[Senate Report 114-399]
[From the U.S. Government Publishing Office]
Calendar No. 724
114th Congress } { Report
2d Session } SENATE { 114-399
_______________________________________________________________________
THE COASTAL COORDINATION ACT OF 2016
__________
R E P O R T
OF THE
COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
ON
S. 3038
[GRAPHIC NOT AVAILABLE IN TIFF FORMAT]
December 9, 2016.--Ordered to be printed
_____________
U.S. GOVERNMENT PUBLISHING OFFICE
WASHINGTON : 2016
_________________________________________________________________________
SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
one hundred fourteenth congress
second session
JOHN THUNE, South Dakota, Chairman
ROGER F. WICKER, Mississippi BILL NELSON, Florida
ROY BLUNT, Missouri MARIA CANTWELL, Washington
MARCO RUBIO, Florida CLAIRE McCASKILL, Missouri
KELLY AYOTTE, New Hampshire AMY KLOBUCHAR, Minnesota
TED CRUZ, Texas RICHARD BLUMENTHAL, Connecticut
DEB FISCHER, Nebraska BRIAN SCHATZ, Hawaii
JERRY MORAN, Kansas ED MARKEY, Massachusetts
DAN SULLIVAN, Alaska CORY BOOKER, New Jersey
RON JOHNSON, Wisconsin TOM UDALL, New Mexico
DEAN HELLER, Nevada JOE MANCHIN, West Virginia
CORY GARDNER, Colorado GARY PETERS, Michigan
STEVE DAINES, Montana
Nick Rossi, Staff Director
Adrian Arnakis, Deputy Staff Director
Jason Van Beek, General Counsel
Kim Lipsky, Democratic Staff Director
Christopher Day, Democratic Deputy Staff Director
Clint Odom, Democratic General Counsel
__________________________________________________________________________
Calendar No. 724
114th Congress} { Report
SENATE
2d Session } { 114-399
======================================================================
THE COASTAL COORDINATION ACT OF 2016
_______
December 9, 2016.--Ordered to be printed
_______
Mr. Thune, from the Committee on Commerce, Science, and Transportation,
submitted the following
R E P O R T
[To accompany S. 3038]
The Committee on Commerce, Science, and Transportation, to
which was referred the bill (S. 3038) to reauthorize the
Coastal Zone Management Act of 1972, and for other purposes,
having considered the same, reports favorably thereon with an
amendment (in the nature of a substitute) and recommends that
the bill (as amended) do pass.
Purpose of the Bill
The purpose of S. 3038 is to reauthorize the Coastal Zone
Management Act (CZMA) of 1972 (16 U.S.C. 1451 et seq.). The
bill also would: outline new objectives for coastal states to
address when applying for grants; encourage interstate and
regional coordination of contiguous areas, shared resources,
and interstate waters; allow for the expansion of several
National Estuarine Research Reserves; and authorize the
Secretary of Commerce (Secretary) to award grants to eligible
entities to develop strategies and implement action plans to
protect and restore the Gulf of Mexico ecosystem.
Background and Needs
Coastal communities are home to almost 165 million people,
support 70 million jobs, and contribute almost $9.5 trillion to
the U.S. economy, accounting for 57 percent of the Nation's
economic output as of 2013.\1\ Congress recognized the
importance of growth in the Nation's coastal zones by passing
the CZMA in 1972. It was last amended in the Energy Policy Act
of 2005.\2\ The Office for Coastal Management, administered by
the National Oceanic and Atmospheric Administration (NOAA),
provides for the management of the Nation's coastal resources,
including the Great Lakes. The Office oversees three national
programs: the National Coastal Zone Management Program
(including the Coastal Zone Enhancement Program and the Coastal
Nonpoint Pollution Control Program) (Program); the National
Estuarine Research Reserve System (NERRS); and the Coastal and
Estuarine Land Conservation Program (CELCP).
---------------------------------------------------------------------------
\1\``NOAA's National Coastal Zone Management Program,'' National
Oceanic and Atmospheric Administration, accessed March 30, 2016, at
https://coast.noaa.gov/czm.
\2\P.L. 109-58.
---------------------------------------------------------------------------
The Program is a voluntary partnership between the Federal
Government and coastal and Great Lakes States and territories.
Currently, 34 of the 35 eligible States and territories
participate in the Program.
Alaska participated in the Program from 1979 until 2011
when the State legislature did not extend its participation in
the Program, which by Alaska State law required a periodic
review by State lawmakers.\3\ When it was first established in
1978, Alaska's participation in the Program was unusual
compared to other States' participation in the Program in that
it was decentralized, allowing local coastal districts to adopt
their own plans.\4\ Other States took a more centralized
approach with the State government managing coastal management.
The decentralized nature of Alaska's original program made its
administration cumbersome.\5\ In 2003, Governor Frank Murkowski
led the effort to centralize control within the Alaska State
Department of Natural Resources rather than with the local
communities.\6\ Oil and gas extraction groups supported the
efficiency of the reforms, while local governments opposed the
diminution of their prior influence over coastal zone
management.\7\
---------------------------------------------------------------------------
\3\Alaska Coastal Management Program Withdrawal From the National
Coastal Management Program Under the Coastal Zone Management Act, 76
Fed. Reg. 39857, July 7, 2001, at, http: //www.gpo.gov/fdsys/pkg/FR-
2011-07-07/html/2011-16987.html.
\4\Tim Bradner, ``State's Coastal Zone Management Authority to
Expire This Month,'' Alaska Journal of Commerce, June 3, 2011.
\5\Ibid.
\6\Ibid.
\7\Ibid.
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In 2010, Alaska State legislators representing the rural
areas of the State attempted to undo Governor Murkowski's
revisions and reinstate Alaska's participation in the Program
as it was originally conceived.\8\ The State legislation
stalled because of a disagreement about the appropriate level
of control between Governor Murkowski and the local coastal
districts over coastal management decisions.\9\ As a matter of
Alaska State law, because the special session ended without the
Alaska legislature extending participation in the Program, its
coastal program sunset, and Alaska withdrew from the Program
under the CZMA.
---------------------------------------------------------------------------
\8\Tim Bradner, ``Coastal management initiative fails by a heavy
margin,'' Alaska Journal of Commerce, August 30, 2012.
\9\Tim Bradner, ``State's Coastal Zone Management Authority to
Expire This Month,'' Alaska Journal of Commerce, June 3, 2011.
---------------------------------------------------------------------------
Alaska State law allows for its citizens to initiate
legislation to be considered first by the State Legislature,
and then, if not adopted, considered by a popular vote of its
citizens.\10\ This process is referred to as the indirect
initiative. On January 17, 2012, supporters turned in 33,500
signatures to the Alaska Division of Elections office to
propose an initiative to reestablish States' coastal management
program. The measure was not enacted by the State legislature
during the 2012 session. It was presented to the voters on an
August 2012 ballot, where the initiative failed to gain a
majority of votes.\11\
---------------------------------------------------------------------------
\10\Gordon Harrison, ``Alaska's Constitution: A Citizen's Guide,''
at http://w3.legis.state.ak.us/docs/pdf/citizens--guide.pdf.
\11\Tim Bradner, ``Coastal management initiative fails by a heavy
margin,'' Alaska Journal of Commerce, August 30, 2012.
---------------------------------------------------------------------------
The Program aims to balance competing land and water issues
through State and territorial coastal management programs. A
wide range of issues are addressed through the Program,
including coastal development, water quality, public access,
habitat protection, energy facility siting, ocean governance
and planning, and coastal hazards. The Federal consistency
component of the Program seeks to ensure that Federal actions
with reasonably foreseeable effects on coastal uses and
resources are consistent with the enforceable policies of a
State's approved coastal management program. This also applies
to federally authorized and funded non-Federal actions.
The Coastal Zone Enhancement Program provides incentives to
States to enhance their State coastal management programs
within nine key areas: wetlands; coastal hazards; public
access; marine debris; cumulative and secondary impacts;
special area management planning; ocean and Great Lakes
resources; energy and government facility siting; and
aquaculture.
Lastly, the Coastal Nonpoint Pollution Control Program
ensures that participating States have the necessary tools to
prevent and control polluted runoff. Between 2011 and 2014, the
Program protected over 18,750 acres of coastal habitat and
restored over 12,000 acres of degraded coastal habitat.\12\
Prior to amendments to the CZMA in 1990, the CZMA included a
section to provide an interstate grant program and facilitate
interstate agreements. With coastal development, there is now
an increased need for interstate and regional coordination to
effectively manage coastal uses and resources. S. 3038 would
amend several sections of the CZMA to encourage coordinated
management of shared resources.
---------------------------------------------------------------------------
\12\``NOAA's National Coastal Zone Management Program,'' National
Oceanic and Atmospheric Administration, accessed March 30, 2016, at
https://coast.noaa.gov/czm.
---------------------------------------------------------------------------
NERRS is a network of 28 coastal sites designated to
protect and study estuarine systems.\13\ Established through
the CZMA, the reserves represent a partnership program between
NOAA and the coastal States. NOAA provides funding and national
guidance, while each site is managed daily by a lead State
agency or university with input from local partners. The
research reserves cover 1.3 million acres of estuaries and are
focused on stewardship, research, training, and education.\14\
Topics covered include nonpoint source pollution, resilient
communities, habitat restoration, and invasive species.
Overall, the reserve systems serve as field laboratories that
provide a greater understanding of estuaries and how humans
impact them.
---------------------------------------------------------------------------
\13\``National Estuarine Research Reserve System,'' National
Oceanic and Atmospheric Administration, accessed April 12, 2016, at
https://nerrs.noaa.gov/.
\14\``NOAA's National Coastal Zone Management Program,'' National
Oceanic and Atmospheric Administration, accessed March 30, 2016, at
https://coast.noaa.gov/czm.
---------------------------------------------------------------------------
Directed by the Appropriations Committee of the Senate and
the Appropriations Committee of the House of Representatives, a
2016 Blue Ribbon Panel crafted a NERRS Recommendations Report
highlighting current program status and needs of the system.
Accordingly, NOAA is also working with its partners to develop
a strategic plan to strengthen the system and guide future
expansion. NOAA and the State of Hawaii will designate He'eia
National Estuarine Research Reserve as the system's 29th
reserve. S. 3038 contemplates the potential to expand and
strengthen the system to account for changing conditions and
novel research applications consistent with the Blue Ribbon
panel and NOAA strategy.
The CELCP provides matching funds to State and local
governments to purchase threatened coastal and estuarine lands
or obtain conservation easements.\15\ To be considered, the
land must be important ecologically or possess other coastal
conservation values such as historic features, scenic views, or
recreational opportunities. Each year, subject to available
funding which was last appropriated at $3 million in fiscal
year (FY) 2012, NOAA runs a funding competition with two
phases--a State and a national competition. NOAA initiates the
competition by issuing a Federal funding opportunity notice
that includes eligibility information, including who may apply,
how many proposals each eligible coastal State or territory may
submit, and how much funding may be requested for each project.
To compete for funding, prospective projects must be in a
State, trust territory, or commonwealth with a federally
approved coastal zone management program or national estuarine
research reserve. To date, this program has supported projects
in 29 States.\16\
---------------------------------------------------------------------------
\15\``Coastal and Estuarine Land Conservation Program,'' National
Oceanic and Atmospheric Administration, accessed April 12, 2016, at
https://coast.noaa.gov/czm/landconservation.
\16\Ibid.
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Between 2004 and 2012, seven Regional Ocean Partnerships
were established among governors of States with shared regional
marine resources. Established in 2004, the Gulf of Mexico
Alliance (GOMA) was the first Regional Ocean Partnership, and
focuses on issues that relate to the shared marine resource
interests of Florida, Alabama, Mississippi, Louisiana, and
Texas. Current GOMA priorities include coastal resilience, data
and monitoring, education and engagement, habitat, water
resources, wildlife, and fisheries. GOMA represents the kind of
collaboration of resource management envisioned by the CZMA. S.
3038 would further encourage interstate and regional
cooperation in managing coastal zone uses and resources.
Summary of Provisions
If enacted, S. 3038 would do the following:
Reauthorize CZMA through FY 2021.
Outline new objectives for coastal States to
address when applying for grants such as interstate
water resource and management planning and oil spill
response.
Encourage interstate and regional
coordination of contiguous areas, shared resources, and
interstate waters.
Allow for the expansion of several National
Estuarine Research Reserves such as the Guana-Tolomato
Matanzas reserve, the Rookery Bay Reserve, and the
Apalachicola Reserve.
Authorize the Secretary of Commerce to award
grants to eligible entities to develop strategies and
implement action plans to protect and restore the Gulf
of Mexico ecosystem.
Legislative History
S. 3038 was introduced on June 9, 2016, by Senators Nelson
and Wicker. The CZMA was last amended through the Energy Policy
Act of 2005 (P.L. 109-58).
On June 15, 2016, the Committee met in open Executive
Session and, by a voice vote, ordered S. 3038 reported
favorably with an amendment (in the nature of a substitute).
Amendments were offered by Senators Booker and Schatz -
both were accepted. The amendment offered by Senator Schatz
would add any production, transportation, transfer, or storage
of renewable energy to the list of energy facilities. Renewable
energy would not be prioritized over pre-existing forms of
energy facilities such as electric generating plants, petroleum
plants, and oil and gas plants. The amendment as modified by
Senator Booker would direct the Secretary of Commerce to
promote the use of the NERRS systems for research by line
offices of NOAA. It also would direct the Secretary of Commerce
to consult with representatives of the Office of Oceanic and
Atmospheric Research (OAR), the National Ocean Service (NOS),
the National Marine Fisheries Service (NMFS), appropriate
industries, Non Governmental Organizations, universities, and
other Federal, State, and local partners to assess
opportunities to better integrate research and habitat
management. Lastly, it would require the Secretary of Commerce
to include in the report required under this title a summary of
the consultations between the representatives listed above.
Estimated Costs
In accordance with paragraph 11(a) of rule XXVI of the
Standing Rules of the Senate and section 403 of the
Congressional Budget Act of 1974, the Committee provides the
following cost estimate, prepared by the Congressional Budget
Office:
S. 3038--Coastal Coordination Act of 2016
Summary: S. 3038 would reauthorize the Coastal Zone
Management Act of 1972 (CZMA), which governs federal and state
environmental management of coastal areas. The bill would
authorize appropriations for grants to state and local
governments and other coastal zone management programs
administered by the National Oceanic and Atmospheric
Administration (NOAA). The bill also would authorize NOAA, in
consultation with Texas, Louisiana, Mississippi, Alabama, and
Florida, to create programs for the conservation and
restoration of the Gulf of Mexico ecosystem.
CBO estimates that implementing S. 3038 would cost $423
million over the 2017-2021 period, assuming appropriation of
the authorized amounts. Enacting S. 3038 would not affect
direct spending or revenues; therefore, pay-as-you-go
procedures do not apply.
CBO estimates that enacting S. 3038 would not increase net
direct spending or on-budget deficits in any of the four
consecutive 10-year periods beginning in 2027.
S. 3038 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA)
and would impose no costs on state, local, or tribal
governments.
Estimated cost to the Federal Government: The estimated
budgetary effect of S. 3038 is shown in the following table.
The costs of this legislation fall within budget function 300
(natural resources and environment).
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
--------------------------------------------------------
2017 2018 2019 2020 2021 2017-22021
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INCREASES IN SPENDING SUBJECT TO APPROPRIATION
Coastal Zone Management Grants:
Authorization Level................................ 80 80 80 80 80 400
Estimated Outlays.................................. 24 44 60 72 80 280
National Estuarine Research Grants:
Authorization Level................................ 25 25 25 25 25 125
Estimated Outlays.................................. 20 24 25 25 25 119
Gulf of Mexico Coordination Programs:
Authorization Level................................ 5 5 5 5 5 25
Estimated Outlays.................................. 4 5 5 5 5 24
Total Costs:
Authorization Level............................ 110 110 110 110 110 550
Estimated Outlays.............................. 48 73 90 102 110 423
----------------------------------------------------------------------------------------------------------------
Basis of estimate: CBO assumes S. 3038 will be enacted near
the start of 2017 and that the necessary amounts will be
appropriated for each fiscal year. Estimated outlays are based
on historical spending patterns for similar programs. In 2015,
NOAA allocated about $65 million to all Coastal Zone Management
activities, including Coastal Zone Management grants and
National Estuarine Research grants.
The bill would authorize the appropriation of $80 million
annually through 2021 for NOAA to award grants to manage,
preserve, and restore coastal wetlands. CBO estimates that
those grants would cost $280 million over the 2017-2021 period
with the remainder being spent after 2021.
S. 3038 also would authorize the appropriation of $25
million annually through 2021 for NOAA to award grants to
states and private entities to fund research on estuaries. CBO
estimates that those grants would cost $119 million over the
2017-2021 period.
Finally, S. 3038 would authorize the appropriation of $5
million annually for NOAA to coordinate with Texas, Louisiana,
Mississippi, Alabama, and Florida to develop and implement
programs to restore and conserve the Gulf of Mexico ecosystem.
Those programs would include methods to improve water quality,
protect living resources, improve wildlife habitats, and
otherwise strengthen the gulf's ecosystem. CBO estimates that
implementing that program would cost $24 million over the 2017-
2021 period.
Pay-as-you-go considerations: None.
Increase in long-term direct spending and deficits: CBO
estimates that enacting the legislation would not increase net
direct spending or on-budget deficits in any of the four
consecutive 10-year periods beginning in 2027.
Intergovernmental and private-sector impact: S. 3038
contains no intergovernmental or private-sector mandates as
defined in UMRA and would benefit coastal states and local
governments by authorizing federal grants and technical
assistance for coastal management programs. Any costs incurred
by those entities, including matching contributions, would
result from participation in voluntary federal programs.
Estimate prepared by: Federal Costs: Robert Reese; Impact
on State, Local, and Tribal Governments: Jon Sperl; Impact on
the Private Sector: Amy Petz.
Estimate approved by: H. Samuel Papenfuss, Deputy Assistant
Director for Budget Analysis.
Regulatory Impact
In accordance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee provides the
following evaluation of the regulatory impact of the
legislation, as reported:
number of persons covered
S. 3038, as reported, does not create any new programs or
impose any new regulatory requirements, and therefore would not
subject any individuals or businesses to new regulations.
economic impact
The legislation is not expected to have a negative impact
on the Nation's economy.
privacy
The reported bill is not expected to impact the personal
privacy of individuals.
paperwork
S. 3038 would require the Secretary of Commerce to submit
to Congress a report summarizing the administration of this
title during each period of 5 consecutive FYs.
Congressionally Directed Spending
In compliance with paragraph 4(b) of rule XLIV of the
Standing Rules of the Senate, the Committee provides that no
provisions contained in the bill, as reported, meet the
definition of congressionally directed spending items under the
rule.
Section-by-Section Analysis
Section 1. Short title; table of contents; references.
This section would provide the short title of the bill,
``the Coastal Coordination Act of 2016.'' It also contains a
table of contents for the bill, and references that amendments
or repeals refer to the CZMA.
Title I - Coastal Zone Management Act of 1972 amendments
Section 101. Congressional findings.
This section would amend findings in section 302 of the
CZMA (16 U.S.C. 1451) about the national interest in coastal
zones to include coastal resilience. It also would include
tourism and non-mineral energy development coastal uses. The
findings would emphasize that local government and coordination
are important to protecting State coastal interests.
Section 102. Definitions.
This section would amend several definitions in section 304
of the CZMA (16 U.S.C. 1453) such as ``estuary'' to reflect the
current science. The definition of a ``coastal resource of
national significance'' would be amended to include resources
with research, geological, hydrological, ecological, water
quality, and flood risk reduction value. It also would add a
definition for the term ``working waterfront'' as the land,
infrastructure, and waterways used for a water-dependent
activity.
Section 103. Coastal resource improvement program.
This section would amend the Coastal Resource Improvement
Program under section 306A of the CZMA (16 U.S.C. 1455a) to add
objectives regarding the preservation or redevelopment of
working waterfronts, and the development of a coordinated
process to maximize the efficiency of processing permits
related to activities in the coastal zone.
Section 104. Coordination and cooperation.
This section would add a subsection to section 307 of the
CZMA (16 U.S.C. 1456) on interstate and regional coordination
to the Federal consistency provisions. Before amendment in
1990, the law contained language to facilitate interstate
agreements under a section for an interstate grant program that
was stricken. To reestablish interstate coordination, the
amendment made by this section would encourage States to
prioritize coordinating coastal zone policies in a way that
does not negatively impact another State's coastal zone and
establish an effective mechanism to resolve mutual interstate
or regional problems that affect the coastal zone such as water
quantity or quality across watersheds. To facilitate State
coordination, the amendment made by this section would
authorize interstate compacts for management of each State's
coastal zone and shared interstate resources. The amendment
made by this section also would allow the Secretary of Commerce
to provide non-binding mediation for a serious disagreement
between two or more willing ``coastal states.''
Section 105. Coastal zone enhancement grants.
This section would amend the coastal zone enhancement
grants under section 309 of the CZMA (16 U.S.C. 1436) by adding
specified purposes, including interstate water resource
planning and impacts of oil spills or other accidents resulting
from Outer Continental Shelf energy activities. The amendment
would specify that section 309 grants are direct allocations
per State based on the existing formula, minimums, and
maximums, ensuring that the fiscal and technical needs of the
coastal states are accounted for.
Section 106. National estuarine research reserve system.
This section would amend the NERRS under section 315 of the
CZMA (16 U.S.C. 1461) by authorizing the Secretary to evaluate
whether to expand the Guano-Tolomato Matanzas reserve, the
Rookery Bay reserve, and the Apalachicola reserve.
Additionally, the amendment made by this section would require
the Secretary to provide recommendations to the NERRS system to
address any deficiencies. It also would authorize the NERRS
program to accept private or non-profit donations to carry out
research, stewardship, and education at the reserves.
Section 107. Coastal zone management reports.
This section would amend section 316 of the CZMA (16 U.S.C.
1462) to require the Secretary to report to Congress on the
program once every 5 years instead of on a biennial basis.
Section 108. Technical and conforming amendments.
This section would amend several sections of the CZMA to
correct technical errors in that Act.
Section 109. Authorization of appropriations.
This section would amend section 318 of the CZMA (16 U.S.C.
1464) and authorize appropriations for the CZMA from FY 2017 to
FY 2021 with $80 million for the section 306, 306A, and 309
grant programs, and $25 million for the section 315 NERRS.
Title II - Gulf of Mexico regional coordination
Section 201. Sense of Congress.
This section would list findings regarding protection and
restoration efforts in the Gulf of Mexico at the Federal,
State, and local levels. It would express the congressional
desire for consistency and coordination among Gulf of Mexico
restoration efforts.
Section 202. Purposes.
This section would list the major purposes of the title,
including to expand and strengthen cooperative voluntary
efforts to conserve and restore the Gulf of Mexico, and to
coordinate Federal and State actions relating to the management
of the Gulf of Mexico ecosystem.
Section 203. Gulf of Mexico regional coordination.
This section would authorize the Secretary of Commerce to
award grants to eligible entities to develop strategies and
implement action plans to protect and restore the Gulf of
Mexico ecosystem, and authorize the formal collaboration of
Federal, State, local, and private participants in the five
Gulf States as partners on environmental issues affecting the
Gulf of Mexico. This section would define the ``Gulf of Mexico
Alliance'' as the nonoregulatory, inclusive network of partners
established in 2004 and ``eligible entities'' as a consortium
of four or more States that have a shoreline on the Gulf of
Mexico.
Section 204. Authorization of appropriations.
This section would authorize $5,000,000 to carry out this
title for FY 2017 through FY 2021.
Title III - Coastal zone impacts
Section 301. Agency consultations regarding coastal zone impacts.
This section would update the Fish and Wildlife
Coordination Act (16 U.S.C. 661 et seq.) to reflect the
authorities of current Federal agencies and laws. This section
would add NOAA, the Department of Commerce, and ``the head of
any potentially impacted `coastal state''' to the list of
entities to be consulted under that Act. It also would allow
for an impacted ``coastal state'' to provide recommendations to
mitigate impacts to fisheries, wildlife, and wildlife
resources. The definition of ``wildlife'' and ``wildlife
resources'' would include fisheries as defined in section 3 the
Magnuson-Stevens Fishery Conservation and Management Act (16
U.S.C. 1802).
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
material is printed in italic, existing law in which no change
is proposed is shown in roman):
COASTAL ZONE MANAGEMENT ACT OF 1972
[16 U.S.C. 1451 et seq.]
SEC. 302. CONGRESSIONAL FINDINGS.
[16 U.S.C. 1451]
The Congress finds that--
[(a)](1) There is a national interest [in the effective
management, beneficial use, protection, and development of the
coastal zone] in the effective management, beneficial use,
protection, development, and resilience of the coastal zone and
coastal natural resources.
[(b)](2) The coastal zone is rich in a variety of natural,
commercial, recreational, ecological, industrial, and esthetic
resources of immediate and potential value to the present and
future well-being of the Nation.
[(c)](3) The increasing and competing demands upon the lands
and waters of our coastal zone occasioned by population growth
and economic development, including requirements for [industry,
commerce, residential development, recreation, extraction of
mineral resources and fossil fuels, transportation and
navigation, waste disposal, and harvesting of fish, shellfish,
and other living marine resources] industry, commerce,
development, tourism, recreation, extraction of mineral
resources, energy development, transportation and navigation,
waste disposal, and harvesting of fish, shellfish, and other
living marine resources, have resulted in the loss of living
marine resources, wildlife, nutrient-rich areas, permanent and
adverse changes to ecological systems, decreasing open space
for public use, and shoreline erosion.
[(d)](4) The habitat areas of the coastal zone, and the fish,
shellfish, other living marine resources, and wildlife therein,
are ecologically fragile and consequently extremely vulnerable
to destruction by man's alterations.
[(e)](5) Important ecological, cultural, historic, and
esthetic values in the coastal zone which are essential to the
well-being of all citizens are being irretrievably damaged or
lost.
[(f)](6) New and expanding demands for food, energy,
minerals, defense needs, recreation, waste disposal,
transportation, and industrial activities in the Great Lakes,
territorial sea, exclusive economic zone, and Outer Continental
Shelf are placing stress on these areas and are creating the
need for resolution of serious conflicts among important and
competing uses and values in coastal and ocean waters[;].
[(g)](7) Special natural and scenic characteristics are being
damaged by ill-planned development that threatens these values.
[(h)](8) In light of competing demands and the urgent need to
protect and to give high priority to natural systems in the
coastal zone, present [state] State and local institutional
arrangements for planning and regulating land and water uses in
such areas are inadequate.
[(i)](9) The key to more effective protection and use of the
land and water resources of the coastal zone is to encourage
the [states to exercise their full authority over the lands and
waters in the coastal zone by assisting the states, in
cooperation with Federal and local governments and other
vitally affected interests] States to exercise their full
authority over the lands and waters in the coastal zone by
assisting the States, in cooperation with Federal agencies and
with the participation of and coordination with local
governments and other vitally affected interests, in developing
land and water use programs for the coastal zone, including
unified policies, criteria, standards, methods, and processes
for dealing with land and water use decisions of more than
local significance.
[(j)](10) The national objective of attaining a greater
degree of energy self-sufficiency would be advanced by
providing Federal financial assistance to meet [state] State
and local needs resulting from new or expanded energy activity
in or affecting the coastal zone.
[(k)](11) Land uses in the coastal zone, and the uses of
adjacent lands which drain into the coastal zone, may
significantly affect the quality of coastal waters and
habitats, and efforts to control coastal water pollution from
land use activities must be improved.
[(l)](12) Because global warming may result in a substantial
sea level rise with serious adverse effects in the coastal
zone, coastal states must anticipate and plan for such an
occurrence.
[(m)](13) Because of their proximity to and reliance upon the
ocean and its resources, the coastal states have substantial
and significant interests in the protection, management, and
development of the resources of the exclusive economic zone
that can only be served [by the active participation of coastal
states in all Federal programs affecting such resources] by the
active participation and coordination in all Federal programs
and activities affecting such resources and, wherever
appropriate, by the development of [state ocean] State ocean
resource plans as part of their Federally approved coastal zone
management programs.
SEC. 303. CONGRESSIONAL DECLARATION OF POLICY.
[16 U.S.C. 1452]
The Congress finds and declares that it is the national
policy--
(1) to preserve, protect, develop, and where
possible, to restore or enhance, the resources of the
Nation's coastal zone for this and succeeding
generations;
(2) to encourage and assist the [states] States to
exercise effectively their responsibilities in the
coastal zone through the development and implementation
of management programs to achieve wise use of the land
and water resources of the coastal zone, giving full
consideration to ecological, cultural, historic, and
esthetic values as well as the needs for compatible
economic development, which programs should at least
provide for--
(A) the protection of natural resources,
including wetlands, floodplains, estuaries,
beaches, dunes, barrier islands, coral reefs,
and fish and wildlife and their habitat, within
the coastal zone,
(B) the management of coastal development to
minimize the loss of life and property caused
by improper development in flood-prone, storm
surge, geological hazard, and erosion-prone
areas and in areas likely to be affected by or
vulnerable to sea level rise, land subsidence,
and saltwater intrusion, and by the destruction
of natural protective features such as beaches,
dunes, wetlands, and barrier islands[.],
(C) the management of coastal development to
improve, safeguard, and restore the quality of
coastal waters, and to protect natural
resources and existing uses of those waters,
(D) priority consideration being given to
coastal-dependent uses and orderly processes
for siting major facilities related to national
defense, energy, fisheries development,
recreation, ports and transportation, and the
location, to the maximum extent practicable, of
new commercial and industrial developments in
or adjacent to areas where such development
already exists,
(E) public access to the coasts for
recreation purposes,
(F) assistance in the redevelopment of
deteriorating urban waterfronts and ports, and
sensitive preservation and restoration of
historic, cultural, and esthetic coastal
features,
(G) the coordination and simplification of
procedures in order to ensure expedited
governmental decisionmaking for the management
of coastal resources,
(H) continued consultation and coordination
with, and the giving of adequate consideration
to the views of, affected Federal agencies,
(I) the giving of timely and effective
notification of, and opportunities for public
and local government participation in, coastal
management decisionmaking,
(J) assistance to support comprehensive
planning, conservation, and management for
living marine resources, including planning for
the siting of pollution control and aquaculture
facilities within the coastal zone, and
improved coordination between State and Federal
coastal zone management agencies and State and
wildlife agencies, and
(K) the study and development, in any case in
which the Secretary considers it to be
appropriate, of plans for addressing the
adverse effects upon the coastal zone of land
subsidence and of sea level rise; and
(3) to encourage the preparation of special area
management plans which provide for increased
specificity in protecting significant natural
resources, reasonable coastal-dependent economic
growth, improved protection of life and property in
hazardous areas, including those areas likely to be
affected by land subsidence, sea level rise, or
fluctuating water levels of the Great Lakes, and
improved predictability in governmental decisionmaking;
(4) to encourage the participation and cooperation of
the public, [state] State and local governments, and
interstate and other regional agencies, as well as of
the Federal agencies having programs affecting the
coastal zone, in carrying out the purposes of this
title;
(5) to encourage coordination and cooperation with
and among the appropriate Federal, State, and local
agencies, and international organizations where
appropriate, in collection, analysis, synthesis, and
dissemination of coastal management information,
research results, and technical assistance, to support
State and Federal regulation of land use practices
affecting the coastal and ocean resources of the United
States; and
(6) to respond to changing circumstances affecting
the coastal environment and coastal resource management
by encouraging States to consider such issues as ocean
uses potentially affecting the coastal zone.
SEC. 304. DEFINITIONS.
[16 U.S.C. 1453]
For the purposes of this title--
(1) The term ``coastal zone'' means the coastal
waters (including the lands therein and thereunder) and
the adjacent shorelands (including the waters therein
and thereunder), strongly influenced by each other and
in proximity to the shorelines of the several coastal
states, and includes islands, transitional and
intertidal areas, salt marshes, wetlands, and beaches.
The zone extends, in Great Lakes waters, to the
international boundary between the United States and
Canada and, in other areas, seaward to the outer limit
of State title and ownership under the Submerged Lands
Act (43 U.S.C. 1301 et seq.), the Act of March 2, 1917
(48 U.S.C. 749), the Covenant to Establish a
Commonwealth of the Northern Mariana Islands in
Political Union with the United States of America, as
approved by the Act of March 24, 1976 (48 U.S.C. 1681
note), or section 1 of the Act of November 20, 1963 (48
U.S.C. 1705), as applicable. The zone extends inland
from the shorelines only to the extent necessary to
control shorelands, the uses of which have a direct and
significant impact on the coastal waters, and to
control those geographical areas which are likely to be
affected by or vulnerable to sea level rise. Excluded
from the coastal zone are lands the use of which is by
law subject solely to the discretion of or which is
held in trust by the Federal Government, its officers
or agents.
(2) The term ``coastal resource of national
significance'' means any coastal wetland, beach, dune,
barrier island, reef, estuary, or fish and wildlife
habitat, [if any such area is determined by a coastal
state to be of substantial biological or natural storm
protective value] if any such area is determined by a
coastal state, alone or in combination with other such
areas, to be of substantial biological, research,
geological, hydrological, natural, ecological, storm
protective, water quality, or flood risk protective
value.
(3) The term ``coastal waters'' means (A) in the
Great Lakes area, the waters within the territorial
jurisdiction of the United States consisting of the
Great Lakes, their connecting waters, harbors,
roadsteads, and estuary-type areas such as bays,
shallows, and marshes and (B) in other areas, those
waters, adjacent to the shorelines, which contain a
measurable quantity or percentage of sea water,
including, but not limited to, sounds, bays, lagoons,
bayous, ponds, and estuaries.
(4) The term ``coastal state'' means a state of the
United States in, or bordering on, the Atlantic,
Pacific, or Arctic Ocean, the Gulf of Mexico, Long
Island Sound, or one or more of the Great Lakes. For
the purposes of this title, the term also includes
Puerto Rico, the Virgin Islands, Guam, the Commonwealth
of the Northern Mariana Islands, and the Trust
Territories of the Pacific Islands, and American Samoa.
(5) The term ``coastal energy activity'' means any of
the following activities if, and to the extent that (A)
the conduct, support, or facilitation of such activity
requires and involves the siting, construction,
expansion, or operation of any equipment or facility;
and (B) any technical requirement exists which, in the
determination of the Secretary, necessitates that the
siting, construction, expansion, or operation of such
equipment or facility be carried out in, or in close
proximity to, the coastal zone of [any coastal state]
any State;
(i) Any outer Continental Shelf
energy activity.
(ii) Any transportation, conversion,
treatment, transfer, or storage of
liquefied natural gas.
(iii) Any transportation, transfer,
or storage of oil, natural gas, or coal
(including, but not limited to, by
means of any deepwater port, as defined
in section 3(10) of the Deepwater Port
Act of 1974 (33 U.S.C. 1502(10)).
(iv) Any production, transportation,
transfer, or storage of renewable
energy.
For purposes of this paragraph, the siting,
construction, expansion, or operation of any equipment
or facility shall be ``in close proximity to'' the
coastal zone of [any coastal state] any State if such
siting, construction, expansion, or operation has, or
is likely to have, a significant effect on such coastal
zone.
[(6) The term ``energy facilities'' means any
equipment or facility which is or will be used
primarily--
[(A) in the exploration for, or the
development, production, conversion, storage,
transfer, processing, or transportation of, any
energy resource; or
[(B) for the manufacture, production, or
assembly of equipment, machinery, products, or
devices which are involved in any activity
described in subparagraph (A).
[The term includes, but is not limited to (i)
electric generating plants; (ii) petroleum refineries
and associated facilities; (iii) gasification plants;
(iv) facilities used for the transportation,
conversion, treatment, transfer, or storage of
liquefied natural gas; (v) uranium enrichment or
nuclear fuel processing facilities; (vi) oil and gas
facilities, including platforms, assembly plants,
storage depots, tank farms, crew and supply bases, and
refining complexes; (vii) facilities including
deepwater ports, for the transfer of petroleum; (viii)
pipelines and transmission facilities; and (ix)
terminals which are associated with any of the
foregoing.]
(6) The term ``energy facilities''--
(A) means any equipment or facility which is
or will be used primarily--
(i) in the exploration for, or the
development, production, conversion,
storage, transfer, processing, or
transportation of, any energy or
renewable energy resource; or
(ii) for the manufacture, production,
or assembly of equipment, machinery,
products, or devices which are involved
in any activity described in clause
(i); and
(B) includes--
(i) electric generating plants;
(ii) petroleum refineries and
associated facilities;
(iii) gasification plants;
(iv) facilities used for the
transportation, conversion, treatment,
transfer, or storage of liquefied
natural gas;
(v) uranium enrichment or nuclear
fuel processing facilities;
(vi) oil and gas facilities,
including platforms, assembly plants,
storage depots, tank farms, crew and
supply bases, and refining complexes;
(vii) facilities including deepwater
ports, for the transfer of petroleum;
(viii) facilities for the production,
transportation, transfer, or storage of
renewable energy;
(ix) pipelines and transmission
facilities; and
(x) terminals which are associated
with any of the foregoing.
[(6a)](7) [The]The term ``enforceable policy'' means
State policies which are legally binding through
constitutional provisions, laws, regulations, land use
plans, ordinances, or judicial or administrative
decisions, by which a State exerts control over private
and public [land and water uses] land uses and water
uses and natural resources in the coastal zone.
[(7)](8) The term ``estuary'' means that part of a
river or stream or other body of water having
unimpaired connection with the open sea, where the sea
water is measurably diluted with fresh water derived
[from land drainage] from land drainage, or where there
is tidal influence without regard to salinity. The term
includes estuary-type areas of the Great Lakes.
[(8)](9) The term ``estuarine sanctuary'' means a
research area which may include any part or all of an
estuary and any island, transitional area, and upland
in, adjoining, or adjacent to such estuary, and which
constitutes to the extent feasible a natural unit, set
aside to provide scientists and students the
opportunity to examine over a period of time the
ecological relationships within the area.
[(9)](10) The term ``Fund'' means the Coastal Zone
Management Fund established under section 308(b).
[(10)](11) The term ``land use'' means activities
which are conducted in, or on the shorelands within,
the coastal zone, subject to the requirements outlined
in section 307(g).
[(11)](12) The term ``local government'' means any
political subdivison of, or any special entity created
by, any coastal state which (in whole or part) is
located in, or has authority over, such [state's]
State's coastal zone and which (A) has authority to
levy taxes, or to establish and collect user fees, or
(B) provides any public facility or public service
which is financed in whole or part by taxes or user
fees. The term includes, but is not limited to, any
school district, fire district, transportation
authority, and any other special purpose district or
authority.
[(12)](13) The term ``management program'' includes,
but is not limited to, a comprehensive statement in
words, maps, illustrations, or other media of
communication, prepared and adopted by the [state]
State in accordance with the provisions of this title,
setting forth objectives, policies, and standards to
guide public and private uses of lands and waters in
the coastal zone.
[(13)](14) The term ``outer Continental Shelf energy
activity'' means any exploration for, or any
development or production of, oil or natural gas from
the outer Continental Shelf (as defined in section 2(a)
of the Outer Continental Shelf Lands Act (43 U.S.C.
1331(a))), or the siting, construction, expansion, or
operation of any new or expanded energy facilities
directly required by such exploration, development, or
production.
[(14)](15) The term ``person'' means any individual;
any corporation, partnership, association, or other
entity organized or existing under the laws of any
[state] State; the Federal Government; any state,
regional, or local government; or any entity of any
such Federal, [state] State, regional, or local
government.
[(15)](16) The term ``public facilities and public
services'' means facilities or services which are
financed, in whole or in part, by any [state] State or
political subdivision thereof, including, but not
limited to, highways and secondary roads, parking, mass
transit, docks, navigation aids, fire and police
protection, water supply, waste collection and
treatment (including drainage), schools and education,
and hospitals and health care. Such term may also
include any other facility or service so financed which
the Secretary finds will support increased population.
(17) The term ``renewable energy'' means any energy
that has recently originated from the sun, including
direct and indirect solar radiation and intermediate
solar energy forms, such as wind, ocean thermal
gradients, ocean currents and waves, hydropower,
photovoltaic energy, products of photosynthetic
processes, organic wastes, and others.
[(16)](18) The term ``Secretary'' means the Secretary
of Commerce.
[(17)](19) The term ``special area management plan''
means a comprehensive plan providing for natural
resource protection and reasonable coastal-dependent
economic growth containing a detailed and comprehensive
statement of policies; standards and criteria to guide
public and private uses of lands and waters; and
mechanisms for timely implementation in specific
geographic areas within the coastal zone.
[(18)](20) The term ``water use'' means a use,
activity, or project conducted in or on waters within
the coastal zone.
(21) The term ``working waterfront'' means waterfront
lands, waterfront infrastructure, and waterways that
are used for a water-dependent commercial activity.
SEC. 306. ADMINISTRATIVE GRANTS.
[16 U.S.C. 1455]
* * * * * * *
(d) Mandatory Adoption of State Management Program for
Coastal Zone.--Before approving a management program submitted
by a coastal state, the Secretary shall find the following:
(1) The State has developed and adopted a management
program for its coastal zone in accordance with rules
and regulations promulgated by the Secretary, after
notice, and with the opportunity of full participation
by relevant Federal agencies, State agencies, local
governments, regional organizations, port authorities,
and other interested parties and individuals, public
and private, which is adequate to carry out the
purposes of this title and is consistent with the
policy declared in section 303.
(2) The management program includes each of the
following required program elements:
(A) An identification of the boundaries of
the coastal zone subject to the management
program.
(B) A definition of what shall constitute
permissible land uses and water users within
the coastal zone which have a direct and
significant impact on the coastal waters.
(C) An inventory and designation of areas of
particular concern within the coastal zone.
(D) An identification of the means by which
the State proposes to exert control over the
land uses and water uses referred to in
subparagraph (B), including a list of relevant
State constitutional provisions, laws,
regulations, and judicial decisions.
(E) Broad guidelines on priorities of uses in
particular areas, including specifically those
uses of lowest priority.
(F) A description of the organizational
structure proposed to implement such management
program, including the responsibilities and
interrelationships of local, areawide, State,
regional, and interstate agencies in the
management process.
(G) A definition of the term "beach" and a
planning process for the protection of, and
access to, public beaches and other public
coastal areas of environmental, recreational,
historical, esthetic, ecological, or cultural
value.
(H) A planning process for energy facilities
likely to be located in, or which may
significantly affect, the coastal zone,
including a process for anticipating the
management of the impacts resulting from such
facilities.
(I) A planning process for assessing the
effects of, and studying and evaluating ways to
control, or lessen the impact of, shoreline
erosion, and to restore areas adversely
affected by such erosion.
(3) The State has--
(A) coordinated its program with local,
areawide, and interstate plans applicable to
areas within the coastal zone--
(i) existing on January 1 of the year
in which the State's management program
is submitted to the Secretary; and
(ii) which have been developed by a
local government, an areawide agency, a
regional agency, or an interstate
agency; and
(B) established an effective mechanism for
continuing consultation and coordination
between the management agency designated
pursuant to paragraph (6) and with local
governments, interstate agencies, regional
agencies, and areawide agencies within the
coastal zone to assure the full participation
of those local governments and agencies in
carrying out the purposes of this title; except
that the Secretary shall not find any mechanism
to be effective for purposes of this
subparagraph unless it requires that--
(i) the management agency, before
implementing any management program
decision which would conflict with any
local zoning ordinance, decision, or
other action, shall send a notice of
the management program decision to any
local government whose zoning authority
is affected;
(ii) within the 30-day period
commencing on the date of receipt of
that notice, the local government may
submit to the management agency written
comments on the management program
decision, and any recommendation for
alternatives; and
(iii) the management agency, if any
comments are submitted to it within the
30-day period by any local government--
(I) shall consider the
comments;
(II) may, in its discretion,
hold a public hearing on the
comments; and
(III) may not take any action
within the 30-day period to
implement the management
program decision.
(4) The State has held public hearings in the
development of the management program.
(5) The management program and any changes thereto
have been reviewed and approved by the Governor of the
State.
(6) The Governor of the State has designated a single
State agency to receive and administer grants for
implementing the management program.
(7) The State is organized to implement the
management program.
(8) The management program provides for adequate
consideration of the national interest involved in
planning for, and managing the coastal zone, including
the siting of facilities such as energy facilities
which are of greater than local significance. In the
case of energy facilities, the Secretary shall find
that the State has given consideration to any
applicable national or interstate energy plan or
program.
(9) The management program includes procedures
whereby specific areas may be designated for the
purpose of preserving or restoring them for their
conservation, recreational ecological, historical, or
esthetic values.
(10) The State, acting through its chosen agency or
agencies (including local governments, areawide
agencies, regional agencies, or interstate agencies)
has authority for the management of the coastal zone in
accordance with the management program. Such authority
shall include power--
(A) to administer land use and water use
regulations to control development, to ensure
compliance with the management program, and to
resolve conflicts among competing uses; and
(B) to acquire fee simple and less than fee
simple interests in land, waters, and other
property through condemnation or other means
when necessary to achieve conformance with the
management program.
(11) The management program provides for any one or a
combination of the following general techniques for
control of land uses and water uses within the coastal
zone:
(A) State establishment of criteria and
standards for local implementation, subject to
administrative review and enforcement.
(B) Direct State land and water use planning
and regulation.
(C) State administrative review for
consistency with the management program of all
development plans, projects, or land and water
use regulations, including exceptions and
variances thereto, proposed by any State or
local authority or private developer, with
power to approve or disapprove after public
notice and an opportunity for hearings.
(12) The management program contains a method of
assuring that local land use and water use regulations
within the coastal zone do not unreasonably restrict or
exclude land uses and water uses of regional benefit.
(13) The management program provides for--
(A) the inventory and designation of areas
that contain one or more coastal resources of
national significance; and
(B) specific and enforceable standards to
protect such resources.
(14) The management program provides for public
participation in permitting processes, consistency
determinations, and other similar decisions.
(15) The management program provides a mechanism to
ensure that all State agencies will adhere to the
program.
(16) The management program contains enforceable
policies and mechanisms to implement the applicable
requirements of the Coastal Nonpoint Pollution Control
Program of the State required by section 6217 of the
Coastal Zone Act Reauthorization Amendments of 1990.
* * * * * * *
SEC. 306A. COASTAL RESOURCE IMPROVEMENT PROGRAM.
[16 U.S.C. 1455a]
(a) Definitions.--For purposes of this section--
(1) The term ``eligible coastal state'' means a
coastal state that for any fiscal year for which a
grant is applied for under this section--
(A) has a management program approved under
section 306; and
(B) in the judgment of the Secretary, is
making satisfactory progress in activities
designed to result in significant improvement
in achieving the coastal management objectives
specified in section 303(2)(A) through (K).
(2) The term ``urban waterfront and port'' means any
developed area that is densely populated and is being
used for, or has been used for, urban residential
recreational, commercial, shipping or industrial
purposes.
(b) Resource Management Improvement Grants.--The Secretary
may make grants to any eligible coastal state to assist that
[state in] State in meeting one or more of the following
objectives:
(1) The preservation or restoration of specific areas
of [the state] the State that (A) are designated under
the management program procedures required by section
306(d)(9) because of their conservation recreational,
ecological, or esthetic values, or (B) contain one or
more coastal resources of national significance, or for
the purpose of restoring and enhancing shellfish
production by the purchase and distribution of [clutch]
cultch material on publicly owned reef tracts.
(2) The redevelopment of deteriorating and
underutilized urban waterfronts and ports that are
designated in the [state's] State's management program
pursuant to section 306(d)(2)(C) as areas of particular
concern.
(3) The provision of access to public beaches and
other public coastal areas and to coastal waters in
accordance with the planning process required under
section 306(d)(2)(G).
(4) The development of a coordinated process among
State agencies to regulate and issue permits for
aquaculture facilities in the coastal zone.
(5) The preservation or redevelopment of working
waterfronts in the coastal zone.
(c) Uses, Terms and Conditions of Grants.--
(1) Each grant made by the Secretary under this
section shall be subject to such terms and conditions
as may be appropriate to ensure that the grant is used
for purposes consistent with this section.
(2) Grants made under this section may be used for--
(A) the acquisition of fee simple and other
interests in land;
(B) low-cost construction projects determined
by the Secretary to be consistent with the
purposes of this section, including but not
limited to, paths, walkways, fences, parks, and
the rehabilitation of historic buildings and
structures; except that not more than 50 per
centum of any grant made under this section may
be used for such construction projects;
(C) in the case of grants made for objectives
described in subsection (b)(2)--
(i) the rehabilitation or acquisition
of piers to provide increased public
use, including compatible commercial
activity,
(ii) the establishment of shoreline
stabilization measures including the
installation or rehabilitation of
bulkheads for the purpose of public
safety or increasing public access and
use, and
(iii) the removal or replacement of
pilings where such action will provide
increased recreational use of urban
waterfront areas,
but activities provided for under this paragraph
shall not be treated as construction projects subject
to the limitations in paragraph (B);
(D) engineering designs, specifications, and
other appropriate reports; and
(E) educational, interpretive, and management
costs and such other related costs as the
Secretary determines to be consistent with the
purposes of this section.
(d) State Matching Contributions; Ratio; Maximum Amount of
Grants.--
(1) The Secretary may make grants to any coastal
state for the purpose of carrying out the project or
purpose for which such grants are awarded, if [the
state] the State matches any such grant according to
the following ratios of Federal [to state] to State
contributions for the applicable fiscal year: 4 to 1
for fiscal year 1986; 2.3 to 1 for fiscal year 1987;
1.5 to 1 for fiscal year 1988; and 1 to 1 for each
fiscal year after fiscal year 1988.
(2) Grants provided under this section may be used to
pay a coastal state's share of costs required under any
other Federal program that is consistent with the
purposes of this section.
(3) The total amount of grants made under this
section to any eligible coastal state for any fiscal
year may not exceed an amount equal to 10 per centum of
the total amount appropriated to carry out this section
for such fiscal year.
(e) Allocation of Grants to Local Governments and Other
Agencies.--With the approval of the Secretary, an eligible
coastal state may allocate to a local government, an areawide
agency designated under section 204 of the Demonstration Cities
and Metropolitan Development Act of 1966, a regional agency, or
an interstate agency, a portion of any grant made under this
section for the purpose of carrying out this section; except
that such an allocation shall not relieve [that state] that
State of the responsibility for ensuring that any funds so
allocated are applied in furtherance of [the state's] the
State's approved management program.
(f) Other Technical and Financial Assistance.--In addition to
providing grants under this section, the Secretary shall assist
eligible coastal states and their local governments in
identifying and obtaining other sources of available Federal
technical and financial assistance regarding the objectives of
this section.
SEC. 307. COORDINATION AND COOPERATION.
[16 U.S.C. 1456]
(a) Federal Agencies.--In carrying out his functions and
responsibilities under this title, the Secretary shall consult
with, cooperate with, and, to the maximum extent practicable,
coordinate his activities with other interested Federal
agencies.
(b) Adequate Consideration of Views of Federal Agencies.--The
Secretary shall not approve the management program submitted by
a [state] State pursuant to section 306 unless the views of
Federal agencies principally affected by such program have been
adequately considered.
(c) Consistency of Federal Activities With State Management
Programs; Certification.--
(1)(A) Each Federal agency activity within or outside
the coastal zone that affects any land or water use or
natural resource of the coastal zone shall be carried
out in a manner which is consistent to the maximum
extent practicable with the enforceable policies of
approved State management programs. A Federal agency
activity shall be subject to this paragraph unless it
is subject to paragraph (2) or (3).
(B) After any final judgment, decree, or
order of any Federal court that is appealable
under section 1291 or 1292 of title 28, United
States Code, or under any other applicable
provision of Federal law, that a specific
Federal agency activity is not in compliance
with subparagraph (A), and certification by the
Secretary that mediation under subsection (h)
is not likely to result in such compliance, the
President may, upon written request from the
Secretary, exempt from compliance those
elements of the Federal agency activity that
are found by the Federal court to be
inconsistent with an approved State program, if
the President determines that the activity is
in the paramount interest of the United States.
No such exemption shall be granted on the basis
of a lack of appropriations unless the
President has specifically requested such
appropriations as part of the budgetary
process, and the Congress has failed to make
available the requested appropriations.
(C) Each Federal agency carrying out an
activity subject to paragraph (1) shall provide
a consistency determination to the relevant
State agency designated under section 306(d)(6)
at the earliest practicable time, but in no
case later than 90 days before final approval
of the Federal activity unless both the Federal
agency and the State agency agree to a
different schedule.
(2) Any Federal agency which shall undertake any
development project in the coastal zone of [a state] a
State shall insure that the project is, to the maximum
extent practicable, consistent with the enforceable
policies of approved state management programs.
(3)(A) After final approval by the Secretary of a
[state's] State's management program, any applicant for
a required Federal license or permit to conduct an
activity, in or outside of the coastal zone, affecting
any land or water use or natural resource of the
coastal zone of [that state] that State shall provide
in the application to the licensing or permitting
agency a certification that the proposed activity
complies with the enforceable policies of the [state's]
State's approved program and that such activity will be
conducted in a manner consistent with the program. At
the same time, the applicant shall furnish to [the
state] the State or its designated agency a copy of the
certification, with all necessary information and data.
Each coastal state shall establish procedures for
public notice in the case of all such certifications
and, to the extent it deems appropriate, procedures for
public hearings in connection therewith. At the
earliest practicable time, [the state] the State of its
designated agency shall notify the Federal agency
concerned that [the state] the State concurs with or
objects to the applicant's certification. If [the
state] the State or its designated agency fails to
furnish the required notification within six months
after receipt of its copy of the applicant's
certification, the [state's] State's concurrence with
the certification shall be conclusively presumed. No
license or permit shall be granted by the Federal
agency until [the state] the State or its designated
agency has concurred with the applicant's certification
or until, by the [state's] State's failure to act, the
concurrence is conclusively presumed, unless the
Secretary, on his own initiative or upon appeal by the
applicant, finds, after providing a reasonable
opportunity for detailed comments from the Federal
agency involved and from [the state] the State, that
the activity is consistent with the objectives of this
title or is otherwise necessary in the interest of
national security.
(B) After the management program of any
coastal state has been approved by the
Secretary under section 306, any person who
submits to the Secretary of the Interior any
plan for the exploration or development of, or
production from, any area which has been leased
under the Outer Continental Shelf Lands Act (43
U.S.C. 1331 et seq.) and regulations under such
Act shall, with respect to any exploration,
development, or production described in such
plan and affecting any land or water use or
natural resource of the coastal zone of [such
state] such State, attach to such plan a
certification that each activity which is
described in detail in such plan complies with
the enforceable policies of such [state's]
State's approved management program and will be
carried out in a manner consistent with such
program. No Federal official or agency shall
grant such person any license or permit for any
activity described in detail in such plan until
[such state] such State or its designated
agency receives a copy of such certification
and plan, together with any other necessary
data and information, and until--
(i) [such state] such State or its
designated agency, in accordance with
the procedures required to be
established by [such state] such State
pursuant to subparagraph (A), concurs
with such person's certification and
notifies the Secretary and the
Secretary of the Interior of such
concurrence;
(ii) concurrence by [such state] such
State with such certification is
conclusively presumed as provided for
in subparagraph (A), except if [such
state] such State fails to concur with
or object to such certification within
three months after receipt of its copy
of such certification and supporting
information, [such state] such State
shall provide the Secretary, the
appropriate [federal] Federal agency,
and such person with a written
statement describing the status of
review and the basis for further delay
in issuing a final decision, and if
such statement is not so provided,
concurrence by [such state] such State
with such certification shall be
conclusively presumed; or
(iii) the Secretary finds, pursuant
to subparagraph (A), that each activity
which is described in detail in such
plan is consistent with the objectives
of this title or is otherwise necessary
in the interest of national security.
If [a state] a state concurs or is conclusively
presumed to concur, or if the Secretary makes such a
finding, the provisions of subparagraph (A) are not
applicable with respect to such person, [such state]
such State, and any Federal license or permit which is
required to conduct any activity affecting land uses or
water uses in the coastal zone of [such state] such
State which is described in detail in the plan to which
such concurrence or finding applies. If [such state]
such State objects to such certification and if the
Secretary fails to make a finding under clause (iii)
with respect to such certification, or if such person
fails substantially to comply with such plan as
submitted, such person shall submit an amendment to
such plan, or a new plan, to the Secretary of the
Interior. With respect to any amendment or new plan
submitted to the Secretary of the Interior pursuant to
the preceding sentence, the applicable time period for
purposes of concurrence by conclusive presumption under
subparagraph (A) is 3 months.
(d) Applications of Local Governments for Federal Assistance;
Relationship of Activities With Approved Management Programs.--
State and local governments submitting applications for Federal
assistance under other Federal programs, in or outside of the
coastal zone, affecting any land or water use of natural
resource of the coastal zone shall indicate the views of the
appropriate [state]State or local agency as to the relationship
of such activities to the approved management program for the
coastal zone. Such applications shall be submitted and
coordinated in accordance with the provisions of title IV of
the Inter-governmental Coordination Act of 1968 (82 Stat.
1098). Federal agencies shall not approve proposed projects
that are inconsistent with the enforceable policies of a
coastal state's management program, except upon a finding by
the Secretary that such project is consistent with the purposes
of this title or necessary in the interest of national
security.
(e) Construction With Other Laws.--Nothing in this title
shall be construed--
(1) to diminish either Federal [or state] or State
jurisdiction, responsibility, or rights in the field of
planning, development, or control of water resources,
submerged lands, or navigable waters; nor to displace,
supersede, limit, or modify any interstate compact or
the jurisdiction or responsibility of any legally
established joint or common agency of two or [more
states] more States or of two or [more states] more
States and the Federal Government; nor to limit the
authority of Congress to authorize and fund projects;
(2) as superseding, modifying, or repealing existing
laws applicable to the various Federal agencies; nor to
affect the jurisdiction, powers, or prerogatives of the
International Joint Commission, United States and
Canada, the Permanent Engineering Board, and the United
States operating entity or entities established
pursuant to the Columbia River Basin Treaty, signed at
Washington, January 17, 1961, or the International
Boundary and Water Commission, United States and
Mexico.
(f) Construction With Existing Requirements of Water and Air
Pollution Programs.--Notwithstanding any other provision of
this title, nothing in this title shall in any way affect any
requirement (1) established by the Federal Water Pollution
Control Act, as amended, or the Clean Air Act, as amended, or
(2) established by the Federal Government or by [any state] any
State or local government pursuant to such Acts. Such
requirements shall be incorporated in any program developed
pursuant to this title and shall be the water pollution control
and air pollution control requirements applicable to such
program.
(g) Concurrence With Programs Which Affect Inland Areas.--
When [any state's] any State's coastal zone management program,
submitted for approval or proposed for modification pursuant to
section 306 of this title, includes requirements as to
shorelands which also would be subject to any Federally
supported national land use program which may be hereafter
enacted, the Secretary, prior to approving such program, shall
obtain the concurrence of the Secretary of the Interior, or
such other Federal official as may be designated to administer
the national land use program, with respect to that portion of
the coastal zone management program affecting such inland
areas.
[(h) Mediation of Disagreements.--In case of serious
disagreement between any Federal agency and a coastal state--
[(1) in the development or the initial implementation
of a management program under section 305; or
[(2) in the administration of a management program
approved under section 306;
[(1) the Secretary, with the cooperation of the
Executive Office of the President, shall seek to
mediate the differences involved in such disagreement.
The process of such mediation shall, with respect to
any disagreement described in paragraph (2), include
public hearings which shall be conducted in the local
area concerned.]
(h) Mediation of Disagreements.--
(1) In general.--The Secretary may mediate a serious
disagreement between any Federal agency and a coastal
state or between two or more willing coastal states--
(A) in the development or the initial
implementation of a management program under
section 305;
(B) in the administration of a management
program approved under section 305; or
(C) in coordination and cooperation under
this section.
(2) Cooperation.--The Secretary, with the cooperation
of the Executive Office of the President, shall seek to
mediate the differences involved in a disagreement
described in paragraph (1).
(3) Public hearings.--Mediation under this subsection
shall, with respect to any disagreement described in
paragraph (1)(B), include public hearings in the local
area concerned.
(i) Federal Fee.--
(1) With respect to appeals under subsections (c)(3)
and (d) which are submitted after the date of the
enactment of the Coastal Zone Act Reauthorization
Amendments of 1990, the Secretary shall collect an
application fee of not less than $200 for minor appeals
and not less than $500 for major appeals, unless the
Secretary, upon consideration of an applicant's request
for a fee waiver, determines that the applicant is
unable to pay the fee.
(2)(A) The Secretary shall collect such other fees as
are necessary to recover the full costs of
administering and processing such appeals under
subsection (c).
(B) If the Secretary waives the application
fee under paragraph (1) for an applicant, the
Secretary shall waive all other fees under this
subsection for the applicant.
(3) Fees collected under this subsection shall be
deposited into the Coastal Zone Management Fund
established under section 308.
(j) Interstate and Regional Coordination.--
(1) The coastal states are encouraged--
(A) to coordinate State coastal zone
planning, policies, and programs with respect
to contiguous areas, shared resources, and
interstate waters of such States;
(B) to study, plan, and implement unified
coastal zone policies with respect to such
areas; and
(C) to establish an effective mechanism, and
participate in mediation under subsection (h),
to identify, examine, and cooperatively resolve
mutual problems with respect to the marine and
coastal areas which affect, directly or
indirectly, the coastal zone.
(2) Subject to paragraph (3), the coastal zone
activities described in this subsection may be
conducted pursuant to interstate or regional agreements
or compacts.
(3) Two or more coastal states may negotiate and
enter into any interstate or regional agreement or
compact to do the following unless the agreement or
compact conflicts with any law or treaty of the United
States:
(A) To develop and administer coordinated
coastal zone planning, policies, programs, and
dispute resolution.
(B) To establish executive instrumentalities
or agencies that such States consider necessary
for the effective implementation of an
agreement or compact under this subsection.
(4) An agreement or compact under paragraph (3) shall
be binding and obligatory upon any State or party
thereto without further approval by Congress.
SEC. 307A. AUTHORIZATION OF THE COASTAL AND ESTUARINE LAND CONSERVATION
PROGRAM.
[16 U.S.C. 1456-1]
* * * * * * *
(f) Matching Requirements.--
(1) In general.--The Secretary may not make a grant
under the program unless the Federal funds are matched
by non-Federal funds in accordance with this
subsection.
(2) Cost share requirement.--
(A) In general.--Grant funds under the
program shall require a 100 percent match from
other non-Federal sources.
(B) Waiver of requirement.--The Secretary may
grant a waiver of subparagraph (A) for
underserved communities, communities that have
an inability to draw on other sources of
funding because of the small population or low
income of the community, or for other reasons
the Secretary deems appropriate and consistent
with the purposes of the program.
(3) Other federal funds.--Where financial assistance
awarded under this section represents only a portion of
the total cost of a project, funding from other Federal
sources may be applied to the cost of the project. Each
portion shall be subject to match requirements under
the applicable provision of law.
(4) Source of matching cost share.--For purposes of
paragraph (2)(A), the non-Federal cost share for a
project may be determined by taking into account the
following:
(A) The value of land or a conservation
easement may be used by a project applicant as
non-Federal match, if the Secretary determines
that--
(i) the land meets the criteria set
forth in [section 2(b)] subsection (b)
and is acquired in the period beginning
3 years before the date of the
submission of the grant application and
ending 3 years after the date of the
award of the grant;
(ii) the value of the land or
easement is held by a non-governmental
organization included in the grant
application in perpetuity for
conservation purposes of the program;
and
(iii) the land or easement is
connected either physically or through
a conservation planning process to the
land or easement that would be
acquired.
(B) The appraised value of the land or
conservation easement at the time of the grant
closing will be considered and applied as the
non-Federal cost share.
(C) Costs associated with land acquisition,
land management planning, remediation,
restoration, and enhancement may be used as
non- Federal match if the activities are
identified in the plan and expenses are
incurred within the period of the grant award,
or, for lands described [in (A)] in
subparagraph (A), within the same time limits
described therein. These costs may include
either cash or in-kind contributions.
* * * * * * *
SEC. 309. COASTAL ZONE ENHANCEMENT GRANTS.
[16 U.S.C. 1456b]
(a) ``Coastal Zone Enhancement Objective'' Defined.--For
purposes of this section, the term ``coastal zone enhancement
objective'' means any of the following objectives:
[(1) Protection, restoration, or enhancement of the
existing coastal wetlands base, or creation of new
coastal wetlands.]
(1) Protection, restoration, or enhancement of
existing coastal wetlands, seagrass beds, coral reefs,
oyster habitat, and marine habitat, or creation of new
coastal wetlands.
[(2) Preventing or significantly reducing threats to
life and destruction of property by eliminating
development and redevelopment in high-hazard areas,
managing development in other hazard areas, and
anticipating and managing the effects of potential sea
level rise and Great Lakes level rise.]
(2) Increasing coastal resilience and preventing or
reducing loss of life and property by limiting
development and redevelopment in high-hazard areas,
using natural and restoration approaches to reduce
flood risk, or anticipating and managing the effects of
potential sea level rise and Great Lakes level change.
(3) Attaining increased opportunities for public
access, taking into account current and future public
access needs, to coastal areas of recreational,
historical, aesthetic, ecological, or cultural value.
(4) Reducing marine debris entering the Nation's
coastal and ocean environment by managing uses and
activities that contribute to the entry of such debris.
(5) Development and adoption of procedures to assess,
consider, and control cumulative and secondary impacts
of coastal growth and development, including the
collective effect on various individual uses or
activities on coastal resources, such as coastal
wetlands and fishery resources.
(6) Preparing and implementing special area
management plans for important coastal areas.
[(7) Planning for the use of ocean resources.]
(7) Planning for the use of ocean and Great Lakes
resources.
(8) Adoption of procedures and enforceable policies
to help facilitate the siting of energy facilities and
Government facilities and energy-related activities and
Government activities which may be of greater than
local significance.
(9) Adoption of procedures and policies to evaluate
and facilitate the siting of public and private
aquaculture facilities in the coastal zone, which will
enable States to formulate, administer, and implement
strategic plans for marine aquaculture.
(10) Interstate water resource and coastal management
planning to facilitate healthy and resilient coastal
natural resources, land uses, and water uses, and to
resolve water management conflict.
(11) Identification and adoption of procedures and
enforceable policies to ensure sufficient response
capabilities at the State level to address the
environmental, economic, and social impacts of oil
spills or other accidents resulting from Outer
Continental Shelf energy activities with the potential
to affect land or water use or natural resources of the
coastal zone.
(12) The development of a coordinated process to
maximize the efficiency of processing permits related
to activities in the coastal zone.
(b) Limits on Grants.--
(1) Subject to the limitations and goals established
in this section, the Secretary may make grants to
coastal states to provide funding for development and
submission for Federal approval of program changes that
support attainment of one or more coastal zone
enhancement objectives.
(2)(A) In addition to any amounts provided under
section 306, and subject to the availability of
appropriations, the Secretary may make grants under
this subsection to States for implementing program
changes approved by the Secretary in accordance with
section 306(e).
(B) Grants under this paragraph to implement
a program change may not be made in any fiscal
year after the second fiscal year that begins
after the approval of that change by the
Secretary.
(c) Evaluation of State Proposals by Secretary.--The
Secretary shall evaluate and rank State proposals for funding
under this section, and make funding awards based on those
proposals, taking into account the criteria established by the
Secretary under subsection (d). The Secretary shall ensure that
funding decisions under this section take into consideration
the fiscal and technical needs of proposing States [and the
overall merit of each proposal in terms of benefits to the
public] and are consistent with the rules and regulations
promulgated under section 306.
* * * * * * *
SEC. 312. REVIEW OF PERFORMANCE.
[16 U.S.C. 1458]
(a) Evaluation of Adherence With Terms of Grants.--The
Secretary shall conduct a continuing review of the performance
of coastal states with respect to coastal management. Each
review shall include a written evaluation with an assessment
and detailed findings concerning the extent to which [the
state] the State has implemented and enforced the program
approved by the Secretary, addressed the coastal management
needs identified in section 303(2)(A) through (K), and adhered
to the terms of any grant, loan, or cooperative agreement
funded under this title.
* * * * * * *
(e) Notice and Hearing.--Management program approval and
financial assistance may not be withdrawn under subsection (d),
unless the Secretary gives the coastal state notice of the
proposed withdrawal and an opportunity for a public hearing on
the proposed action. Upon the withdrawal of management program
approval under this subsection (d), the Secretary shall provide
the coastal state with written specifications of the actions
that should be taken, or not engaged in, by [the state] the
State in order that such withdrawal may be canceled by the
Secretary.
SEC. 315. NATIONAL ESTUARINE RESEARCH RESERVE SYSTEM.
[16 U.S.C. 1461]
* * * * * * *
(d) Promotion and Coordination of Estuarine Research.--The
Secretary shall take such action as is necessary to promote and
coordinate the use of the System for research purposes
including--
(1) requiring that the National Oceanic and
Atmospheric Administration, in conducting or supporting
estuarine research, give priority consideration to
research that uses the System; [and]
(2) consulting with other Federal and State agencies
to promote use of one or more reserves within the
System by such agencies when conducting estuarine
research[.]; and
(3) promoting the use of areas that comprise the
System for research by line offices of the
Administration, such as the Office of Oceanic and
Atmospheric Research, the National Ocean Service, and
the National Marine Fisheries Service of the National
Oceanic and Atmospheric Administration.
(e) Financial Assistance.--
(1) The Secretary may, in accordance with such rules
and regulations as the Secretary shall promulgate, make
grants--
(A) to a coastal state--
(i) for purposes of acquiring such
lands and waters, and any property
interests therein, as are necessary to
ensure the appropriate long-term
management of an area as a national
estuarine reserve,
(ii) for purposes of operating or
managing a national estuarine reserve
and constructing appropriate reserve
facilities, or
(iii) for purposes of conducting
educational or interpretive activities;
and
(B) to any coastal state or public or private
person for purposes of supporting research and
monitoring within a national estuarine reserve
that are consistent with the research
guidelines developed under subsection (c).
(2) Financial assistance provided under paragraph (1)
shall be subject to such terms and conditions as the
Secretary considers necessary or appropriate to protect
the interests of the United States, including requiring
coastal states to execute suitable title documents
setting forth the property interest or interests of the
United States in any lands and waters acquired in whole
or part with such financial assistance.
(3)(A) The amount of the financial assistance
provided under paragraph (1)(A)(i) with respect to the
acquisition of lands and waters, or interests therein,
for any one national estuarine reserve may not exceed
an amount equal to 50 percent of the costs of the
lands, waters, and interests therein or $5,000,000,
whichever amount is less.
(B) The amount of the financial assistance
provided under paragraph (1)(A) (ii) and (iii)
and paragraph (1)(B) may not exceed 70 percent
of the costs incurred to achieve the purposes
described in those paragraphs with respect to a
reserve; except that the amount of the
financial assistance provided under paragraph
(1)(A)(iii) may be up to 100 percent of any
costs for activities that benefit the entire
System.
(C) Notwithstanding subparagraphs (A) and
(B), financial assistance under this subsection
provided from amounts recovered as a result of
damage to natural resources located in the
coastal zone may be used to pay 100 percent of
the costs of activities carried out with the
assistance.
(f) Evaluation of System Performance.--
(1) The Secretary shall periodically evaluate the
operation and management of each national estuarine
reserve, including education and interpretive
activities, and the research being conducted within the
reserve.
(2) If evaluation under paragraph (1) reveals that
the operation and management of the reserve is
deficient, or that the research being conducted within
the reserve is not consistent with the research
guidelines developed under subsection (c), the
Secretary may suspend the eligibility of that reserve
for financial assistance under subsection (e) until the
deficiency or inconsistency is remedied.
(3) The Secretary may withdraw the designation of an
estuarine area as a national estuarine reserve if
evaluation under paragraph (1) reveals that--
(A) the basis for any one or more of the
findings made under subsection (b)(2) regarding
that area no longer exists; or
(B) a substantial portion of the research
conducted within the area, over a period of
years, has not been consistent with the
research guidelines developed under subsection
(c).
(4) In conducting an evaluation under paragraph (1), the
Secretary shall--
(A) consult with representatives of the Office of
Oceanic and Atmospheric Research, the National Ocean
Service, and the National Marine Fisheries Service of
the National Oceanic and Atmospheric Administration,
appropriate industries, non-governmental organizations,
universities, and other Federal, State, and local
partners to assess opportunities to better integrate
research and habitat management;
(B) leverage existing programs; and
(C) efficiently use existing funds and capitalize on
local and regional capacity that can assist in meeting
stakeholder needs for science-based information.
(g) Report.--The Secretary shall include in the report
required under section 316 information regarding--
(1) new designations of national estuarine reserves;
(2) any expansion of existing national estuarine
reserves;
(3) the status of the research program being
conducted within the System; [and]
(4) a summary of the evaluations made under
subsection (f)[.]; and
(5) a summary of the consultation in subsection
(f)(4).
SEC. 316. COASTAL ZONE MANAGEMENT REPORTS.
[16 U.S.C. 1462]
[(a) Biennial Reports.--The Secretary shall consult with the
Congress on a regular basis concerning the administration of
this title and shall prepare and submit to the President for
transmittal to the Congress a report summarizing the
administration of this title during each period of two
consecutive fiscal years. Each report, which shall be
transmitted to the Congress not later than April 1 of the year
following the close of the biennial period to which it
pertains, shall include, but not be restricted to (1) an
identification of the state programs approved pursuant to this
title during the preceding Federal fiscal year and a
description of those programs; (2) a listing of the states
participating in the provisions of this title and a description
of the status of each state's programs and its accomplishments
during the preceding Federal fiscal year; (3) an itemization of
the allocation of funds to the various coastal states and a
breakdown of the major projects and areas on which these funds
were expended; (4) an identification of any state programs
which have been reviewed and disapproved, and a statement of
the reasons for such action; (5) a summary of evaluation
findings prepared in accordance with subsection (a) of section
312, and a description of any sanctions imposed under
subsections (c) and (d) of section 312; (6) a listing of all
activities and projects which, pursuant to the provisions of
subsection (c) or subsection (d) of section 307, are not
consistent with an applicable approved state management
program; (7) a summary of the regulations issued by the
Secretary or in effect during the preceding Federal fiscal
year; (8) a summary of a coordinated national strategy and
program for the Nation's coastal zone including identification
and discussion of Federal, regional, state, and local
responsibilities and functions therein; (9) a summary of
outstanding problems arising in the administration of this
title in order of priority; (10) a description of the economic,
environmental, and social consequences of energy activity
affecting the coastal zone and an evaluation of the
effectiveness of financial assistance under section 308 in
dealing with such consequences; (11) a description and
evaluation of applicable interstate and regional planning and
coordination mechanisms developed by the coastal states; (12) a
summary and evaluation of the research, studies, and training
conducted in support of coastal zone management; and (13) such
other information as may be appropriate.]
(a) Reports.--
(1) In general.--The Secretary shall--
(A) consult with Congress on a regular basis
concerning the administration of this title;
and
(B) submit to Congress a report summarizing
the administration of this title during each
period of 5 consecutive fiscal years.
(2) Contents.--Each report under paragraph (1) shall
include--
(A) an identification of the State programs
approved under this title during the preceding
4 Federal fiscal years and a description of
those programs;
(B) a list of the States participating in the
provisions of this title and the status of each
State's programs and accomplishments during the
preceding 4 Federal fiscal years;
(C) an itemization of the allocation of funds
to the various coastal states and a breakdown
of the major projects and areas on which these
funds were expended;
(D) an identification of each State program
that was reviewed and disapproved, including
the reasons for the disapproval;
(E) a summary of evaluation findings prepared
in accordance with subsection (a) of section
312, and a description of any sanctions imposed
under subsections (c) and (d) of that section;
(F) a list of all activities and projects
which, under the provisions of subsection (c)
or subsection (d) of section 307, are not
consistent with an applicable approved State
management program;
(G) a summary of the regulations issued by
the Secretary or in effect during the preceding
4 Federal fiscal years;
(H) a summary of a coordinated national
strategy and program for the Nation's coastal
zone, including identification and discussion
of Federal, regional, State, and local
responsibilities and functions therein;
(I) a summary of outstanding problems arising
in the administration of this title in order of
priority;
(J) a description of the economic,
environmental, and social consequences of
energy activity affecting the coastal zone and
an evaluation of the effectiveness of financial
assistance under section 308 in dealing with
such consequences;
(K) a description and evaluation of
applicable interstate and regional planning and
coordination mechanisms developed by the
coastal states;
(L) a summary and evaluation of the research,
studies, and training conducted in support of
coastal zone management; and
(M) such other information as may be
appropriate.
(b) Recommendations for Legislation.--The report required by
subsection (a) shall contain such recommendations for
additional legislation as the Secretary [deems] considers
necessary to achieve the objectives of this title and enhance
its effective operation.
(c) Review of Other Federal Programs; Report to Congress.--
(1) The Secretary shall conduct a systematic review
of Federal programs, other than this title, that affect
coastal resources for purposes of identifying conflicts
between the objectives and administration of such
programs and the purposes and policies of this title.
Not later than 1 year after the date of the enactment
of this subsection, the Secretary shall notify each
Federal agency having appropriate jurisdiction of any
conflict between its program and the purposes and
policies of this title identified as a result of such
review.
(2) The Secretary shall promptly submit a report to
the Congress consisting of the information required
under paragraph (1) of this subsection. Such report
shall include recommendations for changes necessary to
resolve existing conflicts among Federal laws and
programs that affect the uses of coastal resources.
SEC. 317. RULES AND REGULATIONS.
[16 U.S.C. 1463]
The Secretary shall develop and promulgate, pursuant to
section 553 of title 5, United States Code, after notice and
opportunity for full participation by relevant Federal
agencies, [state agencies] State agencies, local governments,
regional organizations, port authorities, and other interested
parties, both public and private, such rules and regulations as
may be necessary to carry out the provisions of this title.
SEC. 318. AUTHORIZATION OF APPROPRIATIONS.
[16 U.S.C. 1464]
[(a) Sums Appropriated to Secretary.--There are authorized to
be appropriated to the Secretary, to remain available until
expended--
[(1) for grants under sections 306, 306A, and 309--
[(A) $47,600,000 for fiscal year 1997;
[(B) $49,000,000 for fiscal year 1998; and
[(C) $50,500,000 for fiscal year 1999; and
[(2) for grants under section 315--
[(A) $4,400,000 for fiscal year 1997;
[(B) $4,500,000 for fiscal year 1998; and
[(C) $4,600,000 for fiscal year 1999.]
(a) Sums Appropriated to Secretary.--There is authorized to
be appropriated to the Secretary, to remain available until
expended--
(1) for grants under sections 306, 306A, and 309,
$80,000,000 for each of fiscal years 2017 through 2021;
and
(2) for grants under section 315, $25,000,000 for
each of fiscal years 2017 through 2021.
* * * * * * *
FISH AND WILDLIFE COORDINATION ACT
[16 U.S.C. 661 et seq.]
SEC. 2. IMPOUNDING, DIVERTING, OR CONTROLLING OF WATERS.
[16 U.S.C. 662]
(a) Consultations Between Agencies.--Except as hereafter
stated in subsection (h) of this section, whenever the waters
of any stream or other body of water are proposed or authorized
to be impounded, diverted, the channel deepened, or the stream
or other body of water otherwise controlled or modified for any
purpose whatever, including navigation and drainage, by any
department or agency of the United States, or by any public or
private agency under Federal permit or license, such department
or agency first shall consult with the United States Fish and
Wildlife Service, Department of the [Interior, and with the]
Interior, National Oceanic and Atmospheric Administration,
Department of Commerce, the head of the agency exercising
administration over the wildlife resources of the particular
State wherein the impoundment, diversion, or other control
facility is to be constructed, and the head of any potentially
impacted coastal state (as defined in section 304 of the
Coastal Zone Management Act of 1972 (16 U.S.C. 1453), with a
view to the conservation of wildlife resources by preventing
loss of and damage to such resources as well as providing for
the development and improvement thereof in connection with such
water-resource development.
* * * * * * *
SEC. 8. DEFINITIONS.
[16 U.S.C. 666b]
The terms ``wildlife'' and ``wildlife resources'' as used
herein include birds, fishes and fisheries (as those terms are
defined in section 3 of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1802)), mammals, and
all other classes of wild animals and all types of aquatic and
land vegetation upon which wildlife is dependent.
[all]