense 
departure from both established ``takings'' jurisprudence and 
the very purpose and intent of the CZMA. For these reasons and 
the reasons stated below, we urge the House of Representatives 
to delete this amendment when the legislation is considered on 
the House floor. We additionally urge the Senate not to include 
similar language in its legislation reauthorizing the CZMA.
    In enacting the CZMA, Congress found and declared that it 
is the national policy to preserve, protect, develop and where 
possible, to restore or enhance the Nation's coastal zone for 
this and succeeding generations. To this end, Congress has 
encouraged and assisted the states in the development of 
coastal management programs which regulate coastal property, 
including private property. These coastal management programs 
serve a vital purpose. They insure protection of the Nation's 
coasts for tourism, commerce, fisheries, recreation, and 
resource management. Our coasts are a major economic engine, 
providing tourist dollars, jobs, port-related commerce and 
coastal industry. In the CZMA, Congress created a federal and 
state partnership for management of our coastal resources and 
coastal property. This partnership is now in serious jeopardy 
because of the Pombo amendment.
    Current takings jurisprudence holds that government may not 
restrict all reasonable economic use of property unless either 
background principles of state property law would not allow the 
proposed use or the proposed use would constitute a nuisance. 
(Lucas v. South Carolina Coastal Council (1992) 505 U.S. 1003.) 
Government may, however, impose restrictions on the use of 
property. These restrictions may be in the form of conditions 
requiring exactions of property or fees where there is a 
sufficient nexus between the impacts of the project and the 
condition sought to be imposed and where the condition would 
further legitimate state interests. (Nollan v. California 
Coastal Commission (1987) 483 U.S. 825.) Further, such 
conditions must be roughly proportional to the impacts of the 
project. (Dolan v. City of Tigard (1994) 512 U.S. 374.) Aside 
from such exactions, the United States Supreme Court never has 
found that a mere restriction on the use of property alone for 
a public purpose would constitute a taking. To the contrary, 
long established case law holds that restrictions on the use of 
property for a public purpose are valid where the property 
otherwise retains a reasonable use. For example, restrictions 
on aesthetics, such as landscaping requirements and limitations 
on building color, set back requirements, prohibitions on the 
filling of wetlands or other sensitive resources, and similar 
restrictions which serve a public purpose and still allow a use 
of the private property have all been found to be legitimate 
and to pass constitutional muster. (Euclid v. Amber Realty 
(1926) 272 U.S. 365; Concrete Pipe & Prods. v. Const. Laborers 
Pension Trust (1993) 508 U.S. 624; United States v. Riverside 
Bayview Homes (1985) 474 U.S. 121.) Such regulations are 
intended to protect communities and the quality of life enjoyed 
by their inhabitants as well as the Nation's resources, and as 
such they benefit all property owners.
    The amendment goes too far, and it is unnecessary. As 
Representative Pombo interprets his amendment, it imposes far 
greater restrictions on government regulation of private 
property than the Takings Clause of the Constitution because it 
would require compensation for all restrictions on the use of 
private property. As noted above, the Supreme Court has never 
interpreted the Takings Clause to require compensation in this 
manner. Moreover, the states already must conform their 
regulatory activities to the Takings Clause of the 
Constitution, as interpreted and applied by the Supreme Court. 
No justification has been provided to show why it is necessary 
for Congress to impose restrictions on the states which go 
beyond the Supreme Court's Takings Clause jurisprudence.
    At a minimum, the amendment will engender confusion because 
its bounds are not at all clear. While an expansive 
interpretation of the amendment has been asserted, the actual 
language might be read in a more narrow fashion. This lack of 
clarity in the language necessarily creates a huge amount of 
ambiguity and that ambiguity will generate litigation in which 
the courts will have to attempt to determine the scope of the 
language. The states should not be forced to bear the brunt of 
such confusion or of the costly litigation which will follow 
especially when the Supreme Court has already provided 
standards in this area.
    This type of legislation also is contrary to accepted 
principles of federalism. The Pombo amendment attempts to move 
beyond accepted constitutional restrictions to dictate or 
control the states' ability to regulate coastal property within 
their borders. This federal intrusion into the purview of the 
states should not be authorized. The federal-state partnership 
long fostered by the CZMA should be continued without this 
unwarranted intrusion into states' rights.
    We strongly support the CZMA and the cooperative 
relationship between the federal government and the states 
which it has fostered. The Pombo amendment places both the CZMA 
and that cooperative relationship at risk. Thus, we urge the 
California members of the House of Representatives to do all 
that they can to insure that the amendment is removed from H.R. 
2669. We further urge Senators Feinstein and Boxer to do all 
that they can to insure that the Senate version of CZMA 
reauthorization does not include the proposed Pombo language.
            Sincerely,
                                              Bill Lockyer,
                                                  Attorney General.
                                ------                                

                               Coastal States Organization,
                                   Washington, DC, October 5, 1999.
Hon. George Miller,
Committee on Resources, House of Representatives,
Washington, DC.
    Dear Representative Miller: On Wednesday, October 6th, the 
House Resources Committee is scheduled to consider H.R. 2669, 
the Coastal Community Conservation Act of 1999. This bill would 
amend and reauthorize the Coastal Zone Management Act of 1972 
(CZMA). The CZMA sets forth a federal-state partnership to 
protect and restore the nation's coastal resources by providing 
a flexible framework for states to develop programs that 
support a wide range of environmental and economic objectives. 
The CZMA is unique in providing that states set the priorities 
consistent with the broad national goals set out in the Act. I 
urge you to support H.R. 2669, report the bill out of the 
Resources Committee, and urge passage of CZMA reauthorization 
this year.
    States with approved coastal management programs are 
eligible to receive federal assistance, matched by the states, 
to help implement and enhance their CZM programs. In addition, 
Federal activities must be consistent with state coastal zone 
management policies. The CZMA also authorizes the National 
Estuarine Research System--a network of estuarine areas 
protected for research, monitoring and environmental education. 
These programs have been instrumental in assisting coastal 
states to balance the many competing uses of resources in the 
coastal zone.
    We understand that an amendment may be offered to address 
protection of private property rights. While coastal Governors 
believe that government decision-makers should carefully 
evaluate the effect of their actions on Constitutionally 
protected private property, they also believe that the 
interpretation of the so-called ``takings'' clause of the U.S. 
Constitution is the province of the Courts. CSO opposes any 
amendment that would limit or interfere with legitimate state 
and local government coastal management, land use or regulatory 
authority, or otherwise undermine the state prerogatives that 
are the basis of the federal-state CZMA partnership.
    Please call me with any questions you may have or further 
information. Thank you for your consideration.
            Sincerely,
                                            Tony MacDonald,
                                                Executive Director.
                                ------                                

                             California Coastal Commission,
                               San Francisco, CA, October 28, 1999.
Re Representative Saxton amendments to Federal Coastal Zone Management 
        Act (CZMA) Reauthorization Bill H.R. 2669.

Hon. George Miller,
House of Representatives,
Washington, DC.
    Dear Congressman Miller: On behalf of the California 
Coastal Commission, I respectfully request your support for 
amendments to be offered by Representative Jim Saxton to H.R. 
2669 that would delete two provisions added by the Resources 
Committee at the request of Representative Pombo.
    Specifically, Mr. Saxton's amendment would reinstate vital 
provisions that help coastal states deal with polluted runoff 
that is the major cause of ocean water contamination. His 
amendment would also delete a provision that threatens to 
cripple state coastal management programs by creating a new 
cause of action for coastal property owners to sue state and 
local governments over coastal land use decisions. Since its 
initial enactment in 1972, the CZMA has achieved a remarkable 
record of success around the country. Its reauthorization is 
vital to all coastal states and coastal local governments who 
have worked closely with our federal partners to protect 
coastal resources for the benefit of current and future 
generations. In our view, the unfortunate insertion of the two 
provisions to H.R. 2669 in Committee has fatally flawed the 
bill.
    Please contact your House Leadership colleagues in support 
of Representative Saxton's attempts to move the bill to the 
Floor under an open rule, and then urge your fellow members to 
support his proposed amendments. If you or your staff have any 
questions, please give me a call.
            Sincerely,
                                          Peter M. Douglas,
                                                Executive Director.
                                ------                                

                          National Association of Counties,
                                                   October 5, 1999.
    Dear Representative Miller: The National Association of 
Counties (NACo) would like to express our views concerning an 
amendment to the Coastal Zone Management Act (CZMA) that may 
come before the Committee on Resources tomorrow. NACo strongly 
supports HR 2669 that reauthorizes the CZMA through FY 2005. We 
particularly support the new Coastal Community Conservation 
Grants program that would provide additional revenues to local 
governments for managing coastal areas. Because of the CZMA, 
county governments in coastal areas have been able to manage 
natural resources, protect public health and safety, and guide 
sustainable growth and development.
    We understand that passage of the bill by the Committee on 
Resources may be threatened by the introduction of a takings/
private property rights amendment. The amendment would prohibit 
the CZMA from placing ``restrictions on commercial or private 
use of private property'' within a coastal area. This language 
is extremely broad, potentially barring a local government 
receiving a coastal grant from applying a local ordinance or 
safety regulation on any type of private property for any 
reason.
    Such an amendment would, we believe, prevent slates, 
counties and other local governments from controlling damaging 
pollutants from entering estuaries through stormwater runoff, 
providing public access to coastal waters and controlling 
overdevelopment in delicate tidal plains and flood-prone areas. 
It could also prevent local governments from protecting public 
safety, for example by prohibiting a county from temporarily 
barring access to a private beach or commercial area while 
dangerous marine debris from a hurricane is removed.
    We urge you to please make every effort to attend the 
Committee markup of HR 2669, resist any property rights 
amendments to the bill, and allow the CZMA to continue to 
protect our coastal communities.
            Very truly yours,
                                            Larry E. Naake,
                                                Executive Director.
                                ------                                

        Center for Marine Conservation, American Oceans 
            Campaign, Clean Ocean Action, Coast Alliance, 
            Chesapeake Bay Foundation, Natural Resources 
            Defense Council,
                                                 September 1, 1999.
Hon. George Miller,
Ranking Minority Member, Committee on Resources, House of 
        Representatives, Washington, DC.
    Dear Representative Miller: The House Resources Committee 
will soon be taking up Chairman Saxon's bill to reauthorize the 
Coastal Zone Management Act (H.R. 2669). We urge you to approve 
this bill and send it to the House floor as soon as possible to 
help communities develop local solutions to the nation's 
leading cause of water pollution--polluted runoff.
    According to data from the states, polluted runoff--or 
nonpoint source pollution--accounts for more than 60% of water 
quality impairment including runoff from crops, grazing and 
feedlots.
    A recent three-part series in the Washington Post 
(enclosed) notes that more than 600 million chickens are raised 
along Eastern Shore of the Chesapeake Bay, turning out more 
than 750,000 tons of manure--more waste than produced by a city 
of 4 million people! This waste contains high concentrations of 
nitrogen and phosphorous and is washed into the Chesapeake Bay, 
depleting oxygen levels, causing algal blooms, killing 
seagrasses, fish and shellfish, and ruining local economies. 
Scientists also suggest that a toxic microbe called Pfiesteria, 
which makes people sick and kills hundreds of thousands of 
fish, feeds on the excess nitrogen and phosphorous produced 
from the overabundant chicken waste.
    Some states are taking action to prevent the over-
application of chicken manure, and reduce the quantities of 
nitrogen and phosphorous entering stressed water bodies. But 
they need help. It is time for the federal government to step 
up to the plate.
    Chairman Saxton's CZMA reauthorization bill (H.R. 2669) 
addresses the economic and environmental problems caused by 
polluted runoff. It incorporates state coastal nonpoint 
pollution control programs into the CZMA, makes such programs 
eligible for funding under the CZMA, and ensures that funds are 
dedicated to implementing nonpoint control programs.
    Please take a moment to review the enclosed articles on the 
number one threat to our nation's water quality, and support 
H.R. 2669 to reauthorize the CZMA and the coastal nonpoint 
pollution control program. If you have any questions you can 
contact the following persons: Tim Eichenberg, Center for 
Marine Conservation; Kelli McGee, American Oceans Campaign; 
Jackie Savitz, Coast Alliance.
    Thank you for your support.
            Sincerely,
                    Tim Eichenberg, Center for Marine Conservation, 
                            Washington, DC; Jackie Savitz, Coastal 
                            Alliance, Washington, DC; Sarah Chasis, 
                            Natural Resources Defense Council, New 
                            York, NY; Barbara Jeanne Polo, American 
                            Oceans Campaign, Washington, DC; Cindy 
                            Zipf, Clean Ocean Action, Sandy Hook, NJ; 
                            Dr. Michael Hirshfield, Chesapeake Bay 
                            Foundation, Annapolis, MD.

                          A P P E N D I C E S

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