[House Report 117-564]
[From the U.S. Government Publishing Office]
117th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 117-564
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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
_______
November 16, 2022.--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. 1415]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred
the bill (H.R. 1415) 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, reports favorably thereon
with an amendment and recommends that the bill as amended do
pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. GRANTS TO FURTHER ACHIEVEMENT OF TRIBAL COASTAL ZONE
OBJECTIVES.
(a) Grants Authorized.--The Coastal Zone Management Act of 1972 (16
U.S.C. 1451 et seq.) is amended by adding at the end the following:
``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 such Tribe's Tribal coastal zone.
``(b) Cost Share.--
``(1) In general.--The Federal share of the cost of any
activity carried out with a grant of $200,000 or more under
this section shall not exceed 95 percent of such cost, except
as provided in paragraph (2).
``(2) Waiver.--The Secretary may waive the application of
paragraph (1) 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.
``(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.
``(d) Authorized Objectives and Purposes.--Amounts awarded as a grant
under this section shall be used for 1 or more of the objectives and
purposes authorized under subsections (b) and (c), respectively, of
section 306A.
``(e) Funding.--There is authorized to be appropriated to the
Secretary $5,000,000 to carry out this section for each of fiscal years
2022 through 2026, of which up to 5 percent may be retained by NOAA to
administer this section.
``(f) Definitions.--In this section, the following definitions apply:
``(1) Indian land.--The term `Indian land' has the meaning
given such term in section 2601 of the Energy Policy Act of
1992 (25 U.S.C. 3501) and the Indian Tribe is within a coastal
state, as that term is defined in section 304(4) (16 U.S.C.
1453(4)).
``(2) Indian tribe.--The term `Indian Tribe' has the meaning
given such term 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 that is within the coastal zone, as that
term is defined in section 304(1) (16 U.S.C. 1453(1)).
``(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 aesthetic
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.''.
(b) Guidance.--Not later than 180 days after the date of the
enactment of this Act, the Administrator shall issue guidance for the
program established under the amendment made by subsection (a),
including the criteria for awarding grants under such program based on
consultation with Indian Tribes.
(c) Use of State Grants To Fulfill Tribal Objectives.--Section
306A(c)(2) of the Coastal Zone Management Act of 1972 (16 U.S.C.
1455a(c)(2)) is amended by striking ``and'' after the semicolon at the
end of subparagraph (D), by striking the period at the end of
subparagraph (E) and inserting ``; and'', and by adding at the end the
following:
``(F) fulfilling any Tribal coastal zone objective (as that
term is defined in section 320).''.
(d) Other Programs Not Affected.--Nothing in this section and the
amendments made by this section may be construed to limit the ability
of an Indian Tribe to apply for, receive assistance under, or
participate in any program authorized by any section of the Coastal
Zone Management Act of 1972 (16 U.S.C. 1451 et seq.) other than section
320 of such Act or other related Federal laws.
Purpose of the Bill
The purpose of H.R. 1415 is to amend the Coastal Zone
Management Act of 1972 to authorize grants to Indian Tribes to
further achievement of Tribal coastal zone objectives.
Background and Need for Legislation
While most communities are at risk from the adverse impacts
of climate change, Indigenous peoples are disproportionately
vulnerable because of public health, food security, and
infrastructure threats.\1\ Throughout Indian Country, an
increase in flooding, wildfire, drought, and rising sea levels
threaten Indigenous peoples' ways of life, affecting their
traditional subsistence hunting and fishing rights, and
negatively impacting their commercial activities and tourism
enterprises. Tribal lands in coastal areas are changing due to
extreme weather, erosion, and impacts on natural resources.\2\
Indigenous peoples have proactively identified and addressed
climate impacts but face institutional barriers.\3\ The primary
obstacle is limited access to programs and funding streams that
account for the unique situations of Indigenous communities.
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\1\See, e.g., Lesley Jantarasami et al., Tribes and Indigenous
Peoples, in U.S. Glob. Change Rsch. Program, Impacts, Risks, and
Adaptation in the United States: Fourth National Climate Assessment,
Volume II ch. 15 (2018), available at https://nca2018.globalchange.gov/
chapter/15/; Janet L. Gamble & John Balbus et al., Populations of
Concern, in U.S. Glob. Change Rsch. Program, the Impacts of Climate
Change on Human Health in the United States ch. 9 (2016), https://
health2016.globalchange.gov/high/ClimateHealth2016_09_Populations.pdf.
\2\See, e.g., NW. Indian Fisheries Comm'n, Climate Change and Our
Natural Resources: A Report From the Treaty Tribes in Western
Washington (2016), https://nwifc.org/w/wp-content/uploads/downloads/
2017/01/CC_and_Our_NR_Report_2016-1.pdf.
\3\See, e.g., Shannon M. McNeeley, Sustainable Climate Change
Adaptation in Indian Country, 9(3) Weather, Climate, & Soc'y 393
(2017), available at https://doi.org/10.1175/WCAS-D-16-0121.1.
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H.R. 1415 would provide a funding mechanism for Indian
Tribes to help build their coastal resiliency. Specifically,
the bill includes funding under the Coastal Zone Management Act
for Indian Tribes within coastal zones. The bill would expand
Coastal Zone Management Act grant eligibility to tribes and
Alaska Native Corporations and remove the need for tribes, as
sovereign entities, to channel requests through a state.
Committee Action
H.R. 1415 was introduced on February 26, 2021, by
Representative Derek Kilmer (D-WA). The bill was referred 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
June 22, 2021, the full Committee held a hearing on the bill.
On January 19, 2022, the Natural Resources Committee met to
consider the bill. The Subcommittees were discharged by
unanimous consent. Chair Raul M. Grijalva (D-AZ) offered an
amendment in the nature of a substitute. Ranking Member Bruce
Westerman (R-AR) offered an amendment designated Westerman #3
to the amendment in the nature of a substitute. The amendment
was not agreed to by voice vote. No additional amendments were
offered. The amendment in the nature of a substitute was agreed
to by voice vote. The bill, as amended, was adopted and ordered
favorably reported to the House of Representatives by a roll
call vote of 24 yeas and 16 nays, as follows:
Hearings
For the purposes of clause 3(c)(6) of House rule XIII, the
following hearing was used to develop or consider this measure:
hearing by the full Committee held on June 22, 2021.
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, as well as clause 3(d) of rule XIII of the Rules of the
House of Representatives, 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, May 23, 2022.
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. 1415, a bill 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.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Robert Reese.
Sincerely,
Phillip L. Swagel,
Director.
Enclosure.
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
H.R. 1415 would amend the Coastal Zone Management Act of
1972 and authorize the appropriation of $5 million annually
over the 2022-2026 period for the National Oceanic and
Atmospheric Administration (NOAA) to provide competitive grants
to Indian tribes. Those grants could be used to:
Protect, preserve, or restore coastal land
that tribes consider to have important ecological,
cultural, or sacred significance or traditional,
historic, or aesthetic values;
Create or implement area management plans
for coastal land; and
Stabilize coastal shorelines.
The bill also would allow certain grants to states to be
used for projects on tribal land related to coastal resiliency
or restoration activities.
Based on spending patterns for similar grants, CBO
estimates that implementing H.R. 1415 would cost $18 million
over the 2022-2027 period and $7 million after 2027, assuming
appropriation of the specified amounts. In 2021, NOAA allocated
about $79 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. 1415
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By fiscal year, millions of dollars--
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2022 2023 2024 2025 2026 2027 2022-2027
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Authorization.................................. 5 5 5 5 5 0 25
Estimated Outlays.............................. * 1 3 5 5 4 18
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* = between zero and $500,000.
The CBO staff contact for this estimate is Robert Reese.
The estimate was reviewed by H. Samuel Papenfuss, Deputy
Director of 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 are 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
According to CBO, this bill contains no unfunded mandates
as defined by the Unfunded Mandates Reform Act.
Existing Programs
This bill does not establish or reauthorize a program of
the federal government known to be duplicative of another
program. The bill would modify, but not establish or
reauthorize, state grants under Section 306A of the Coastal
Zone Management Act of 1972 (16 U.S.C. 1455a). The bill would
establish Grants to Further Achievement of Tribal Coastal Zone
Objectives as a new 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 new
competitive program is related and complementary to, but not
duplicative of, the following program identified in the most
recent Catalog of Federal Domestic Assistance published
pursuant to 31 U.S.C. Sec. 6104: Coastal Zone Management
Administration Awards (CFDA No. 11.419).
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 italics, 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 such Tribe's Tribal coastal
zone.
(b) Cost Share.--
(1) In general.--The Federal share of the cost of any
activity carried out with a grant of $200,000 or more
under this section shall not exceed 95 percent of such
cost, except as provided in paragraph (2).
(2) Waiver.--The Secretary may waive the application
of paragraph (1) 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.
(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.
(d) Authorized Objectives and Purposes.--Amounts awarded as a
grant under this section shall be used for 1 or more of the
objectives and purposes authorized under subsections (b) and
(c), respectively, of section 306A.
(e) Funding.--There is authorized to be appropriated to the
Secretary $5,000,000 to carry out this section for each of
fiscal years 2022 through 2026, of which up to 5 percent may be
retained by NOAA to administer this section.
(f) Definitions.--In this section, the following definitions
apply:
(1) Indian land.--The term ``Indian land'' has the
meaning given such term in section 2601 of the Energy
Policy Act of 1992 (25 U.S.C. 3501) and the Indian
Tribe is within a coastal state, as that term is
defined in section 304(4) (16 U.S.C. 1453(4)).
(2) Indian tribe.--The term ``Indian Tribe'' has the
meaning given such term 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 that is within the coastal
zone, as that term is defined in section 304(1) (16
U.S.C. 1453(1)).
(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
aesthetic 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
H.R. 1415 is also included as a part of H.R. 3764
(Grijalva), the massive Ocean-Based Climate Solutions Act,
which Republicans opposed at Committee markup in 2020.
H.R. 1415 would create a new $25 million grant program
under the Coastal Zone Management Act specifically for
federally recognized Indian tribes and Alaska Native
Corporations. This funding would be in addition to the funding
already allocated to states, which Indian tribes have the
ability to access through partnerships with states to complete
projects. As reported out of Committee, the federal government
would pay for 95 percent of the cost of any activity carried
out under the bill. The Secretary of the Interior would also
have the discretion to wave the already minimal 5 percent non-
federal cost share.
In addition, H.R. 1415 as reported by the Committee on
Natural Resources would remove a commonsense requirement that
grantees consult with the affected coastal state regarding
their grant objectives and purposes, which could lead to less
efficient and uncoordinated expenditure of program funds.
Lastly, the Committee's Majority ignored concerns raised by the
National Oceanic and Atmospheric Administration (NOAA) during a
legislative hearing in the 117th Congress that this bill would
focus funding on objectives NOAA finds ``capital-intensive and,
in some cases, adversely affect nearby beaches, dunes, and
other coastal resources.''\1\
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\1\Written testimony by RDML Tim Gallaudet, Deputy NOAA
Administrator, Hearing, July 25, 2019.
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For these reasons, I oppose H.R. 1415.
Bruce Westerman.
[all]