[Senate Report 106-412]
[From the U.S. Government Publishing Office]
Calendar No. 803
106th Congress Report
SENATE
2d Session 106-412
_______________________________________________________________________
COASTAL ZONE MANAGEMENT ACT OF 2000
__________
R E P O R T
OF THE
COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
on
S. 1534
September 14, 2000.--Ordered to be printed
__________
U.S. GOVERNMENT PRINTING OFFICE
79-010 WASHINGTON : 2000
SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
one hundred sixth congress
second session
JOHN McCAIN, Arizona, Chairman
TED STEVENS, Alaska ERNEST F. HOLLINGS, South Carolina
CONRAD BURNS, Montana DANIEL K. INOUYE, Hawaii
SLADE GORTON, Washington JOHN D. ROCKEFELLER IV, West
TRENT LOTT, Mississippi Virginia
KAY BAILEY HUTCHISON, Texas JOHN F. KERRY, Massachusetts
OLYMPIA SNOWE, Maine JOHN B. BREAUX, Louisiana
JOHN ASHCROFT, Missouri RICHARD H. BRYAN, Nevada
BILL FRIST, Tennessee BYRON L. DORGAN, North Dakota
SPENCER ABRAHAM, Michigan RON WYDEN, Oregon
SAM BROWNBACK, Kansas MAX CLELAND, Georgia
Mark Buse, Staff Director
Ann H. Choiniere, General Counsel
Kevin D. Kayes, Democratic Staff Director
Moses Boyd, Democratic Chief Counsel
Gregg Elias, Democratic General Counsel
Calendar No. 803
106th Congress Report
SENATE
2d Session 106-412
======================================================================
COASTAL ZONE MANAGMENT ACT OF 2000
_______
September 14, 2000.--Ordered to be printed
_______
Mr. McCain, from the Committee on Commerce, Science, and
Transportation, submitted the following
R E P O R T
[To accompany S. 1534]
The Committee on Commerce, Science, and Transportation, to
which was referred the bill (S. 1534), to reauthorize the
Coastal Zone Management Act of 1972, having considered the
same, reports favorably thereon with an amendment in the nature
of a substitute and recommends that the bill (as amended) do
pass.
Purpose of the Bill
S. 1534, as amended, reauthorizes the Coastal Zone Management
Act of 1972 (CZMA). The bill authorizes funding for fiscal
years 2000 to 2004 for the Coastal Zone Management Program
established under the Coastal Zone Management Act. This program
is a unique Federal-State partnership that allows day-to-day
coastal management decisions to be made at the state level in
the 33 states and territories with federally approved coastal
management programs. S. 1534, as amended, makes a variety of
improvements to the framework of the Coastal Zone Management
Program to help states address the growing problems resulting
from increasing pressures on their coastal regions and
resources. S. 1534, as amended, establishes the Coastal
Community Program, to encourage community-based solutions to
coastal development-related problems and impacts on coastal
resources. The bill also provides funding to the states to
address coastal nonpoint source pollution.
Background and Needs
In response to concerns about threats to coastal resources
posed by a growing population and increasing development
activities in coastal areas, Congress enacted the Coastal Zone
Management Act (CZMA) in 1972. The bill established the Coastal
Zone Management Program, a voluntary Federal-State partnership
to manage the coastal zone, and a National Estuarine Research
Reserve System (NERRS). Both are administered by the National
Oceanic and Atmospheric Administration (NOAA). The program was
designed to strike a balance between conserving and maintaining
healthy coastal ecosystems and providing for the sustainable
development and use of coastal resources.
Today, the Coastal Zone Management Act continues to play a
critical role in managing the multiple uses of coastal
resources and meeting the needs of growing coastal communities
in the United States as the pressures on them continue to
increase. Although the coastal zone comprises only 10 percent
of the contiguous United States land area, it is the home for
more than 53 percent of the United States population. The
coastal zone is expected to support 75 percent of the United
States population by the year 2025. Additionally, over 3,600
new people move to coastal areas every day. United States
coastal regions are very important areas for commerce,
providing more than 90 percent of the transportation routes for
international trade. Coastal fisheries resources are another
valuable component of the coastal zone. In 1998, commercial
fishermen landed 9 billion pounds of fish with a dockside value
of $3.1 billion. Value-added services brought the total
commercial fishing contribution to the U.S. economy up to $40
billion. Recreational fishermen added another $25 billion to
the economy. Coastal tourism and recreation are also making a
large economic contribution, with more than 180 million
Americans visiting coastal regions annually. Coastal tourism
accounts for 85 percent of the $700 billion travel and tourism
industry.
The Coastal Zone Management Act created a voluntary
assistance program under which the states are encouraged to
exercise their authorities over the coastal zone through the
development and implementation of management plans. In order to
participate in the program, states must design, and the
Secretary of Commerce must approve, a comprehensive coastal
zone management plan. Once the state program has been approved,
all subsequent federal actions are required to be consistent
with state policies under the plan. Federal actions include the
issuance of federal approvals for activities in the coastal
zone, such as Outer Continental Shelf leasing licenses and any
Federal permits. This provision is generally referred to as the
Federal consistency requirement. Federal consistency gives
states a powerful tool to help them identify and address the
impacts of the Federal government's actions on their resources,
and serves as a strong incentive for states to join the
voluntary national coastal management program.
The Coastal Zone Management Act provides financial assistance
to participating states through several grant programs. While
each state tailors its management plan to meet its specific
needs, section 306 of the Act provides each participating state
with a base program grant. The section 306 Administrative Grant
is the primary funding mechanism for the state coastal
management programs, and requires a 1-to-1 state match. The
section 306 base program grant is allocated through a formula
that takes into account the state's coastline and population.
However, since 1992, a $2 million dollar cap per state has been
set by the Appropriations Committee in order to try to ensure
equitable allocation of grant funds to all participating
states. Since this cap was established, appropriations have
increased by $19 million. As a result, in FY 2000, 13 states
with the largest coastlines and populations (AK, CA, FL, LA,
ME, MD, MA, MI, NJ, NY, TX, VA, and WA) were at the $2 million
cap. The Committee will continue to work with NOAA, the coastal
states, and the Appropriations Committee to resolve this issue
so that funding allocations are made in a manner equitable to
all coastal states.
The Resource Management Improvement Grants (section 306A) are
intended to help coastal states making satisfactory progress on
implementing their coastal plans to preserve or restore
specific coastal areas. These grants also have a 1-to-1
matching requirement. Some states may choose to allocate a
portion of their Administrative Grant (section 306) monies to
fund Improvement Grants under section 306A. These grants can be
used to fund projects such as the preservation or restoration
of coastal assets, redevelopment of urban waterfronts and
ports, access to public beaches, inventories of coastal assets,
and establishment of guidelines for coastal zone uses. Section
306A grants may also be used for land acquisition,
construction, rehabilitation, or education projects.
The Coastal Zone Management Fund (section 308) provides
grants to states for a variety of activities, including
regional and interstate projects, demonstration projects, and
emergency grants. This fund receives repayments for loans made
to states from the long defunct Coastal Energy Impact
Assistance Loan Program, which originally helped states offset
impacts from the development of offshore energy resources. As
the repayments from states have declined, the balance of the
fund has also declined. The fund is expected to receive its
last payment within four years. Current law allows the fund to
be used for Federal program administration costs, so monies in
this fund are being used by the NOAA Office of Ocean and
Coastal Resources to pay for some of the expenses incurred
administering the Coastal Zone Management Act program.
The Coastal Zone Enhancement Grant Program (section 309)
provides participating states grants to strengthen their
program framework. Grants are utilized for projects such as
wetlands protection and restoration, protection from coastal
hazards, and reduction of marine debris along the coast. These
grants are awarded based on a review of state programs. Current
law requires that the Secretary set aside 10 to 20 percent of
the section 306 funds for section 309 grants, up to a maximum
of $10 million. The Secretary has all participating states set
aside the same percentage of their section 306 funding. In FY
2000, the full $10 million was set aside. No state match is
required.
Section 310 authorizes a Federal technical assistance program
for participating states to support development and
implementation of Coastal Zone Management Act authorized
activities.
The Coastal Zone Management Act also provides for the
establishment and operation of the National Estuarine Research
Reserve System (NERRS) in section 315. These reserves are part
of a national system of protected areas administered by NOAA,
but the states operate the individual reserves. This
cooperative Federal-State program provides opportunities for
long-term research, education, and nature interpretation in the
country's coastal regions and estuaries. Currently, there are
25 research and educational reserves in 22 states and
territories.
Legislative History
On May 6, 1999, the Subcommittee on Oceans and Fisheries
conducted a hearing on the Coastal Zone Management program.
Testimony was provided by Terry D. Garcia, Assistant Secretary
of Commerce for Oceans and Atmosphere and Deputy Administrator
of NOAA; Sarah W. Cooksey, President, Coastal States
Organization; Tim Eichenberg, Counsel, Center for Marine
Conservation; David Keeley, Maine State Planning Office; and
Dr. Sylvia Earle, National Geographic Explorer-in-Residence,
National Geographic Society.
S. 1534 was introduced on August 5, 1999, by Senators Snowe
and McCain and referred to the Committee on Commerce, Science,
and Transportation. On June 15, 2000, the bill was considered
by the Committee in an open executive session. Senators Snowe
and Kerry offered an amendment in the nature of a substitute
and the Committee, without objection, ordered S. 1534 reported
as amended.
Summary of Major Provisions
S. 1534, as amended, reauthorizes the Coastal Zone Management
Act through FY 2004. The bill authorizes $119.5 million in FY
2000, $135.5 million in FY 2001 and increases the authorization
levels by $5 million each year thereafter to $150.5 million in
FY 2004. S. 1534, as amended, also broadens the objectives for
which the Secretary of Commerce may allocate funds, providing
states with the option of using funds for restoration and
preservation of coastal habitats, as well as the continued
implementation of the states' coastal nonpoint source pollution
plans.
S. 1534, as amended, establishes a new program under section
309A, the Coastal Community Program. The purpose of this
program is to increase Federal and State support of local,
community-based environmentally protective planning,
strategies, and solutions to address the impact of development
and sprawl on coastal resources. Eligible projects would
include those to revitalize previously developed areas,
undertake conservation activities and projects in undeveloped
and environmentally sensitive areas, emphasize water dependent
uses, and protect coastal waters and habitats. S. 1534, as
amended, authorizes $25 million for section 309A in FY 2000 and
increases funding levels by $1 million per year until funding
reaches $29 million in FY 2004.
Currently, many states conduct programs to mitigate nonpoint
source pollution (NPS), or polluted runoff, using existing
section 306, 306A, and 309 grants. Despite these efforts,
polluted runoff continues to be one of the most serious
problems facing coastal areas. Although no further
authorization is necessary for continued NPS control activities
under the Act, S.1534, as amended, encourages states to take
additional steps to address polluted runoff by directing
specific funding to coastal NPS programs through the coastal
communities initiative (section 309A). Each year, $10 million
or 35 percent of section 309A funding, whichever is less, will
be made available for state-developed and community-based
polluted runoff prevention and control activities. This
nonpoint source provision will not negatively impact base grant
programs, does not create any new NPS programs, and allows the
states to maintain the existing flexibility under the Coastal
Zone Management Act to deal with local NPS pollution problems.
The funding made available through this provision will be used
to assist coastal communities to coordinate and implement
approved coastal nonpoint pollution control strategies and
measures.
Due to the declining amounts in the Coastal Zone Management
Fund (section 308), S. 1534, as amended, transfers loan
repayments from the Coastal Energy Impact Assistance Loan
Program to the NOAA Operations, Research and Facilities
account, and deletes the obsolete annual section 308 reporting
requirement. S. 1534, as amended, also provides a new
authorization line of $5.5 million specifically for CZM Program
administration.
Section 310, Technical Assistance, requires the Secretary to
conduct a technical assistance program to support the
development and implementation of State coastal management
programs. S. 1534, as amended, authorizes the Secretary to
conduct a cooperative program to apply innovative technologies
to the coastal zone.
S. 1534, as amended, also clarifies and strengthens section
315, the National Estuarine Research and Reserve System (NERRS)
to include training, education and stewardship concepts. This
bill authorizes $7 million for NERRS in FY 2000, $12 million in
FY 2001, and increases authorization levels by $500,000 each
year to $13.5 million in FY 2004. S. 1534, as amended, also
authorizes $12 million for each fiscal year from FY 2000 to FY
2004 for construction projects at the estuarine research
reserves.
Estimated Costs
In accordance with paragraph 11(a) of rule XXVI of the
Standing Rules of the Senate and section 403 of the
Congressional Budget Act of 1974, the Committee provides the
following cost estimate, prepared by the Congressional Budget
Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, July 14, 2000.
Hon. John McCain,
Chairman, Committee on Commerce, Science and Transportation, U.S.
Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 1534, the Coastal
Zone Management Act of 2000.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Deborah Reis.
Sincerely,
Barry B. Anderson
(For Dan L. Crippen, Director).
Enclosure.
S. 1534--Coastal Zone Management Act of 2000
Summary: S. 1534 would amend the Coastal Zone Management
Act of 1972 (CZMA), which governs federal and state
environmental management of coastal areas. The bill would
extend the authorization of appropriations for stage grants and
other coastal zone management programs administered by the
National Oceanic and Atmospheric Administration (NOAA). S. 1534
would authorize appropriations totaling about $136 million for
fiscal year 2001 and $575 million over the 2001-2005 period.
Assuming appropriation of the authorized amounts, CBO
estimates that the federal government would spend about $20
million in fiscal year 2001 and a total of $500 million over
the 2001-2005 period on programs authorized by S. 1534. (About
$75 million would be spent after fiscal year 2005.) 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.
S. 1534 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 S. 1534 is shown in the following table.
The costs of this legislation fall within budget function 300
(natural resources and environment).
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
-----------------------------------------------
2000 2001 2002 2003 2004 2005
----------------------------------------------------------------------------------------------------------------
SPENDING SUBJECT TO APPROPRIATION
Spending Under Current Law:
Budget Authority \1\........................................ 68 0 0 0 0 0
Estimated Outlays........................................... 70 24 7 2 0 0
Proposed Changes:
Estimated Authorization Level............................... 0 136 141 146 152 0
Estimated Outlays........................................... 0 20 84 125 141 130
Spending Under S. 1534:
Estimated Authorization Level \1\........................... 68 136 141 146 152 0
Estimated Outlays........................................... 70 44 91 127 141 130
----------------------------------------------------------------------------------------------------------------
\1\ The level is the amount appropriated to NOAA for that year for CZMA programs.
Basis of estimate: For this estimate, CBO assumes that S.
1534 will be enacted near the end of fiscal year 2000 and that
the entire amounts authorized will be appropriated for each
fiscal year. The estimated authorization level for each year
includes the amounts specified in the bill for grants made
under the CZMA, plus an estimated $6 million for NOAA
administrative costs (for which the bill would authorize the
appropriation of whatever amounts are necessary). Outlays are
based on historical spending patterns of CZMA programs.
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. S. 1534
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
both the donations and resulting spending would be less than
$500,000 annually.
Intergovernmental and private-sector impact: S. 1534
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. On October 21, 1999, we
transmitted a cost estimate for H.R. 2669, the Coastal
Community Conservation Act of 1999, as ordered reported by the
House Committee on Resources on October 6, 1999. These bills
would authorize the appropriation of different amounts of
money, and the three cost estimates reflect those differences.
Estimate prepared by: Federal Costs: Deborah Reis. Impact
on State, Local, and Tribal Governments: Marjorie Miller.
Impact on the Private Sector: Jean Wooster.
Esimate approved by: Peter H. Fontaine, Deputy Assistant
Director for Budget Analysis.
Regulatory Impact Statement
In accordance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee provides the
following evaluation of the regulatory impact of the
legislation, as reported:
S. 1534, as amended, establishes a new program under section
309A of the Coastal Zone Management Act, the Coastal Community
Program. The purpose of this program is to increase Federal
andState support of local, community-based environmentally protective
planning, strategies, and solutions to address the impact of
development and sprawl on coastal resources. Because the Coastal
Community Program is designed within the framework of existing grant
programs under the Coastal Zone Management Act, the legislation will
have nominal additional regulatory impact and will result in no
additional reporting requirements.
number of persons covered
S. 1534, as amended, authorizes a Federal-State matching
grant program to assist states in coastal management projects.
The reported bill authorizes grants to administer state
programs, preserve or restore specific coastal areas, complete
coastal enhancement projects and support National Estuarine
Research Reserve System (NERRS). The legislation will have
little, if any, further effect on the number or types of
individuals and businesses regulated.
economic impact
The legislation will have little, if any, further effect on
the economic impact of such regulation.
privacy
The reported bill would have little, if any, impact on the
personal privacy of U.S. citizens.
paperwork
S. 1534, as amended, should not significantly increase
paperwork requirements for individuals and businesses.
Section-by-Section Analysis
Section 1. Short title
This section of the reported bill cites the short title of
the bill as the ``Coastal Zone Management Act of 2000.''
Sec. 2. Amendment of Coastal Zone Management Act
This section of the reported bill specifies that amendments
shall be applied to the Coastal Zone Management Act of 1972 (16
U.S.C. 1451 et seq.).
Sec. 3. Findings
This section of the reported bill amends section 1451 of
title 16, United States Code, to modify the findings, update
emerging issues and reflect the need for Federal and State
support of local community-based comprehensive planning and
solutions to local problems. It also notes the need to increase
local and state capacity to identify public infrastructure and
open space needs, to develop and implement plans that provide
for sustainable growth, resource and habitat protection, and
community revitalization.
Sec. 4. Policy.
This section of the reported bill amends congressional policy
in section 1452 of title 16, United States Code, to indicate
support for the National Estuarine Research Reserve System
(NERRS) and to encourage the use of innovative coastal and
environmental technologies and techniques in the coastal zone
for the long-term conservation of coastal ecosystems.
Sec. 5. Changes in definitions
This section of the reported bill amends section 1453 of
title 16, United States Code, to modify the definitions in the
Act. The changes clarify the terms ``estuarine reserve,''
``coastal nonpoint pollution control strategies and measures,''
``qualified local entity,'' and indicate that coastal state no
longer includes the trust territories of the Pacific Islands,
that is the now independent nation of Palau.
Sec. 6. Reauthorization of management program development grants
This section of the reported bill amends section 1454 of
title 16, United States Code, to re-instate the authorization
for grants to the remaining states without approved coastal
management programs to complete such program development during
FY 2000 to FY 2004. Grants may not exceed $200,000 per year.
Sec. 7. Reauthorization of administrative grants
This section of the reported bill amends section 1455(a) of
title 16, United States Code, to reauthorize the base
administrative grant program and clarifies that coastal
nonpoint pollution control programs are eligible for grants
under this section. This section also addresses this issue of
equitable allocation of funding to all participating states and
territories.
Sec. 8. Coastal Resources Improvement Program
This section of the reported bill amends section 1455(a) of
title 16, United States Code, to define the term ``qualified
local entity.'' Section 8 also authorizes the Secretary to
allocate funds to states for restoration and preservation of
coastal habitats and to continue implementation of the states'
coastal nonpoint source pollution plans. The section makes
technical changes to the guidelines for State matching funds
and the allocation of the grants under sections 306 and 306A.
Sec. 9. Coastal Zone Management Fund
This section of the reported bill amends section 1456a(a)(2)
of title 16, United States Code, to transfer loan repayments to
the Operations, Research and Facilities account of the National
Oceanic and Atmospheric Administration to offset administrative
costs and deletes the annual reporting requirement. Technical
changes are also made to section 308(b) (16 U.S.C. 1456(a)(b)).
Sec. 10. Coastal Zone Enhancement Grants
This section of the reported bill amends section 1456b of
title 16, United States Code, to add two new objectives to
which the Secretary may allocate funds and provides states with
the option of allocating funds for restoration and preservation
of coastal habitats as well as the continued implementation of
the states' coastal nonpoint source pollution plans. Section 10
also removes several outdated sections and eliminates the $10
million cap on annual section 309 allocations to conform with
increasing authorization levels.
Sec. 11. Coastal Community Program
This section of the reported bill establishes a new grant
program (section 309A) for states to focus on community-based
initiatives. This section demonstrates the need for federal and
state support of community-based planning, strategies, and
solutions to local sprawl, development, and resource
conservation and management issues in the coastal zone. This
section authorizes the Secretary to make grants to states
through the base program allocation formula and requires the
states to match the amount of the grant so that funds provided
under sections 306, 306A and 309A, in aggregate, equal a 1-to-1
match. It will also revitalize previously developed areas,
promote conservation projects in environmentally sensitive
areas, protect coastal habitats, and assist coastal communities
to coordinate and implement coastal NPS pollution programs.
Sec. 12. Technical assistance
This section of the reported bill amends section 1456c(b) of
title 16, United States Code, to authorize the Secretary to
conduct a program to develop and apply innovative coastal and
estuarine environmental technology through a cooperative
program.
Sec. 13. Performance review.
This section of the reported bill amends section 1458(a) of
title 16, United States Code, to add coordination with the
National Estuarine Research Reserves to the performance review
process.
Sec. 14. Walter B. Jones Award
This section of the reported bill amends section 1461 of
title 16, United States Code, to authorize the Secretary to
issue the Walter B. Jones Awards, subject to available funds.
Sec. 15. National Estuarine Research Reserve System
This section of the reported bill amends section 1461 of
title 16, United States Code, to clarify and strengthen the
National Estuarine Research Reserve System (NERRS). A majority
of the amendments are technical changes to establish additional
authorized activities such as training, education, and
stewardship in addition to research under the NERRS. This
section clarifies the NERRS description and allows the
Secretary to enter into contracts and agreements with non-
profit organizations to carry out projects that support
reserves and to accept donations of funds or services for
projects consistent with the purposes of this section.
Sec. 16. Coastal Zone Management reports
This section of the reported bill amends section 1462 of
title 16, United States Code, to clarify the requirements for
reports to Congress and require a report to be provided to
Congress on Federal agency coordination and cooperation in
coastal management.
Sec. 17. Authorization of appropriations
This section of the reported bill amends section 1464 of
title 16, United States Code, to authorize Coastal Zone
Management Act funding. Funding for 306, 306A, and 309 grants
are combined at an authorization of $70 million in FY 2000, $80
million in FY 2001, and increases annually in $3.5 million
dollar increments to $90.5 million in FY 2004. For 309A grants,
$25 million is authorized for FY 2000, increasing annually in
$1 million increments to $29 million in FY 2004. Of this 309A
amount, $10 million or 35 percent (whichever is less) will be
set aside for nonpoint source pollution programs. For 315
grants, authorization is provided at $7 million in FY 2000, $12
million in FY 2001, and increases annually in $500,000
increments until it reaches $13.5 in FY 2004. Twelve million
dollars are authorized annually between FY 2000 and FY 2004 for
construction projects at estuarine reserves designated under
section 315. Administrative costs in FY 2000 are authorized at
$5.5 million, and at such sums as are necessary in FY 2001
through FY 2004.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the Standing
Rules of the Senate, 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 material is printed
in italic, existing law in which no change is proposed is shown
in roman):
COASTAL ZONE MANAGEMENT ACT OF 1972
[chapter 33, title 16, united states code]
SEC. 302. CONGRESSIONAL FINDINGS. [16 U.S.C. 1451]
The Congress finds that--
[(a)] (1) There is a national interest in the
effective management, beneficial use, protection, and
development of the coastal zone.
[(b)] (2) The coastal zone is rich in a variety of
natural, commercial, recreational, ecological,
industrial, and esthetic resources of immediate and
potential value to the present and future well-being of
the Nation.
[(c)] (3) The increasing and competing demands upon
the lands and waters of our coastal zone occasioned by
population growth and economic development, including
requirements for industry, commerce, residential
development, recreation, extraction of mineral
resources and fossil fuels, ports, transportation and
navigation, waste disposal, and harvesting of fish,
shellfish, and other living marine resources, have
resulted in the loss of living marine resources,
wildlife, nutrient-rich areas, permanent and adverse
changes to ecological systems, decreasing open space
for public use, and shoreline erosion.
[(d)] (4) The habitat areas of the coastal zone,
including coastal waters and wetlands, and the fish,
shellfish, other living marine resources, and wildlife
[therein,] dependent on that habitat, are ecologically
fragile and consequently extremely vulnerable to
destruction by man's alterations.
[(e)] (5) Important ecological, cultural, historic,
and esthetic values in the coastal zone which are
essential to the [well-being] quality of life of all
citizens are being irretrievably damaged or lost.
[(f)] (6) 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;
[(g)] (7) Special natural and scenic characteristics
are being damaged by ill-planned development that
threatens these values.
[(h)] (8) 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 and
local institutional arrangements for planning and
regulating land and water uses in such areas are
inadequate.
[(i)] (9) The key to more effective protection and
use of the land and water resources of the coastal zone
is to encourage the states to exercise their full
authority over the lands and waters in the coastal zone
by assisting the 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)] (10) The national objective of attaining a
greater degree of energy self-sufficiency would be
advanced by providing Federal financial assistance to
meet state and local needs resulting from new or
expanded energy activity in or affecting the coastal
zone.
[(k) Land uses in the coastal zone, and the uses of
adjacent lands which drain into the coastal zone, may
significantly affect the quality of coastal waters and
habitats, and efforts to control coastal water
pollution from land use activities must be improved.]
(11) Land and water uses in the coastal zone and
coastal watersheds may significantly affect the quality
of coastal waters and habitats, and efforts to control
coastal water pollution from activities in these areas
must be improved.
[(l)] (12) Because global warming may result in a
substantial sea level rise with serious adverse effects
in the coastal zone, coastal states must anticipate and
plan for such an occurrence.
[(m)] (13) Because of their proximity to and reliance
upon the ocean and its resources, the coastal 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
in all Federal programs affecting such resources and,
wherever appropriate, by the development of state ocean
resource plans as part of their federally approved
coastal zone management programs.
(14) There is a need to enhance cooperation and
coordination among states and local communities, to
encourage local community-based solutions that address
the impacts and pressures on coastal resources and on
public facilities and public service caused by
continued coastal demands, and to increase state and
local capacity to identify public infrastructure and
open space needs and develop and implement plans which
provide for sustainable growth, resource protection and
community revitalization.
SEC. 303. CONGRESSIONAL DECLARATION OF POLICY. [16 U.S.C. 1452]
The Congress finds and declares that it is the national
policy--
(1) to preserve, protect, develop, and where
possible, to restore or enhance, the resources of the
Nation's coastal zone for this and succeeding
generations;
(2) to encourage and assist [the states] state and
local governments 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) the protection of natural resources,
including wetlands, floodplains, estuaries,
beaches, dunes, barrier islands, coral reefs,
and fish and wildlife and their habitat, within
the coastal zone;
(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;
(C) the management of coastal development to
improve, safeguard, and restore the quality of
coastal [waters,] waters and habitats, and to
protect natural resources and existing uses of
those [waters,] waters and habitats;
(D) priority consideration being given to
coastal-dependent uses and orderly processes
for siting major facilities related to national
defense, energy, fisheries development,
recreation, ports and transportation, and the
location, to the maximum extent practicable, of
new commercial and industrial developments in
or adjacent to areas where such development
already exists;
(E) public access to the coasts for
recreation purposes;
(F) assistance in the redevelopment of
deteriorating urban waterfronts and ports, and
sensitive preservation and restoration of
historic, cultural, and esthetic coastal
features;
(G) the coordination and simplification of
procedures in order to ensure expedited
governmental decisionmaking for the management
of coastal resources;
(H) continued consultation and coordination
with, and the giving of adequate consideration
to the views of, affected Federal agencies;
(I) the giving of timely and effective
notification of, and opportunities for public
and local government participation in, coastal
management decisionmaking;
(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 agencies;
and] and wildlife management; and
(K) the study and development, in any case in
which the Secretary considers it to be
appropriate, of plans for addressing the
adverse effects upon the coastal zone of land
subsidence and of sea level rise; and
(3) to encourage the preparation of special area
management plans which provide for increased
specificity in protecting significant natural
resources, reasonable coastal-dependent economic
growth, improved protection of life and property in
hazardous areas, including those areas likely to be
affected by land subsidence, sea level rise, or
fluctuating water levels of the Great Lakes, and
improved predictability in governmental decisionmaking;
(4) to encourage the participation and cooperation of
the public, state and local governments, and interstate
and other regional agencies, as well as of 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, other countries, 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.] zone;
(7) to create and use a National Estuarine Research
Reserve System as a Federal, state, and community
partnership to support and enhance coastal management
and stewardship; and
(8) to encourage the development, application, and
transfer of innovative coastal and estuarine
environmental technologies and techniques for the long-
term conservation of coastal ecosystems.
SEC. 304. DEFINITIONS. [16 U.S.C. 1453]
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, 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 to be of substantial biological or natural storm
protective value.
(3) The term ``coastal waters'' means (A) in the
Great Lakes area, the waters within the territorial
jurisdiction of the United States consisting of the
Great Lakes, their connecting waters, harbors,
roadsteads, and estuary-type areas such as bays,
shallows, and marshes and (B) in other areas, those
waters, adjacent to the shorelines, which contain a
measurable quantity or percentage of sea water,
including, but not limited to, sounds, bays, lagoons,
bayous, ponds, and estuaries.
(4) The term ``coastal state'' means 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. 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;
(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 if such siting,
construction, expansion, or operation has, or is
likely to have, a significant effect on such coastal zone.
(6) The term ``energy facilities'' means any
equipment or facility which is or will be used
primarily--
(A) in the exploration for, or the
development, production, conversion, storage,
transfer, processing, or transportation of, any
energy resource; or
(B) for the manufacture, production, or
assembly of equipment, machinery, products, or
devices which are involved in any activity
described in subparagraph (A).
The term includes, but is not limited to (i) electric
generating plants; (ii) petroleum refineries and
associated facilities; (iii) gasification plants; (iv)
facilities used for the transportation, conversion,
treatment, transfer, or storage of liquefied natural
gas; (v) uranium enrichment or nuclear fuel processing
facilities; (vi) oil and gas facilities, including
platforms, assembly plants, storage depots, tank farms,
crew and supply bases, and refining complexes; (vii)
facilities including deepwater ports, for the transfer
of petroleum; (viii) pipelines and transmission
facilities; and (ix) terminals which are associated
with any of the foregoing.
(6a) The term ``enforceable policy'' means state
policies which are legally binding through
constitutional provisions, laws, regulations, land use
plans, ordinances, or judicial or administrative
decisions, by which a state exerts control over private
and public land and water uses and natural resources in
the coastal zone.
(7) The term ``estuary'' means that part of a river
or stream or other body of water having unimpaired
connection with the open sea, where the sea water is
measurably diluted with fresh water derived from land
drainage. The term includes estuary-type areas of the
Great Lakes.
[(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, adjoining, 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 `estuarine reserve' means a coastal
protected area which may include any part or all of an
estuary and any island, transitional area, and upland
in, adjoining, or adjacent to the estuary, and which
constitutes to the extent feasible a natural unit,
established to provide long-term opportunities for
conducting scientific studies and educational and
training programs that improve the understanding,
stewardship, and management of estuaries.
(9) The term ``Fund'' means the Coastal Zone
Management Fund established under section 308(b) .
(10) The term ``land use'' means activities which are
conducted in, or on the shorelands within, the coastal
zone, subject to the requirements outlined in section
307(g).
(11) The term ``local government'' means any
political subdivison of, or any special entity created
by, any coastal state which (in whole or part) is
located in, or has authority over, such 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 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.
(13) The term ``outer Continental Shelf energy
activity'' means any exploration for, or any
development or production of, oil or natural gas from
the outer Continental Shelf (as defined in section 2(a)
of the Outer Continental Shelf Lands Act (43 U.S.C.
1331(a))), or the siting, construction, expansion, or
operation of any new or expanded energy facilities
directly required by such exploration, development, or
production.
(14) The term ``person'' means any individual; any
corporation, partnership, association, or other entity
organized or existing under the laws of any state; the
Federal Government; any state, regional, or local
government; or any entity of any such Federal, 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 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.
(16) The term ``Secretary'' means the Secretary of
Commerce.
(17) The term ``special area management plan'' means
a comprehensive plan providing for natural resource
protection and reasonable coastal-dependent economic
growth containing a detailed and comprehensive
statement of policies; standards and criteria to guide
public and private uses of lands and waters; and
mechanisms for timely implementation in specific
geographic areas within the coastal zone.
(18) The term ``water use'' means a use, activity, or
project conducted in or on waters within the coastal
zone.
(19) The term ``coastal nonpoint pollution control
plan'' means a plan submitted by a coastal state to the
Secretary under section 306(d)(16).
(20) The term ``qualified local entity'' means--
(A) any local government;
(B) any areawide agency referred to in
section 204(a)(1) of the Demonstration Cities
and Metropolitan Development Act of 1966 (42
U.S.C. 3334 (a)(1));
(C) any regional agency;
(D) any interstate agency;
(E) any nonprofit organization; or
(F) any reserve established under section
315.
[SEC. 305. SUBMITTAL OF STATE PROGRAM FOR APPROVAL.
[A coastal state that has completed the development of its
management program shall submit the program to the Secretary
for review and approval under section 306.]
SEC. 305. MANAGEMENT PROGRAM DEVELOPMENT GRANTS.
(a) States Without Programs.--In fiscal years 2001, 2002,
2003, and 2004, the Secretary may make a grant annually to any
coastal state without an approved program if the coastal state
demonstrates to the satisfaction of the Secretary that the
grant will be used to develop a management program consistent
with the requirements set forth in section 306. The amount of
any such grant shall not exceed $200,000 in any fiscal year,
and shall require State matching funds according to a 4-to-1
ratio of Federal-to-State contributions. After an initial grant
is made to a coastal state under this subsection, no subsequent
grant may be made to that coastal state under this subsection
unless the Secretary finds that the coastal state is
satisfactorily developing its management program. No coastal
state is eligible to receive more than 4 grants under this
subsection.
(b) Submittal of Program for Approval.--A coastal state that
has completed the development of its management program shall
submit the program to the Secretary for review and approval
under section 306.
SEC. 306. ADMINISTRATIVE GRANTS. [16 U.S.C. 1455]
(a) Authorization; Matching Funds.--The Secretary may make
grants to any coastal state for the purpose of administering
that state's management program, including developing and
implementing coastal nonpoint pollution control program
components, if the state matches any such grant according to
the following ratios of Federal-to-state contributions for the
applicable fiscal year:
(1) For those states for which programs were approved
prior to enactment of the Coastal Zone Act
Reauthorization Amendments of 1990, 1 to 1 for any
fiscal year.
(2) For programs approved after enactment of the
Coastal Zone Act Reauthorization Amendments of 1990, 4
to 1 for the first fiscal year, 2.3 to 1 for the second
fiscal year, 1.5 to 1 for the third fiscal year, and 1
to 1 for each fiscal year thereafter.
(b) Grants to Coastal States; Requirements.--The Secretary
may make a grant to a coastal state under subsection (a) only
if the Secretary finds that the management program of the
coastal state meets all applicable requirements of this title
and has been approved in accordance with subsection (d).
(c) Allocation of Grants to Coastal States.--Grants under
this section shall be allocated to coastal 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, maximum
and minimum grants for any fiscal year to promote equity
between coastal states and effective coastal management.
(d) Mandatory Adoption of State Management Program for
Coastal Zone.--Before approving a management program submitted
by a coastal state, the Secretary shall find the following:
(1) The state has developed and adopted a management
program for its coastal zone in accordance with rules
and regulations promulgated by the Secretary, after
notice, and with the opportunity of full participation
by relevant Federal agencies, state agencies, local
governments, regional organizations, port authorities,
and other interested parties and individuals, public
and private, which is adequate to carry out the
purposes of this title and is consistent with the
policy declared in section 303.
(2) The management program includes each of the
following required program elements:
(A) An identification of the boundaries of
the coastal zone subject to the management
program.
(B) A definition of what shall constitute
permissible land uses and water users within
the coastal zone which have a direct and
significant impact on the coastal waters.
(C) An inventory and designation of areas of
particular concern within the coastal zone.
(D) An identification of the means by which
the state proposes to exert control over the
land uses and water uses referred to in
subparagraph (B), including a list of relevant
state constitutional provisions, laws,
regulations, and judicial decisions.
(E) Broad guidelines on priorities of uses in
particular areas, including specifically those
uses of lowest priority.
(F) A description of the organizational
structure proposed to implement such management
program, including the responsibilities and
interrelationships of local, areawide, state,
regional, and interstate agencies in the
management process.
(G) A definition of the term ``beach'' and a
planning process for the protection of, and
access to, public beaches and other public
coastal areas of environmental, recreational,
historical, esthetic, ecological, or cultural
value.
(H) A planning process for energy facilities
likely to be located in, or which may
significantly affect, the coastal zone,
including a process for anticipating the
management of the impacts resulting from such
facilities.
(I) A planning process for assessing the
effects of, and studying and evaluating ways to
control, or lessen the impact of, shoreline
erosion, and to restore areas adversely
affected by such erosion.
(3) The state has--
(A) coordinated its program with local,
areawide, and interstate plans applicable to
areas within the coastal zone--
(i) existing on January 1 of the year
in which the state's management program
is submitted to the Secretary; and
(ii) which have been developed by a
local government, an areawide agency, a
regional agency, or an interstate
agency; and
(B) established an effective mechanism for
continuing consultation and coordination
between the management agency designated
pursuant to paragraph (6) and with local
governments, interstate agencies, regional
agencies, and areawide agencies within the
coastal zone to assure the full participation
of those local governments and agencies in
carrying out the purposes of this title; except
that the Secretary shall not find any mechanism
to be effective for purposes of this
subparagraph unless it requires that--
(i) the management agency, before
implementing any management program
decision which would conflict with any
local zoning ordinance, decision, or
other action, shall send a notice of
the management program decision to any
local government whose zoning authority
is affected;
(ii) within the 30-day period
commencing on the date of receipt of
that notice, the local government may
submit to the management agency written
comments on the management program
decision, and any recommendation for
alternatives; and
(iii) the management agency, if any
comments are submitted to it within the
30-day period by any local government--
(I) shall consider the
comments;
(II) may, in its discretion,
hold a public hearing on the
comments; and
(III) may not take any action
within the 30-day period to
implement the management
program decision.
(4) The state has held public hearings in the
development of the management program.
(5) The management program and any changes thereto
have been reviewed and approved by the Governor of the
state.
(6) The Governor of the state has designated a single
state agency to receive and administer grants for
implementing the management program.
(7) The state is organized to implement the
management program.
(8) The management program provides for adequate
consideration of the national interest involved in
planning for, and managing the coastal zone, including
the siting of facilities such as energy facilities
which are of greater than local significance. In the
case of energy facilities, the Secretary shall find
that the state has given consideration to any
applicable national or interstate energy plan or
program.
(9) The management program includes procedures
whereby specific areas may be designated for the
purpose of preserving or restoring them for their
conservation, recreational ecological, historical, or
esthetic values.
(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) to acquire fee simple and [less than fee
simple] other interests in land, waters, and
other property through condemnation or other
means when necessary to achieve conformance
with the management program.
(11) The management program provides for any one or a
combination of the following general techniques for
control of land uses and water uses within the coastal
zone:
(A) State establishment of criteria and
standards for local implementation, subject to
administrative review and enforcement.
(B) Direct state land and water use planning
and regulation.
(C) State administrative review for
consistency with the management program of all
development plans, projects, or land and water
use regulations, including exceptions and
variances thereto, proposed by any state or
local authority or private developer, with
power to approve or disapprove after public
notice and an opportunity for hearings.
(12) The management program contains a method of
assuring that local land use and water use regulations
within the coastal zone do not unreasonably restrict or
exclude land uses and water uses of regional benefit.
(13) The management program provides for--
(A) the inventory and designation of areas
that contain one or more coastal resources of
national significance; and
(B) specific and enforceable standards to
protect such resources.
(14) The management program provides for public
participation in permitting processes, consistency
determinations, and other similar decisions.
(15) The management program provides a mechanism to
ensure that all state agencies will adhere to the
program.
(16) The management program contains enforceable
policies and mechanisms to implement the applicable
requirements of the Coastal Nonpoint Pollution Control
Program of the state required by section 6217 of the
Coastal Zone Act Reauthorization Amendments of 1990.
(e) Amendment or Modification of State Management Program for
Coastal Zone.--A coastal 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) The state shall promptly notify the Secretary of
any proposed amendment, modification, or other program
change and submit it for the Secretary's approval. The
Secretary may suspend all or part of any grant made
under this section pending state submission of the
proposed amendments, modification, or other program change.
(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 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 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.
(B) The Secretary, after determining on a preliminary
basis, that an amendment, modification, or other change
which has been submitted for approval under this
subsection is likely to meet the program approval
standards in this section, may permit the state to
expend funds awarded under this section to begin
implementing the proposed amendment, modification, or
change. This preliminary approval shall not extend for
more than 6 months and may not be renewed. A proposed
amendment, modification, or change which has been given
preliminary approval and is not finally approved under
this paragraph shall not be considered an enforceable
policy for purposes of section 307.
SEC. 306A. COASTAL RESOURCE IMPROVEMENT PROGRAM. [16 U.S.C. 1455A]
(a) Definitions.--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) Resource Management Improvement Grants.--The Secretary
may make grants to any eligible coastal state to assist that
state in meeting one or more of the following objectives:
(1) The preservation or restoration of specific areas
of the state that
(A) are designated under the management
program procedures required by section
306(d)(9) or other important coastal habitats
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 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.
(5) The coordination and implementation of approved
coastal nonpoint pollution control plans.
(6) The preservation, restoration, enhancement or
creation of coastal habitats.
(c) Uses, Terms and Conditions of Grants.--
(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) the acquisition of fee simple and other
interests in land;
(B) low-cost construction projects determined
by the Secretary to be consistent with the
purposes of this section, including but not
limited to, paths, walkways, fences, parks, and
the rehabilitation of historic buildings and
structures; except that not more than 50 per
centum of any grant made under this section may
be used for such construction projects;
(C) in the case of grants made for objectives
described in subsection (b)(2)--
(i) the rehabilitation or acquisition
of piers to provide increased public
use, including compatible commercial
activity,
(ii) the establishment of shoreline
stabilization measures including the
installation or rehabilitation of
bulkheads for the purpose of public
safety or increasing public access and
use, and
(iii) the removal or replacement of
pilings where such action will provide
increased recreational use of urban
waterfront areas, but activities
provided for under this paragraph shall
not be treated as construction projects
subject to the limitations in paragraph
(B);
(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.] section;
(F) work, resources, or technical support
necessary to preserve, restore, enhance, or
create coastal habitats; and
(G) the coordination and implementation of
approved coastal nonpoint pollution control
plans.
[(d) State Matching Contributions; Ratio; Maximum Amount of
Grants.--
[(1) The Secretary may make grants to any coastal
state for the purpose of carrying out the project or
purpose for which such grants are awarded, if the state
matches any such grant according to the following
ratios of Federal to 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 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 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) Allocation of Grants to Local Governments and Other
Agencies.--With the approval of the Secretary, an eligible
coastal 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 of the
responsibility for ensuring that any funds so allocated are
applied in furtherance of the state's approved management
program.
[(f) Other Technical and Financial Assistance.--In addition
to providing grants under this section, the Secretary shall
assist eligible coastal states and their local governments in
identifying and obtaining other sources of available Federal
technical and financial assistance regarding the objectives of
this section.]
(d) Source of Federal Grants; State Matching Contributions.--
(1) In general.--If a coastal state chooses to fund a
project under this section, then--
(A) it shall submit to the Secretary a
combined application for grants under this
section and section 306;
(B) it shall match the combined amount of
such grants in the ratio required by section
306(a) for grants under that section; and
(C) the Federal funding for the project shall
be a portion of that state's annual allocation
under section 306(a).
(2) Use of funds.--Grants provided under this section
may be used to pay a coastal state's share of costs
required under any other Federal program that is
consistent with the purposes of this section.
(e) Allocation of Grants to Qualified Local Entity.--With the
approval of the Secretary, the eligible coastal state may
allocate to a qualified local entity a portion of any grant
made under this section for the purpose of carrying out this
section; except that such an allocation shall not relieve that
state of the responsibility for ensuring that any funds so
allocated are applied in furtherance of the state's approved
management program.
(f) Assistance.--The Secretary shall assist eligible coastal
states in identifying and obtaining from other Federal agencies
technical and financial assistance in achieving the objectives
set forth in subsection (b).
SEC. 308. COASTAL ZONE MANAGEMENT FUND. [16 U.S.C. 1456A]
(a)(1) The obligations of any coastal 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 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 under this subsection--
(A) shall be retained by the Secretary and deposited
into the Coastal Zone Management Fund established under
subsection (b); and
(B) subject to amounts provided in Appropriations
Acts, shall be available to the Secretary for purposes
of this title and transferred to the Operations,
Research, and Facilities account of the National
Oceanic and Atmospheric Administration to offset the
costs of implementing this title.
(b)(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.]
(2) Subject to Appropriation Acts, amounts in the Fund
shall be available to the Secretary to carry out the provisions
of this Act.
SEC. 309. COASTAL ZONE ENHANCEMENT GRANTS. [16 U.S.C. 1456B]
(a) Coastal Zone Enhancement Objective Defined.--For purposes
of this section, the term ``coastal zone enhancement
objective'' means any of the following objectives:
[(1) Protection, restoration, or enhancement of the
existing coastal wetlands base, or creation of new
coastal wetlands.]
(1) Protection, restoration, enhancement, or creation
of coastal habitats, including wetlands, coral reefs,
marshes, and barrier islands.
(2) Preventing or significantly reducing threats to
life and destruction of property by eliminating
development and redevelopment in high-hazard areas,
managing development in other hazard areas, and
anticipating and managing the effects of potential sea
level rise and Great Lakes level rise.
(3) Attaining increased opportunities for public
access, taking into account current and future public
access needs, to coastal areas of recreational,
historical, aesthetic, ecological, or cultural value.
(4) Reducing marine debris entering the Nation's
coastal and ocean environment by managing uses and
activities that contribute to the entry and removal of
such debris.
(5) Development and adoption of procedures to assess,
consider, and control cumulative and secondary impacts
of coastal growth and development, including the
collective effect [on various individual uses or
activities on coastal resources, such as coastal
wetlands and fishery resources.] of various individual
uses or activities on coastal waters, habitats, and
resources, including sources of polluted runoff.
(6) Preparing and implementing special area
management plans for important coastal areas.
(7) Planning for the use of ocean resources.
(8) Adoption of procedures and enforceable policies
to help facilitate the siting of energy facilities and
Government facilities and energy-related activities and
Government activities which may be of greater than
local significance.
(9) Adoption of procedures and policies to evaluate
and facilitate the siting of public and private
aquaculture facilities in the coastal zone, which will
enable states to formulate, administer, and implement
strategic plans for marine aquaculture.
(10) Development and enhancement of coastal nonpoint
pollution control program components, including the
satisfaction of conditions placed on such programs as
part of the Secretary's approval of the programs.
(11) Significant emerging coastal issues as
identified by coastal states, in consultation with the
Secretary and qualified local entities.
(b) Limits on Grants.--
(1) Subject to the limitations and goals established
in this section, the Secretary may make grants to
coastal 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.
(2)(A) In addition to any amounts provided under
section 306, and subject to the availability of
appropriations, the Secretary may make grants under
this subsection to states for implementing program
changes approved by the Secretary in accordance with
section 306(e).
(B) Grants under this paragraph to implement a
program change may not be made in any fiscal year after
the second fiscal year that begins after the approval
of that change by the Secretary.
(c) Evaluation of State Proposals by Secretary.--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 the
Secretary under subsection (d).] proposals. 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) Promulgation of Regulations by Secretary.--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)] (d) No State Contribution Required--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)] (e) Funding.--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.] section.
[(g)] (f) Eligibility; Suspension of State for
Noncompliance.--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.
SEC. 309A. COASTAL COMMUNITY PROGRAM.
(a) Coastal Community Grants.--The Secretary may make grants
to any coastal state that is eligible under subsection (b)--
(1) to assist coastal communities in assessing and
managing growth, public infrastructure, and open space
needs in order to provide for sustainable growth,
resource protection and community revitalization;
(2) to provide management-oriented research and
technical assistance in developing and implementing
community-based growth management and resource
protection strategies in qualified local entities;
(3) to fund demonstration projects which have high
potential for improving coastal zone management at the
local level;
(4) to assist in the adoption of plans, strategies,
policies, or procedures to support local community-
based environmentally-protective solutions to the
impacts and pressures on coastal uses and resources
caused by development and sprawl that will--
(A) revitalize previously developed areas;
(B) undertake conservation activities and
projects in undeveloped and environmentally
sensitive areas;
(C) emphasize water-dependent uses; and
(D) protect coastal waters and habitats; and
(5) to assist coastal communities to coordinate and
implement approved coastal nonpoint pollution control
strategies and measures that reduce the causes and
impacts of polluted runoff on coastal waters and
habitats.''.
(b) Eligibility.--To be eligible for a grant under this
section for a fiscal year, a coastal state shall--
(1) have a management program approved under section
306; and
(2) in the judgment of the Secretary, be making
satisfactory progress in activities designed to result
in significant improvement in achieving the coastal
management objectives specified in section 303(2)(A)
through (K).
(c) Allocations; Source of Federal Grants; State Matching
Contributions.--
(1) Allocation.--Grants under this section shall be
allocated to coastal states as provided in section
306(c).
(2) Application; matching.--If a coastal state
chooses to fund a project under this section, then--
(A) it shall submit to the Secretary a
combined application for grants under this
section and section 306; and
(B) it shall match the amount of the grant
under this section on the basis of a total
contribution of section 306, 306A, and this
section so that, in aggregate, the match is
1:1.
(d) Allocation of Grants to Qualified Local Entity.--
(1) In general.--With the approval of the Secretary,
the eligible coastal state may allocate to a qualified
local entity amounts received by the state under this
section.
(2) Assurances.--A coastal state shall ensure that
amounts allocated by the state under paragraph (1) are
used by the qualified local entity in furtherance of
the state's approved management program, specifically
furtherance of the coastal management objectives
specified in section 303(2).
(e) Assistance.--The Secretary shall assist eligible coastal
states and qualified local entities in identifying and
obtaining from other Federal agencies technical and financial
assistance in achieving the objectives set forth in subsection
(a).
SEC. 310. TECHNICAL ASSISTANCE. [16 U.S.C. 1456C]
(a) The Secretary shall conduct a program of technical
assistance and management-oriented research necessary to
support the development and implementation of state coastal
management program amendments under section 309, and
appropriate to the furtherance of international cooperative
efforts and technical assistance in coastal zone management.
Each department, agency, and instrumentality of the executive
branch of the Federal Government may assist the Secretary, on a
reimbursable basis or otherwise, in carrying out the purposes
of this section, including the furnishing of information to the
extent permitted by law, the transfer of personnel with their
consent and without prejudice to their position and rating, and
the performance of any research, study, and technical
assistance which does not interfere with the performance of the
primary duties of such department, agency, or instrumentality.
The Secretary may enter into contracts or other arrangements
with any qualified person for the purposes of carrying out this
subsection.
(b)(1) The Secretary shall provide for the coordination of
technical assistance, studies, and research activities under
this section with any other such activities that are conducted
by or subject to the authority of the Secretary.
(2) The Secretary shall make the results of research and
studies conducted pursuant to this section available to coastal
states in the form of technical assistance publications,
workshops, or other means appropriate.
(3) The Secretary shall consult with coastal states on a
regular basis regarding the development and implementation of
the program established by this section.
(4) The Secretary may conduct a program to develop and apply
innovative coastal and estuarine environmental technology and
methodology through a cooperative program. The Secretary may
make extramural grants in carrying out the purpose of this
subsection.
SEC. 312. REVIEW OF PERFORMANCE. [16 U.S.C. 1458]
(a) Evaluation of Adherence With Terms of Grants.--The
Secretary shall conduct a continuing review of the performance
of coastal 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
has implemented and enforced the program approved by the
Secretary, addressed the coastal management needs identified in
section 303(2)(A) through (K), coordinated with National
Estuarine Research Reserves in the state, and adhered to the
terms of any grant, loan, or cooperative agreement funded under
this title.
(b) Public Participation.--In evaluating a coastal 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) Suspension of Financial Assistance for Noncompliance;
Notification of Governor; Length of Suspension.--
(1) The Secretary may suspend payment of any portion
of financial assistance extended to any coastal state
under this title, and may withdraw any unexpended
portion of such assistance, if the Secretary determines
that the coastal 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 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 to take
the actions referred to in subparagraph (A).
(3) The suspension of financial assistance may not
last for less than 6 months or more than 36 months
after the date of suspension.
(d) Withdrawal of Approval From Program.--The Secretary shall
withdraw approval of the management program of any coastal
state and shall withdraw financial assistance available to that
state under this title as well as any unexpended portion of
such assistance, if the Secretary determines that the coastal
state has failed to take the actions referred to in subsection
(c)(2)(A).
(e) Notice and Hearing.--Management program approval and
financial assistance may not be withdrawn under subsection (d),
unless the Secretary gives the coastal 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 with written specifications of the actions
that should be taken, or not engaged in, by the state in order
that such withdrawal may be canceled by the Secretary.
SEC. 314. WALTER B. JONES EXCELLENCE IN COASTAL ZONE MANAGEMENT AWARDS.
[16 U.S.C. 1460]
(a) Establishment.--The Secretary [shall, using sums in the
Coastal Zone Management Fund established under section 308]
may, using sums available under this Act 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.] field of coastal zone
management. These awards, to be known as the ``Walter B. Jones
Awards'', may include--
(1) cash awards in an amount not to exceed $5,000
each;
(2) research grants; and
(3) public ceremonies to acknowledge such awards.
(b) Annual Selection of Recipients.--The Secretary [shall
elect annually--] shall select annually if funds are available
under subsection (a)--
(1) one individual, other than an employee or officer
of the Federal Government, whose contribution to the
field of coastal zone management has been the most
significant;
(2) 5 local governments which have made the most
progress in developing and implementing the coastal
zone management principles embodied in this title; and
(3) up to 10 graduate students whose academic study
promises to contribute materially to development of new
or improved approaches to coastal zone management.
(c) Solicitation of Nominations for Local Government
Recipients.--In making selections under subsection (b)(2) the
Secretary shall solicit nominations from the coastal states,
and shall consult with experts in local government planning and
land use.
(d) Solicitation of Nominations for Graduate Student
Recipients.--In making selections under subsection (b)(3) the
Secretary shall solicit nominations from coastal states and the
National Sea Grant College Program.
[(e) Funding; Types of Awards.--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.]
SEC. 315. NATIONAL ESTUARINE RESEARCH RESERVE SYSTEM. [16 U.S.C. 1461]
(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--] is a network of areas protected by Federal, state, and
community partnerships which promotes informed management of
the Nation's estuarine and coastal areas through interconnected
programs in resource stewardship, education and training, and
scientific understanding consisting of--
(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.
(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 Governor of the coastal 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 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] education,
interpretation, training, and demonstration
projects; and
(D) the coastal state in which the area is
located has complied with the requirements of
any regulations issued by the Secretary to
implement this section.
(c) Estuarine [Research] Research, Education, and Resource
Stewardship Guidelines.--The Secretary shall develop
guidelines for the [conduct of research] conduct of research,
education, and resource stewardship within the System that
shall include--
(1) a mechanism for identifying, and establishing
priorities among, the coastal management issues that
should be addressed through [coordinated research]
coordinated research, education, and resource
stewardship within the System;
(2) the establishment of common [research] principles
and objectives to guide the development of [research
programs] research, education, and resource stewardship
programs within the System;
(3) the identification of uniform [research]
methodologies which will ensure comparability of
[data,] information, the broadest application of
[research] results, and the maximum use of the System
for [research purposes;] research, education, and
resource stewardship purposes;
(4) the establishment of performance standards upon
which the effectiveness of the [research efforts]
research, education, and resource stewardship efforts
and the value of reserves within the System in
addressing the coastal management issues identified in
paragraph (1) may be measured; and
(5) the consideration of additional sources of funds
for estuarine [research] research, education, and
resource stewardship than the funds authorized under
this Act, and strategies for encouraging the use of
such funds within the System, with particular emphasis
on mechanisms established under subsection (d).
In developing the guidelines under this section, the Secretary
shall consult with prominent members of the estuarine
[research] community.
(d) Promotion and Coordination of [Estuarine Research.--]
Estuarine Research, Education, and Resource Stewardship._The
Secretary shall take such action as is necessary to promote and
coordinate the use of the System for [research purposes]
research, education, and resource stewardship purposes
including--
[(1) requiring that the National Oceanic and
Atmospheric Administration, in conducting or supporting
estuarine research, give priority consideration to
research that uses the System; and]
(1) giving reasonable priority to research,
education, and stewardship activities that use the
System in conducting or supporting activities relating
to estuaries; and
(2) consulting with other Federal and state agencies
to promote use of one or more reserves within the
System by such agencies when conducting estuarine
[research.] research, education, and resource
stewardship activities;
(3) establishing partnerships with other Federal and
state estuarine management programs to coordinate and
collaborate on estuarine research.
(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--
(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,] reserve; and
(ii) for purposes of operating or
managing a national estuarine reserve
[and constructing appropriate reserve
facilities, or] including resource
stewardship activities and constructing
reserve facilities.
[(iii) for purposes of conducting
educational or interpretive activities;
and
[(B) to any coastal 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).]
(B) to any coastal state or public or private
person for purposes of--
(i) supporting research and
monitoring associated with a national
estuarine reserve that are consistent
with the research guidelines developed
under subsection (c); or
(ii) conducting educational,
interpretive, or training activities
for a national estuarine reserve that
are consistent with the education
guidelines developed under subsection
(c).
(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 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.
(3)(A) The amount of the financial assistance
provided under paragraph (1)(A)(i) with respect to the
acquisition of lands and waters, or interests therein,
for any one national estuarine reserve may not exceed
an amount equal to 50 percent of the costs of the
lands, waters, and interests [therein or $5,000,000,
whichever amount is less.] therein. Non-Federal costs
associated with the purchase of any lands and waters,
or interests therein, which are incorporated into the
boundaries of a reserve up to 5 years after the costs
are incurred, may be used to match the Federal share.
(B) The amount of the financial assistance provided
under paragraph (1)(A) (ii) [and (iii)] and paragraph
(1)(B) may not exceed 70 percent of the costs incurred
to achieve the purposes described in those paragraphs
with respect to a reserve; except that the amount of
the financial assistance provided under [paragraph
(1)(A)(iii)] paragraph (1)(B) may be up to 100 percent
of any costs for activities that benefit the [entire
System.] System as a whole.
(4) The Secretary may--
(A) enter into cooperative agreements,
financial agreements, grants, contracts, or
other agreements with any nonprofit
organization, authorizing the organization to
solicit donations to carry out the purposes and
policies of this section, other than general
administration of reserves or the System and
which are consistent with the purposes and
policies of this section; and
(B) accept donations of funds and services
for use in carrying out the purposes and
policies of this section, other than general
administration of reserves or the System and
which are consistent with the purposes and
policies of this section.
Donations accepted under this section shall be
considered as a gift or bequest to or for the use of
the United States for the purpose of carrying out this
section.
(C) Notwithstanding subparagraphs (A) and (B),
financial assistance under this subsection provided
from amounts recovered as a result of damage to natural
resources located in the coastal zone may be used to
pay 100 percent of the costs of activities carried out
with the assistance.
(f) Evaluation of System Performance.--
(1) The Secretary shall periodically evaluate the
operation and management of each national estuarine
reserve, including coordination with other state
programs established under sections 306 and 309A,
education and interpretive activities, and the research
being conducted within the reserve.
(2) If evaluation under paragraph (1) reveals that
the operation and management of the reserve is
deficient, or that the research being conducted within
the reserve is not consistent with the research
guidelines developed under subsection (c), the
Secretary may suspend the eligibility of that reserve
for financial assistance under subsection (e) until the
deficiency or inconsistency is remedied.
(3) The Secretary may withdraw the designation of an
estuarine area as a national estuarine reserve if
evaluation under paragraph (1) reveals that--
(A) the basis for any one or more of the
findings made under subsection (b)(2) regarding
that area no longer exists; or
(B) a substantial portion of the research
conducted within the area, over a period of
years, has not been consistent with the
research guidelines developed under subsection
(c).
(g) Report.--The Secretary shall include in the report
required under section 316 information regarding--
(1) new designations of national estuarine reserves;
(2) any expansion of existing national estuarine
reserves;
(3) the status of the research program being
conducted within the System; and
(4) a summary of the evaluations made under
subsection (f).
SEC. 316. COASTAL ZONE MANAGEMENT REPORTS. [16 U.S.C. 1462]
(a) Biennial Reports.--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 programs approved pursuant to this
title during the preceding Federal fiscal year and a
description of those programs; (2) a listing of the states
participating in the provisions of this title and a description
of the status of each 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 and a
breakdown of the major projects and areas on which these funds
were expended; (4) an identification of any 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 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, 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;] zone; (11) a description and
evaluation of applicable interstate and regional planning and
coordination mechanisms developed by the coastal states; (12) a
summary and evaluation of the research, studies, education, and
training conducted in support of coastal zone management; and
(13) such other information as may be appropriate.
(b) Recommendations for Legislation.--The report required by
subsection (a) shall contain such recommendations for
additional legislation as the Secretary deems necessary to
achieve the objectives of this title and enhance its effective
operation.
(c) Review of Other Federal Programs; Report to Congress.--
(1) The [Secretary] Secretary, in consultation with
coastal states, and with the participation of affected
Federal agencies, shall conduct a systematic review of
Federal programs, other than this title, that affect
coastal resources for purposes of identifying conflicts
between the objectives and administration of such
programs and the purposes and policies of this title.
[Not later than 1 year after the date of the enactment
of this subsection, the Secretary shall notify each
Federal agency having appropriate jurisdiction of any
conflict between its program and the purposes and
policies of this title identified as a result of such
review.] The Secretary, in conducting such a review,
shall coordinate with, and obtain the views of,
appropriate Federal agencies.
(2) The Secretary [shall promptly] shall, within 4
years after the date of enactment of the Coastal Zone
Management Act of 2000, submit a report to the Congress
consisting of the information required under paragraph
(1) of this subsection. Such report shall include
recommendations for changes necessary to resolve
existing conflicts among Federal laws and programsthat
affect the uses of coastal resources. If sufficient funds and resources
are not available to conduct such a review, the Secretary shall so
notify the Congress.
SEC. 318. AUTHORIZATION OF APPROPRIATIONS. [16 U.S.C. 1464]
(a) Sums Appropriated to Secretary.--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.]
(1) for grants under sections 306, 306A, and 309--
(A) $70,000,000 for fiscal year 2000;
(B) $80,000,000 for fiscal year 2001;
(C) $83,500,000 for fiscal year 2002;
(D) $87,000,000 for fiscal year 2003; and
(E) $90,500,000 for fiscal year 2004;
(2) for grants under section 309A,--
(A) $25,000,000 for fiscal year 2000;
(B) $26,000,000 for fiscal year 2001;
(C) $27,000,000 for fiscal year 2002;
(D) $28,000,000 for fiscal year 2003; and
(E) $29,000,000 for fiscal year 2004;
of which $10,000,000, or 35 percent, whichever is less,
shall be for purposes set forth in section 309A(a)(5);
(3) for grants under section 315,--
(A) $7,000,000 for fiscal year 2000;
(B) $12,000,000 for fiscal year 2001;
(C) $12,500,000 for fiscal year 2002;
(D) $13,000,000 for fiscal year 2003; and
(E) $13,500,000 for fiscal year 2004;
(4) for grants to fund construction projects at
estuarine reserves designated under section 315,
$12,000,000 for each of fiscal years 2000, 2001, 2002,
2003, and 2004; and
(5) for costs associated with administering this
title, $5,500,000 for fiscal year 2000 and such sums as
are necessary for fiscal years 2001-2004.
(b) Limitations.--Federal funds received from other sources
shall not be used to pay a coastal state's share of costs under
section [306 or 309.] 306.
(c) Reversion to Secretary of Unobligated State Funds;
Availability of Funds.--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] within
3 years from when 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.] to states under this Act.
(d) Purchase of Otherwise Unavailable Federal Products and
Services.--Federal funds allocated under this title may be used
by grantees to purchase Federal products and services not
otherwise available.
(e) Restriction on Use of Amounts for Program,
Administrative, or Overhead Costs.--Except for funds
appropriated under subsection (a)(5), amounts appropriated
under this section shall be available only for grants to states
and shall not be available for other program, administrative,
or overhead costs of the National Oceanic and Atmospheric
Administration or the Department of Commerce.