2000
[DOCID: f:h897ih.txt]
107th CONGRESS
1st Session
H. R. 897
To reauthorize the Coastal Zone Management Act of 1972, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 6, 2001
Mr. Saxton introduced the following bill; which was referred to the
Committee on Resources, and in addition to the Committee on
Transportation and Infrastructure, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To reauthorize the Coastal Zone Management Act of 1972, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Coastal Community Conservation Act
of 2001''.
SEC. 2. AMENDMENT OF COASTAL ZONE MANAGEMENT ACT OF 1972.
Except as otherwise expressly provided, whenever in this Act an
amendment or repeal is expressed in terms of an amendment to, or repeal
of, a section or other provision, the reference shall be considered to
be made to a section or other provision of the Coastal Zone Management
Act of 1972 (16 U.S.C. 1451 et seq.).
TITLE I--REAUTHORIZATION AND AMENDMENT OF COASTAL ZONE MANAGEMENT ACT
OF 1972, GENERALLY
SEC. 101. COASTAL COMMUNITY CONSERVATION GRANTS.
(a) In General.--Section 306A (16 U.S.C. 1455a) is amended by
striking so much as precedes subsection (b) and inserting the
following:
``coastal community conservation grants
``Sec. 306A. (a)(1) The Secretary may make grants to any coastal
State for the purpose of assisting local communities to carry out
eligible coastal community conservation projects.
``(2) Grants under this section shall be allocated to coastal
States in the same manner in which grants under section 306 are
allocated under subsection (c) of that section.
``(3) A project shall be an eligible coastal community conservation
project under this section if it--
``(A) is submitted to the Secretary by the State agency
designated by the Governor pursuant to section 306(d)(6);
``(B) would be carried out in the coastal zone;
``(C) would achieve at least one of the coastal zone
management objectives specified in section 303(2);
``(D) would achieve at least one of the objectives listed
in subsection (b); and
``(E) is designed and carried out in conjunction with a
qualified local entity.''.
(b) Objectives.--Section 306A(b) (16 U.S.C. 1455a(b)) is amended--
(1) by striking the matter preceding paragraph (1) and
inserting the following:
``(b) The objectives referred to in subsection (a)(3)(D) are the
following:'';
(2) in paragraph (2) by inserting ``or historic'' after
``urban''; and
(3) by striking paragraph (4) and inserting the following:
``(4) The preservation, restoration, enhancement, or
creation of coastal habitats.
``(5) The preparation of plans that promote coastal
community revitalization and the goal stated in section 303(1).
``(6) Coordination and implementation of coastal nonpoint
pollution control program components and activities that reduce
the causes and impacts of polluted runoff on coastal waters and
habitat.''.
(c) Use.--Section 306A(c)(2) (16 U.S.C. 1455a(c)(2)) is amended by
striking ``and'' after the semicolon at the end of subparagraph (D),
striking the period at the end of subparagraph (E) and inserting a
semicolon, and adding at the end the following:
``(F) purchase and distribution of cultch material;
``(G) work, resources, or technical support necessary to
restore, enhance, or create coastal habitat or to prepare plans
that promote coastal community revitalization and the goal
stated in section 303(1); and
``(H) the coordination and implementation of a coastal
nonpoint pollution control program.''.
(d) Miscellaneous Provisions.--Section 306A (16 U.S.C. 1455a) is
amended by striking subsections (d), (e), and (f) and inserting the
following:
``(d)(1) As a condition of providing a grant under this section to
a coastal State, the Secretary shall require the coastal State to
provide matching funds according to the ratio of Federal-to-State
contributions that applies under section 306(a).
``(2) If the Secretary finds that a State or qualified local entity
is not undertaking the actions it committed to under the terms of a
grant under this section, the Secretary shall suspend the State or
qualified local entity's eligibility for further funding under this
section for at least 1 year.
``(e)(1) With the approval of the Secretary, a coastal State may
allocate to any qualified local entity amounts received by the State as
a grant under this section.
``(2) 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.
``(f) The Secretary shall assist eligible coastal States and
qualified local entities in those States in identifying and obtaining
from other Federal agencies technical and financial assistance in
achieving the objectives set forth in subsection (b).
``(g) For purposes of this section:
``(1) 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; and
``(E) any reserve established under section 315.
``(2) 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) is considered by the Secretary to be making
satisfactory progress in activities designed to result
in significant improvement in achieving the coastal
management objectives specified in section 302(2).
``(3) The term `urban or historic waterfront and port'
means any developed area that is densely populated or
historically significant and is being used for, or has been
used for, residential, recreational, commercial, shipping, or
industrial purposes.
``(4) The term `coastal nonpoint pollution control program'
means a program under section 6217(b) of the Coastal Zone Act
Reauthorization Amendments of 1990 (16 U.S.C. 1455b(b)).''.
(e) Conforming Amendment.--Section 303(2) (16 U.S.C. 1452(2)) is
amended in the matter preceding subparagraph (A) by striking ``the
states'' in the first line and inserting ``State and local entities''.
SEC. 102. COASTAL ZONE MANAGEMENT FUND.
(a) In General.--Section 308 (16 U.S.C. 1456a) is amended--
(1) in subsection (a) by striking paragraph (2) and
inserting the following:
``(2) Loan repayments made pursuant to this subsection--
``(A) shall be retained by the Secretary and deposited into
the Coastal Zone Management Fund established under subsection
(b); and
``(B) subject to amounts provided in appropriation Acts,
shall be available to t
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he Secretary for purposes of this title
and transferred to the Operations, Research and Facilities
account to offset the costs of implementing this title.''; and
(2) in subsection (b)--
(A) by striking paragraphs (2) and (3); and
(B) by striking ``(b)(1)'' and inserting ``(b)''.
(b) Conforming Amendment.--Section 2(b)(2) of the Coastal Zone
Protection Act of 1996 (Public Law 104-150; 110 Stat. 1380) is
repealed.
SEC. 103. AMENDMENTS RELATING TO COASTAL ZONE ENHANCEMENT GRANTS.
Section 309 (16 U.S.C. 1456b) is amended--
(1) in subsection (a) by adding at the end the following:
``(10) The development of a coordinated process among State
agencies to regulate and issue permits for aquaculture
facilities in the coastal zone.
``(11) Addressing any issue that is identified by a coastal
State, in consultation with the Secretary and relevant
qualified local entities (as that term is defined in section
306A), to be a significant emerging coastal issue.''; and
(2) by striking subsections (c) through (g) and inserting
the following:
``(c) As a condition of providing a grant under this section to a
coastal State, the Secretary shall require the State to provide
matching funds according to a 1-to-1 ratio of Federal-to-State
contributions.
``(d) Grants under this section shall be allocated to coastal
States in the same manner in which grants under section 306 are
allocated under subsection (c) of that section.
``(e) If the Secretary finds that a coastal State is not taking
actions committed to by the State under the terms of a grant to the
State under this section, the Secretary shall suspend the eligibility
of the State for further funding under this section for at least one
year.''.
SEC. 104. AMENDMENTS RELATING TO WALTER B. JONES AWARDS FOR EXCELLENCE
IN COASTAL ZONE MANAGEMENT.
Section 314 (16 U.S.C. 1460) is amended--
(1) by amending subsection (a) to read as follows:
``(a)(1) The Secretary may implement a program to promote
excellence in coastal zone management by identifying and making awards
acknowledging outstanding accomplishments in the field of coastal zone
management. An award under this section shall be known as a `Walter B.
Jones Award'.
``(2) Awards under this section may include, subject to the
availability of appropriations--
``(A) cash awards of not more than $5,000 each;
``(B) research grants; and
``(C) public ceremonies to acknowledge accomplishments in
the field of coastal zone management.'';
(2) in subsection (b) in the matter preceding paragraph
(1), by striking ``shall elect annually'' and inserting ``may
select annually for an award under this section''; and
(3) by repealing subsection (e).
SEC. 105. REPORTS.
Section 316 (16 U.S.C. 1462) is amended--
(1) by striking ``to the President for transmittal''; and
(2) by striking clause (10) and redesignating clauses (11),
(12), and (13) in order as clauses (10), (11), and (12).
SEC. 106. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--Section 318(a)(1) (16 U.S.C. 1464(a)(1)) is
amended to read as follows:
``(1) for grants under sections 306 and 309, for expenses
incidental to the administration of this title, and for awards
under section 314, such sums as may be necessary for each of
fiscal years 2002, 2003, 2004, 2005, and 2006;''.
(b) Reversion of Grants; Purchases From Government.--Section 318
(16 U.S.C. 1464) is amended by striking subsection (c) and inserting
the following:
``(c) The amount of any grant, or portion of a grant, made to a
State under any section of this title that is not obligated by the
State within 3 years after the date it is first authorized to be
obligated by the State shall revert to the Secretary. The Secretary
shall add such reverted amount to the funds available for grants to
States under this title.
``(d) Federal funds allocated under this title may be used by
grantees to purchase Federal products and services not otherwise
available.
``(e) Of the amounts appropriated under subsection (a), no less
than 10 percent and no more than 15 percent may be used to carry out
section 309.''.
(c) Set-Aside for Program Implementation.--Section 318 (16 U.S.C.
1464) is further amended by adding at the end the following:
``(f) Of amounts available each fiscal year for grants under
section 306A, $10,000,000, or 35 percent, whichever is less, shall be
for grants for eligible coastal community conservation projects that
would achieve the objective set forth in section 306A(b)(6).''.
(d) Restriction on Use of Amounts for Program, Administrative, or
Overhead Costs.--Section 318 (16 U.S.C. 1464) is further amended by
adding at the end the following:
``(g) Except for funds appropriated under paragraph (4) of
subsection (a), 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. 107. TECHNICAL CORRECTIONS.
The Coastal Zone Management Act of 1972 is amended--
(1) in section 302(f) (16 U.S.C. 1451(f)) by striking the
semicolon at the end and inserting a period;
(2) in section 303(2) (16 U.S.C. 1452(2))--
(A) in subparagraph (B) by striking the period at
the end and inserting a comma; and
(B) in subparagraph (J) by striking ``agencies and
State and wildlife'' and inserting ``and wildlife
management'';
(3) in section 304(5) (16 U.S.C. 1453(5)) by striking the
semicolon and inserting a colon;
(4) in section 306(d)(10)(A) (16 U.S.C. 1455(d)(10)(A)) by
inserting a comma after ``development'';
(5) by striking ``coastal state'' each place it appears and
inserting ``coastal State'';
(6) by striking ``coastal states'' each place it appears
and inserting ``coastal States'';
(7) by striking ``coastal state's'' each place it appears
and inserting ``coastal State's'';
(8) by striking the term ``state'' each place it appears in
reference to a State of the United States (other than in the
term ``coastal state'') and inserting ``State'';
(9) by striking the term ``states'' each place it appears
in reference to States of the United States (other than in the
term ``coastal states'') and inserting ``States''; and
(10) by striking the term ``state's'' each place it appears
in reference to a State of the United States (other than in the
term ``coastal state's'') and inserting ``State's''.
SEC. 108. COASTAL ZONE MANAGEMENT OUTCOME INDICATORS AND MONITORING AND
PERFORMANCE EVALUATION SYSTEM.
(a) In General.--The Secretary of Commerce shall--
(1) by not later than 24 months after the first date
amounts are available to carry out this section, submit to the
Committee on Resources of the House of Representatives a common
set of measurable outcome indicators to evaluate the
effectiveness of State coastal zone management programs in the
achievement of the coastal management objectives specified in
section 303(2)(A) through (J) of the Coastal Zone Management
Act of 1972 (16 U.S.C. 1452(2)(A)-(J)); and
(2) by not later than 48 months after such date, establish
a national coastal zone management outcome monitoring and
performance evaluation system using the common set of
indicators prepared under paragraph (1).
(b) Consultation.--
(1) In general.--In preparing each repor
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t under subsection
(a), the Secretary shall consult with and provide a copy of the
draft report to each coastal State, through the Governor of the
State or the head of the State agency designated by the
Governor pursuant to section 306(d)(6) of the Coastal Zone
Management Act of 1972 (16 U.S.C. 1455(d)(6)).
(2) State comments.--The Secretary shall include in each
final report any State comments on the draft report.
(c) Authorization of Appropriations.--To carry out this section
there are authorized to be appropriated to the Secretary of Commerce
$1,000,000 for each of fiscal years 2002 and 2003.
TITLE II--NATIONAL COASTAL RESERVES
SEC. 201. POLICIES.
(a) Declaration of Policy.--Section 303 of the Coastal Zone
Management Act of 1972 (16 U.S.C. 1452) is amended by striking ``and''
after the semicolon in paragraph (5), by striking the period at the end
of paragraph (6) and inserting a semicolon, and by adding at the end
the following:
``(7) to use Federal, State, and community partnerships
developed through the system established by section 315 to
improve the understanding, stewardship, and management of
coastal areas; and
``(8) to encourage the development, application, and
transfer to local, State, and Federal resources managers of
innovative coastal and estuarine resources management
technologies and techniques that promote the long-term
conservation of coastal and estuarine resources.''.
SEC. 202. NATIONAL COASTAL RESERVE SYSTEM.
Section 315 of such Act (16 U.S.C. 1461(b)) is amended to read as
follows:
``national coastal reserve system
``Sec. 315. (a) Establishment of the System.--
``(1) In general.--There is established the National
Coastal Reserve System. The System shall consist of--
``(A) each estuarine sanctuary designated under
this section as in effect before April 7, 1986; and
``(B) each estuarine area designated as a national
coastal reserve under subsection (b).
``(2) Purpose.--The purpose of the System and of each
reserve is to improve the understanding, stewardship, and
management of coastal and estuarine resources.
``(3) Designation of existing sanctuaries as reserves.--
Each estuarine sanctuary referred to in paragraph (1)(A) is
hereby designated as a national coastal reserve.
``(b) Designation of National Coastal Reserves.--The Secretary may
designate an estuarine area as a national coastal reserve if--
``(1) the Government of the coastal State in which the area
is located nominates the area for that designation; and
``(2) the Secretary finds that--
``(A) the estuarine 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, education, and
resource stewardship;
``(C) designation of the area as a reserve will
serve to enhance public awareness and understanding of
coastal and estuarine resources, and provide suitable
opportunities for education, interpretation, training,
and demonstration projects to improve management of
coastal and estuarine resources; 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, Education, and Resource Stewardship
Guidelines.--
``(1) In general.--The Secretary shall develop guidelines
for the conduct of research, education, and resource
stewardship within the System that shall include--
``(A) a mechanism for identifying, and establishing
priorities among, the coastal and estuarine management
issues that should be addressed through coordinated
research, education, and resource stewardship within
the System;
``(B) the establishment of common principles and
objectives to guide the development of research,
education, and resource stewardship programs within the
System;
``(C) the identification of uniform research
methodologies which will ensure comparability of data,
the broadest application of research results, and the
maximum use of the System for research purposes;
``(D) the establishment of performance standards
upon which the effectiveness of the research,
education, and resource stewardship efforts and the
value of reserves within the System in addressing the
coastal and estuarine management issues identified in
subparagraph (A) may be measured; and
``(E) the consideration of sources of funds for
estuarine research, education, and resource stewardship
in addition to the funds authorized under this title,
and strategies for encouraging the use of such funds
within the System, with particular emphasis on
mechanisms established under subsection (d).
``(2) Consultation.--In developing the guidelines under
this section, the Secretary shall consult with prominent
members of the coastal and estuarine research, education, and
resource stewardship community.
``(d) Promotion and Coordination of Estuarine Research, Education,
and Resource Stewardship.--
``(1) In general.--The Secretary shall take such actions as
are necessary to promote and coordinate the use of the System
for coastal and estuarine research, education, and resource
stewardship purposes.
``(2) Required actions.--Actions under this subsection
shall include the following:
``(A) Requiring that research, education, and
resource stewardship activities administered or
supported by the Secretary and relating to coastal and
estuarine resources give priority consideration to
activities that use the System.
``(B) Consulting with other Federal and State
agencies to promote use of one or more reserves within
the System by such agencies when conducting coastal and
estuarine research, education, and resource stewardship
activities.
``(C) Establishing partnerships with other Federal
and State coastal and estuarine management programs to
coordinate and collaborate on estuarine research,
education, and resource stewardship.
``(e) Financial Assistance.--
``(1) In general.--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 reserve
and constructing appropriate reserve
facilities;
1e5e
``(ii) for purposes of operating or
managing a reserve; or
``(iii) for purposes of conducting resource
stewardship, educational, or interpretive
activities at a reserve; and
``(B) to any coastal State or public or private
person for purposes of--
``(i) supporting research and monitoring
within a reserve that are consistent with the
research guidelines developed under subsection
(c); or
``(ii) conducting educational,
interpretive, or training activities for a
reserve that are consistent with the education
guidelines developed under subsection (c).
``(2) Terms and conditions.--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) Amount of assistance.--(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.
``(B)(i) Except as provided in clause (ii), the amount of
the financial assistance provided under paragraph (1)(A)(ii)
and paragraph (1)(B) may not exceed 50 percent of the costs
incurred to achieve the purposes described in those paragraphs
with respect to a reserve.
``(ii) The amount of financial assistance provided for
education and interpretive activities under paragraph
(1)(A)(iii) or research and monitoring activities under
paragraph (1)(B) may be up to 100 percent of any costs for
activities that service the System as a whole, including
System-wide monitoring equipment acquisition, data management,
and data synthesis, and administration and synthesis of System-
wide research programs.
``(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) Donations.--(A) The Secretary may--
``(i) enter into cooperative agreements or
contracts, with, or make grants to, any nonprofit
organization established to benefit a reserve,
authorizing the organization to solicit donations to
carry out projects, other than general administration
of the reserve or the System, that are consistent with
the purpose of the reserve and the System; and
``(ii) accept donations of funds and services for
use in carrying out projects, other than general
administration of a reserve or the System, that are
consistent with the purpose of the reserve and the
System.
``(B) Donations accepted under this paragraph shall be
considered as a gift or bequest to or for the use of the United
States for carrying out this section.
``(f) Evaluation of System Performance.--
``(1) In general.--The Secretary shall periodically
evaluate the operation and management of each reserve,
including coordination with State programs established under
section 306, education and interpretive activities, and the
research being conducted within the reserve.
``(2) Suspension of financial assistance.--If evaluation
under paragraph (1) reveals that the operation and management
of the reserve is deficient, or that the research, education,
or resource stewardship being conducted within the reserve is
not consistent with the 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) Withdrawal of designation.--The Secretary may
withdraw the designation of an estuarine area as a 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,
education, or resource stewardship conducted within the
area, over a period of years, has not been consistent
with the guidelines developed under subsection (c).
``(g) Report.--Every 2 years the Secretary shall report to the
Committee on Resources of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the Senate
information regarding--
``(1) the designation of new reserves;
``(2) the expansion of existing reserves;
``(3) the status of the research, education, and resource
stewardship program being conducted within the System; and
``(4) a summary of the evaluations made under subsection
(f).
``(h) Definitions.--In this section:
``(1) Estuarine area.--The term `estuarine area' means a
coastal protected area, which may include any part or all of an
estuary and any island, transitional area, and upland in,
adjoining, or adjacent to the estuary, that constitutes to the
extent feasible a natural unit, to provide long-term
opportunities for conducting scientific studies and educational
and training programs that improve the understanding,
stewardship, and management of estuaries.
``(2) Reserve.--The term `reserve' means a National Coastal
Reserve designated under subsection (a)(3) or (b).
``(3) System.--The term `System' means the National Coastal
Reserve System established by this Act.''.
SEC. 203. AUTHORIZATION OF APPROPRIATIONS.
Section 318(a) of such Act (16 U.S.C. 1464(a)) is amended by
striking paragraph (2) and inserting the following:
``(2) for grants under section 315, such sums as may be
necessary for fiscal years 2004, 2005, and 2006; and
``(3) for grants for construction projects at reserves
designated under section 315 and land acquisition directly
related to such construction, such sums as may be necessary for
each of fiscal years 2002, 2003, 2004, 2005, and 2006.''.
SEC. 204. CONFORMING AMENDMENT.
Section 304(8) of such Act (16 U.S.C. 1453(8)) is amended to read
as follows:
``(8) The terms `national coastal reserve' and `reserve' mean an
area that is designated as a national coastal reserve under section
315.''.
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