[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 360 Reported in Senate (RS)]
Calendar No. 211
109th CONGRESS
1st Session
S. 360
[Report No. 109-137]
To amend the Coastal Zone Management Act.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 10, 2005
Ms. Snowe (for herself, Mr. Kerry, Mr. Sarbanes, Ms. Cantwell, Mr.
Levin, Mr. DeWine, and Mr. Lautenberg) introduced the following bill;
which was read twice and referred to the Committee on Commerce,
Science, and Transportation
September 15, 2005
Reported by Mr. Stevens, with an amendment
[Strike all after the enacting clause and insert the part printed in
italic]
_______________________________________________________________________
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,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Coastal Zone Enhancement
Reauthorization Act of 2005''.</DELETED>
<DELETED>SEC. 2. AMENDMENT OF COASTAL ZONE MANAGEMENT ACT.</DELETED>
<DELETED> 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.).</DELETED>
<DELETED>SEC. 3. FINDINGS.</DELETED>
<DELETED> Section 302 (16 U.S.C. 1451) is amended--</DELETED>
<DELETED> (1) by redesignating paragraphs (a) through (m) as
paragraphs (1) through (13);</DELETED>
<DELETED> (2) by inserting ``ports,'' in paragraph (3) (as
so redesignated) after ``fossil fuels,'';</DELETED>
<DELETED> (3) by inserting ``including coastal waters and
wetlands,'' in paragraph (4) (as so redesignated) after
``zone,'';</DELETED>
<DELETED> (4) by striking ``therein,'' in paragraph (4) (as
so redesignated) and inserting ``dependent on that
habitat,'';</DELETED>
<DELETED> (5) by striking ``well-being'' in paragraph (5)
(as so redesignated) and inserting ``quality of
life'';</DELETED>
<DELETED> (6) by striking paragraph (11) (as so
redesignated) and inserting the following:</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> (7) by adding at the end thereof the
following:</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED>SEC. 4. POLICY.</DELETED>
<DELETED> Section 303 (16 U.S.C. 1452) is amended--</DELETED>
<DELETED> (1) by striking ``the states'' in paragraph (2)
and inserting ``state and local governments'';</DELETED>
<DELETED> (2) by striking ``waters,'' each place it appears
in paragraph (2)(C) and inserting ``waters and
habitats,'';</DELETED>
<DELETED> (3) by striking ``agencies and state and wildlife
agencies; and'' in paragraph (2)(J) and inserting ``and
wildlife management; and'';</DELETED>
<DELETED> (4) by inserting ``other countries,'' after
``agencies,'' in paragraph (5);</DELETED>
<DELETED> (5) by striking ``and'' at the end of paragraph
(5);</DELETED>
<DELETED> (6) by striking ``zone.'' in paragraph (6) and
inserting ``zone;''; and</DELETED>
<DELETED> (7) by adding at the end thereof the
following:</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED>SEC. 5. CHANGES IN DEFINITIONS.</DELETED>
<DELETED> Section 304 (16 U.S.C. 1453) is amended--</DELETED>
<DELETED> (1) by striking ``and the Trust Territories of the
Pacific Islands,'' in paragraph (4);</DELETED>
<DELETED> (2) by striking paragraph (8) and inserting the
following:</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> (3) by adding at the end thereof the
following:</DELETED>
<DELETED> ``(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).</DELETED>
<DELETED> ``(20) The term `qualified local entity' means--
</DELETED>
<DELETED> ``(A) any local government;</DELETED>
<DELETED> ``(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));</DELETED>
<DELETED> ``(C) any regional agency;</DELETED>
<DELETED> ``(D) any interstate agency;</DELETED>
<DELETED> ``(E) any nonprofit organization;
or</DELETED>
<DELETED> ``(F) any reserve established under
section 315.''.</DELETED>
<DELETED>SEC. 6. REAUTHORIZATION OF MANAGEMENT PROGRAM DEVELOPMENT
GRANTS.</DELETED>
<DELETED> Section 305 (16 U.S.C. 1454) is amended to read as
follows:</DELETED>
<DELETED>``SEC. 305. MANAGEMENT PROGRAM DEVELOPMENT GRANTS.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED>SEC. 7. ADMINISTRATIVE GRANTS.</DELETED>
<DELETED> (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,''.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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''.</DELETED>
<DELETED>SEC. 8. COASTAL RESOURCE IMPROVEMENT PROGRAM.</DELETED>
<DELETED> Section 306A (16 U.S.C. 1455a) is amended--</DELETED>
<DELETED> (1) by inserting ``or other important coastal
habitats'' in subsection (b)(1)(A) after
``306(d)(9)'';</DELETED>
<DELETED> (2) by inserting ``or historic'' in subsection
(b)(2) after ``urban'';</DELETED>
<DELETED> (3) by adding at the end of subsection (b) the
following:</DELETED>
<DELETED> ``(5) The coordination and implementation of
approved coastal nonpoint pollution control plans.</DELETED>
<DELETED> ``(6) The preservation, restoration, enhancement
or creation of coastal habitats.'';</DELETED>
<DELETED> (4) by striking ``and'' after the semicolon in
subsection (c)(2)(D);</DELETED>
<DELETED> (5) by striking ``section.'' in subsection
(c)(2)(E) and inserting ``section;'';</DELETED>
<DELETED> (6) by adding at the end of subsection (c)(2) the
following:</DELETED>
<DELETED> ``(F) work, resources, or technical
support necessary to preserve, restore, enhance, or
create coastal habitats; and</DELETED>
<DELETED> ``(G) the coordination and implementation
of approved coastal nonpoint pollution control
plans.''; and</DELETED>
<DELETED> (7) by striking subsections (d), (e), and (f) and
inserting after subsection (c) the following:</DELETED>
<DELETED> ``(d) Source of Federal Grants; State Matching
Contributions.--</DELETED>
<DELETED> ``(1) In general.--If a coastal state chooses to
fund a project under this section, then--</DELETED>
<DELETED> ``(A) it shall submit to the Secretary a
combined application for grants under this section and
section 306;</DELETED>
<DELETED> ``(B) it shall match the combined amount
of such grants in the ratio required by section 306(a)
for grants under that section; and</DELETED>
<DELETED> ``(C) the Federal funding for the project
shall be a portion of that state's annual allocation
under section 306(a).</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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).''.</DELETED>
<DELETED>SEC. 9. COASTAL ZONE MANAGEMENT FUND.</DELETED>
<DELETED> (a) Treatment of Loan Repayments.--Section 308(a)(2) (16
U.S.C. 1456a(a)(2)) is amended to read as follows:</DELETED>
<DELETED> ``(2) Loan repayments made under this subsection--
</DELETED>
<DELETED> ``(A) shall be retained by the Secretary
and deposited into the Coastal Zone Management Fund
established under subsection (b); and</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED> (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:</DELETED>
<DELETED> ``(2) Subject to Appropriation Acts, amounts in
the Fund shall be available to the Secretary to carry out the
provisions of this Act.''.</DELETED>
<DELETED>SEC. 10. COASTAL ZONE ENHANCEMENT GRANTS.</DELETED>
<DELETED> Section 309 (16 U.S.C. 1456b) is amended--</DELETED>
<DELETED> (1) by striking subsection (a)(1) and inserting
the following:</DELETED>
<DELETED> ``(1) Protection, restoration, enhancement, or
creation of coastal habitats, including wetlands, coral reefs,
marshes, and barrier islands.'';</DELETED>
<DELETED> (2) by inserting ``and removal'' after ``entry''
in subsection (a)(4);</DELETED>
<DELETED> (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.'';</DELETED>
<DELETED> (4) by adding at the end of subsection (a) the
following:</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(11) Significant emerging coastal issues as
identified by coastal states, in consultation with the
Secretary and qualified local entities.'';</DELETED>
<DELETED> (5) by striking ``proposals, taking into account
the criteria established by the Secretary under subsection
(d).'' in subsection (c) and inserting
``proposals.'';</DELETED>
<DELETED> (6) by striking subsection (d) and redesignating
subsection (e) as subsection (d);</DELETED>
<DELETED> (7) by striking ``section, up to a maximum of
$10,000,000 annually'' in subsection (f) and inserting
``section.''; and</DELETED>
<DELETED> (8) by redesignating subsections (f) and (g) as
subsections (e) and (f), respectively.</DELETED>
<DELETED>SEC. 11. COASTAL COMMUNITY PROGRAM.</DELETED>
<DELETED> The Act is amended by inserting after section 309 the
following:</DELETED>
<DELETED>``SEC. 309A. COASTAL COMMUNITY PROGRAM.</DELETED>
<DELETED> ``(a) Coastal Community Grants.--The Secretary may make
grants to any coastal state that is eligible under subsection (b)--
</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(3) to fund demonstration projects which have
high potential for improving coastal zone management at the
local level;</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(A) revitalize previously developed
areas;</DELETED>
<DELETED> ``(B) undertake conservation activities
and projects in undeveloped and environmentally
sensitive areas;</DELETED>
<DELETED> ``(C) emphasize water-dependent uses;
and</DELETED>
<DELETED> ``(D) protect coastal waters and habitats;
and</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED> ``(b) Eligibility.--To be eligible for a grant under this
section for a fiscal year, a coastal state shall--</DELETED>
<DELETED> ``(1) have a management program approved under
section 306; and</DELETED>
<DELETED> ``(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).</DELETED>
<DELETED> ``(c) Allocations; Source of Federal Grants; State
Matching Contributions.--</DELETED>
<DELETED> ``(1) Allocation.--Grants under this section shall
be allocated to coastal states as provided in section
306(c).</DELETED>
<DELETED> ``(2) Application; matching.--If a coastal state
chooses to fund a project under this section, then--</DELETED>
<DELETED> ``(A) it shall submit to the Secretary a
combined application for grants under this section and
section 306; and</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(d) Allocation of Grants to Qualified Local Entity.--
</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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).</DELETED>
<DELETED> ``(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).''.</DELETED>
<DELETED>SEC. 12. TECHNICAL ASSISTANCE.</DELETED>
<DELETED> Section 310(b) (16 U.S.C. 1456c(b)) is amended by adding
at the end thereof the following:</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED>SEC. 13. PERFORMANCE REVIEW.</DELETED>
<DELETED> 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),''.</DELETED>
<DELETED>SEC. 14. WALTER B. JONES AWARDS.</DELETED>
<DELETED> Section 314 (16 U.S.C. 1460) is amended--</DELETED>
<DELETED> (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'';</DELETED>
<DELETED> (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--</DELETED>
<DELETED> ``(1) cash awards in an amount not to exceed
$5,000 each;</DELETED>
<DELETED> ``(2) research grants; and</DELETED>
<DELETED> ``(3) public ceremonies to acknowledge such
awards.'';</DELETED>
<DELETED> (3) by striking ``shall elect annually--'' in
subsection (b) and inserting ``may select annually if funds are
available under subsection (a)--''; and</DELETED>
<DELETED> (4) by striking subsection (e).</DELETED>
<DELETED>SEC. 15. NATIONAL ESTUARINE RESEARCH RESERVE SYSTEM.</DELETED>
<DELETED> (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--''.</DELETED>
<DELETED> (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''.</DELETED>
<DELETED> (c) Section 315(c) (16 U.S.C. 1461(c)) is amended--
</DELETED>
<DELETED> (1) by striking ``Research'' in the subsection
caption and inserting ``Research, Education, and Resource
Stewardship'';</DELETED>
<DELETED> (2) by striking ``conduct of research'' and
inserting ``conduct of research, education, and resource
stewardship'';</DELETED>
<DELETED> (3) by striking ``coordinated research'' in
paragraph (1)) and inserting ``coordinated research, education,
and resource stewardship'';</DELETED>
<DELETED> (4) by striking ``research'' before ``principles''
in paragraph (2);</DELETED>
<DELETED> (5) by striking ``research programs'' in paragraph
(2) and inserting ``research, education, and resource
stewardship programs'';</DELETED>
<DELETED> (6) by striking ``research'' before
``methodologies'' in paragraph (3);</DELETED>
<DELETED> (7) by striking ``data,'' in paragraph (3) and
inserting ``information,'';</DELETED>
<DELETED> (8) by striking ``research'' before ``results'' in
paragraph (3);</DELETED>
<DELETED> (9) by striking ``research purposes;'' in
paragraph (3) and inserting ``research, education, and resource
stewardship purposes;'';</DELETED>
<DELETED> (10) by striking ``research efforts'' in paragraph
(4) and inserting ``research, education, and resource
stewardship efforts'';</DELETED>
<DELETED> (11) by striking ``research'' in paragraph (5) and
inserting ``research, education, and resource stewardship'';
and</DELETED>
<DELETED> (12) by striking ``research'' in the last
sentence.</DELETED>
<DELETED> (d) Section 315(d) (16 U.S.C. 1461(d)) is amended--
</DELETED>
<DELETED> (1) by striking ``Estuarine Research.--'' in the
subsection caption and inserting ``Estuarine Research,
Education, and Resource Stewardship.--'';</DELETED>
<DELETED> (2) by striking ``research purposes'' and
inserting ``research, education, and resource stewardship
purposes'';</DELETED>
<DELETED> (3) by striking paragraph (1) and inserting the
following:</DELETED>
<DELETED> ``(1) giving reasonable priority to research,
education, and stewardship activities that use the System in
conducting or supporting activities relating to estuaries;
and'';</DELETED>
<DELETED> (4) by striking ``research.'' in paragraph (2) and
inserting ``research, education, and resource stewardship
activities.''; and</DELETED>
<DELETED> (5) by adding at the end thereof the
following:</DELETED>
<DELETED> ``(3) establishing partnerships with other Federal
and state estuarine management programs to coordinate and
collaborate on estuarine research.''.</DELETED>
<DELETED> (e) Section 315(e) (16 U.S.C. 1461(e)) is amended--
</DELETED>
<DELETED> (1) by striking ``reserve,'' in paragraph
(1)(A)(i) and inserting ``reserve; and'';</DELETED>
<DELETED> (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'';</DELETED>
<DELETED> (3) by striking paragraph (1)(A)(iii);</DELETED>
<DELETED> (4) by striking paragraph (1)(B) and inserting the
following:</DELETED>
<DELETED> ``(B) to any coastal state or public or
private person for purposes of--</DELETED>
<DELETED> ``(i) supporting research and
monitoring associated with a national estuarine
reserve that are consistent with the research
guidelines developed under subsection (c);
or</DELETED>
<DELETED> ``(ii) conducting educational,
interpretive, or training activities for a
national estuarine reserve that are consistent
with the education guidelines developed under
subsection (c).'';</DELETED>
<DELETED> (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.'';</DELETED>
<DELETED> (6) by striking ``and (iii)'' in paragraph
(3)(B);</DELETED>
<DELETED> (7) by striking ``paragraph (1)(A)(iii)'' in
paragraph (3)(B) and inserting ``paragraph (1)(B)'';</DELETED>
<DELETED> (8) by striking ``entire System.'' in paragraph
(3)(B) and inserting ``System as a whole.''; and</DELETED>
<DELETED> (9) by adding at the end thereof the
following:</DELETED>
<DELETED> ``(4) The Secretary may--</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED>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.''.</DELETED>
<DELETED> (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''.</DELETED>
<DELETED>SEC. 16. COASTAL ZONE MANAGEMENT REPORTS.</DELETED>
<DELETED> Section 316 (16 U.S.C. 1462) is amended--</DELETED>
<DELETED> (1) by striking ``to the President for
transmittal'' in subsection (a);</DELETED>
<DELETED> (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);</DELETED>
<DELETED> (3) by inserting ``education,'' after the
``studies,'' in the provision designated as (12) in subsection
(a);</DELETED>
<DELETED> (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,'';</DELETED>
<DELETED> (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.'';</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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.''.</DELETED>
<DELETED>SEC. 17. AUTHORIZATION OF APPROPRIATIONS.</DELETED>
<DELETED> Section 318 (16 U.S.C. 1464) is amended--</DELETED>
<DELETED> (1) by striking paragraphs (1) and (2) of
subsection (a) and inserting the following:</DELETED>
<DELETED> ``(1) for grants under sections 306, 306A, and
309--</DELETED>
<DELETED> ``(A) $90,500,000 for fiscal year
2006;</DELETED>
<DELETED> ``(B) $94,000,000 for fiscal year
2007;</DELETED>
<DELETED> ``(C) $98,000,000 for fiscal year
2008;</DELETED>
<DELETED> ``(D) $102,000,000 for fiscal year 2009;
and</DELETED>
<DELETED> ``(E) $106,000,000 for fiscal year
2010.</DELETED>
<DELETED> ``(2) for grants under section 309A--</DELETED>
<DELETED> ``(A) $29,000,000 for fiscal year
2006;</DELETED>
<DELETED> ``(B) $30,000,000 for fiscal year
2007;</DELETED>
<DELETED> ``(C) $31,000,000 for fiscal year
2008;</DELETED>
<DELETED> ``(D) $32,000,000 for fiscal year 2009;
and</DELETED>
<DELETED> ``(E) $32,000,000 for fiscal year
2010.</DELETED>
<DELETED>of which $10,000,000, or 35 percent, whichever is
less, shall be for purposes set forth in section
309A(a)(5);</DELETED>
<DELETED> ``(3) for grants under section 315--</DELETED>
<DELETED> ``(A) $18,000,000 for fiscal year
2006;</DELETED>
<DELETED> ``(B) $19,000,000 for fiscal year
2007;</DELETED>
<DELETED> ``(C) $20,000,000 for fiscal year
2008;</DELETED>
<DELETED> ``(D) $21,000,000 for fiscal year 2009;
and</DELETED>
<DELETED> ``(E) $22,000,000 for fiscal year
2010.</DELETED>
<DELETED> ``(4) for grants to fund construction projects at
estuarine reserves designated under section 315, $15,000,000
for each of fiscal years 2006, 2007, 2008, 2009, and 2010;
and</DELETED>
<DELETED> ``(5) for costs associated with administering this
title, $7,000,000 for fiscal year 2006 and such sums as are
necessary for fiscal years 2007-2010.'';</DELETED>
<DELETED> (2) by striking ``306 or 309.'' in subsection (b)
and inserting ``306.'';</DELETED>
<DELETED> (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'';</DELETED>
<DELETED> (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</DELETED>
<DELETED> (5) by adding at the end thereof the
following:</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED>SEC. 18. SENSE OF CONGRESS.</DELETED>
<DELETED> 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.</DELETED>
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Coastal Zone
Enhancement Reauthorization Act of 2005''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Amendment of Coastal Zone Management Act of 1972.
Sec. 3. Findings.
Sec. 4. Policy.
Sec. 5. Changes in definitions.
Sec. 6. Reauthorization of management program development grants.
Sec. 7. Administrative grants.
Sec. 8. Coastal resource improvement program.
Sec. 9. Certain Federal agency activities.
Sec. 10. Coastal zone management fund.
Sec. 11. Coastal zone enhancement grants.
Sec. 12. Coastal community program.
Sec. 13. Technical assistance; resources assessments; information
systems.
Sec. 14. Performance review.
Sec. 15. Walter B. Jones awards.
Sec. 16. National Estuarine Research Reserve System.
Sec. 17. Coastal zone management reports.
Sec. 18. Authorization of appropriations.
Sec. 19. Deadline for decision on appeals of consistency determination.
Sec. 20. Coordination with Federal Energy Regulatory Commission.D23/
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.).
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 inserting ``integrated plans and strategies,'' after
``including'' in paragraph (9) (as so redesignated);
(7) 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
(8) 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.
``(15) The establishment of a national system of estuarine
research reserves will provide for protection of essential
estuarine resources, as well as for a network of State-based
reserves that will serve as sites for coastal stewardship best-
practices, monitoring, research, education, and training to
improve coastal management and to help translate science and
inform coastal decisionmakers and the public.''.
SEC. 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 ``programs'' the first place it appears in
paragraph (2) and inserting ``programs, plans, and
strategies'';
(3) by striking ``waters,'' each place it appears in
paragraph (2)(C) and inserting ``waters and habitats,'';
(4) by striking ``agencies and state and wildlife agencies;
and'' in paragraph (2)(J) and inserting ``and wildlife
management, and'';
(5) by striking ``specificity'' in paragraph (3) and
inserting ``specificity, cooperation, coordination, and
effectiveness'';
(6) by inserting ``other countries,'' after ``agencies,''
in paragraph (5);
(7) by striking ``and'' at the end of paragraph (5);
(8) by striking ``zone.'' in paragraph (6) and inserting
``zone;''; and
(9) 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
through State-based conservation, monitoring, research,
education, outreach, and training; and
``(8) to encourage the development, application, training,
technical assistance, and transfer of innovative coastal
management practices and coastal and estuarine environmental
technologies and techniques to improve understanding and
management decisionmaking for the long-term conservation of
coastal ecosystems.''.
SEC. 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) in paragraph (6)(B)--
(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
(B) by striking ``and (ix)'' and inserting ``and
(x);
(3) by striking paragraph (8) and inserting the following:
``(8) The terms `estuarine reserve' and `estuarine research
reserve' mean a coastal protected area that--
``(A) may include any part or all of an estuary and
any island, transitional area, and upland in,
adjoining, or adjacent to the estuary;
``(B) constitutes to the extent feasible a natural
unit; and
``(C) is established to provide long-term
opportunities for conducting scientific studies and
monitoring and educational and training programs that
improve the understanding, stewardship, and management
of estuaries and improve coastal decisionmaking.'';
(4) by inserting ``plans, strategies,'' after ``policies,''
in paragraph (12);
(5) in paragraph (13)--
(A) by inserting ``or alternative energy sources on
or'' after ``natural gas'';
(B) by striking ``new or expanded'' and inserting
``new, reused, or expanded''; and
(C) by striking ``or production.'' and inserting
``production, or other energy related purposes.'';
(6) by striking ``policies; standards'' in paragraph (17)
and inserting ``policies, standards, incentives, guidelines,'';
and
(7) by adding at the end 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 2006 and 2007, the
Secretary may make a grant annually to any coastal state without an
approved program if the coastal state demonstrates to the satisfaction
of the Secretary that the grant will be used to develop a management
program consistent with the requirements set forth in section 306. The
amount of any such grant shall not exceed $200,000 in any fiscal year,
and shall require State matching funds according to a 4-to-1 ratio of
Federal-to-State contributions. After an initial grant is made to a
coastal state under this subsection, no subsequent grant may be made to
that coastal state under this subsection unless the Secretary finds
that the coastal state is satisfactorily developing its management
program. No coastal state is eligible to receive more than 4 grants
under this subsection.
``(b) Submittal of Program for Approval.--A coastal state that has
completed the development of its management program shall submit the
program to the Secretary for review and approval under section 306.''.
SEC. 7. ADMINISTRATIVE GRANTS.
(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,''.
(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. To the extent
practicable, the Secretary shall ensure that each eligible State
receives increased funding under this section in any fiscal year for
which the total amount appropriated to carry out this section is
greater than the total amount appropriated to carry out this section
for the preceding fiscal year.
(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''.
(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''.
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, strategies, and
measures.
``(6) The preservation, restoration, enhancement or
creation of coastal habitats.'';
(4) by inserting ``planning,'' before ``engineering'' in
subsection (c)(2)(D);
(5) by striking ``and'' after the semicolon in subsection
(c)(2)(D);
(6) by striking ``section.'' in subsection (c)(2)(E) and
inserting ``section;'';
(7) 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,
strategies, measures.''; and
(8) 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 and consistent with the policies of
this Act.
``(f) Assistance.--The Secretary shall assist eligible coastal
states in identifying and obtaining from other Federal agencies
technical and financial assistance in achieving the objectives set
forth in subsection (b).''.
SEC. 9. CERTAIN FEDERAL AGENCY ACTIVITIES.
Section 307(c)(1) (16 U.S.C. 1456(c)(1)) is amended by adding at
the end the following:
``(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.''.
SEC. 10. 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 shall be
retained by the Secretary and deposited into the Coastal Zone
Management Fund established under subsection (b) and shall be
made available to the States for grants as under subsection
(b)(2).''.
(b) 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 make grants to the
States for--
``(A) projects to address coastal and ocean
management issues which are regional in scope,
including intrastate and interstate projects; and
``(B) projects that have high potential for
improving coastal zone and watershed management.
``(3) Projects funded under this subsection shall apply an
integrated, watershed-based management approach and advance the
purpose of this Act to preserve, protect, develop, and where
possible, to restore or enhance, the resources of the Nation's
coastal zone for this and succeeding generations.''.
SEC. 11. 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, strategies, and measures,
including the satisfaction of conditions placed on such
programs as part of the Secretary's approval of the programs.
``(11) Significant emerging coastal issues as identified by
coastal states, in consultation with the Secretary and
qualified local entities.'';
(5) by striking ``changes'' in subsection (b)(2)(A) 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,'';
(6) by striking ``proposals, taking into account the
criteria established by the Secretary under subsection (d).''
in subsection (c) and inserting ``proposals.'';
(7) by striking subsection (d) and redesignating
subsections (e), (f), and (g) as subsections (d), (e), and (f),
respectively; and
(8) by striking ``in implementing this section, up to a
maximum of $10,000,000 annually.'' in subsection (e), as
redesignated, and inserting ``for grants to the States.''.
SEC. 12. 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 as long as such strategies are
consistent with the policies of this Act;
``(3) to fund demonstration projects which have high
potential for improving coastal zone management at the local
level;
``(4) to assist in the adoption of plans, strategies,
policies, or procedures to support local community-based
environmentally-protective solutions to the impacts and
pressures on coastal uses and resources caused by development
and sprawl that will--
``(A) revitalize previously developed areas;
``(B) undertake conservation activities and
projects in undeveloped and environmentally sensitive
areas;
``(C) emphasize water-dependent uses; and
``(D) protect coastal waters and habitats; and
``(5) to assist coastal communities to coordinate and
implement approved coastal nonpoint pollution control
strategies and measures that reduce the causes and impacts of
polluted runoff on coastal waters and habitats.''.
``(b) Eligibility.--To be eligible for a grant under this section
for a fiscal year, a coastal state shall--
``(1) have a management program approved under section 306;
and
``(2) in the judgment of the Secretary, be making
satisfactory progress in activities designed to result in
significant improvement in achieving the coastal management
objectives specified in subparagraphs (A) through (K) of
section 303(2).
``(c) Allocations; Source of Federal Grants; State Matching
Contributions.--
``(1) Allocation.--Grants under this section shall be
allocated to coastal states as provided in section 306(c).
``(2) Application; matching.--If a coastal state chooses to
fund a project under this section, then--
``(A) it shall submit to the Secretary a combined
application for grants under this section and section
306; and
``(B) it shall match the amount of the grant under
this section on the basis of a total contribution of
section 306, 306A, and this section so that, in
aggregate, the match is 1:1.
``(d) Allocation of Grants to Qualified Local Entity.--
``(1) In general.--With the approval of the Secretary, the
eligible coastal state may allocate to a qualified local entity
amounts received by the state under this section.
``(2) Assurances.--A coastal state shall ensure that
amounts allocated by the state under paragraph (1) are used by
the qualified local entity in furtherance of the state's
approved management program, specifically furtherance of the
coastal management objectives specified in section 303(2) and
the policies of this Act.
``(e) Assistance.--The Secretary shall assist eligible coastal
states and qualified local entities in identifying and obtaining from
other Federal agencies technical and financial assistance in achieving
the objectives set forth in subsection (a).''.
SEC. 13. TECHNICAL ASSISTANCE; RESOURCES ASSESSMENTS; INFORMATION
SYSTEMS.
(a) In General.--Section 310 (16 U.S.C. 1456c) is amended--
(1) by inserting ``(1)'' before ``The Secretary'' in
subsection (a);
(2) by striking ``assistance'' in the first sentence in
subsection (a) and inserting ``assistance, technology and
methodology development, training and information transfer,
resources assessment,'';
(3) by resetting the second and third sentences in
subsection (a) as a new paragraph and inserting ``(2)'' before
``Each'';
(4) by striking ``and research activities'' in subsection
(b)(1) and inserting ``research activities, and other support
services and activities'';
(5) by adding at the end of 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.'';
(6) by adding at the end of 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
(7) by adding at the end the following:
``(c)(1) The Secretary shall consult with the regional advisory
committees concerning the development of a coastal resources assessment
and information program to support development and maintenance of
integrated coastal resource assessments of state natural, cultural and
economic attributes, and coastal information programs for the
collection and dissemination of data and information, product
development, and outreach based on the needs and priorities of coastal
and ocean managers and user groups.
``(2) The Secretary shall assist coastal states in identifying and
obtaining financial and technical assistance from other Federal
agencies and may make grants to states in carrying out the purpose of
this section and to provide ongoing support for state resource
assessment and information programs.''.
(b) Conforming Amendment.--The section heading for section 310 (16
U.S.C. 1456c) is amended to read as follows:
``SEC. 310. TECHNICAL ASSISTANCE, RESOURCES ASSESSMENTS, AND
INFORMATION SYSTEMS.''.
SEC. 14. PERFORMANCE REVIEW.
Section 312(a) (16 U.S.C. 1458(a)) is amended--
(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'';
(2) by striking ``management.'' and inserting ``management
programs.'';
(3) by striking ``has implemented and enforced'' and
inserting ``has effectively administered, implemented, and
enforced'';
(4) by striking ``addressed the coastal management needs
identified'' and inserting ``furthered the national coastal
policies and objectives set forth''; and
(5) by inserting ``coordinated with National Estuarine
Research Reserves in the state,'' after ``303(2)(A) through
(K),''.
SEC. 15. 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. 16. 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, monitoring, research, and scientific understanding consisting
of--''.
(b) Section 315(b)(2) ((16 U.S.C. 1461(b)(2)) is amended--
(1) by inserting ``for each coastal state or territory''
after ``research'' in subparagraph (A);
(2) by striking ``public awareness and'' in subparagraph
(C) and inserting ``state coastal management, public awareness,
and''; and
(3) by striking ``public education and interpretation;
and''; in subparagraph (C) 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'' after ``common'' in paragraph
(2);
(5) by striking ``research programs'' in paragraph (2) and
inserting ``research, education, and resource stewardship
programs'';
(6) by striking ``research'' after ``uniform'' in paragraph
(3);
(7) by striking ``data,'' in paragraph (3) and inserting
``information,'';
(8) by striking ``research'' after ``application of'' 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;'';
(4) by striking ``research.'' in paragraph (2) and
inserting ``research, education, and resource stewardship
activities; and''; 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. 17. 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
subsection (a)(10);
(3) by inserting ``education,'' after ``studies,'' in
subsection (a)(12);
(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 2005,'';
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. 18. 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) $90,500,000 for fiscal year 2006,
``(B) $94,000,000 for fiscal year 2007,
``(C) $98,000,000 for fiscal year 2008,
``(D) $102,000,000 for fiscal year 2009, and
``(E) $106,000,000 for fiscal year 2010;
``(2) for grants under section 309A--
``(A) $29,000,000 for fiscal year 2006,
``(B) $30,000,000 for fiscal year 2007,
``(C) $31,000,000 for fiscal year 2008,
``(D) $32,000,000 for fiscal year 2009, and
``(E) $32,000,000 for fiscal year 2010,
of which $10,000,000, or 35 percent, whichever is less, shall
be for purposes set forth in section 309A(a)(5);
``(3) for grants under section 315--
``(A) $37,000,000 for fiscal year 2006,
``(B) $38,000,000 for fiscal year 2007,
``(C) $39,000,000 for fiscal year 2008,
``(D) $40,000,000 for fiscal year 2009, and
``(E) $41,000,000 for fiscal year 2010,
of which up to $15,000,000 may be used by the Secretary in each
of fiscal years 2006 through 2010 for grants to fund
construction and acquisition projects at estuarine reserves
designated under section 315;
``(4) for costs associated with administering this title,
$7,500,000 for fiscal year 2006, $7,750,000 for fiscal year
2007, $8,000,000 for fiscal year 2008, $8,250,000, for fiscal
year 2009, and $8,500,000 for fiscal year 2010; and
``(5) for grants under section 310 to support State pilot
projects to implement resource assessment and information
programs, $6,000,000 for each of fiscal years 2006 and 2007.'';
(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) Restrictions on Use of Amounts.--Except for funds
appropriated under subsection (a)(4), amounts appropriated under this
section shall be available only for grants to States and shall not be
available for other program, administrative, or overhead costs of the
National Oceanic and Atmospheric Administration or the Department of
Commerce.''.
SEC. 19. DEADLINE FOR DECISION ON APPEALS OF CONSISTENCY DETERMINATION.
(a) In General.--Section 319 (16 U.S.C. 1465) is amended to read as
follows:
``SEC. 319. APPEALS TO THE SECRETARY.
``(a) Notice.--Not later than 30 days after the date of the filing
of an appeal to the Secretary of a consistency determination under
section 307, the Secretary shall publish an initial notice in the
Federal Register.
``(b) Closure of Record.--
``(1) In general.--Not later than the end of the 270-day
period beginning on the date of publication of an initial
notice under subsection (a), except as provided in paragraph
(3), the Secretary shall immediately close the decision record
and receive no more filings on the appeal.
``(2) Notice.--After closing the administrative record, the
Secretary shall immediately publish a notice in the Federal
Register that the administrative record has been closed.
``(3) Exception.--
``(A) In general.--Subject to subparagraph (B),
during the 270-day period described in paragraph (1),
the Secretary may stay the closing of the decision
record--
``(i) for a specific period mutually agreed
to in writing by the appellant and the State
agency; or
``(ii) as the Secretary determines
necessary to receive, on an expedited basis--
``(I) any supplemental information
specifically requested by the Secretary
to complete a consistency review under
this Act; or
``(II) any clarifying information
submitted by a party to the proceeding
related to information already existing
in the sole record.
``(B) Applicability.--The Secretary may only stay
the 270-day period described in paragraph (1) once and
for a period not to exceed 60 days.
``(c) Deadline for Decision.--
``(1) In general.--Not later than 90 days after the date of
publication of a Federal Register notice stating when the
decision record for an appeal has been closed, the Secretary
shall issue a decision or publish a notice in the Federal
Register explaining why a decision cannot be issued at that
time.
``(2) Subsequent decision.--Not later than 45 days after
the date of publication of a Federal Register notice explaining
why a decision cannot be issued within the 90-day period, the
Secretary shall issue a decision.''.
(b) Effective Date.--The amendment made by subsection (a) applies
with respect to appeals under subsection (c) or (d) of section 307 of
the D23/Coastal Zone Management Act of 1972 (16 U.S.C. 1456) filed
after the date of enactment of this Act.
(c) Special Rule for Appeals Filed On or Before Date of
Enactment.--The Secretary of Commerce--
(1) shall close the administrative record for any appeal
under subsection (c) or (d) of section 307 of the D23/Coastal
Zone Management Act of 1972 (16 U.S.C. 1456) that was filed on
or before the date of enactment of this Act within 180 days
after such date of enactment but not earlier than December 31,
2006;
(2) may not receive any additional filing with respect to
such an appeal; and
(3) shall issue a decision on the appeal within 90 days
after closing the administrative record.
SEC. 20. COORDINATION WITH FEDERAL ENERGY REGULATORY COMMISSION.
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--
(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
(2) coordinated schedules for such reviews that ensures
that, where appropriate, the reviews are performed
concurrently.
Calendar No. 211
109th CONGRESS
1st Session
S. 360
[Report No. 109-137]
_______________________________________________________________________
A BILL
To amend the Coastal Zone Management Act.
_______________________________________________________________________
September 15, 2005
Reported with an amendment