[House Report 116-283]
[From the U.S. Government Publishing Office]
116th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 116-283
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TRIBAL COASTAL RESILIENCY ACT
_______
November 13, 2019.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Grijalva, from the Committee on Natural Resources, submitted the
following
R E P O R T
together with
DISSENTING VIEWS
[To accompany H.R. 729]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred
the bill (H.R. 729) to amend the Coastal Zone Management Act of
1972 to authorize grants to Indian Tribes to further
achievement of Tribal coastal zone objectives, and for other
purposes, having considered the same, report favorably thereon
without amendment and recommend that the bill do pass.
Purpose of the Bill
The purpose of H.R. 729 is to amend the Coastal Zone
Management Act of 1972 to authorize grants to Indian Tribes to
further achievement of Tribal coastal zone objectives, and for
other purposes.
Background and Need for Legislation
While all communities are at risk from the adverse impacts
associated with climate change, some discrete populations are
disproportionately impacted by the threats to public health,
food security, and extreme weather events.\1\ Among those
vulnerable populations are the indigenous peoples of the United
States.\2\
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\1\Janet L. Gamble & John Balbus et al., Ch. 9: Populations of
Concern, in U.S. Glob. Change Research Program, The Impacts of Climate
Change on Human Health in the United States: A Scientific Assessment
247 (Allison Crimmins et al. eds., 2016), http://dx.doi.org/10.7930/
J0Q81B0T.
\2\See generally id.; Lesley Jantarasami & Rachael Novak et al.,
Tribes and Indigenous Peoples, in U.S. Glob. Change Research Program, 2
Impacts, Risks, and Adaptation in the United States: Fourth National
Climate Assessment 572 (David Reidmiller et al. eds., 2018), https://
nca2018.globalchange.gov/downloads/NCA4_Ch15_Tribes-and-Indigenous-
Peoples_Full. pdf.
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Throughout Indian Country, the effects of climate change
are already being felt. Chronic flooding, wildfire, drought,
and rising sea levels are threatening indigenous peoples' ways
of life, affecting their traditional subsistence hunting and
fishing rights, and endangering their commercial activities and
tourism enterprises. These impacts are especially significant
for tribes along coastal areas, where residents are seeing
changes in their coastal lands due to extreme weather,\3\
erosion,\4\ and other impacts to their natural resources.\5\
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\3\E.g., Kathryn Norton-Smith et al., U.S. Dep't of Agric., Gen.
Technical Rep. PNW-GTR-944, Climate Change and Indigenous Peoples: A
Synthesis of Current Impacts and Experiences (2016), https://
www.fs.fed.us/pnw/pubs/pnw_gtr944.pdf.
\4\E.g., id.; Darryl Fears, Coastal Alaska Natives Face ``Some of
the Highest Shoreline Erosion in the World,'' Wash. Post (July 2, 2015,
2:03 p.m. EDT), https://www.washingtonpost.com/news/energy-environment/
wp/2015/07/02/coastal-alaska-natives-face-some-of-the-highest-
shoreline-erosion-in-the-world/.
\5\E.g., Nw. Indian Fisheries Comm'n, Climate Change and Our
Natural Resources: A Report from the Treaty Tribes in Western
Washington (2016), http://nwifc.org/w/wp-content/uploads/downloads/
2017/01/CC_and_Our_NR_Report_2016-1.pdf.
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Indigenous peoples have been proactively identifying and
addressing climate impacts, but they face institutional
barriers that hinder their effectiveness.\6\ These barriers
include limited access to programs and funding streams that
account for the unique situations of indigenous communities.
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\6\E.g., Shannon M. McNeeley, Sustainable Climate Change Adaptation
in Indian Country, 9(3) Weather, Climate, & Soc'y 393 (2017), https://
journals.ametsoc.org/doi/pdf/10.1175/WCAS-D-16-0121.1.
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H.R. 729 provides a funding mechanism under the Coastal
Zone Management Act\7\ (CZMA) to help Indian Tribes build
coastal resilience. Approximately twenty-seven federally
recognized tribes, representing approximately 270 miles of
coastline,\8\ will be eligible to apply.
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\7\16 U.S.C. Sec. Sec. 1451 et seq.
\8\Estimates were conducted by Committee staff using the Bureau of
Indian Affairs Tribal Leaders Directory.
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Committee Action
H.R. 729 was introduced on January 23, 2019, by
Representative Derek Kilmer (D-WA). The bill was referred
solely to the Committee on Natural Resources, and within the
Committee to the Subcommittee on Water, Oceans, and Wildlife
and the Subcommittee for Indigenous Peoples of the United
States. On July 25, 2019, the Subcommittee on Water, Oceans,
and Wildlife held a hearing on the bill. On September 25, 2019,
the Natural Resources Committee met to consider the bill. The
Subcommittees were discharged by unanimous consent. No
amendments were offered, and the bill was ordered favorably
reported to the House of Representatives by voice vote.
Hearings
For the purposes of section 103(i) of H. Res. 6 of the
116th Congress--the following hearing was used to develop or
consider H.R. 729: legislative hearing by the Subcommittee on
Water, Oceans, and Wildlife held on July 25, 2019.
Section-by-Section Analysis
Section 1. Short title
Section 2. Grants to further achievement of tribal coastal zone
objectives
This section amends the CZMA by adding a new section that
authorizes a competitive grant program specifically for Indian
Tribes. Grants would help tribes achieve tribal coastal zone
objectives: (1) the protection, restoration, or preservation of
coastal zones that hold important ecological, cultural, and
sacred significance, or traditional, historic, and aesthetic
values essential to a tribe; (2) the preparation and
implementation of a special area management plan and technical
planning for important coastal areas; and (3) coastal or
shoreline stabilization measures for the purpose of public
safety, public access, or cultural or historical preservation.
This section also modifies existing state grants such that they
may be used to fulfill these objectives as well.
The bill authorizes $5 million to carry out these grants
and includes, for grants of $200,000 or more, a matching
requirement that may be waived or reduced if a tribe does not
have sufficient funds.
Committee Oversight Findings and Recommendations
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Natural Resources' oversight findings and
recommendations are reflected in the body of this report.
Compliance With House Rule XIII and Congressional Budget Act
1. Cost of Legislation and the Congressional Budget Act.
With respect to the requirements of clause 3(c)(2) and (3) of
rule XIII of the Rules of the House of Representatives and
sections 308(a) and 402 of the Congressional Budget Act of
1974, the Committee has received the following estimate for the
bill from the Director of the Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, September 30, 2019.
Hon. Raul M. Grijalva,
Chairman, Committee on Natural Resources,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 729, the Tribal
Coastal Resiliency Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Robert Reese.
Sincerely,
Mark P. Hadley
(For Phillip L. Swagel, Director).
Enclosure.
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
H.R. 729 would amend the Coastal Zone Management Act of
1972 and would authorize the appropriation of $5 million a year
for the National Oceanic and Atmospheric Administration (NOAA)
to provide grants to Indian tribes to restore or preserve areas
with ecological, cultural, historic, sacred, or esthetic
significance and to stabilize coastal shorelines.
CBO estimates that implementing the bill would cost $22
million over the 2020-2024 period and $5 million a year
thereafter, assuming appropriation of the authorized amounts.
In 2019, NOAA allocated about $75 million for all coastal zone
management grants. The costs of the legislation, detailed in
Table 1, fall within budget function 300 (natural resources and
environment).
TABLE 1.--ESTIMATED INCREASES IN SPENDING SUBJECT TO APPROPRIATION UNDER H.R. 729
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By fiscal year, in millions of dollars--
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2020 2021 2022 2023 2024 2020-2024
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Authorization...................................... 5 5 5 5 5 25
Estimated Outlays.................................. 3 4 5 5 5 22
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The CBO staff contact for this estimate is Robert Reese.
The estimate was reviewed by H. Samuel Papenfuss, Deputy
Assistant Director for Budget Analysis.
2. General Performance Goals and Objectives. As required by
clause 3(c)(4) of rule XIII, the general performance goals and
objectives of this bill is to amend the Coastal Zone Management
Act of 1972 to authorize grants to Indian Tribes to further
achievement of Tribal coastal zone objectives.
Earmark Statement
This bill does not contain any Congressional earmarks,
limited tax benefits, or limited tariff benefits as defined
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of
the House of Representatives.
Unfunded Mandates Reform Act Statement
This bill contains no unfunded mandates.
Existing Programs
This bill does not establish or reauthorize a program of
the federal government known to be duplicative of another
program. Such program was not included in any report from the
Government Accountability Office to Congress pursuant to
section 21 of Public Law 111-139.
The Coastal Zone Management Administration Awards (CFDA No.
11.419) grants to states modified by this bill at Sec. 2(c) are
related and complementary to, but not duplicative of, the
following programs identified in the most recent Catalog of
Federal Domestic Assistance published pursuant to 31 U.S.C.
6104: Sea Grant Support (CFDA No. 11.417), Coastal Zone
Management Estuarine Research Reserves (CFDA No. 11.420),
Financial Assistance for National Centers for Coastal Ocean
Science (CFDA No. 11.426), Marine Sanctuary Program (CFDA No.
11.429), Regional Fishery Management Councils (CFDA No.
11.441), Chesapeake Bay Studies (CFDA No. 11.457),
Congressionally Identified Awards and Projects (CFDA No.
11.469), Office for Coastal Management (CFDA No. 11.473), and
Coral Reef Conservation Program (CFDA No. 11.482).
The grants to Indian Tribes established by this bill at
Sec. 2(a) would be related and complementary to, but not
duplicative of, the following programs identified in the most
recent Catalog of Federal Domestic Assistance published
pursuant to 31 U.S.C. 6104: Tribal Climate Resilience (CFDA No.
15.156), Gulf Coast Ecosystem Restoration Council Comprehensive
Plan Component (CFDA No. 66.130), National Estuary Program
(CFDA No. 66.456), Direct Implementation Tribal Cooperative
Agreements (CFDA No. 66.473), Gulf Coast Ecosystem Restoration
Council Comprehensive Plan Component Program (CFDA No. 87.051),
and Flood Mitigation Assistance (CFDA No. 97.029), as well as
Sea Grant Support (CFDA No. 11.417), Coastal Zone Management
Administration Awards (CFDA No. 11.419), Coastal Zone
Management Estuarine Research Reserves (CFDA No. 11.420),
Financial Assistance for National Centers for Coastal Ocean
Science (CFDA No. 11.426), Marine Sanctuary Program (CFDA No.
11.429), Regional Fishery Management Councils (CFDA No.
11.441), Chesapeake Bay Studies (CFDA No. 11.457),
Congressionally Identified Awards and Projects (CFDA No.
11.469), Office for Coastal Management (CFDA No. 11.473), and
Coral Reef Conservation Program (CFDA No. 11.482).
Applicability to Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act.
Preemption of State, Local, or Tribal Law
Any preemptive effect of this bill over state, local, or
tribal law is intended to be consistent with the bill's
purposes and text and the Supremacy Clause of Article VI of the
U.S. Constitution.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, and existing law in which no
change is proposed is shown in roman):
COASTAL ZONE MANAGEMENT ACT OF 1972
TITLE III--MANAGEMENT OF THE COASTAL ZONE
* * * * * * *
resource management improvement grants
Sec. 306A. (a) For purposes of this section--
(1) The term ``eligible coastal state'' means a
coastal state that for any fiscal year for which a
grant is applied for under this section--
(A) has a management program approved under
section 306; and
(B) in the judgment of the Secretary, is
making satisfactory progress in activities
designed to result in significant improvement
in achieving the coastal management objectives
specified in section 303(2)(A) through (K).
(2) The term ``urban waterfront and port'' means any
developed area that is densely populated and is being
used for, or has been used for, urban residential
recreational, commercial, shipping or industrial
purposes.
(b) The Secretary may make grants to any eligible coastal
state to assist that state in meeting one or more of the
following objectives:
(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) 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 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.
(c)(1) Each grant made by the Secretary under this section
shall be subject to such terms and conditions as may be
appropriate to ensure that the grant is used for purposes
consistent with this section.
(2) Grants made under this section may be used for--
(A) 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[.]; and
(F) fulfilling any Tribal coastal zone objective (as
that term is defined in section 320).
(d)(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) 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) 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.
* * * * * * *
SEC. 320. GRANTS TO FURTHER ACHIEVEMENT OF TRIBAL COASTAL ZONE
OBJECTIVES.
(a) Grants Authorized.--The Secretary may award competitive
grants to Indian Tribes to further achievement of the
objectives of such a Tribe for its Tribal coastal zone.
(b) Cost Share.--
(1) In general.--The Federal share of the cost of any
activity carried out with a grant under this section
shall be--
(A) in the case of a grant of less than
$200,000, 100 percent of such cost; and
(B) in the case of a grant of $200,000 or
more, 95 percent of such cost, except as
provided in paragraph (2).
(2) Waiver.--The Secretary may waive the application
of paragraph (1)(B) with respect to a grant to an
Indian Tribe, or otherwise reduce the portion of the
share of the cost of an activity required to be paid by
an Indian Tribe under such paragraph, if the Secretary
determines that the Tribe does not have sufficient
funds to pay such portion.
(c) Compatibility.--The Secretary may not award a grant under
this section unless the Secretary determines that the
activities to be carried out with the grant are compatible with
this title and that the grantee has consulted with the affected
coastal state regarding the grant objectives and purposes.
(d) Authorized Objectives and Purposes.--Amounts awarded as a
grant under this section shall be used for one or more of the
objectives and purposes authorized under subsections (b) and
(c), respectively, of section 306A.
(e) Funding.--Of amounts appropriated to carry out this Act,
$5,000,000 is authorized to carry out this section for each
fiscal year.
(f) Definitions.--In this section:
(1) Indian land.--The term ``Indian land'' has the
meaning that term has under section 2601 of the Energy
Policy Act of 1992 (25 U.S.C. 3501).
(2) Indian tribe.--The term ``Indian Tribe'' means
an Indian tribe, as that term is defined in section 4
of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 5304).
(3) Tribal coastal zone.--The term ``Tribal coastal
zone'' means any Indian land of an Indian Tribe that is
within the coastal zone.
(4) Tribal coastal zone objective.--The term ``Tribal
coastal zone objective'' means, with respect to an
Indian Tribe, any of the following objectives:
(A) Protection, restoration, or preservation
of areas in the Tribal coastal zone of such
Tribe that hold--
(i) important ecological, cultural,
or sacred significance for such Tribe;
or
(ii) traditional, historic, and
esthetic values essential to such
Tribe.
(B) Preparing and implementing a special area
management plan and technical planning for
important coastal areas.
(C) Any coastal or shoreline stabilization
measure, including any mitigation measure, for
the purpose of public safety, public access, or
cultural or historical preservation.
DISSENTING VIEWS
Congress enacted the Coastal Zone Management Act (CZMA) to
``preserve, protect, develop, and where possible, to restore or
enhance the resources of the nation's coastal zone.''\1\
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\1\16 U.S.C. 1452.
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This law gives eligible coastal States and territories the
flexibility to design programs that best address local
challenges. One component of the CZMA is providing financial
assistance through grants to States and territories to
implement their coastal zone management programs. The National
Oceanic and Atmospheric Administration (NOAA) allocates the
majority of grants using formulas based on shoreline lengths
and coastal populations, and most of the grants are matched on
a 1:1 basis.\2\
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\2\https: www.corporateservices.noaa.gov/nbo/fy20_bluebook/NOAA-
FY20-Congressional-Justification.pdf.
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However, this would not be the case with H.R. 729, which
would permanently earmark $5 million of the annually
appropriated CZMA grant dollars for tribes and potentially
waive any cost sharing requirement. This earmark is not
necessary; as demonstrated by the legislation's savings clause,
tribes already have the ability to participate in any program
authorized by the CZMA. We also have significant concerns with
the impact this would have on existing coastal zone management
programs.
Lastly, NOAA expressed concerns during our legislative
hearing that H.R. 729 would focus funding on objectives it
finds ``capital-intensive and, in some cases, adversely affect
nearby beaches, dunes, and other coastal resources.''\3\ For
these reasons, we oppose this legislation.
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\3\Written testimony by RDML Tim Gallaudet, Deputy NOAA
Administrator, Hearing July 25, 2019.
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Rob Bishop (UT).
Jody B. Hice.
Mike Johnson (LA).
Kevin Hern (OK).
[all]