To amend the Coastal Zone Management Act.

January 29, 2003

Ms. SNOWE (for herself, Mr. KERRY, Mr. MCCAIN, and Mr. HOLLINGS) introduced the following bill; which was read the first time

January 30, 2003

Read the second time and placed on the calendar

To amend the Coastal Zone Management Act.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Coastal Zone Enhancement Reauthorization Act of 2003'.

SEC. 2. AMENDMENT OF COASTAL ZONE MANAGEMENT ACT.

Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.).

SEC. 3. FINDINGS.

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

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

(2) by inserting `ports,' in paragraph (3) (as so redesignated) after `fossil fuels,';

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

(4) by striking `therein,' in paragraph (4) (as so redesignated) and inserting `dependent on that habitat,';

(5) by striking `well-being' in paragraph (5) (as so redesignated) and inserting `quality of life';

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

`(11) Land and water uses in the coastal zone and coastal watersheds may significantly affect the quality of coastal waters and habitats, and efforts to control coastal water pollution from activities in these areas must be improved.'; and

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

`(14) There is a need to enhance cooperation and coordination among states and local communities, to encourage local community-based solutions that address the impacts and pressures on coastal resources and on public facilities and public service caused by continued coastal demands, and to increase state and local capacity to identify public infrastructure and open space needs and develop and implement plans which provide for sustainable growth, resource protection and community revitalization.'.

SEC. 4. POLICY.

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

(1) by striking `the states' in paragraph (2) and inserting `state and local governments';

(2) by striking `waters,' each place it appears in paragraph (2)(C) and inserting `waters and habitats,';

(3) by striking `agencies and state and wildlife agencies; and' in paragraph (2)(J) and inserting `and wildlife management; and';

(4) by inserting `other countries,' after `agencies,' in paragraph (5);

(5) by striking `and' at the end of paragraph (5);

(6) by striking `zone.' in paragraph (6) and inserting `zone;'; and

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

`(7) to create and use a National Estuarine Research Reserve System as a Federal, state, and community partnership to support and enhance coastal management and stewardship; and

`(8) to encourage the development, application, and transfer of innovative coastal and estuarine environmental technologies and techniques for the long-term conservation of coastal ecosystems.'.

SEC. 5. CHANGES IN DEFINITIONS.

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

(1) by striking `and the Trust Territories of the Pacific Islands,' in paragraph (4);

(2) by striking paragraph (8) and inserting the following:

`(8) The term `estuarine reserve' means a coastal protected area which may include any part or all of an estuary and any island, transitional area, and upland in, adjoining, or adjacent to the estuary, and which constitutes to the extent feasible a natural unit, established to provide long-term opportunities for conducting scientific studies and educational and training programs that improve the understanding, stewardship, and management of estuaries.'; and

(3) by adding at the end thereof the following:

`(19) The term `coastal nonpoint pollution control strategies and measures' means strategies and measures included as part of the coastal nonpoint pollution control program under section 6217 of the Coastal Zone Act Reauthorization Amendments of 1990 (16 U.S.C. 1455b).

`(20) The term `qualified local entity' means--

`(A) any local government;

`(B) any areawide agency referred to in section 204(a)(1) of the Demonstration Cities and Metropolitan Development Act of 1966 (42 U.S.C. 3334 (a)(1));

`(C) any regional agency;

`(D) any interstate agency;

`(E) any nonprofit organization; or

`(F) any reserve established under section 315.'.

SEC. 6. REAUTHORIZATION OF MANAGEMENT PROGRAM DEVELOPMENT GRANTS.

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

`SEC. 305. MANAGEMENT PROGRAM DEVELOPMENT GRANTS.

`(a) STATES WITHOUT PROGRAMS- In fiscal years 2004 and 2005, the Secretary may make a grant annually to any coastal state without an approved program if the coastal state demonstrates to the satisfaction of the Secretary that the grant will be used to develop a management program consistent with the requirements set forth in section 306. The amount of any such grant shall not exceed $200,000 in any fiscal year, and shall require State matching funds according to a 4-to-1 ratio of Federal-to-State contributions. After an initial grant is made to a coastal state under this subsection, no subsequent grant may be made to that coastal state under this subsection unless the Secretary finds that the coastal state is satisfactorily developing its management program. No coastal state is eligible to receive more than 4 grants under this subsection.

`(b) SUBMITTAL OF PROGRAM FOR APPROVAL- A coastal state that has completed the development of its management program shall submit the program to the Secretary for review and approval under section 306.'.

SEC. 7. ADMINISTRATIVE GRANTS.

(a) PURPOSES- Section 306(a) (16 U.S.C. 1455(a)) is amended by inserting `including developing and implementing coastal nonpoint pollution control program components,' after `program,'.

(b) EQUITABLE ALLOCATION OF FUNDING- Section 306(c) (16 U.S.C. 1455(c)) is amended by adding at the end thereof `In promoting equity, the Secretary shall consider the overall change in grant funding under this section from the preceding fiscal year and minimize the relative increases or decreases among all the eligible States. The Secretary shall ensure that each eligible State receives increased funding under this section in any fiscal year for which the total amount appropriated to carry out this section is greater than the total amount appropriated to carry out this section for the preceding fiscal year.

(c) ACQUISITION CRITERIA- Section 306(d)(10)(B) (16 U.S.C. 1455(d)(10)(B)) is amended by striking `less than fee simple' and inserting `other'.

SEC. 8. COASTAL RESOURCE IMPROVEMENT PROGRAM.

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

(1) by inserting `or other important coastal habitats' in subsection (b)(1)(A) after `306(d)(9)';

(2) by inserting `or historic' in subsection (b)(2) after `urban';

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

`(5) The coordination and implementation of approved coastal nonpoint pollution control plans.

`(6) The preservation, restoration, enhancement or creation of coastal habitats.';

(4) by striking `and' after the semicolon in subsection (c)(2)(D);

(5) by striking `section.' in subsection (c)(2)(E) and inserting `section;';

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

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

`(G) the coordination and implementation of approved coastal nonpoint pollution control plans.'; and

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

`(d) Source of Federal Grants; State Matching Contributions-

`(1) IN GENERAL- If a coastal state chooses to fund a project under this section, then--

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

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

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

`(2) USE OF FUNDS- Grants provided under this section may be used to pay a coastal state's share of costs required under any other Federal program that is consistent with the purposes of this section.

`(e) ALLOCATION OF GRANTS TO QUALIFIED LOCAL ENTITY- With the approval of the Secretary, the eligible coastal state may allocate to a qualified local entity a portion of any grant made under this section for the purpose of carrying out this section; except that such an allocation shall not relieve that state of the responsibility for ensuring that any funds so allocated are applied in furtherance of the state's approved management program.

`(f) ASSISTANCE- The Secretary shall assist eligible coastal states in identifying and obtaining from other Federal agencies technical and financial assistance in achieving the objectives set forth in subsection (b).'.

SEC. 9. COASTAL ZONE MANAGEMENT FUND.

(a) TREATMENT OF LOAN REPAYMENTS- Section 308(a)(2) (16 U.S.C. 1456a(a)(2)) is amended to read as follows:

`(2) Loan repayments made under this subsection--

`(A) shall be retained by the Secretary and deposited into the Coastal Zone Management Fund established under subsection (b); and

`(B) subject to amounts provided in Appropriations Acts, shall be available to the Secretary for purposes of this title and transferred to the Operations, Research, and Facilities account of the National Oceanic and Atmospheric Administration to offset the costs of implementing this title.'.

(b) USE OF AMOUNTS IN FUND- Section 308(b) (16 U.S.C. 1456a(b)) is amended by striking paragraphs (2) and (3) and inserting the following:

`(2) Subject to Appropriation Acts, amounts in the Fund shall be available to the Secretary to carry out the provisions of this Act.'.

SEC. 10. COASTAL ZONE ENHANCEMENT GRANTS.

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

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

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

(2) by inserting `and removal' after `entry' in subsection (a)(4);

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

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

`(10) Development and enhancement of coastal nonpoint pollution control program components, including the satisfaction of conditions placed on such programs as part of the Secretary's approval of the programs.

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

(5) by striking `proposals, taking into account the criteria established by the Secretary under subsection (d).' in subsection (c) and inserting `proposals.';

(6) by striking subsection (d) and redesignating subsection (e) as subsection (d);

(7) by striking `section, up to a maximum of $10,000,000 annually' in subsection (f) and inserting `section.'; and

(8) by redesignating subsections (f) and (g) as subsections (e) and (f), respectively.

SEC. 11. COASTAL COMMUNITY PROGRAM.

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

`SEC. 309A. COASTAL COMMUNITY PROGRAM.

`(a) COASTAL COMMUNITY GRANTS- The Secretary may make grants to any coastal state that is eligible under subsection (b)--

`(1) to assist coastal communities in assessing and managing growth, public infrastructure, and open space needs in order to provide for sustainable growth, resource protection and community revitalization;

`(2) to provide management-oriented research and technical assistance in developing and implementing community-based growth management and resource protection strategies in qualified local entities;

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

`(4) to assist in the adoption of plans, strategies, policies, or procedures to support local community-based environmentally-protective solutions to the impacts and pressures on coastal uses and resources caused by development and sprawl that will--

`(A) revitalize previously developed areas;

`(B) undertake conservation activities and projects in undeveloped and environmentally sensitive areas;

`(C) emphasize water-dependent uses; and

`(D) protect coastal waters and habitats; and

`(5) to assist coastal communities to coordinate and implement approved coastal nonpoint pollution control strategies and measures that reduce the causes and impacts of polluted runoff on coastal waters and habitats.'.

`(b) ELIGIBILITY- To be eligible for a grant under this section for a fiscal year, a coastal state shall--

`(1) have a management program approved under section 306; and

`(2) in the judgment of the Secretary, be making satisfactory progress in activities designed to result in significant improvement in achieving the coastal management objectives specified in section 303(2)(A) through (K).

`(c) Allocations; Source of Federal Grants; State Matching Contributions-

`(1) ALLOCATION- Grants under this section shall be allocated to coastal states as provided in section 306(c).

`(2) APPLICATION; MATCHING- If a coastal state chooses to fund a project under this section, then--

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

`(B) it shall match the amount of the grant under this section on the basis of a total contribution of section 306, 306A, and this section so that, in aggregate, the match is 1:1.

`(d) Allocation of Grants to Qualified Local Entity-

`(1) IN GENERAL- With the approval of the Secretary, the eligible coastal state may allocate to a qualified local entity amounts received by the state under this section.

`(2) ASSURANCES- A coastal state shall ensure that amounts allocated by the state under paragraph (1) are used by the qualified local entity in furtherance of the state's approved management program, specifically furtherance of the coastal management objectives specified in section 303(2).

`(e) ASSISTANCE- The Secretary shall assist eligible coastal states and qualified local entities in identifying and obtaining from other Federal agencies technical and financial assistance in achieving the objectives set forth in subsection (a).'.

SEC. 12. TECHNICAL ASSISTANCE.

Section 310(b) (16 U.S.C. 1456c(b)) is amended by adding at the end thereof the following:

`(4) The Secretary may conduct a program to develop and apply innovative coastal and estuarine environmental technology and methodology through a cooperative program. The Secretary may make extramural grants in carrying out the purpose of this subsection.'.

SEC. 13. PERFORMANCE REVIEW.

Section 312(a) (16 U.S.C. 1458(a)) is amended by inserting `coordinated with National Estuarine Research Reserves in the state' after `303(2)(A) through (K),'.

SEC. 14. WALTER B. JONES AWARDS.

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

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

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

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

`(2) research grants; and

`(3) public ceremonies to acknowledge such awards.';

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

(4) by striking subsection (e).

SEC. 15. NATIONAL ESTUARINE RESEARCH RESERVE SYSTEM.

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

(b) Section 315(b)(2)(C) (16 U.S.C. 1461(b)(2)(C)) is amended by striking `public education and interpretation; and'; and inserting `education, interpretation, training, and demonstration projects; and'.

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

(1) by striking `RESEARCH' in the subsection caption and inserting `Research, Education, and Resource Stewardship';

(2) by striking `conduct of research' and inserting `conduct of research, education, and resource stewardship';

(3) by striking `coordinated research' in paragraph (1) and inserting `coordinated research, education, and resource stewardship';

(4) by striking `research' before `principles' in paragraph (2);

(5) by striking `research programs' in paragraph (2) and inserting `research, education, and resource stewardship programs';

(6) by striking `research' before `methodologies' in paragraph (3);

(7) by striking `data,' in paragraph (3) and inserting `information,';

(8) by striking `research' before `results' in paragraph (3);

(9) by striking `research purposes;' in paragraph (3) and inserting `research, education, and resource stewardship purposes;';

(10) by striking `research efforts' in paragraph (4) and inserting `research, education, and resource stewardship efforts';

(11) by striking `research' in paragraph (5) and inserting `research, education, and resource stewardship'; and

(12) by striking `research' in the last sentence.

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

(1) by striking `ESTUARINE RESEARCH- ' in the subsection caption and inserting `Estuarine Research, Education, and Resource Stewardship- ';

(2) by striking `research purposes' and inserting `research, education, and resource stewardship purposes';

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

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

(4) by striking `research.' in paragraph (2) and inserting `research, education, and resource stewardship activities.'; and

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

`(3) establishing partnerships with other Federal and state estuarine management programs to coordinate and collaborate on estuarine research.'.

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

(1) by striking `reserve,' in paragraph (1)(A)(i) and inserting `reserve; and';

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

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

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

`(B) to any coastal state or public or private person for purposes of--

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

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

(5) by striking `therein or $5,000,000, whichever amount is less.' in paragraph (3)(A) and inserting `therein. Non-Federal costs associated with the purchase of any lands and waters, or interests therein, which are incorporated into the boundaries of a reserve up to 5 years after the costs are incurred, may be used to match the Federal share.';

(6) by striking `and (iii)' in paragraph (3)(B);

(7) by striking `paragraph (1)(A)(iii)' in paragraph (3)(B) and inserting `paragraph (1)(B)';

(8) by striking `entire System.' in paragraph (3)(B) and inserting `System as a whole.'; and

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

`(4) The Secretary may--

`(A) enter into cooperative agreements, financial agreements, grants, contracts, or other agreements with any nonprofit organization, authorizing the organization to solicit donations to carry out the purposes and policies of this section, other than general administration of reserves or the System and which are consistent with the purposes and policies of this section; and

`(B) accept donations of funds and services for use in carrying out the purposes and policies of this section, other than general administration of reserves or the System and which are consistent with the purposes and policies of this section.

Donations accepted under this section shall be considered as a gift or bequest to or for the use of the United States for the purpose of carrying out this section.'.

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

SEC. 16. COASTAL ZONE MANAGEMENT REPORTS.

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

(1) by striking `to the President for transmittal' in subsection (a);

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

(3) by inserting `education,' after the `studies,' in the provision designated as (12) in subsection (a);

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

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

(6) by striking `shall promptly' in subsection (c)(2) and inserting `shall, within 4 years after the date of enactment of the Coastal Zone Enhancement Reauthorization Act of 2003,'; and

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

SEC. 17. AUTHORIZATION OF APPROPRIATIONS.

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

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

`(1) for grants under sections 306, 306A, and 309--

`(A) $83,500,000 for fiscal year 2004;

`(B) $87,000,000 for fiscal year 2005;

`(C) $90,500,000 for fiscal year 2006;

`(D) $94,000,000 for fiscal year 2007; and

`(E) $97,500,000 for fiscal year 2008.

`(2) for grants under section 309A--

`(A) $27,000,000 for fiscal year 2004;

`(B) $28,000,000 for fiscal year 2005;

`(C) $29,000,000 for fiscal year 2006;

`(D) $30,000,000 for fiscal year 2007; and

`(E) $30,000,000 for fiscal year 2008.

of which $10,000,000, or 35 percent, whichever is less, shall be for purposes set forth in section 309A(a)(5);

`(3) for grants under section 315--

`(A) $13,000,000 for fiscal year 2004;

`(B) $14,000,000 for fiscal year 2005;

`(C) $15,000,000 for fiscal year 2006;

`(D) $16,000,000 for fiscal year 2007; and

`(E) $17,000,000 for fiscal year 2008.

`(4) for grants to fund construction projects at estuarine reserves designated under section 315, $12,000,000 for each of fiscal years 2004, 2005, 2006, 2007, and 2008; and

`(5) for costs associated with administering this title, $6,500,000 for fiscal year 2004 and such sums as are necessary for fiscal years 2005-2008.';

(2) by striking `306 or 309.' in subsection (b) and inserting `306.';

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

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

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

`(d) PURCHASE OF OTHERWISE UNAVAILABLE FEDERAL PRODUCTS AND SERVICES- Federal funds allocated under this title may be used by grantees to purchase Federal products and services not otherwise available.

`(e) RESTRICTION ON USE OF AMOUNTS FOR PROGRAM, ADMINISTRATIVE, OR OVERHEAD COSTS- Except for funds appropriated under subsection (a)(5), amounts appropriated under this section shall be available only for grants to states and shall not be available for other program, administrative, or overhead costs of the National Oceanic and Atmospheric Administration or the Department of Commerce.'.

SEC. 18. SENSE OF CONGRESS.

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

Calendar No. 6

To amend the Coastal Zone Management Act.

January 30, 2003

END