[House Report 116-283]
[From the U.S. Government Publishing Office]


116th Congress    }                                     {      Report
                        HOUSE OF REPRESENTATIVES
 1st Session      }                                     {     116-283

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



 
                     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
----------------------------------------------------------------------------------------------------------------
                                                               By fiscal year, in millions of dollars--
                                                    ------------------------------------------------------------
                                                       2020      2021      2022      2023      2024    2020-2024
----------------------------------------------------------------------------------------------------------------
Authorization......................................         5         5         5         5         5         25
Estimated Outlays..................................         3         4         5         5         5         22
----------------------------------------------------------------------------------------------------------------

    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]