[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 241 Placed on Calendar Senate (PCS)]
Calendar No. 6
108th CONGRESS
1st Session
S. 241
To amend the Coastal Zone Management Act.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 29, 2003
Ms. Snowe (for herself, Mr. Kerry, Mr. McCain, and Mr. Hollings)
introduced the following bill; which was read the first time
January 30, 2003
Read the second time and placed on the calendar
_______________________________________________________________________
A BILL
To amend the Coastal Zone Management Act.
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 Zone Enhancement
Reauthorization Act of 2003''.
SEC. 2. AMENDMENT OF COASTAL ZONE MANAGEMENT ACT.
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.).
SEC. 3. FINDINGS.
Section 302 (16 U.S.C. 1451) is amended--
(1) by redesignating paragraphs (a) through (m) as
paragraphs (1) through (13);
(2) by inserting ``ports,'' in paragraph (3) (as so
redesignated) after ``fossil fuels,'';
(3) by inserting ``including coastal waters and wetlands,''
in paragraph (4) (as so redesignated) after ``zone,'';
(4) by striking ``therein,'' in paragraph (4) (as so
redesignated) and inserting ``dependent on that habitat,'';
(5) by striking ``well-being'' in paragraph (5) (as so
redesignated) and inserting ``quality of life'';
(6) by striking paragraph (11) (as so redesignated) and
inserting the following:
``(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
(7) by adding at the end thereof the following:
``(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.''.
SEC. 4. POLICY.
Section 303 (16 U.S.C. 1452) is amended--
(1) by striking ``the states'' in paragraph (2) and
inserting ``state and local governments'';
(2) by striking ``waters,'' each place it appears in
paragraph (2)(C) and inserting ``waters and habitats,'';
(3) by striking ``agencies and state and wildlife agencies;
and'' in paragraph (2)(J) and inserting ``and wildlife
management; and'';
(4) by inserting ``other countries,'' after ``agencies,''
in paragraph (5);
(5) by striking ``and'' at the end of paragraph (5);
(6) by striking ``zone.'' in paragraph (6) and inserting
``zone;''; and
(7) by adding at the end thereof the following:
``(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; and
``(8) to encourage the development, application, and
transfer of innovative coastal and estuarine environmental
technologies and techniques for the long-term conservation of
coastal ecosystems.''.
SEC. 5. CHANGES IN DEFINITIONS.
Section 304 (16 U.S.C. 1453) is amended--
(1) by striking ``and the Trust Territories of the Pacific
Islands,'' in paragraph (4);
(2) by striking paragraph (8) and inserting the following:
``(8) The term `estuarine reserve' 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, and which constitutes to the extent
feasible a natural unit, established to provide long-term
opportunities for conducting scientific studies and educational
and training programs that improve the understanding,
stewardship, and management of estuaries.''; and
(3) by adding at the end thereof the following:
``(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. 6. REAUTHORIZATION OF MANAGEMENT PROGRAM DEVELOPMENT GRANTS.
Section 305 (16 U.S.C. 1454) is amended to read as follows:
``SEC. 305. MANAGEMENT PROGRAM DEVELOPMENT GRANTS.
``(a) States Without Programs.--In fiscal years 2004 and 2005, 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. 7. ADMINISTRATIVE GRANTS.
(a) Purposes.--Section 306(a) (16 U.S.C. 1455(a)) is amended by
inserting ``including developing and implementing coastal nonpoint
pollution control program components,'' after ``program,''.
(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.
(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''.
SEC. 8. COASTAL RESOURCE IMPROVEMENT PROGRAM.
Section 306A (16 U.S.C. 1455a) is amended--
(1) by inserting ``or other important coastal habitats'' in
subsection (b)(1)(A) after ``306(d)(9)'';
(2) by inserting ``or historic'' in subsection (b)(2) after
``urban'';
(3) by adding at the end of subsection (b) the following:
``(5) The coordination and implementation of approved
coastal nonpoint pollution control plans.
``(6) The preservation, restoration, enhancement or
creation of coastal habitats.'';
(4) by striking ``and'' after the semicolon in subsection
(c)(2)(D);
(5) by striking ``section.'' in subsection (c)(2)(E) and
inserting ``section;'';
(6) by adding at the end of subsection (c)(2) the
following:
``(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.'';
and
(7) by striking subsections (d), (e), and (f) and inserting
after subsection (c) the following:
``(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.
``(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. 9. COASTAL ZONE MANAGEMENT FUND.
(a) Treatment of Loan Repayments.--Section 308(a)(2) (16 U.S.C.
1456a(a)(2)) is amended to read as follows:
``(2) Loan repayments made under 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 Appropriations
Acts, shall be available to the Secretary for purposes
of this title and transferred to the Operations,
Research, and Facilities account of the National
Oceanic and Atmospheric Administration to offset the
costs of implementing this title.''.
(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:
``(2) Subject to Appropriation Acts, amounts in the Fund
shall be available to the Secretary to carry out the provisions
of this Act.''.
SEC. 10. COASTAL ZONE ENHANCEMENT GRANTS.
Section 309 (16 U.S.C. 1456b) is amended--
(1) by striking subsection (a)(1) and inserting the
following:
``(1) Protection, restoration, enhancement, or creation of
coastal habitats, including wetlands, coral reefs, marshes, and
barrier islands.'';
(2) by inserting ``and removal'' after ``entry'' in
subsection (a)(4);
(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.'';
(4) by adding at the end of subsection (a) the following:
``(10) Development and enhancement of coastal nonpoint
pollution control program components, 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.'';
(5) by striking ``proposals, taking into account the
criteria established by the Secretary under subsection (d).''
in subsection (c) and inserting ``proposals.'';
(6) by striking subsection (d) and redesignating subsection
(e) as subsection (d);
(7) by striking ``section, up to a maximum of $10,000,000
annually'' in subsection (f) and inserting ``section.''; and
(8) by redesignating subsections (f) and (g) as subsections
(e) and (f), respectively.
SEC. 11. COASTAL COMMUNITY PROGRAM.
The Act is amended by inserting after section 309 the following:
``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;
``(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 section 303(2)(A) through (K).
``(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).
``(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. 12. TECHNICAL ASSISTANCE.
Section 310(b) (16 U.S.C. 1456c(b)) is amended by adding at the end
thereof the following:
``(4) The Secretary may conduct a program to develop and
apply innovative coastal and estuarine environmental technology
and methodology through a cooperative program. The Secretary
may make extramural grants in carrying out the purpose of this
subsection.''.
SEC. 13. PERFORMANCE REVIEW.
Section 312(a) (16 U.S.C. 1458(a)) is amended by inserting
``coordinated with National Estuarine Research Reserves in the state''
after ``303(2)(A) through (K),''.
SEC. 14. WALTER B. JONES AWARDS.
Section 314 (16 U.S.C. 1460) is amended--
(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'';
(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--
``(1) cash awards in an amount not to exceed $5,000 each;
``(2) research grants; and
``(3) public ceremonies to acknowledge such awards.'';
(3) by striking ``shall elect annually--'' in subsection
(b) and inserting ``may select annually if funds are available
under subsection (a)--''; and
(4) by striking subsection (e).
SEC. 15. NATIONAL ESTUARINE RESEARCH RESERVE SYSTEM.
(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, and scientific understanding consisting of--''.
(b) Section 315(b)(2)(C) (16 U.S.C. 1461(b)(2)(C)) is amended by
striking ``public education and interpretation; and''; and inserting
``education, interpretation, training, and demonstration projects;
and''.
(c) Section 315(c) (16 U.S.C. 1461(c)) is amended--
(1) by striking ``Research'' in the subsection caption and
inserting ``Research, Education, and Resource Stewardship'';
(2) by striking ``conduct of research'' and inserting
``conduct of research, education, and resource stewardship'';
(3) by striking ``coordinated research'' in paragraph (1)
and inserting ``coordinated research, education, and resource
stewardship'';
(4) by striking ``research'' before ``principles'' in
paragraph (2);
(5) by striking ``research programs'' in paragraph (2) and
inserting ``research, education, and resource stewardship
programs'';
(6) by striking ``research'' before ``methodologies'' in
paragraph (3);
(7) by striking ``data,'' in paragraph (3) and inserting
``information,'';
(8) by striking ``research'' before ``results'' in
paragraph (3);
(9) by striking ``research purposes;'' in paragraph (3) and
inserting ``research, education, and resource stewardship
purposes;'';
(10) by striking ``research efforts'' in paragraph (4) and
inserting ``research, education, and resource stewardship
efforts'';
(11) by striking ``research'' in paragraph (5) and
inserting ``research, education, and resource stewardship'';
and
(12) by striking ``research'' in the last sentence.
(d) Section 315(d) (16 U.S.C. 1461(d)) is amended--
(1) by striking ``Estuarine Research.--'' in the subsection
caption and inserting ``Estuarine Research, Education, and
Resource Stewardship.--'';
(2) by striking ``research purposes'' and inserting
``research, education, and resource stewardship purposes'';
(3) by striking paragraph (1) and inserting the following:
``(1) giving reasonable priority to research, education,
and stewardship activities that use the System in conducting or
supporting activities relating to estuaries; and'';
(4) by striking ``research.'' in paragraph (2) and
inserting ``research, education, and resource stewardship
activities.''; and
(5) by adding at the end thereof the following:
``(3) establishing partnerships with other Federal and
state estuarine management programs to coordinate and
collaborate on estuarine research.''.
(e) Section 315(e) (16 U.S.C. 1461(e)) is amended--
(1) by striking ``reserve,'' in paragraph (1)(A)(i) and
inserting ``reserve; and'';
(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'';
(3) by striking paragraph (1)(A)(iii);
(4) by striking paragraph (1)(B) and inserting the
following:
``(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).'';
(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.'';
(6) by striking ``and (iii)'' in paragraph (3)(B);
(7) by striking ``paragraph (1)(A)(iii)'' in paragraph
(3)(B) and inserting ``paragraph (1)(B)'';
(8) by striking ``entire System.'' in paragraph (3)(B) and
inserting ``System as a whole.''; and
(9) by adding at the end thereof the following:
``(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) 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''.
SEC. 16. COASTAL ZONE MANAGEMENT REPORTS.
Section 316 (16 U.S.C. 1462) is amended--
(1) by striking ``to the President for transmittal'' in
subsection (a);
(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);
(3) by inserting ``education,'' after the ``studies,'' in
the provision designated as (12) in subsection (a);
(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,'';
(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.'';
(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 2003,'';
and
(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.''.
SEC. 17. AUTHORIZATION OF APPROPRIATIONS.
Section 318 (16 U.S.C. 1464) is amended--
(1) by striking paragraphs (1) and (2) of subsection (a)
and inserting the following:
``(1) for grants under sections 306, 306A, and 309--
``(A) $83,500,000 for fiscal year 2004;
``(B) $87,000,000 for fiscal year 2005;
``(C) $90,500,000 for fiscal year 2006;
``(D) $94,000,000 for fiscal year 2007; and
``(E) $97,500,000 for fiscal year 2008.
``(2) for grants under section 309A--
``(A) $27,000,000 for fiscal year 2004;
``(B) $28,000,000 for fiscal year 2005;
``(C) $29,000,000 for fiscal year 2006;
``(D) $30,000,000 for fiscal year 2007; and
``(E) $30,000,000 for fiscal year 2008.
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) $13,000,000 for fiscal year 2004;
``(B) $14,000,000 for fiscal year 2005;
``(C) $15,000,000 for fiscal year 2006;
``(D) $16,000,000 for fiscal year 2007; and
``(E) $17,000,000 for fiscal year 2008.
``(4) for grants to fund construction projects at estuarine
reserves designated under section 315, $12,000,000 for each of
fiscal years 2004, 2005, 2006, 2007, and 2008; and
``(5) for costs associated with administering this title,
$6,500,000 for fiscal year 2004 and such sums as are necessary
for fiscal years 2005-2008.'';
(2) by striking ``306 or 309.'' in subsection (b) and
inserting ``306.'';
(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'';
(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
(5) by adding at the end thereof the following:
``(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) Restriction on Use of Amounts for Program, Administrative, or
Overhead Costs.--Except for funds appropriated under subsection (a)(5),
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. 18. SENSE OF CONGRESS.
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.
Calendar No. 6
108th CONGRESS
1st Session
S. 241
_______________________________________________________________________
A BILL
To amend the Coastal Zone Management Act.
_______________________________________________________________________
January 30, 2003
Read the second time and placed on the calendar