S.Amdt. 889

1. Rewrites page 323, line 7 through page 325, line 12

   ReplacesPrinted page

   Removes page 323, line 7 through page 325, line 12 of the printed bill. See that page

   Inserted: SEC. 387. COORDINATION WITH FEDERAL ENERGY REGULATORY COMMISSION.

   Inserted: Within 180 days after the date of enactment of this Act, the Secretary of Commerce shall submit a report to the Congress on the development of a memorandum of understanding with the Commissioner of the Federal Energy Regulatory Commission for a coordinated process for review of coastal energy activities that provides for--

   Inserted: (1) improved coordination among Federal, regional, State, and local agencies concerned with conducting reviews under the Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.); and

   Inserted: (2) coordinated schedules for such reviews that ensures that, where appropriate the reviews are performed concurrently.

   Inserted: SEC. 387A. SHORT TITLE; TABLE OF CONTENTS.

   Inserted: (a) Short Title.--This section and sections 387B through 387T of this Act may be cited as the "Coastal Zone Enhancement Reauthorization Act of 2005".

   Inserted: (b) Table of Contents.--The table of contents for the Coastal Zone Enhancement Reauthorization Act of 2005 is as follows:

   Inserted: Sec. 387A. Short title; table of contents.

   Inserted: Sec. 387B. Amendment of Coastal Zone Management Act of 1972.

   Inserted: Sec. 387C. Findings.

   Inserted: Sec. 387D. Policy.

   Inserted: Sec. 387E. Changes in definitions.

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   Inserted: Sec. 387F. Reauthorization of management program development grants.

   Inserted: Sec. 387G. Administrative grants.

   Inserted: Sec. 387H. Coastal resource improvement program.

   Inserted: Sec. 387I. Certain Federal agency activities.

   Inserted: Sec. 387J. Coastal zone management fund.

   Inserted: Sec. 387K. Coastal zone enhancement grants.

   Inserted: Sec. 387L. Coastal community program.

   Inserted: Sec. 387M. Technical assistance; resources assessments; information systems.

   Inserted: Sec. 387N. Performance review.

   Inserted: Sec. 387O. Walter B. Jones awards.

   Inserted: Sec. 387P. National Estuarine Research Reserve System.

   Inserted: Sec. 387Q. Coastal zone management reports.

   Inserted: Sec. 387R. Authorization of appropriations.

   Inserted: Sec. 387S. Deadline for decision on appeals of consistency determination.

   Inserted: Sec. 387T. Sense of Congress.

   Inserted: SEC. 387B. AMENDMENT OF COASTAL ZONE MANAGEMENT ACT OF 1972.

   Inserted: Except as otherwise expressly provided, whenever in sections 387C through 387T of 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.).

   Inserted: SEC. 387C. FINDINGS.

   Inserted: Section 302 (16 U.S.C. 1451) is amended--

   Inserted: (1) by redesignating paragraphs (a) through (m) as paragraphs (1) through (13);

   Inserted: (2) by inserting "ports," in paragraph (3) (as so redesignated) after "fossil fuels,";

   Inserted: (3) by inserting "including coastal waters and wetlands," in paragraph (4) (as so redesignated) after "zone,";

   Inserted: (4) by striking "therein," in paragraph (4) (as so redesignated) and inserting "dependent on that habitat,";

   Inserted: (5) by striking "well-being" in paragraph (5) (as so redesignated) and inserting "quality of life";

   Inserted: (6) by inserting "integrated plans and strategies," after "including" in paragraph (9) (as so redesignated);

   Inserted: (7) by striking paragraph (11) (as so redesignated) and inserting the following:

   Inserted: "(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."; and

   Inserted: (8) by adding at the end thereof the following:

   Inserted: "(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.

   Inserted: "(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.".

   Inserted: SEC. 387D. POLICY.

   Inserted: Section 303 (16 U.S.C. 1452) is amended--

   Inserted: (1) by striking "the states" in paragraph (2) and inserting "state and local governments";

   Inserted: (2) by inserting "plans, and strategies" after "programs," in paragraph (2);

   Inserted: (3) by striking "waters," each place it appears in paragraph (2)(C) and inserting "waters and habitats,";

   Inserted: (4) by striking "agencies and state and wildlife agencies; and" in paragraph (2)(J) and inserting "and wildlife management; and";

   Inserted: (5) by inserting "cooperation, coordination, and effectiveness" after "specificity," in paragraph (3);

   Inserted: (6) by inserting "other countries," after "agencies," in paragraph (5);

   Inserted: (7) by striking "and" at the end of paragraph (5);

   Inserted: (8) by striking "zone." in paragraph (6) and inserting "zone;"; and

   Inserted: (9) by adding at the end thereof the following:

   Inserted: "(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

   Inserted: "(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.".

   Inserted: SEC. 387E. CHANGES IN DEFINITIONS.

   Inserted: Section 304 (16 U.S.C. 1453) is amended--

   Inserted: (1) by striking "and the Trust Territories of the Pacific Islands," in paragraph (4);

   Inserted: (2) in paragraph (6)--

   Inserted: (A) by inserting "(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;" after "transmission facilities;"; and

   Inserted: (B) by striking "and (ix)" and inserting "and (x);

   Inserted: (3) by striking paragraph (8) and inserting the following:

   Inserted: "(8) The terms 'estuarine reserve' and 'estuarine research reserve' mean a coastal protected area that--

   Inserted: "(A) may include any part or all of an estuary and any island, transitional area, and upland in, adjoining, or adjacent to the estuary;

   Inserted: "(B) constitutes to the extent feasible a natural unit; and

   Inserted: "(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.";

   Inserted: (4) by inserting "plans, strategies," after "policies," in paragraph (12);

   Inserted: (5) in paragraph (13)--

   Inserted: (A) by inserting "or alternative energy sources on or" after "natural gas";

   Inserted: (B) by striking "new or expanded" and inserting "new, reused, or expanded"; and

   Inserted: (C) by striking "or production." and inserting "production, or other energy related purposes.";

   Inserted: (6) by inserting "incentives, guidelines," after "policies," in paragraph (17); and

   Inserted: (7) by adding at the end the following:

   Inserted: "(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).

   Inserted: "(20) The term 'qualified local entity' means--

   Inserted: "(A) any local government;

   Inserted: "(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));

   Inserted: "(C) any regional agency;

   Inserted: "(D) any interstate agency;

   Inserted: "(E) any nonprofit organization; or

   Inserted: "(F) any reserve established under section 315.".

   Inserted: SEC. 387F. REAUTHORIZATION OF MANAGEMENT PROGRAM DEVELOPMENT GRANTS.

   Inserted: Section 305 (16 U.S.C. 1454) is amended to read as follows:

   Inserted: "SEC. 305. MANAGEMENT PROGRAM DEVELOPMENT GRANTS.

   Inserted: "(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.

   Inserted: "(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.".

   Inserted: SEC. 387G. ADMINISTRATIVE GRANTS.

   Inserted: (a) Purposes.--Section 306(a) (16 U.S.C. 1455(a)) is amended by striking "administering that State's management program" and inserting "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,".

   Inserted: (b) Equitable Allocation of Funding.--Section 306(c) (16 U.S.C. 1455(c)) is amended by adding at the end thereof "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. 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.

   Inserted: (c) Acquisition Criteria.--Section 306(d)(10)(B) (16 U.S.C. 1455(d)(10)(B)) is amended by striking "less than fee simple" and inserting "other".

   Inserted: (d) Conforming Amendment.--Section 306(d)(13)(B) (16 U.S.C. 1455(d)(13)(B)) is amended by inserting "policies, plans, strategies," after "specific".

   Inserted: SEC. 387H. COASTAL RESOURCE IMPROVEMENT PROGRAM.

   Inserted: Section 306A (16 U.S.C. 1455a) is amended--

   Inserted: (1) by inserting "or other important coastal habitats" in subsection (b)(1)(A) after "306(d)(9)";

   Inserted: (2) by inserting "or historic" in subsection (b)(2) after "urban";

   Inserted: (3) by adding at the end of subsection (b) the following:

   Inserted: "(5) The coordination and implementation of approved coastal nonpoint pollution control plans, strategies, and measures.

   Inserted: "(6) The preservation, restoration, enhancement or creation of coastal habitats.";

   Inserted: (4) by inserting "planning," before "engineering" in subsection (c)(2)(D);

   Inserted: (5) by striking "and" after the semicolon in subsection (c)(2)(D);

   Inserted: (6) by striking "section." in subsection (c)(2)(E) and inserting "section;";

   Inserted: (7) by adding at the end of subsection (c)(2) the following:

   Inserted: "(F) work, resources, or technical support necessary to preserve, restore, enhance, or create coastal habitats; and

   Inserted: "(G) the coordination and implementation of approved coastal nonpoint pollution control plans, strategies, measures."; and

   Inserted: (8) by striking subsections (d), (e), and (f) and inserting after subsection (c) the following:

   Inserted: "(d) Source of Federal Grants; State Matching Contributions.--

   Inserted: "(1) In general.--If a coastal state chooses to fund a project under this section, then--

   Inserted: "(A) it shall submit to the Secretary a combined application for grants under this section and section 306;

   Inserted: "(B) it shall match the combined amount of such grants in the ratio required by section 306(a) for grants under that section; and

   Inserted: "(C) the Federal funding for the project shall be a portion of that state's annual allocation under section 306(a).

   Inserted: "(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.

   Inserted: "(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.

   Inserted: "(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).".

   Inserted: SEC. 387I. CERTAIN FEDERAL AGENCY ACTIVITIES.

   Inserted: Section 307(c)(1) (16 U.S.C. 1456(c)(1)) is amended by adding at the end the following:

   Inserted: "(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.".

   Inserted: SEC. 387J. COASTAL ZONE MANAGEMENT FUND.

   Inserted: (a) Treatment of Loan Repayments.--Section 308(a)(2) (16 U.S.C. 1456a(a)(2)) is amended to read as follows:

   Inserted: "(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).

   Inserted: (b) Use of Amounts in Fund.--Section 308(b) (16 U.S.C. 1456a(b)) is amended by striking paragraphs (2) and (3) and inserting the following:

   Inserted: "(2) Subject to appropriation Acts, amounts in the Fund shall be available to the Secretary to make grants to the States for--

   Inserted: "(A) projects to address coastal and ocean management issues which are regional in scope, including intrastate and interstate projects; and

   Inserted: "(B) projects that have high potential for improving coastal zone and watershed management.

   Inserted: "(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.".

   Inserted: SEC. 387K. COASTAL ZONE ENHANCEMENT GRANTS.

   Inserted: Section 309 (16 U.S.C. 1456b) is amended--

   Inserted: (1) by striking subsection (a)(1) and inserting the following:

   Inserted: "(1) Protection, restoration, enhancement, or creation of coastal habitats, including wetlands, coral reefs, marshes, and barrier islands.";

   Inserted: (2) by inserting "and removal" after "entry" in subsection (a)(4);

   Inserted: (3) by striking "on various individual uses or activities on resources, such as coastal wetlands and fishery resources." in subsection (a)(5) and inserting "of various individual uses or activities on coastal waters, habitats, and resources, including sources of polluted runoff.";

   Inserted: (4) by adding at the end of subsection (a) the following:

   Inserted: "(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.

   Inserted: "(11) Significant emerging coastal issues as identified by coastal states, in consultation with the Secretary and qualified local entities.";

   Inserted: (5) by striking "changes" and inserting "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,";

   Inserted: (6) by striking "proposals, taking into account the criteria established by the Secretary under subsection (d)." in subsection (c) and inserting "proposals.";

   Inserted: (7) by striking subsection (d) and redesignating subsection (e) as subsection (d);

   Inserted: (8) by striking "in implementing this section, up to a maximum of $10,000,000 annually" in subsection (f) and inserting "for grants to the States."; and

   Inserted: (9) by redesignating subsections (f) and (g) as subsections (e) and (f), respectively.

   Inserted: SEC. 387L. COASTAL COMMUNITY PROGRAM.

   Inserted: The Act is amended by inserting after section 309 the following:

   Inserted: "SEC. 309A. COASTAL COMMUNITY PROGRAM.

   Inserted: "(a) Coastal Community Grants.--The Secretary may make grants to any coastal state that is eligible under subsection (b)--

   Inserted: "(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;

   Inserted: "(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;

   Inserted: "(3) to fund demonstration projects which have high potential for improving coastal zone management at the local level;

   Inserted: "(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--

   Inserted: "(A) revitalize previously developed areas;

   Inserted: "(B) undertake conservation activities and projects in undeveloped and environmentally sensitive areas;

   Inserted: "(C) emphasize water-dependent uses; and

   Inserted: "(D) protect coastal waters and habitats; and

   Inserted: "(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.".

   Inserted: "(b) Eligibility.--To be eligible for a grant under this section for a fiscal year, a coastal state shall--

   Inserted: "(1) have a management program approved under section 306; and

   Inserted: "(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 section 303(2)(A) through (K).

   Inserted: "(c) Allocations; Source of Federal Grants; State Matching Contributions.--

   Inserted: "(1) Allocation.--Grants under this section shall be allocated to coastal states as provided in section 306(c).

   Inserted: "(2) Application; matching.--If a coastal state chooses to fund a project under this section, then--

   Inserted: "(A) it shall submit to the Secretary a combined application for grants under this section and section 306; and

   Inserted: "(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.

   Inserted: "(d) Allocation of Grants to Qualified Local Entity.--

   Inserted: "(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.

   Inserted: "(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).

   Inserted: "(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).".

   Inserted: SEC. 387M. TECHNICAL ASSISTANCE; RESOURCES ASSESSMENTS; INFORMATION SYSTEMS.

   Inserted: (a) In General.--Section 310 (16 U.S.C. 1456c) is amended--

   Inserted: (1) by inserting "(1)" before "The Secretary" in subsection (a);

   Inserted: (2) by striking "assistance" in subsection (a) and inserting "assistance, technology and methodology development, training and information transfer, resources assessment, and";

   Inserted: (3) by adding at the end of subsection (a) the following:

   Inserted: "(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.";

   Inserted: (4) by striking "and research activities," in subsection (b)(1) and inserting "research activities, and other support services and activities";

   Inserted: (5) by inserting after "Secretary." in subsection (b)(1) the following: "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.";

   Inserted: (6) by inserting after "section." in subsection (b)(3) the following: "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.)."; and

   Inserted: (7) by adding at the end the following:

   Inserted: "(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.

   Inserted: "(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.".

   Inserted: (b) Conforming Amendment.--The section heading for section 310 (16 U.S.C. 1456c) is amended to read as follows:

   Inserted: "SEC. 310. TECHNICAL ASSISTANCE, RESOURCES ASSESSMENTS, AND INFORMATION SYSTEMS.

   Inserted: SEC. 387N. PERFORMANCE REVIEW.

   Inserted: Section 312(a) (16 U.S.C. 1458(a)) is amended--

   Inserted: (1) by striking "continuing review of the performance" and inserting "periodic review, no less frequently than every 5 years, of the administration, implementation, and performance";

   Inserted: (2) by striking "management." and inserting "management programs.";

   Inserted: (3) by striking "has implemented and enforced" and inserting "has effectively administered, implemented, and enforced";

   Inserted: (4) by striking "addressed the coastal management needs identified" and inserting "furthered the national coastal policies and objectives set forth" after "Secretary,"; and

   Inserted: (5) by inserting "coordinated with National Estuarine Research Reserves in the state" after "303(2)(A) through (K),".

   Inserted: SEC. 387O. WALTER B. JONES AWARDS.

   Inserted: Section 314 (16 U.S.C. 1460) is amended--

   Inserted: (1) by striking "shall, using sums in the Coastal Zone Management Fund established under section 308" in subsection (a) and inserting "may, using sums available under this Act";

   Inserted: (2) by striking "field." in subsection (a) and inserting the following: "field of coastal zone management. These awards, to be known as the 'Walter B. Jones Awards', may include--

   Inserted: "(1) cash awards in an amount not to exceed $5,000 each;

   Inserted: "(2) research grants; and

   Inserted: "(3) public ceremonies to acknowledge such awards.";

   Inserted: (3) by striking "shall elect annually--" in subsection (b) and inserting "may select annually if funds are available under subsection (a)--"; and

   Inserted: (4) by striking subsection (e).

   Inserted: SEC. 387P. NATIONAL ESTUARINE RESEARCH RESERVE SYSTEM.

   Inserted: (a) Section 315(a) (16 U.S.C. 1461(a)) is amended by striking "consists of--" and inserting "is a network of areas protected by Federal, state, and community partnerships which promotes informed management of the Nation's estuarine and coastal areas through interconnected programs in resource stewardship, education and training, monitoring, research, and scientific understanding consisting of--".

   Inserted: (b) Section 315(b)(2) ((16 U.S.C. 1461(b)(2)) is amended--

   Inserted: (1) by inserting "for each coastal state or territory" after "research" in subparagraph (A);

   Inserted: (2) by striking "public awareness and" in subparagraph (C) and inserting "state coastal management, public awareness, and"; and

   Inserted: (3) by striking "public education and interpretation; and"; in subparagraph (C) and inserting "education, interpretation, training, and demonstration projects; and".

   Inserted: (c) Section 315(c) (16 U.S.C. 1461(c)) is amended--

   Inserted: (1) by striking "Research" in the subsection caption and inserting "Research, Education, and Resource Stewardship";

   Inserted: (2) by striking "conduct of research" and inserting "conduct of research, education, and resource stewardship";

   Inserted: (3) by striking "coordinated research" in paragraph (1)) and inserting "coordinated research, education, and resource stewardship";

   Inserted: (4) by striking "research" before "principles" in paragraph (2);

   Inserted: (5) by striking "research programs" in paragraph (2) and inserting "research, education, and resource stewardship programs";

   Inserted: (6) by striking "research" before "methodologies" in paragraph (3);

   Inserted: (7) by striking "data," in paragraph (3) and inserting "information,";

   Inserted: (8) by striking "research" before "results" in paragraph (3);

   Inserted: (9) by striking "research purposes;" in paragraph (3) and inserting "research, education, and resource stewardship purposes;";

   Inserted: (10) by striking "research efforts" in paragraph (4) and inserting "research, education, and resource stewardship efforts";

   Inserted: (11) by striking "research" in paragraph (5) and inserting "research, education, and resource stewardship"; and

   Inserted: (12) by striking "research" in the last sentence.

   Inserted: (d) Section 315(d) (16 U.S.C. 1461(d)) is amended--

   Inserted: (1) by striking "Estuarine Research.--" in the subsection caption and inserting "Estuarine Research, Education, and Resource Stewardship.--";

   Inserted: (2) by striking "research purposes" and inserting "research, education, and resource stewardship purposes";

   Inserted: (3) by striking paragraph (1) and inserting the following:

   Inserted: "(1) giving reasonable priority to research, education, and stewardship activities that use the System in conducting or supporting activities relating to estuaries; and";

   Inserted: (4) by striking "research." in paragraph (2) and inserting "research, education, and resource stewardship activities."; and

   Inserted: (5) by adding at the end thereof the following:

   Inserted: "(3) establishing partnerships with other Federal and state estuarine management programs to coordinate and collaborate on estuarine research.".

   Inserted: (e) Section 315(e) (16 U.S.C. 1461(e)) is amended--

   Inserted: (1) by striking "reserve," in paragraph (1)(A)(i) and inserting "reserve; and";

   Inserted: (2) by striking "and constructing appropriate reserve facilities, or" in paragraph (1)(A)(ii) and inserting "including resource stewardship activities and constructing reserve facilities; and";

   Inserted: (3) by striking paragraph (1)(A)(iii);

   Inserted: (4) by striking paragraph (1)(B) and inserting the following:

   Inserted: "(B) to any coastal state or public or private person for purposes of--

   Inserted: "(i) supporting research and monitoring associated with a national estuarine reserve that are consistent with the research guidelines developed under subsection (c); or

   Inserted: "(ii) conducting educational, interpretive, or training activities for a national estuarine reserve that are consistent with the education guidelines developed under subsection (c).";

   Inserted: (5) by striking "therein or $5,000,000, whichever amount is less." in paragraph (3)(A) and inserting "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.";

   Inserted: (6) by striking "and (iii)" in paragraph (3)(B);

   Inserted: (7) by striking "paragraph (1)(A)(iii)" in paragraph (3)(B) and inserting "paragraph (1)(B)";

   Inserted: (8) by striking "entire System." in paragraph (3)(B) and inserting "System as a whole."; and

   Inserted: (9) by adding at the end thereof the following:

   Inserted: "(4) The Secretary may--

   Inserted: "(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

   Inserted: "(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.

   Inserted: 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.".

   Inserted: (f) Section 315(f)(1) (16 U.S.C. 1461(f)(1)) is amended by inserting "coordination with other state programs established under sections 306 and 309A," after "including".

   Inserted: SEC. 387Q. COASTAL ZONE MANAGEMENT REPORTS.

   Inserted: Section 316 (16 U.S.C. 1462) is amended--

   Inserted: (1) by striking "to the President for transmittal" in subsection (a);

   Inserted: (2) by striking "zone and an evaluation of the effectiveness of financial assistance under section 308 in dealing with such consequences;" and inserting "zone;" in the provision designated as (10) in subsection (a);

   Inserted: (3) by inserting "education," after the "studies," in the provision designated as (12) in subsection (a);

   Inserted: (4) by striking "Secretary" in the first sentence of subsection (c)(1) and inserting "Secretary, in consultation with coastal states, and with the participation of affected Federal agencies,";

   Inserted: (5) by striking the second sentence of subsection (c)(1) and inserting the following: "The Secretary, in conducting such a review, shall coordinate with, and obtain the views of, appropriate Federal agencies.";

   Inserted: (6) by striking "shall promptly" in subsection (c)(2) and inserting "shall, within 4 years after the date of enactment of the Coastal Zone Enhancement Reauthorization Act of 2005,"; and

   Inserted: (7) by adding at the end of subsection (c)(2) the following: "If sufficient funds and resources are not available to conduct such a review, the Secretary shall so notify the Congress.".

   Inserted: SEC. 387R. AUTHORIZATION OF APPROPRIATIONS.

   Inserted: Section 318 (16 U.S.C. 1464) is amended--

   Inserted: (1) by striking paragraphs (1) and (2) of subsection (a) and inserting the following:

   Inserted: "(1) for grants under sections 306, 306A, and 309--

   Inserted: "(A) $90,500,000 for fiscal year 2006,

   Inserted: "(B) $94,000,000 for fiscal year 2007,

   Inserted: "(C) $98,000,000 for fiscal year 2008,

   Inserted: "(D) $102,000,000 for fiscal year 2009, and

   Inserted: "(E) $106,000,000 for fiscal year 2010;

   Inserted: "(2) for grants under section 309A--

   Inserted: "(A) $29,000,000 for fiscal year 2006,

   Inserted: "(B) $30,000,000 for fiscal year 2007,

   Inserted: "(C) $31,000,000 for fiscal year 2008,

   Inserted: "(D) $32,000,000 for fiscal year 2009, and

   Inserted: "(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);

   Inserted: "(3) for grants under section 315--

   Inserted: "(A) $37,000,000 for fiscal year 2006,

   Inserted: "(B) $38,000,000 for fiscal year 2007,

   Inserted: "(C) $39,000,000 for fiscal year 2008,

   Inserted: "(D) $40,000,000 for fiscal year 2009, and

   Inserted: "(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;

   Inserted: "(4) for costs associated with administering this title, $7,500,000 for fiscal year 2006 and such sums as are necessary for fiscal years 2007 through 2010."; and

   Inserted: "(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.";

   Inserted: (2) by striking "306 or 309." in subsection (b) and inserting "306.";

   Inserted: (3) by striking "during the fiscal year, or during the second fiscal year after the fiscal year, for which" in subsection (c) and inserting "within 3 years from when";

   Inserted: (4) by striking "under the section for such reverted amount was originally made available." in subsection (c) and inserting "to states under this Act."; and

   Inserted: (5) by adding at the end thereof the following:

   Inserted: "(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.

   Inserted: "(e) Restrictions on Use of Amounts.--

   Inserted: "(1) Use of amounts for program, administrative, or overhead costs.--Except for funds appropriated under subsection (a)(4), shall not be available for other program, administrative, or overhead costs of the National Oceanic and Atmospheric Administration or the Department of Commerce.

   Inserted: "(2) Grants to states.--Funds appropriated pursuant to subsections (a)(1) and (a)(2) shall be made available only for grants to States.".

   Inserted: SEC. 387S. DEADLINE FOR DECISION ON APPEALS OF CONSISTENCY DETERMINATION.

   Inserted: (a) In General.--Section 319 (16 U.S.C. 1465) is amended to read as follows:

   Inserted: "SEC. 319. APPEALS TO THE SECRETARY.

   Inserted: "(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.

   Inserted: "(b) Closure of Record.--

   Inserted: "(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.

   Inserted: "(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.

   Inserted: "(3) Exception.--

   Inserted: "(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--

   Inserted: "(i) for a specific period mutually agreed to in writing by the appellant and the State agency; or

   Inserted: "(ii) as the Secretary determines necessary to receive, on an expedited basis--

   Inserted: "(I) any supplemental information specifically requested by the Secretary to complete a consistency review under this Act; or

   Inserted: "(II) any clarifying information submitted by a party to the proceeding related to information already existing in the sole record.

   Inserted: "(B) Applicability.--The Secretary may only stay the 270-day period described in paragraph (1) for a period not to exceed 60 days.

   Inserted: "(c) Deadline for Decision.--

   Inserted: "(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.

   Inserted: "(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.".

   Inserted: SEC. 387T. SENSE OF CONGRESS.

   Inserted: It is the sense of Congress that the Undersecretary for Oceans and Atmosphere should re-evaluate the calculation of shoreline mileage used in the distribution of funding under the Coastal Zone Management Program to ensure equitable treatment of all regions of the coastal zone, including the Southeastern States and the Great Lakes States.

   Original wording

   On page 323, beginning with line 7, strike through line 12 on page 325 and insert the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed