[Senate Report 109-137]
[From the U.S. Government Publishing Office]
Calendar No. 211
109th Congress Report
SENATE
1st Session 109-137
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COASTAL ZONE ENHANCEMENT REAUTHORIZATION ACT OF 2005
__________
R E P O R T
OF THE
COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
on
S. 360
September 15, 2005.--Ordered to be printed
SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
one hundred ninth congress
first session
TED STEVENS, Alaska, Chairman
DANIEL K. INOUYE, Hawaii, Co-Chairman
JOHN McCAIN, Arizona JOHN D. ROCKEFELLER IV, West
CONRAD BURNS, Montana Virginia
TRENT LOTT, Mississippi JOHN F. KERRY, Massachusetts
KAY BAILEY HUTCHISON, Texas BYRON L. DORGAN, North Dakota
OLYMPIA J. SNOWE, Maine BARBARA BOXER, California
GORDON H. SMITH, Oregon BILL NELSON, Florida
JOHN ENSIGN, Nevada MARIA CANTWELL, Washington
GEORGE ALLEN, Virginia FRANK LAUTENBERG, New Jersey
JOHN E. SUNUNU, New Hampshire E. BENJAMIN NELSON, Nebraska
JIM DeMINT, South Carolina MARK PRYOR, Arkansas
DAVID VITTER, Louisiana
Lisa Sutherland, Staff Director
Christine Drager Kurth, Deputy Staff Director
David Russell, Chief Counsel
Margaret Cummisky, Democratic Staff Director and Chief Counsel
Samuel Whitehorn, Democratic Deputy Staff Director and General Counsel
Calendar No. 211
109th Congress Report
SENATE
1st Session 109-137
======================================================================
COASTAL ZONE ENHANCEMENT REAUTHORIZATION ACT OF 2005
_______
September 15, 2005.--Ordered to be printed
_______
Mr. Stevens, from the Committee on Commerce, Science, and
Transportation, submitted the following
R E P O R T
[To accompany S. 360]
The Committee on Commerce, Science, and Transportation, to
which was referred the bill (S. 360) to amend the Coastal Zone
Management Act, 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. 360, the Coastal Zone Enhancement Reauthorization Act of
2005, as reported, would reauthorize the Coastal Zone
Management Act (CZMA) of 1972. It would: streamline the
processes under the CZMA for reviewing, approving, and
appealing decisions on Federal actions in the coastal zone;
establish new coastal community and nonpoint pollution
reduction programs; authorize appropriations for fiscal years
(FYs) 2006 through 2010; and make clarifying and technical
changes throughout the Act.
Background and Needs
The United States has more than 95,000 miles of coastline,
and the coastal zone is home to over half the nation's
population. More than 3,600 people move to coastal areas each
day, and an estimated 180 million people visit coastal areas
annually. These tourists seek beaches, marinas, recreational
fishing, and other coastal amenities, generating billions of
dollars annually for coastal economies. At the same time, more
than 360 seaports border the nation's shores that collectively
handle $700 billion in goods annually, and this number is
expected to double in the next two decades. Beyond urban and
industrial areas, the coastline is also home to estuaries, sand
dunes, salt marshes, and mangroves that serve as breeding and
forage areas for fish, birds, and other animals as well as
perform other functions such as natural water filtration and
flood control.
The urban, industrial, and ecological features of the
coastline present challenges to coastal zone managers in the
nation's 30 coastal States and 5 Territories, each of which has
jurisdiction over the management and development of coastal
lands and ocean resources within 3 nautical miles of its
coastline (for historical reasons, the ocean waters of Texas,
the west coast of Florida, and Puerto Rico extend to 9 nautical
miles). Each State develops laws and regulations for addressing
its own coastal management issues. Typically, States allow
local-level planning bodies to make decisions on coastal land
use planning, zoning, infrastructure development, access,
recreation, resource development and conservation, and other
coastal issues, yet the cumulative effects of these independent
decisions have impacts that extend to regional and national
levels.
Certain coastal zone management issues have significant
bearing on the national interest, especially regarding
commerce, navigation, national security, power generation, and
the use and protection of natural resources. Therefore, States
should also consider the national interest when determining how
and where to manage their coastal lands and resources, and
Federal agencies need to work in partnership with State
agencies to facilitate planning decisions that meet their
common interest. To help meet these needs for coastal planning
and management across the nation, Congress enacted the CZMA in
1972.
The CZMA provides incentives to States to develop
comprehensive programs to balance the many competing uses of
coastal resources and meet the needs for the future growth of
coastal communities. As a voluntary program, the framework of
the CZMA enables participating States to address multiple
societal, cultural, economic, and environmental objectives,
while providing States with flexibility to prioritize
management issues and utilize existing State regulatory
programs.
Once a State has finished writing its coastal management
program plan, the State submits its plan to the National
Oceanic and Atmospheric Administration's (NOAA) National Ocean
Service for approval. Once a State program has received Federal
approval, subsequent Federal actions, including the issuance of
Outer Continental Shelf leasing licenses and other permits, are
required to be consistent with the federally-approved State
coastal policies. This is frequently referred to as the Federal
consistency requirement. It is considered a primary incentive
for States to join the voluntary national coastal management
program because it allows States to review and address the
impacts of Federal Government actions on coastal uses and
resources.
The CZMA also provides financial assistance to States that
have federally-approved coastal management programs through
several grant programs. The four grant programs are
Administration Grants (section 306), Resource Management
Improvement Grants (section 306A), Coastal Zone Management Fund
(section 308), and Coastal Zone Enhancement Grant (section
309).
To date, 34 of the 35 eligible coastal States (with the
exception of Illinois) and U.S. territories have federally-
approved plans. The approved plans cover 99.9 percent of the
eligible coastline of the United States.
Congress last reauthorized the CZMA in 1996 (Public Law 104-
150). That reauthorization expired at the end of FY 1999. The
U.S. Commission on Ocean Policy (Commission) recommended in its
final report released in September, 2004, that this Act be
reauthorized and strengthened. The Commission devoted
significant attention to the issues that continue to challenge
coastal zone managers around the nation, and its final report
included several recommendations for improving coastal
management. Overall, the Commission recommended increasing
support to States for coastal plans and activities, improving
regional coordination and assessment efforts, and increasing
investment in coastal science, research, and technical support.
Specifically related to the CZMA, the Commission recommended
strengthening States' coordination abilities, increasing
Federal support for community development, expanding investment
in coastal habitat work, and supporting State coastal resource
assessments.
The bill as reported is largely consistent with oral and
written testimony provided to the Committee at its May 25,
2005, hearing on the implementation of the CZMA and issues
related to its reauthorization, which was chaired by Senator
Snowe. The Committee heard testimony from Dr. Thomas Kitsos of
the National Oceanic and Atmospheric Administration, Dr. Walter
Cruickshank of the U.S. Department of the Interior, Ms. Sarah
W. Cooksey, representing the Coastal States Organization, Ms.
Sarah Chasis of the Natural Resources Defense Council, Mr. Tom
Fry, representing the National Ocean Industries Association,
Dr. W. Donald Hudson, Jr., representing the Gulf of Maine
Council on the Marine Environment, and Mr. Bill Jeffress of the
Alaska Department of Natural Resources.
At this hearing, the Committee heard near-unanimous support
for the CZMA and S. 360. The Coastal States Organization
reiterated its support for S. 360, which was reinforced by
letters from the States of Texas, South Carolina, Alabama,
Virginia, California, Washington, Maine, Massachusetts, and
Oregon. All other written testimony submitted for this hearing
consists of documents in support of S. 360 from the National
Estuarine Research Reserve Association, the American Planning
Association, The Nature Conservancy, and a former Commissioner
of the U.S. Commission on Ocean Policy. While not criticizing
the language included in S. 360, at the hearing Mr. Fry and Mr.
Jeffress expressed an interest in adding language that would
further streamline the regulatory permitting and approval
processes for offshore industries. Ms. Cooksey and Ms. Chasis
expressed concern that any streamlining not impact
opportunities for State comment or undermine the adequacy of
the appeals record.
Summary of Provisions
S. 360, as amended by a manager's amendment adopted at the
Executive Session, would update the CZMA in response to
evolving State program needs, while preserving its voluntary,
incentive-based nature and upholding the Federal consistency
requirement. The key provisions of S. 360, as reported, include
streamlining the processes for reviewing, approving, and
appealing Federal actions in State waters; updating funding
authorization levels for FYs 2006 through 2010; and creating a
new Coastal Community Program targeting local planning and
infrastructure needs, which includes a new funding mechanism
for addressing non-point pollution control.
A significant change to the CZMA includes increased
authorization levels. Within the last several years, the pace
of coastal land use and development has placed increasing
demands and costs on State coastal zone planning offices, and
the funding needs of States have outpaced funds available
through CZMA matching grant programs. Federal funding for CZMA
programs has decreased from $101.8 million in FY 2002 to $91.8
million in FY 2005. For many States, the lack of sufficient
funding has caused them to scale back coastal management
program activities and reduce staff levels. Lack of funds has
been a limiting factor in effectively implementing and
monitoring their federally-approved coastal zone management
plans and other Federal mandates aimed at reducing coastal
water pollution.
Based on estimates of States' coastal management activities
and projected costs over the next 5 years, the manager's
amendment would authorize a total of $125.5 million for CZMA
grant programs in FY 2006, increasing to $138 million in FY
2010. To meet States' goals for coastal science and education
through National Estuarine Research Reserve sites and
facilities, the manager's amendment would authorize $37 million
in FY 2006, increasing to $41 million in FY 2010. For overall
CZMA program administration at NOAA, this bill would authorize
$7.5 million in FY 2006, increasing to $8.5 million in FY 2010.
In the last several years, many States have sought Federal
support for establishing partnerships with and among local
communities to encourage wise and sustainable development of
their public resources. S. 360, as amended, would establish
such a new program under section 309A, the Coastal Community
Program. This program would increase Federal and State support
of community-based activities 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
areas, emphasize water dependent uses, and protect coastal
waters and habitats. Within the total grant authorization
described above, the manager's amendment would authorize $29
million for section 309A activities in FY 2006 and increase
funding levels by $1 million a year until funding reaches $32
million in FYs 2009 and 2010.
In addition, many States currently conduct programs to
mitigate nonpoint source pollution, or polluted runoff.
Polluted runoff refers to rainfall and other water that travels
over land--picking up significant amounts of oils, fertilizers,
and other chemical pollutants--and is eventually discharged in
coastal waters. Although many States use existing section 306,
306A, and 309 grants for nonpoint pollution reduction programs,
it continues to be one of the most challenging issues facing
coastal areas. Although no further policy authorization is
necessary for continuing these activities under the CZMA, S.
360 as amended would encourage States to take additional steps
to address polluted runoff by directing specific funding to
coastal polluted runoff programs through the Coastal Community
Program. Each year, $10 million or 35 percent of section 309A
funding, whichever is less, would be made available for State-
developed and community-based polluted runoff prevention and
control activities. The funding would be used to assist coastal
communities to coordinate and implement approved coastal
nonpoint source pollution control strategies and measures.
To implement the consistency requirement of the CZMA, which
grants coastal States authority to address the impacts of
proposed Federal actions off their shores, NOAA has established
procedures for reviewing, commenting on, and appealing Federal
decisions. These processes often take more time than warranted.
The committee examined the source of the delays and agreed to
make three changes to streamline the Federal consistency
processes.
First, the bill as amended would limit the comment period on
Federal actions to 270 days (with a one-time 60 day stay, if
requested by the parties or the Secretary of Commerce) and
require that the Secretary of Commerce issue final decisions on
appeals filed after the date of enactment of this Act within 90
days (only one 45 day extension is possible). For appeals filed
before enactment of S. 360, the Secretary would have to close
the record within 180 days of enactment, but no earlier than
December 31, 2006, and issue the decision within 90 days of
record closure. The intent of these provisions is to bring more
predictability to the appeals process and ensure that the
timeline will not be extended unreasonably. At the same time,
it will allow enough time to compile all statutorily-required
information that the Secretary of Commerce must consider, which
will minimize the risk of subsequent litigation. The Committee
based this language on timelines contained in NOAA's proposed
rulemaking to revise the CZMA Federal Consistency Regulations,
68 Fed. Reg. 34851 (June 11, 2003), which the Administration
developed in consultation with coastal States, ocean
industries, and other interested stakeholders.
Second, the bill, as approved, would direct the Secretary of
Commerce and the Commissioner of the Federal Energy Regulatory
Commission (FERC) to prepare a memorandum of understanding on
how they would coordinate their reviews and schedules of
coastal energy activities. The intent of this is to prevent
unnecessary delays in collecting information for an appeal.
Third, the bill also contains new language that would allow
Alaska to apply the Federal consistency requirement only to a
Federal action ``inland of the coastal zone'' that ``directly
and significantly affects'' land, water, or natural resources
in the coastal zone. In other words, Federal actions on
Alaska's interior that do not directly and significantly affect
the coastal zone would no longer be subject to State CZMA
review. Alaska's coastal managers argued that the consistency
requirement has been overly burdensome for many of their cases,
thereby warranting this change. Nevertheless, other coastal
States' coastal zone managers value the existing broad reach of
the consistency authority, and the language of the provision
reflects the Committee's intent that this language only apply
to Alaska.
Legislative History
On February 10, 2005, Senator Snowe introduced S. 360, the
Coastal Zone Enhancement Reauthorization of 2005, a bill to
reauthorize the Coastal Zone Management Act of 1972. The bill,
cosponsored by Senators Kerry, Sarbanes, Cantwell, DeWine,
Levin, and Lautenberg, was referred to the Senate Committee on
Commerce, Science, and Transportation. Senator Snowe chaired a
full committee hearing on CZMA reauthorization issues and S.
360 on May 25, 2005, as described above.
On July 21, 2005, the Committee considered a manager's
amendment to this bill. At this Executive Session, the Commerce
Committee ordered S. 360 to be reported favorably as amended.
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, August 19, 2005.
Hon. Ted Stevens,
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. 360, the Coastal
Zone Enhancement Reauthorization Act of 2005.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Megan
Carroll.
Sincerely,
Douglas Holtz-Eakin,
Director.
Enclosure.
S. 360--Coastal Zone Enhancement Reauthorization Act of 2005
Summary: S. 360 would amend the Coastal Zone Management Act
of 1972 (CZMA), which governs federal and state environmental
management of coastal areas. The bill would authorize
appropriations for grants to state and local governments and
other coastal zone management programs administered by the
National Oceanic and Atmospheric Administration (NOAA).
Assuming appropriation of the authorized amounts, CBO
estimates that implementing S. 360 would cost $26 million in
2006 and $643 million over the next five years. Enacting S. 360
could increase direct spending and revenues, but we estimate
that any such increases would not exceed $500,000 a year.
S. 360 contains no intergovernmental or private-sector
mandates as defined by the Unfunded Mandates Reform Act (UMRA).
The bill would benefit coastal states and local governments;
any costs they incur would result from complying with
conditions for receiving federal assistance.
Estimated cost to the Federal Government: The estimated
budgetary impact of S. 360 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--
-----------------------------------------------------
2005 2006 2007 2008 2009 2010
----------------------------------------------------------------------------------------------------------------
SPENDING SUBJECT TO APPROPRIATION
Current law:
Budget authority\1\................................... 124 0 0 0 0 0
Estimated outlays..................................... 157 123 55 12 0 0
Proposed changes:
Authorization level................................... 0 170 176 176 182 188
Estimated outlays..................................... 0 26 103 157 176 181
Spending under S. 360:
Authorization level\1\................................ 124 170 176 176 182 188
Estimated outlays..................................... 157 149 158 169 176 181
----------------------------------------------------------------------------------------------------------------
\1\The 2005 level is the amount provided for that year to NOAA for coastal zone management activities.
Basis of Estimate: S. 360 would authorize the appropriation
of $892 million over the 2006-2010 period for the Secretary of
Commerce to implement the CZMA. Under that act, NOAA provides
grants and assistance to states and local governments to
support efforts to conserve and enhance coastal resources and
estuarine reserves. S. 360 would expand existing programs to
allow grant recipients to use those funds to address emerging
issues such as nonpoint pollution in coastal areas. The bill
also would authorize new grants to assess and manage
development in coastal communities. Based on historical
spending patterns for activities under the CZMA, CBO estimates
that implementing S. 360 would cost $26 million in 2006 and
$643 million over the next five years. That estimate assumes
that S. 360 will be enacted near the start of fiscal year 2006
and that funds will be provided as specified in the bill.
In addition, the bill would authorize the Secretary to
accept and use donations from the public for projects to study
and enhance estuarine resources. Such donations are recorded in
the budget as revenues, and spending of the gifts would be
considered new direct spending. Based on information from NOAA,
CBO estimates that any increases in revenues and subsequent
direct spending would be less than $500,000 annually.
Intergovernmental and private-sector impact: S. 360
contains no intergovernmental or private-sector mandates as
defined in UMRA. Much of the money authorized by the bill would
fund grant programs that require matching contributions from
participating governments. States would be able to allocate a
portion of the grant funds received under the program to
qualified local entities, including local governments, to
further their coastal management programs. Any costs to those
states, including matching funds, would result from complying
with conditions for receiving federal assistance.
Estimate prepared by: Federal costs: Megan Carroll; impact
on state, local, and tribal governments: Lisa Ramirez-Branum;
impact on the private sector: Craig Cammarata.
Estimate approved by: Robert A. Sunshine, 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:
NUMBER OF PERSONS COVERED
The reported bill would reauthorize the CZMA and amend it by
streamlining the processes for gathering information and
issuing appeals decisions; authorizing appropriations for FYs
2006 through 2010; and adding new funding initiatives on
coastal community planning and nonpoint pollution reduction
that participating States can access. It does not authorize any
new regulations and, therefore, would not subject any
individuals or businesses to new regulations.
ECONOMIC IMPACT
The bill, as reported, provides authorization levels of $170
million for FY 2006, $175.8 million for FY 2007, $176 million
for FY 2008, $182.3 million for FY 2009, and $187.5 million for
FY 2010 for NOAA to carry out the purposes of the bill. These
funding levels are not expected to have an inflationary impact
on the nation's economy.
PRIVACY
This legislation would not have any adverse impact on the
personal privacy of the individuals that would be impacted by
this legislation.
PAPERWORK
The reported bill would not increase paperwork requirements
for the private sector. Those State, local, and non-
governmental partners that volunteer to participate in CZMA
programs and comment on proposed coastal zone activities would
likely increase their written communications, data management,
and technical expertise capacity related to coastal zone
management.
Section-by-Section Analysis
Section 1. Short title; table of contents
This section provides the table of contents and the title of
the bill, the Coastal Zone Enhancement Reauthorization Act of
2005 (CZER).
Section 2. Amendment of Coastal Zone Management Act
This section specifies that amendments and repeals in this
bill apply to the Coastal Zone Management Act of 1972 (CZMA)
(16 U.S.C. 1451 et seq.).
Section 3. Findings
This section amends section 302 of the CZMA (Findings) to
reflect emerging issues, including the importance of Federal
and State support of local community-based planning and
strategies to address local problems. New findings include the
need to increase local and State capacity to identify public
infrastructure and open space needs; the need to develop and
implement plans that provide for sustainable growth; addressing
resource protection and community revitalization; and
supporting the National Estuarine Research Reserve System
(NERRS) as a vehicle for coastal stewardship, research and
development, training, education, and outreach.
Section 4. Policy
This section amends section 303 of the CZMA (Declarations of
Policy) to include support for the NERRS and encourage the use
of innovative technologies and techniques in the coastal zone
for long-term coastal conservation. It includes specific
support for improved coastal management decision-making, State-
based conservation, monitoring, research, outreach, and
education, and it places emphasis on cooperative and
coordinated approaches to coastal management. It emphasizes the
roles of State and local government in addressing habitat
issues.
Section 5. Changes in definitions
This section amends section 304 of the CZMA (Definitions) to
clarify the terms ``estuarine reserve'' and ``coastal nonpoint
pollution control program;'' add a definition for ``qualified
local entity'' for the new community-based initiative that
includes regional and interstate agencies and non-profit
organizations; clarify that ``coastal State'' no longer
includes the trust territories of the Pacific Islands, which
are now self-governing (i.e. the now-independent nation of
Palau); expand the term ``energy facilities'' to include ``use
or reuse'' of facilities authorized under the Outer Continental
Shelf Lands Act for energy-related purposes or other authorized
marine-related purposes; and expand the term ``OCS energy
activity'' to include alternative energy sources, the reuse of
facilities, and other energy related purposes. It adds
incentives and guidelines to the definition of ``special area
management plans,'' and defines the term ``coastal nonpoint
pollution control strategies and measures'' as strategies and
measures included as part of the coastal nonpoint pollution
control program (16 U.S.C. 1455b).
Section 6. Reauthorization of management program development grants
This section amends section 305(a) of the CZMA to ensure that
resources are available in FYs 2006 and 2007 to States without
approved coastal management programs (i.e., Illinois) to
facilitate completion of their program development. Such
resources had been available to all other coastal States and
territories as they developed their plans.
Section 7. Reauthorization of administrative grants
This section amends section 306(a) of the CZMA
(Administrative Grants) to allow grants to cover implementation
costs as well as administration costs, and it clarifies that
all plans, strategies and measures, and all programmatic
elements (including coastal nonpoint pollution control
programs) are eligible for grants under this section. This
section also specifies that the range of relative increase or
decrease in funding for base programs for all States should be
minimized. This is intended to provide for equitable
distribution of funding for all States. This section also makes
technical changes to the acquisition criteria in section
306(d)(10)(B).
Section 8. Coastal resources improvement program
This section amends section 306A of the CZMA (Coastal
Resource Improvement Grants) by broadening the objectives for
which the Secretary of Commerce may allocate funds, providing
States with the option of allocating funds for creation,
restoration, and preservation of coastal habitats, and for the
continued implementation of the States' coastal nonpoint plans.
This section makes technical changes to the guidelines for
State matching funds and the allocation of the grants under 306
and 306A, and it stipulates that the Secretary provides
assistance to States in identifying and obtaining technical and
financial assistance from other Federal agencies.
Section 9. Certain Federal agency activities
This section directs that only ``direct'' and ``significant''
effects on ``a land or water use or a natural resource of the
Alaskan coastal zone'' can be subject to State consistency
review under section 307 (Coordination and Cooperation with
Federal Agencies).
Section 10. Coastal zone management fund
This section amends section 308 of the CZMA (Coastal Zone
Management Fund) to make loan repayments available to States
from section 308(b)(2) grants to improve regional scale and
watershed-based management approaches.
Section 11. Coastal zone enhancement grants
This section amends section 309 of the CZMA (Coastal Zone
Enhancement Grants) by providing States with the option of
allocating funds for the creation, restoration, and
preservation of coastal habitats, explicitly including
wetlands, coral reefs, marshes, and barrier islands. Funds may
also be used for the continued implementation of the States'
coastal nonpoint plans. This section adds a provision to allow
coastal States, in consultation with the Secretary, to identify
emerging coastal zone enhancement objectives. Section 11
removes outdated sections of subsection 309(d) and amends
subsection 309(f) to eliminate the $10 million cap on annual
section 309 allocations to conform with increasing
authorization levels. This section also removes provisions
requiring the Secretary to evaluate State proposals based on
pre-determined criteria and directs the Secretary to use funds
allocated for section 306 (Administrative grants) and 306A
(Coastal resource improvement program) for grants to States.
This section also adds a provision supporting projects to
improve ocean resource management and watershed management.
Section 12. Coastal community program
The Coastal Community Program creates a new grant option
(section 309A) for States that want to focus on coastal
community-based initiatives. This section describes the need
for Federal and State support of community-based planning,
strategies, and solutions to local sprawl and development
issues in the coastal zone. This section allows the Secretary
to make grants to States through the base program allocation
formula and requires that the States match the amount of the
grant so that sections 306, 306A, and this section, in
aggregate, equal a 1:1 match. The Coastal Community Program is
intended to revitalize previously developed areas, promote
conservation projects in environmentally sensitive areas,
emphasize water dependent uses, and protect coastal habitats.
Section 13. Technical assistance
This section amends section 310 of the CZMA (Technical
Assistance) to expand the scope and change the title of the
section to ``Technical Assistance, Resource Assessments, and
Information Systems.'' Amendments in this section allow the
Secretary to conduct a cooperative program to develop and apply
innovative coastal and estuarine environmental technology and
management practices, including information transfer, training,
and technical assistance and support. This section also
establishes regional advisory committees to advise NOAA on
these programs. These committees will identify research,
technical assistance, and information needs and priorities for
these programs and will provide consultation and guidance for
the development of coastal information and resource assessment
programs in each coastal State or territory. The committees are
exempt from the Federal Advisory Committee Act requirements and
include representatives from relevant State Governors,
scientific and academic institutions, Sea Grant programs, and
the private and public sector. This section also directs the
Secretary to assist coastal States in identifying and obtaining
financial and technical assistance from other Federal agencies.
Section 14. Performance review
This section amends section 312(a) of the CZMA (Performance
Review), by adding coordination with the National Estuarine
Research Reserve System to the performance review process and
by changing the frequency and focus of the reviews. Reviews are
changed from ``continuing reviews of performance'' to periodic
review of administration and implementation, in addition to
review of performance, at least once every five years. Reviews
are to indicate whether each Coastal Zone Management Plan is
consistent with the national coastal policies and objectives in
sections 303(2)(A) through (K).
Section 15. Walter B. Jones award
This section amends section 314 of the CZMA to allow the
Secretary the discretion to issue the Walter B. Jones Awards if
funds are available and specifies the form these awards may
take.
Section 16. National Estuarine Research Reserve System
This section amends section 315 of the CZMA to clarify and
strengthen the National Estuarine Research Reserve System
(NERRS). A majority of the amendments are changes to include
training, education, monitoring, research and stewardship
concepts as well as the development of improved coastal
management methods and practices. 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
section 315. This section also specifies that research goals in
NERRS reserves should be appropriate for each coastal State or
territory.
Section 17. Coastal zone management reports
This section amends section 316 of the CZMA to clarify the
requirements for the reports to Congress and to require a
report to be provided to Congress on Federal agency
coordination and cooperation in coastal management.
Section 18. Authorization of appropriations
This section amends section 318, Authorization of
Appropriations, to authorize CZMA funding. For 306 and 306A,
authorization is provided at $90.5 million in FY 2006, $94
million for FY 2007, $98 million for FY 2008, and increasing by
$4 million annually until FY 2010. For the voluntary 309A
community initiative grants, $29 million is authorized for FY
2006, increasing annually in $1 million increments until FY
2009 and FY 2010. Of the section 309A funds, $10 million or 35
percent, whichever is less, shall be set aside for existing
nonpoint pollution control programs. For 315 grants (NERRS),
authorization is provided at $37 million in FY 2006, increasing
annually in $1 million increments until FY 2010. Within these
section 315 levels, $15 million is authorized annually between
FY 2006 and FY 2010 for grants to fund construction projects at
estuarine reserves designated under section 315. $7.5 million
is authorized for administrative costs in FY 2006, increasing
to $8.5 million in FY 2010. For FY 2006 and FY 2007, $6 million
is authorized for section 310 grants to support State pilot
projects to implement resource assessment and information
programs. This section also clarifies that NOAA shall only
utilize funds appropriated for section 306 for grants and not
for any other program, administrative, or overhead costs.
Section 19. Deadline for decision on appeals of consistency
determination
This section adds deadlines for decisions on appeals to the
Secretary of consistency determinations under section 307
(Coordination and Cooperation with Federal Agencies). For
appeals filed after the date of enactment of this Act, these
deadlines close the record after 270 days (with an opportunity
for a one-time 60 day stay) and require a decision 90 days
after the record closes. The deadline for decisions could be
extended one time by the Secretary of Commerce, for a period of
up to 45 days. For appeals filed before the date of enactment
of this Act, the Secretary has up to 180 days from the date of
enactment (but no earlier than December 31, 2006) to close the
record. A decision would be required no later than 90 days
after the record closes.
Section 20. Coordination with FERC
This section directs the Secretary of Commerce to report on
the development of a memorandum of understanding with the
Commissioner of the Federal Energy Regulatory Commission (FERC)
regarding improved coordination and streamlining of the CZMA
and FERC review processes.
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
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] qualifty 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 integrated plans and
strategies, 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.
(15) The establishment of a national system of
estuarine research reserves will provide for protection
of essential estuarine resources, as well as for a
network of State-based reserves that will serve as
sites for coastal stewardship best-practices,
monitoring, research, education, and training to
improve coastal management and to help translate
science and inform coastal decisionmakers and the
public.
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]
programs, plans, and strategies 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] specificity, cooperation, coordination,
and effectiveness 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 through State-based conservation,
monitoring, research, education, outreach, and
training; and
(8) to encourage the development, application,
training, technical assistance, and transfer of
innovative coastal management practices and coastal and
estuarine environmental technologies and techniques to
improve understanding and management decisionmaking 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; (ix) use or reuse of
facilities authorized under the Outer
Continental Shelf Lands Act (43 U.S.C. 1331 et
seq.) for energy-related purposes or other
authorized marine related purposes; [and (ix)]
and (x) 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 terms ``estuarine reserve'' and ``estuarine
research reserve'' mean a coastal protected area that--
(A) may include any part or all of an estuary
and any island, transitional area, and upland
in, adjoining, or adjacent to the estuary;
(B) constitutes to the extent feasible a
natural unit; and
(C) is established to provide long-term
opportunities for conducting scientific studies
and monitoring and educational and training
programs that improve the understanding,
stewardship, and management of estuaries and
improve coastal decisionmaking.
(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, plans, strategies, 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 or
alternative energy sources on or 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] new, reused, or expanded energy
facilities directly required by such exploration,
development, [or production.] production, or other
energy related purposes.
(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] policies, standards,
incentives, guidelines, 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
strategies and measures'' means strategies and measures
included as part of the coastal nonpoint pollution
control program under section 6217 of the Coastal Zone
Act Reauthorization Amendments of 1990 (16 U.S.C.
1455b).
(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.
[16 U.S.C. 1454]
[Any coastal state which has completed the development of its
management program shall submit such program to the Secretary
for review and approval pursuant to section 306.]
SEC. 305. MANAGEMENT PROGRAM DEVELOPMENT GRANTS.
(a) States Without Programs.--In fiscal years 2006 and 2007,
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,] administering and
implementing that State's management program and any plans,
projects, or activities developed pursuant to such program,
including developing and implementing applicable 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. In
promoting equity, the Secretary shall consider the overall
change in grant funding under this section from the preceding
fiscal year and minimize the relative increases or decreases
among all the eligible States. To the extent practicable, the
Secretary shall ensure that each eligible State receives
increased funding under this section in any fiscal year for
which the total amount appropriated to carry out this section
is greater than the total amount appropriated to carry out this
section for the preceding fiscal year.
(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 policies, plans, strategies, 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.
(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, strategies,
and measures.
(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) planning, 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, strategies, measures.
[(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 and consistent with the policies of this
Act.
(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. 307. COORDINATION AND COOPERATION.
[16 U.S.C. 1456]
(a) Federal agencies.--In carrying out his functions and
responsibilities under this title, the Secretary shall consult
with, cooperate with, and, to the maximum extent practicable,
coordinate his activities with other interested Federal
agencies.
(b) Adequate consideration of views of Federal agencies.--The
Secretary shall not approve the management program submitted by
a state pursuant to section 306 unless the views of Federal
agencies principally affected by such program have been
adequately considered.
(c) Consistency of Federal activities with state management
programs; certification.--
(1)(A) Each Federal agency activity within or outside
the coastal zone that affects any land or water use or
natural resource of the coastal zone shall be carried
out in a manner which is consistent to the maximum
extent practicable with the enforceable policies of
approved State management programs. A Federal agency
activity shall be subject to this paragraph unless it
is subject to paragraph (2) or (3).
(B) After any final judgment, decree, or
order of any Federal court that is appealable
under section 1291 or 1292 of title 28, United
States Code, or under any other applicable
provision of Federal law, that a specific
Federal agency activity is not in compliance
with subparagraph (A), and certification by the
Secretary that mediation under subsection (h)
is not likely to result in such compliance, the
President may, upon written request from the
Secretary, exempt from compliance those
elements of the Federal agency activity that
are found by the Federal court to be
inconsistent with an approved State program, if
the President determines that the activity is
in the paramount interest of the United States.
No such exemption shall be granted on the basis
of a lack of appropriations unless the
President has specifically requested such
appropriations as part of the budgetary
process, and the Congress has failed to make
available the requested appropriations.
(C) Each Federal agency carrying out an
activity subject to paragraph (1) shall provide
a consistency determination to the relevant
State agency designated under section 306(d)(6)
at the earliest practicable time, but in no
case later than 90 days before final approval
of the Federal activity unless both the Federal
agency and the State agency agree to a
different schedule.
(D) The provisions of paragraph (1)(A), and
implementing regulations thereunder, with
respect to a Federal agency activity inland of
the coastal zone of the State of Alaska, apply
only if the activity directly and significantly
affects a land or water use or a natural
resource of the Alaskan coastal zone.
(2) Any Federal agency which shall undertake any
development project in the coastal zone of a state
shall insure that the project is, to the maximum extent
practicable, consistent with the enforceable policies
of approved state management programs.
(3)(A) After final approval by the Secretary of a
state's management program, any applicant for a
required Federal license or permit to conduct an
activity, in or outside of the coastal zone, affecting
any land or water use or natural resource of the
coastal zone of that state shall provide in the
application to the licensing or permitting agency a
certification that the proposed activity complies with
the enforceable policies of the state's approved
program and that such activity will be conducted in a
manner consistent with the program. At the same time,
the applicant shall furnish to the state or its
designated agency a copy of the certification, with all
necessary information and data. Each coastal state
shall establish procedures for public notice in the
case of all such certifications and, to the extent it
deems appropriate, procedures for public hearings in
connection therewith. At the earliest practicable time,
the state of its designated agency shall notify the
Federal agency concerned that the state concurs with or
objects to the applicant's certification. If the state
or its designated agency fails to furnish the required
notification within six months after receipt of its
copy of the applicant's certification, the state's
concurrence with the certification shall be
conclusively presumed. No license or permit shall be
granted by the Federal agency until the state or its
designated agency has concurred with the applicant's
certification or until, by the state's failure to act,
the concurrence is conclusively presumed, unless the
Secretary, on his own initiative or upon appeal by the
applicant, finds, after providing a reasonable
opportunity for detailed comments from the Federal
agency involved and from the state, that the activity
is consistent with the objectives of this title or is
otherwise necessary in the interest of national
security.
(B) After the management program of any
coastal state has been approved by the
Secretary under section 306, any person who
submits to the Secretary of the Interior any
plan for the exploration or development of, or
production from, any area which has been leased
under the Outer Continental Shelf Lands Act (43
U.S.C. 1331 et seq.) and regulations under such
Act shall, with respect to any exploration,
development, or production described in such
plan and affecting any land or water use or
natural resource of the coastal zone of such
state, attach to such plan a certification that
each activity which is described in detail in
such plan complies with the enforceable
policies of such state's approved management
program and will be carried out in a manner
consistent with such program. No Federal
official or agency shall grant such person any
license or permit for any activity described in
detail in such plan until such state or its
designated agency receives a copy of such
certification and plan, together with any other
necessary data and information, and until--
(i) such state or its designated
agency, in accordance with the
procedures required to be established
by such state pursuant to subparagraph
(A), concurs with such person's
certification and notifies the
Secretary and the Secretary of the
Interior of such concurrence;
(ii) concurrence by such state with
such certification is conclusively
presumed as provided for in
subparagraph (A), except if such state
fails to concur with or object to such
certification within three months after
receipt of its copy of such
certification and supporting
information, such state shall provide
the Secretary, the appropriate federal
agency, and such person with a written
statement describing the status of
review and the basis for further delay
in issuing a final decision, and if
such statement is not so provided,
concurrence by such state with such
certification shall be conclusively
presumed; or
(iii) the Secretary finds, pursuant
to subparagraph (A), that each activity
which is described in detail in such
plan is consistent with the objectives
of this title or is otherwise necessary
in the interest of national security.
If a state concurs or is conclusively
presumed to concur, or if the Secretary
makes such a finding, the provisions of
subparagraph (A) are not applicable
with respect to such person, such
state, and any Federal license or
permit which is required to conduct any
activity affecting land uses or water
uses in the coastal zone of such state
which is described in detail in the
plan to which such concurrence or
finding applies. If such state objects
to such certification and if the
Secretary fails to make a finding under
clause iii) with respect to such
certification, or if such person fails
substantially to comply with such plan
as submitted, such person shall submit
an amendment to such plan, or a new
plan, to the Secretary of the Interior.
With respect to any amendment or new
plan submitted to the Secretary of the
Interior pursuant to the preceding
sentence, the applicable time period
for purposes of concurrence by
conclusive presumption under
subparagraph (A) is 3 months.
(d) Applications of local governments for Federal assistance;
relationship of activities with approved management programs.--
State and local governments submitting applications for Federal
assistance under other Federal programs, in or outside of the
coastal zone, affecting any land or water use of natural
resource of the coastal zone shall indicate the views of the
appropriate state or local agency as to the relationship of
such activities to the approved management program for the
coastal zone. Such applications shall be submitted and
coordinated in accordance with the provisions of title IV of
the Inter-governmental Coordination Act of 1968 (82 Stat.
1098). Federal agencies shall not approve proposed projects
that are inconsistent with the enforceable policies of a
coastal state's management program, except upon a finding by
the Secretary that such project is consistent with the purposes
of this title or necessary in the interest of national
security.
(e) Construction with other laws.--Nothing in this title
shall be construed--
(1) to diminish either Federal or state jurisdiction,
responsibility, or rights in the field of planning,
development, or control of water resources, submerged
lands, or navigable waters; nor to displace, supersede,
limit, or modify any interstate compact or the
jurisdiction or responsibility of any legally
established joint or common agency of two or more
states or of two or more states and the Federal
Government; nor to limit the authority of Congress to
authorize and fund projects;
(2) as superseding, modifying, or repealing existing
laws applicable to the various Federal agencies; nor to
affect the jurisdiction, powers, or prerogatives of the
International Joint Commission, United States and
Canada, the Permanent Engineering Board, and the United
States operating entity or entities established
pursuant to the Columbia River Basin Treaty, signed at
Washington, January 17, 1961, or the International
Boundary and Water Commission, United States and
Mexico.
(f) Construction with existing requirements of water and air
pollution programs.--Notwithstanding any other provision of
this title, nothing in this title shall in any way affect any
requirement (1) established by the Federal Water Pollution
Control Act, as amended, or the Clean Air Act, as amended, or
established by the Federal Government or by any state or local
government pursuant to such Acts. Such requirements shall be
incorporated in any program developed pursuant to this title
and shall be the water pollution control and air pollution
control requirements applicable to such program.
(g) Concurrence with programs which affect inland areas.--
When any state's coastal zone management program, submitted for
approval or proposed for modification pursuant to section 306
of this title, includes requirements as to shorelands which
also would be subject to any Federally supported national land
use program which may be hereafter enacted, the Secretary,
prior to approving such program, shall obtain the concurrence
of the Secretary of the Interior, or such other Federal
official as may be designated to administer the national land
use program, with respect to that portion of the coastal zone
management program affecting such inland areas.
(h) Mediation of disagreements.--In case of serious
disagreement between any Federal agency and a coastal state--
(1) in the development or the initial implementation
of a management program under section 305; or
(2) in the administration of a management program
approved under section 306; the Secretary, with the
cooperation of the Executive Office of the President,
shall seek to mediate the differences involved in such
disagreement. The process of such mediation shall, with
respect to any disagreement described in paragraph (2),
include public hearings which shall be conducted in the
local area concerned.
(i) Federal fee.--
(1) With respect to appeals under subsections (c)(3)
and (d) which are submitted after the date of the
enactment of the Coastal Zone Act Reauthorization
Amendments of 1990, the Secretary shall collect an
application fee of not less than $200 for minor appeals
and not less than $500 for major appeals, unless the
Secretary, upon consideration of an applicant's request
for a fee waiver, determines that the applicant is
unable to pay the fee.
(2)(A) The Secretary shall collect such other fees as
are necessary to recover the full costs of
administering and processing such appeals under
subsection (c).
(B) If the Secretary waives the application
fee under paragraph (1) for an applicant, the
Secretary shall waive all other fees under this
subsection for the applicant.
(3) Fees collected under this subsection shall be
deposited into the Coastal Zone Management Fund
established under section 308.
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 shall
be retained by the Secretary and deposited into the
Coastal Zone Management Fund established under
subsection (b) and shall be made available to the
States for grants as under subsection (b)(2).
(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) [Omitted]]
(2) Subject to appropriation Acts, amounts in the
Fund shall be available to the Secretary to make grants
to the States for--
(A) projects to address coastal and ocean
management issues which are regional in scope,
including intrastate and interstate projects;
and
(B) projects that have high potential for
improving coastal zone and watershed
management.
(3) Projects funded under this subsection shall apply
an integrated, watershed-based management approach and
advance the purpose of this Act to preserve, protect,
develop, and where possible, to restore or enhance, the
resources of the Nation's coastal zone for this and
succeeding generations.
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, strategies, and
measures, 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] changes, or for projects that demonstrate
significant potential for improving ocean resource
management or integrated coastal and watershed
management at the local, state, or regional level,
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.] for
grants to the States.
[(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 as
long as such strategies are consistent with the
policies of this Act;
(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 subparagraphs (A)
through (K) of section 303(2).
(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) and the policies of this
Act.
(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.]
SEC. 310. TECHNICAL ASSISTANCE, RESOURCES ASSESSMENTS, AND INFORMATION
SYSTEMS.
[16 U.S.C. 1456c]
(a)(1) The Secretary shall conduct a program of technical
[assistance] assistance, technology and methodology
development, training and information transfer, resources
assessment, 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.
(2) 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]
research activities, and other support services and activities
under this section with any other such activities that are
conducted by or subject to the authority of the Secretary. The
Secretary may conduct a program to develop and apply innovative
coastal and estuarine environmental technology and methodology
through a cooperative program, and to support the development,
application, training and technical assistance, and transfer of
effective coastal management practices. The Secretary may make
extramural grants in carrying out the purpose of this
subsection.
(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. The Secretary shall establish regional
advisory committees including representatives of the
Governors of each state within the region,
universities, colleges, coastal and marine
laboratories, Sea Grant College programs within the
region and representatives from the private and public
sector with relevant expertise. The Secretary will
report to the regional advisory committees on
activities undertaken by the Secretary and other
agencies pursuant to this section, and the regional
advisory committees shall identify research, technical
assistance and information needs and priorities. The
regional advisory committees are not subject to the
requirements of the Federal Advisory Committee Act (5
U.S.C. App.).
(c)(1) The Secretary shall consult with the regional advisory
committees concerning the development of a coastal resources
assessment and information program to support development and
maintenance of integrated coastal resource assessments of state
natural, cultural and economic attributes, and coastal
information programs for the collection and dissemination of
data and information, product development, and outreach based
on the needs and priorities of coastal and ocean managers and
user groups.
(2) The Secretary shall assist coastal states in identifying
and obtaining financial and technical assistance from other
Federal agencies and may make grants to states in carrying out
the purpose of this section and to provide ongoing support for
state resource assessment and information programs.
* * * * * * *
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] periodic review, no less frequently than every 5
years, of the administration, implementation, and performance
of coastal states with respect to coastal [management.]
management programs. Each review shall include a written
evaluation with an assessment and detailed findings concerning
the extent to which the state [has implemented and enforced]
has effectively administered, implemented, and enforced the
program approved by the Secretary, [addressed the coastal
management needs identified] furthered the national coastal
policies and objectives set forth 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--] may 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--]
(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;
(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; and
``(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; and
[(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.
(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.
(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.
(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
Enhancement Reauthorization Act of 2005, 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 programs that 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) $90,500,000 for fiscal year 2006,
``(B) $94,000,000 for fiscal year 2007,
``(C) $98,000,000 for fiscal year 2008,
``(D) $102,000,000 for fiscal year 2009, and
``(E) $106,000,000 for fiscal year 2010;
``(2) for grants under section 309A--
``(A) $29,000,000 for fiscal year 2006,
``(B) $30,000,000 for fiscal year 2007,
``(C) $31,000,000 for fiscal year 2008,
``(D) $32,000,000 for fiscal year 2009, and
``(E) $32,000,000 for fiscal year 2010,
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) $37,000,000 for fiscal year 2006,
``(B) $38,000,000 for fiscal year 2007,
``(C) $39,000,000 for fiscal year 2008,
``(D) $40,000,000 for fiscal year 2009, and
``(E) $41,000,000 for fiscal year 2010,
of which up to $15,000,000 may be used by the Secretary
in each of fiscal years 2006 through 2010 for grants to
fund construction and acquisition projects at estuarine
reserves designated under section 315;
``(4) for costs associated with administering this
title, $7,500,000 for fiscal year 2006, $7,750,000 for
fiscal year 2007, $8,000,000 for fiscal year 2008,
$8,250,000, for fiscal year 2009, and $8,500,000 for
fiscal year 2010; and
``(5) for grants under section 310 to support State
pilot projects to implement resource assessment and
information programs, $6,000,000 for each of fiscal
years 2006 and 2007.
(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) Restrictions on Use of Amounts.--Except for funds
appropriated under subsection (a)(4), 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.
[SEC. 319. APPEALS TO THE SECRETARY.
[16 U.S.C. 1465]
[(a) Notice.--The Secretary shall publish in the Federal
Register a notice indicating when the decision record has been
closed on any appeal to the Secretary taken from a consistency
determination under section 307(c) or (d). No later than 90
days after the date of publication of this notice, the
Secretary shall--
[(1) issue a final decision in the appeal; or
[(2) publish a notice in the Federal Register
detailing why a decision cannot be issued within the
90-day period.
[(b) Deadline.--In the case where the Secretary publishes a
notice under subsection (a)(2), the Secretary shall issue a
decision in any appeal filed under section 307 no later than 45
days after the date of the publication of the notice.
[(c) Application.--This section applies to appeals initiated
by the Secretary and appeals filed by an applicant.]
``SEC. 319. APPEALS TO THE SECRETARY.
``(a) Notice.--Not later than 30 days after the date of the
filing of an appeal to the Secretary of a consistency
determination under section 307, the Secretary shall publish an
initial notice in the Federal Register.
``(b) Closure of Record.--
``(1) In general.--Not later than the end of the 270-
day period beginning on the date of publication of an
initial notice under subsection (a), except as provided
in paragraph (3), the Secretary shall immediately close
the decision record and receive no more filings on the
appeal.
``(2) Notice.--After closing the administrative
record, the Secretary shall immediately publish a
notice in the Federal Register that the administrative
record has been closed.
``(3) Exception.--
``(A) In general.--Subject to subparagraph
(B), during the 270-day period described in
paragraph (1), the Secretary may stay the
closing of the decision record--
``(i) for a specific period mutually
agreed to in writing by the appellant
and the State agency; or
``(ii) as the Secretary determines
necessary to receive, on an expedited
basis--
``(I) any supplemental
information specifically
requested by the Secretary to
complete a consistency review
under this Act; or
``(II) any clarifying
information submitted by a
party to the proceeding related
to information already existing
in the sole record.
``(B) Applicability.--The Secretary may only
stay the 270-day period described in paragraph
(1) once and for a period not to exceed 60
days.
``(c) Deadline for Decision.--
``(1) In general.--Not later than 90 days after the
date of publication of a Federal Register notice
stating when the decision record for an appeal has been
closed, the Secretary shall issue a decision or publish
a notice in the Federal Register explaining why a
decision cannot be issued at that time.
``(2) Subsequent decision.--Not later than 45 days
after the date of publication of a Federal Register
notice explaining why a decision cannot be issued
within the 90-day period, the Secretary shall issue a
decision.