U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

1 

39—010 

" ! SENATE 109TH CONGRESS

1st Session 

REPORT

2004

109–137 

Calendar No. 211 

COASTAL ZONE ENHANCEMENT 

REAUTHORIZATION ACT OF 2005 

R E P O R T 

OF THE

COMMITTEE ON COMMERCE, SCIENCE, AND 

TRANSPORTATION 

ON

S. 360 

SEPTEMBER 15, 2005.—Ordered to be printed 


congress.#13
(II) 

SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION 

ONE HUNDRED NINTH CONGRESS

FIRST SESSION

TED STEVENS, Alaska, Chairman 

DANIEL K. INOUYE, Hawaii, Co-Chairman 

JOHN MCCAIN, Arizona 

CONRAD BURNS, Montana 

TRENT LOTT, Mississippi 

KAY BAILEY HUTCHISON, Texas 

OLYMPIA J. SNOWE, Maine 

GORDON H. SMITH, Oregon 

JOHN ENSIGN, Nevada 

GEORGE ALLEN, Virginia 

JOHN E. SUNUNU, New Hampshire 

JIM DEMINT, South Carolina 

DAVID VITTER, Louisiana 

JOHN D. ROCKEFELLER IV, West Virginia 

JOHN F. KERRY, Massachusetts 

BYRON L. DORGAN, North Dakota 

BARBARA BOXER, California 

BILL NELSON, Florida 

MARIA CANTWELL, Washington 

FRANK LAUTENBERG, New Jersey 

E. BENJAMIN NELSON, Nebraska 

MARK PRYOR, Arkansas 

LISA SUTHERLAND, Staff Director 

CHRISTINE DRAGER KURTH, Deputy Staff Director 

DAVID RUSSELL, Chief Counsel 

MARGARET CUMMISKY, Democratic Staff Director and Chief Counsel 

SAMUEL WHITEHORN, Democratic Deputy Staff Director and General Counsel 

Calendar No. 211 

109TH CONGRESS REPORT " ! SENATE 1st Session 109–137 

COASTAL ZONE ENHANCEMENT REAUTHORIZATION ACT 

OF 2005 

SEPTEMBER 15, 2005.—Ordered to be printed 

Mr. STEVENS, from the Committee on Commerce, Science, and 

Transportation, submitted the following 

R E P O R T 

[To accompany S. 360] 

The Committee on Commerce, Science, and Transportation, to 

which was referred the bill (S. 360) to amend the Coastal Zone 

Management Act, 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

S. 360, the Coastal Zone Enhancement Reauthorization Act of 

2005, as reported, would reauthorize the Coastal Zone Management Act (CZMA) of 1972. It would: streamline the processes under 

the CZMA for reviewing, approving, and appealing decisions on 

Federal actions in the coastal zone; establish new coastal community and nonpoint pollution reduction programs; authorize appropriations for fiscal years (FYs) 2006 through 2010; and make clarifying and technical changes throughout the Act. 

BACKGROUND AND NEEDS

The United States has more than 95,000 miles of coastline, and 

the coastal zone is home to over half the nation’s population. More 

than 3,600 people move to coastal areas each day, and an estimated 180 million people visit coastal areas annually. These tourists seek beaches, marinas, recreational fishing, and other coastal 

amenities, generating billions of dollars annually for coastal economies. At the same time, more than 360 seaports border the nation’s 

shores that collectively handle $700 billion in goods annually, and 

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this number is expected to double in the next two decades. Beyond 

urban and industrial areas, the coastline is also home to estuaries, 

sand dunes, salt marshes, and mangroves that serve as breeding 

and forage areas for fish, birds, and other animals as well as perform other functions such as natural water filtration and flood control. 

The urban, industrial, and ecological features of the coastline 

present challenges to coastal zone managers in the nation’s 30 

coastal States and 5 Territories, each of which has jurisdiction over 

the management and development of coastal lands and ocean resources within 3 nautical miles of its coastline (for historical reasons, the ocean waters of Texas, the west coast of Florida, and 

Puerto Rico extend to 9 nautical miles). Each State develops laws 

and regulations for addressing its own coastal management issues. 

Typically, States allow local-level planning bodies to make decisions on coastal land use planning, zoning, infrastructure development, access, recreation, resource development and conservation, 

and other coastal issues, yet the cumulative effects of these independent decisions have impacts that extend to regional and national levels. 

Certain coastal zone management issues have significant bearing 

on the national interest, especially regarding commerce, navigation, 

national security, power generation, and the use and protection of 

natural resources. Therefore, States should also consider the national interest when determining how and where to manage their 

coastal lands and resources, and Federal agencies need to work in 

partnership with State agencies to facilitate planning decisions 

that meet their common interest. To help meet these needs for 

coastal planning and management across the nation, Congress enacted the CZMA in 1972. 

The CZMA provides incentives to States to develop comprehensive programs to balance the many competing uses of coastal resources and meet the needs for the future growth of coastal communities. As a voluntary program, the framework of the CZMA enables participating States to address multiple societal, cultural, 

economic, and environmental objectives, while providing States 

with flexibility to prioritize management issues and utilize existing 

State regulatory programs. 

Once a State has finished writing its coastal management program plan, the State submits its plan to the National Oceanic and 

Atmospheric Administration’s (NOAA) National Ocean Service for 

approval. Once a State program has received Federal approval, 

subsequent Federal actions, including the issuance of Outer Continental Shelf leasing licenses and other permits, are required to be 

consistent with the federally-approved State coastal policies. This 

is frequently referred to as the Federal consistency requirement. It 

is considered a primary incentive for States to join the voluntary 

national coastal management program because it allows States to 

review and address the impacts of Federal Government actions on 

coastal uses and resources. 

The CZMA also provides financial assistance to States that have 

federally-approved coastal management programs through several 

grant programs. The four grant programs are Administration 

Grants (section 306), Resource Management Improvement Grants 

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(section 306A), Coastal Zone Management Fund (section 308), and 

Coastal Zone Enhancement Grant (section 309). 

To date, 34 of the 35 eligible coastal States (with the exception 

of Illinois) and U.S. territories have federally-approved plans. The 

approved plans cover 99.9 percent of the eligible coastline of the 

United States. 

Congress last reauthorized the CZMA in 1996 (Public Law 104- 

150). That reauthorization expired at the end of FY 1999. The U.S. 

Commission on Ocean Policy (Commission) recommended in its 

final report released in September, 2004, that this Act be reauthorized and strengthened. The Commission devoted significant attention to the issues that continue to challenge coastal zone managers 

around the nation, and its final report included several recommendations for improving coastal management. Overall, the 

Commission recommended increasing support to States for coastal 

plans and activities, improving regional coordination and assessment efforts, and increasing investment in coastal science, research, and technical support. Specifically related to the CZMA, the 

Commission recommended strengthening States’ coordination abilities, increasing Federal support for community development, expanding investment in coastal habitat work, and supporting State 

coastal resource assessments. 

The bill as reported is largely consistent with oral and written 

testimony provided to the Committee at its May 25, 2005, hearing 

on the implementation of the CZMA and issues related to its reauthorization, which was chaired by Senator Snowe. The Committee 

heard testimony from Dr. Thomas Kitsos of the National Oceanic 

and Atmospheric Administration, Dr. Walter Cruickshank of the 

U.S. Department of the Interior, Ms. Sarah W. Cooksey, representing the Coastal States Organization, Ms. Sarah Chasis of the 

Natural Resources Defense Council, Mr. Tom Fry, representing the 

National Ocean Industries Association, Dr. W. Donald Hudson, Jr., 

representing the Gulf of Maine Council on the Marine Environment, and Mr. Bill Jeffress of the Alaska Department of Natural 

Resources. 

At this hearing, the Committee heard near-unanimous support 

for the CZMA and S. 360. The Coastal States Organization reiterated its support for S. 360, which was reinforced by letters from 

the States of Texas, South Carolina, Alabama, Virginia, California, 

Washington, Maine, Massachusetts, and Oregon. All other written 

testimony submitted for this hearing consists of documents in support of S. 360 from the National Estuarine Research Reserve Association, the American Planning Association, The Nature Conservancy, and a former Commissioner of the U.S. Commission on 

Ocean Policy. While not criticizing the language included in S. 360, 

at the hearing Mr. Fry and Mr. Jeffress expressed an interest in 

adding language that would further streamline the regulatory permitting and approval processes for offshore industries. Ms. Cooksey 

and Ms. Chasis expressed concern that any streamlining not impact opportunities for State comment or undermine the adequacy 

of the appeals record. 

SUMMARY OF PROVISIONS

S. 360, as amended by a manager’s amendment adopted at the 

Executive Session, would update the CZMA in response to evolving 

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State program needs, while preserving its voluntary, incentivebased nature and upholding the Federal consistency requirement. 

The key provisions of S. 360, as reported, include streamlining the 

processes for reviewing, approving, and appealing Federal actions 

in State waters; updating funding authorization levels for FYs 2006 

through 2010; and creating a new Coastal Community Program 

targeting local planning and infrastructure needs, which includes 

a new funding mechanism for addressing non-point pollution control. 

A significant change to the CZMA includes increased authorization levels. Within the last several years, the pace of coastal land 

use and development has placed increasing demands and costs on 

State coastal zone planning offices, and the funding needs of States 

have outpaced funds available through CZMA matching grant programs. Federal funding for CZMA programs has decreased from 

$101.8 million in FY 2002 to $91.8 million in FY 2005. For many 

States, the lack of sufficient funding has caused them to scale back 

coastal management program activities and reduce staff levels. 

Lack of funds has been a limiting factor in effectively implementing 

and monitoring their federally-approved coastal zone management 

plans and other Federal mandates aimed at reducing coastal water 

pollution. 

Based on estimates of States’ coastal management activities and 

projected costs over the next 5 years, the manager’s amendment 

would authorize a total of $125.5 million for CZMA grant programs 

in FY 2006, increasing to $138 million in FY 2010. To meet States’ goals for coastal science and education through National Estuarine 

Research Reserve sites and facilities, the manager’s amendment 

would authorize $37 million in FY 2006, increasing to $41 million 

in FY 2010. For overall CZMA program administration at NOAA, 

this bill would authorize $7.5 million in FY 2006, increasing to $8.5 

million in FY 2010. 

In the last several years, many States have sought Federal support for establishing partnerships with and among local communities to encourage wise and sustainable development of their public resources. S. 360, as amended, would establish such a new program under section 309A, the Coastal Community Program. This 

program would increase Federal and State support of communitybased activities to address the impact of development and sprawl 

on coastal resources. Eligible projects would include those to revitalize previously developed areas, undertake conservation activities 

and projects in undeveloped areas, emphasize water dependent 

uses, and protect coastal waters and habitats. Within the total 

grant authorization described above, the manager’s amendment 

would authorize $29 million for section 309A activities in FY 2006 

and increase funding levels by $1 million a year until funding 

reaches $32 million in FYs 2009 and 2010. 

In addition, many States currently conduct programs to mitigate 

nonpoint source pollution, or polluted runoff. Polluted runoff refers 

to rainfall and other water that travels over land—picking up significant amounts of oils, fertilizers, and other chemical pollutants—

and is eventually discharged in coastal waters. Although many 

States use existing section 306, 306A, and 309 grants for nonpoint 

pollution reduction programs, it continues to be one of the most 

challenging issues facing coastal areas. Although no further policy 

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authorization is necessary for continuing these activities under the 

CZMA, S. 360 as amended would encourage States to take additional steps to address polluted runoff by directing specific funding 

to coastal polluted runoff programs through the Coastal Community Program. Each year, $10 million or 35 percent of section 309A 

funding, whichever is less, would be made available for State-developed and community-based polluted runoff prevention and control 

activities. The funding would be used to assist coastal communities 

to coordinate and implement approved coastal nonpoint source pollution control strategies and measures. 

To implement the consistency requirement of the CZMA, which 

grants coastal States authority to address the impacts of proposed 

Federal actions off their shores, NOAA has established procedures 

for reviewing, commenting on, and appealing Federal decisions. 

These processes often take more time than warranted. The committee examined the source of the delays and agreed to make three 

changes to streamline the Federal consistency processes. 

First, the bill as amended would limit the comment period on 

Federal actions to 270 days (with a one-time 60 day stay, if requested by the parties or the Secretary of Commerce) and require 

that the Secretary of Commerce issue final decisions on appeals 

filed after the date of enactment of this Act within 90 days (only 

one 45 day extension is possible). For appeals filed before enactment of S. 360, the Secretary would have to close the record within 

180 days of enactment, but no earlier than December 31, 2006, and 

issue the decision within 90 days of record closure. The intent of 

these provisions is to bring more predictability to the appeals process and ensure that the timeline will not be extended unreasonably. At the same time, it will allow enough time to compile all 

statutorily-required information that the Secretary of Commerce 

must consider, which will minimize the risk of subsequent litigation. The Committee based this language on timelines contained in 

NOAA’s proposed rulemaking to revise the CZMA Federal Consistency Regulations, 68 Fed. Reg. 34851 (June 11, 2003), which the 

Administration developed in consultation with coastal States, ocean 

industries, and other interested stakeholders. 

Second, the bill, as approved, would direct the Secretary of Commerce and the Commissioner of the Federal Energy Regulatory 

Commission (FERC) to prepare a memorandum of understanding 

on how they would coordinate their reviews and schedules of coastal energy activities. The intent of this is to prevent unnecessary 

delays in collecting information for an appeal. 

Third, the bill also contains new language that would allow Alaska to apply the Federal consistency requirement only to a Federal 

action ‘‘inland of the coastal zone’’ that ‘‘directly and significantly 

affects’’ land, water, or natural resources in the coastal zone. In 

other words, Federal actions on Alaska’s interior that do not directly and significantly affect the coastal zone would no longer be 

subject to State CZMA review. Alaska’s coastal managers argued 

that the consistency requirement has been overly burdensome for 

many of their cases, thereby warranting this change. Nevertheless, 

other coastal States’ coastal zone managers value the existing 

broad reach of the consistency authority, and the language of the 

provision reflects the Committee’s intent that this language only 

apply to Alaska. 

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LEGISLATIVE HISTORY

On February 10, 2005, Senator Snowe introduced S. 360, the 

Coastal Zone Enhancement Reauthorization of 2005, a bill to reauthorize the Coastal Zone Management Act of 1972. The bill, cosponsored by Senators Kerry, Sarbanes, Cantwell, DeWine, Levin, and 

Lautenberg, was referred to the Senate Committee on Commerce, 

Science, and Transportation. Senator Snowe chaired a full committee hearing on CZMA reauthorization issues and S. 360 on May 

25, 2005, as described above. 

On July 21, 2005, the Committee considered a manager’s amendment to this bill. At this Executive Session, the Commerce Committee ordered S. 360 to be reported favorably as amended. 

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: 

U.S. CONGRESS, 

CONGRESSIONAL BUDGET OFFICE, 

Washington, DC, August 19, 2005. 

Hon. TED STEVENS, Chairman, Committee on Commerce, Science, and Transportation, 

U.S. Senate, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for S. 360, the Coastal Zone Enhancement Reauthorization Act of 2005. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Megan Carroll. 

Sincerely, 

DOUGLAS HOLTZ-EAKIN, Director. 

Enclosure. 

S. 360—Coastal Zone Enhancement Reauthorization Act of 2005 

Summary: S. 360 would amend 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). 

Assuming appropriation of the authorized amounts, CBO estimates that implementing S. 360 would cost $26 million in 2006 and 

$643 million over the next five years. Enacting S. 360 could increase direct spending and revenues, but we estimate that any 

such increases would not exceed $500,000 a year. 

S. 360 contains no intergovernmental or private-sector mandates 

as defined by the Unfunded Mandates Reform Act (UMRA). The 

bill would benefit coastal states and local governments; any costs 

they incur would result from complying with conditions for receiving federal assistance. 

Estimated cost to the Federal Government: The estimated budgetary impact of S. 360 is shown in the following table. The costs 

7 

of this legislation fall within budget function 300 (natural resources 

and environment). 

By Fiscal Year, in Millions of Dollars— 

2005 2006 2007 2008 2009 2010 

SPENDING SUBJECT TO APPROPRIATION 

Current law: 

Budget authority 1 ............................................................... 124 0 0 0 0 0 

Estimated outlays ................................................................ 157 123 55 12 0 0 

Proposed changes: 

Authorization level ............................................................... 0 170 176 176 182 188 

Estimated outlays ................................................................ 0 26 103 157 176 181 

Spending under S. 360: 

Authorization level 1 ............................................................. 124 170 176 176 182 188 

Estimated outlays ................................................................ 157 149 158 169 176 181 

1 The 2005 level is the amount provided for that year to NOAA for coastal zone management activities. 

Basis of Estimate: S. 360 would authorize the appropriation of 

$892 million over the 2006–2010 period for the Secretary of Commerce to implement the CZMA. Under that act, NOAA provides 

grants and assistance to states and local governments to support 

efforts to conserve and enhance coastal resources and estuarine reserves. S. 360 would expand existing programs to allow grant recipients to use those funds to address emerging issues such as 

nonpoint pollution in coastal areas. The bill also would authorize 

new grants to assess and manage development in coastal communities. Based on historical spending patterns for activities under 

the CZMA, CBO estimates that implementing S. 360 would cost 

$26 million in 2006 and $643 million over the next five years. That 

estimate assumes that S. 360 will be enacted near the start of fiscal year 2006 and that funds will be provided as specified in the 

bill. 

In addition, the bill would authorize the Secretary to accept and 

use donations from the public for projects to study and enhance estuarine resources. Such donations are recorded in the budget as 

revenues, and spending of the gifts would be considered new direct 

spending. Based on information from NOAA, CBO estimates that 

any increases in revenues and subsequent direct spending would be 

less than $500,000 annually. 

Intergovernmental and private-sector impact: S. 360 contains no 

intergovernmental or private-sector mandates as defined in UMRA. 

Much of the money authorized by the bill would fund grant programs that require matching contributions from participating governments. States would be able to allocate a portion of the grant 

funds received under the program to qualified local entities, including local governments, to further their coastal management programs. Any costs to those states, including matching funds, would 

result from complying with conditions for receiving federal assistance. 

Estimate prepared by: Federal costs: Megan Carroll; impact on 

state, local, and tribal governments: Lisa Ramirez-Branum; impact 

on the private sector: Craig Cammarata. 

Estimate approved by: Robert A. Sunshine, Assistant Director for 

Budget Analysis. 

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REGULATORY IMPACT STATEMENT

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

The reported bill would reauthorize the CZMA and amend it by 

streamlining the processes for gathering information and issuing 

appeals decisions; authorizing appropriations for FYs 2006 through 

2010; and adding new funding initiatives on coastal community 

planning and nonpoint pollution reduction that participating States 

can access. It does not authorize any new regulations and, therefore, would not subject any individuals or businesses to new regulations. 

ECONOMIC IMPACT

The bill, as reported, provides authorization levels of $170 mil- lion for FY 2006, $175.8 million for FY 2007, $176 million for FY 

2008, $182.3 million for FY 2009, and $187.5 million for FY 2010 

for NOAA to carry out the purposes of the bill. These funding levels 

are not expected to have an inflationary impact on the nation’s 

economy. 

PRIVACY

This legislation would not have any adverse impact on the personal privacy of the individuals that would be impacted by this legislation. 

PAPERWORK

The reported bill would not increase paperwork requirements for 

the private sector. Those State, local, and non-governmental partners that volunteer to participate in CZMA programs and comment 

on proposed coastal zone activities would likely increase their written communications, data management, and technical expertise capacity related to coastal zone management. 

SECTION-BY-SECTION ANALYSIS

Section 1. Short title; table of contents 

This section provides the table of contents and the title of the 

bill, the Coastal Zone Enhancement Reauthorization Act of 2005 

(CZER). 

Section 2. Amendment of Coastal Zone Management Act 

This section specifies that amendments and repeals in this bill 

apply to the Coastal Zone Management Act of 1972 (CZMA) (16 

U.S.C. 1451 et seq.). 

Section 3. Findings 

This section amends section 302 of the CZMA (Findings) to reflect emerging issues, including the importance of Federal and 

State support of local community-based planning and strategies to 

address local problems. New findings include the need to increase 

local and State capacity to identify public infrastructure and open 

9 

space needs; the need to develop and implement plans that provide 

for sustainable growth; addressing resource protection and community revitalization; and supporting the National Estuarine Research Reserve System (NERRS) as a vehicle for coastal stewardship, research and development, training, education, and outreach. 

Section 4. Policy 

This section amends section 303 of the CZMA (Declarations of 

Policy) to include support for the NERRS and encourage the use of 

innovative technologies and techniques in the coastal zone for longterm coastal conservation. It includes specific support for improved 

coastal management decision-making, State-based conservation, 

monitoring, research, outreach, and education, and it places emphasis on cooperative and coordinated approaches to coastal management. It emphasizes the roles of State and local government in 

addressing habitat issues. 

Section 5. Changes in definitions 

This section amends section 304 of the CZMA (Definitions) to 

clarify the terms ‘‘estuarine reserve’’ and ‘‘coastal nonpoint pollution control program;’’ add a definition for ‘‘qualified local entity’’

for the new community-based initiative that includes regional and 

interstate agencies and non-profit organizations; clarify that ‘‘coastal State’’ no longer includes the trust territories of the Pacific Islands, which are now self-governing (i.e. the now-independent nation of Palau); expand the term ‘‘energy facilities’’ to include ‘‘use 

or reuse’’ of facilities authorized under the Outer Continental Shelf 

Lands Act for energy-related purposes or other authorized marinerelated purposes; and expand the term ‘‘OCS energy activity’’ to include alternative energy sources, the reuse of facilities, and other 

energy related purposes. It adds incentives and guidelines to the 

definition of ‘‘special area management plans,’’ and defines the 

term ‘‘coastal nonpoint pollution control strategies and measures’’

as strategies and measures included as part of the coastal nonpoint 

pollution control program (16 U.S.C. 1455b). 

Section 6. Reauthorization of management program development 

grants 

This section amends section 305(a) of the CZMA to ensure that 

resources are available in FYs 2006 and 2007 to States without approved coastal management programs (i.e., Illinois) to facilitate 

completion of their program development. Such resources had been 

available to all other coastal States and territories as they developed their plans. 

Section 7. Reauthorization of administrative grants 

This section amends section 306(a) of the CZMA (Administrative 

Grants) to allow grants to cover implementation costs as well as 

administration costs, and it clarifies that all plans, strategies and 

measures, and all programmatic elements (including coastal 

nonpoint pollution control programs) are eligible for grants under 

this section. This section also specifies that the range of relative increase or decrease in funding for base programs for all States 

should be minimized. This is intended to provide for equitable disVerDate Aug 31 2005 04:53 Sep 17, 2005 Jkt 039010 PO 00000 Frm 00011 Fmt 6659 Sfmt 6602 E:\HR\OC\SR137.XXX SR137
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tribution of funding for all States. This section also makes technical changes to the acquisition criteria in section 306(d)(10)(B). 

Section 8. Coastal resources improvement program 

This section amends section 306A of the CZMA (Coastal Resource 

Improvement Grants) by broadening the objectives for which the 

Secretary of Commerce may allocate funds, providing States with 

the option of allocating funds for creation, restoration, and preservation of coastal habitats, and for the continued implementation of 

the States’ coastal nonpoint plans. This section makes technical 

changes to the guidelines for State matching funds and the allocation of the grants under 306 and 306A, and it stipulates that the 

Secretary provides assistance to States in identifying and obtaining 

technical and financial assistance from other Federal agencies. 

Section 9. Certain Federal agency activities 

This section directs that only ‘‘direct’’ and ‘‘significant’’ effects on ‘‘a land or water use or a natural resource of the Alaskan coastal 

zone’’ can be subject to State consistency review under section 307 

(Coordination and Cooperation with Federal Agencies). 

Section 10. Coastal zone management fund 

This section amends section 308 of the CZMA (Coastal Zone 

Management Fund) to make loan repayments available to States 

from section 308(b)(2) grants to improve regional scale and watershed-based management approaches. 

Section 11. Coastal zone enhancement grants 

This section amends section 309 of the CZMA (Coastal Zone Enhancement Grants) by providing States with the option of allocating funds for the creation, restoration, and preservation of coastal habitats, explicitly including wetlands, coral reefs, marshes, and 

barrier islands. Funds may also be used for the continued implementation of the States’ coastal nonpoint plans. This section adds 

a provision to allow coastal States, in consultation with the Secretary, to identify emerging coastal zone enhancement objectives. 

Section 11 removes outdated sections of subsection 309(d) and 

amends subsection 309(f) to eliminate the $10 million cap on annual section 309 allocations to conform with increasing authorization levels. This section also removes provisions requiring the Secretary to evaluate State proposals based on pre-determined criteria 

and directs the Secretary to use funds allocated for section 306 (Administrative grants) and 306A (Coastal resource improvement program) for grants to States. This section also adds a provision supporting projects to improve ocean resource management and watershed management. 

Section 12. Coastal community program 

The Coastal Community Program creates a new grant option 

(section 309A) for States that want to focus on coastal communitybased initiatives. This section describes the need for Federal and 

State support of community-based planning, strategies, and solutions to local sprawl and development issues in the coastal zone. 

This section allows the Secretary to make grants to States through 

the base program allocation formula and requires that the States 

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match the amount of the grant so that sections 306, 306A, and this 

section, in aggregate, equal a 1:1 match. The Coastal Community 

Program is intended to revitalize previously developed areas, promote conservation projects in environmentally sensitive areas, emphasize water dependent uses, and protect coastal habitats. 

Section 13. Technical assistance 

This section amends section 310 of the CZMA (Technical Assistance) to expand the scope and change the title of the section to 

‘‘Technical Assistance, Resource Assessments, and Information Systems.’’ Amendments in this section allow the Secretary to conduct 

a cooperative program to develop and apply innovative coastal and 

estuarine environmental technology and management practices, including information transfer, training, and technical assistance and 

support. This section also establishes regional advisory committees 

to advise NOAA on these programs. These committees will identify 

research, technical assistance, and information needs and priorities 

for these programs and will provide consultation and guidance for 

the development of coastal information and resource assessment 

programs in each coastal State or territory. The committees are exempt from the Federal Advisory Committee Act requirements and 

include representatives from relevant State Governors, scientific 

and academic institutions, Sea Grant programs, and the private 

and public sector. This section also directs the Secretary to assist 

coastal States in identifying and obtaining financial and technical 

assistance from other Federal agencies. 

Section 14. Performance review 

This section amends section 312(a) of the CZMA (Performance 

Review), by adding coordination with the National Estuarine Research Reserve System to the performance review process and by 

changing the frequency and focus of the reviews. Reviews are 

changed from ‘‘continuing reviews of performance’’ to periodic review of administration and implementation, in addition to review 

of performance, at least once every five years. Reviews are to indicate whether each Coastal Zone Management Plan is consistent 

with the national coastal policies and objectives in sections 

303(2)(A) through (K). 

Section 15. Walter B. Jones award 

This section amends section 314 of the CZMA to allow the Secretary the discretion to issue the Walter B. Jones Awards if funds 

are available and specifies the form these awards may take. 

Section 16. National Estuarine Research Reserve System 

This section amends section 315 of the CZMA to clarify and 

strengthen the National Estuarine Research Reserve System 

(NERRS). A majority of the amendments are changes to include 

training, education, monitoring, research and stewardship concepts 

as well as the development of improved coastal management methods and practices. This section clarifies the NERRS description and 

allows the Secretary to enter into contracts and agreements with 

non-profit organizations to carry out projects that support reserves 

and to accept donations of funds or services for projects consistent 

with the purposes of section 315. This section also specifies that reVerDate Aug 31 2005 04:53 Sep 17, 2005 Jkt 039010 PO 00000 Frm 00013 Fmt 6659 Sfmt 6602 E:\HR\OC\SR137.XXX SR137
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search goals in NERRS reserves should be appropriate for each 

coastal State or territory. 

Section 17. Coastal zone management reports 

This section amends section 316 of the CZMA to clarify the requirements for the reports to Congress and to require a report to 

be provided to Congress on Federal agency coordination and cooperation in coastal management. 

Section 18. Authorization of appropriations 

This section amends section 318, Authorization of Appropriations, to authorize CZMA funding. For 306 and 306A, authorization 

is provided at $90.5 million in FY 2006, $94 million for FY 2007, 

$98 million for FY 2008, and increasing by $4 million annually 

until FY 2010. For the voluntary 309A community initiative grants, 

$29 million is authorized for FY 2006, increasing annually in $1 

million increments until FY 2009 and FY 2010. Of the section 309A 

funds, $10 million or 35 percent, whichever is less, shall be set 

aside for existing nonpoint pollution control programs. For 315 

grants (NERRS), authorization is provided at $37 million in FY 

2006, increasing annually in $1 million increments until FY 2010. 

Within these section 315 levels, $15 million is authorized annually 

between FY 2006 and FY 2010 for grants to fund construction 

projects at estuarine reserves designated under section 315. $7.5 

million is authorized for administrative costs in FY 2006, increasing to $8.5 million in FY 2010. For FY 2006 and FY 2007, $6 million is authorized for section 310 grants to support State pilot 

projects to implement resource assessment and information programs. This section also clarifies that NOAA shall only utilize 

funds appropriated for section 306 for grants and not for any other 

program, administrative, or overhead costs. 

Section 19. Deadline for decision on appeals of consistency determination 

This section adds deadlines for decisions on appeals to the Secretary of consistency determinations under section 307 (Coordination and Cooperation with Federal Agencies). For appeals filed 

after the date of enactment of this Act, these deadlines close the 

record after 270 days (with an opportunity for a one-time 60 day 

stay) and require a decision 90 days after the record closes. The 

deadline for decisions could be extended one time by the Secretary 

of Commerce, for a period of up to 45 days. For appeals filed before 

the date of enactment of this Act, the Secretary has up to 180 days 

from the date of enactment (but no earlier than December 31, 

2006) to close the record. A decision would be required no later 

than 90 days after the record closes. 

Section 20. Coordination with FERC 

This section directs the Secretary of Commerce to report on the 

development of a memorandum of understanding with the Commissioner of the Federal Energy Regulatory Commission (FERC) regarding improved coordination and streamlining of the CZMA and 

FERC review processes. 

13 

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 

SEC. 302. CONGRESSIONAL FINDINGS. 

[16 U.S.C. 1451] 

The Congress finds that— ø(a)¿ (1) There is a national interest in the effective management, beneficial use, protection, and development of the coastal 

zone. 

ø(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 wellbeing of the Nation. 

ø(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, ports, 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. 

ø(d)¿ (4) The habitat areas of the coastal zone, including coastal 

waters and wetlands, and the fish, shellfish, other living marine resources, and wildlife øtherein,¿ dependent on that habitat, are ecologically fragile and consequently extremely vulnerable to destruction by man’s alterations. 

ø(e)¿ (5) Important ecological, cultural, historic, and esthetic values in the coastal zone which are essential to the øwell-being¿ 

qualifty of life of all citizens are being irretrievably damaged or 

lost. 

ø(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; 

ø(g)¿ (7) Special natural and scenic characteristics are being 

damaged by ill-planned development that threatens these values. 

ø(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 and local institutional arrangements for planning and regulating land and water uses in such areas are inadequate. 

ø(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 

14 

coastal zone by assisting the states, in cooperation with Federal 

and local governments and other vitally affected interests, in developing land and water use programs for the coastal zone, including 

integrated plans and strategies, unified policies, criteria, standards, 

methods, and processes for dealing with land and water use decisions of more than local significance. 

ø(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 and local needs resulting from new 

or expanded energy activity in or affecting the coastal zone. 

ø(k) 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.¿ 

(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. 

ø(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. 

ø(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 and, wherever appropriate, by 

the development of state ocean resource plans as part of their federally approved coastal zone management programs. 

(14) There is a need to enhance cooperation and coordination 

among states and local communities, to encourage local community-based solutions that address the impacts and pressures on 

coastal resources and on public facilities and public service 

caused by continued coastal demands, and to increase state and 

local capacity to identify public infrastructure and open space 

needs and develop and implement plans which provide for sustainable growth, resource protection and community revitalization. 

(15) The establishment of a national system of estuarine research reserves will provide for protection of essential estuarine 

resources, as well as for a network of State-based reserves that 

will serve as sites for coastal stewardship best-practices, monitoring, research, education, and training to improve coastal 

management and to help translate science and inform coastal 

decisionmakers and the public. 

SEC. 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 øthe states¿ state and local governments to exercise effectively their responsibilities in the 

coastal zone through the development and implementation of 

management øprograms¿ programs, plans, and strategies to 

15 

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 øwaters,¿ waters and habitats, and to protect natural resources and existing uses of those øwaters,¿ waters and habitats, 

(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 øagencies and State and wildlife agencies, and¿ and wildlife management, 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 øspecificity¿ specificity, coVerDate Aug 31 2005 04:53 Sep 17, 2005 Jkt 039010 PO 00000 Frm 00017 Fmt 6659 Sfmt 6601 E:\HR\OC\SR137.XXX SR137
16 

operation, coordination, and effectiveness 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 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, other 

countries, 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; øand¿ 

(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 øzone.¿ zone; 

(7) to create and use a National Estuarine Research Reserve 

System as a Federal, state, and community partnership to support and enhance coastal management and stewardship 

through State-based conservation, monitoring, research, education, outreach, and training; and 

(8) to encourage the development, application, training, technical assistance, and transfer of innovative coastal management 

practices and coastal and estuarine environmental technologies 

and techniques to improve understanding and management decisionmaking for the long-term conservation of coastal ecosystems. 

SEC. 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 

17 

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. 

(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, øand 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; 

(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)). 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 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 inVerDate Aug 31 2005 04:53 Sep 17, 2005 Jkt 039010 PO 00000 Frm 00019 Fmt 6659 Sfmt 6601 E:\HR\OC\SR137.XXX SR137
18 

volved 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; (ix) use or 

reuse of facilities authorized under the Outer Continental 

Shelf Lands Act (43 U.S.C. 1331 et seq.) for energy-related 

purposes or other authorized marine related purposes; øand 

(ix)¿ and (x) terminals which are associated with any of 

the foregoing. 

(6a) 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 and natural resources in 

the coastal zone. 

(7) 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. The term includes estuarytype areas of the Great Lakes. 

ø(8) 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.¿ 

(8) The terms ‘‘estuarine reserve’’ and ‘‘estuarine research reserve’’ mean a coastal protected area that—

(A) may include any part or all of an estuary and any 

island, transitional area, and upland in, adjoining, or adjacent to the estuary; 

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

(C) is established to provide long-term opportunities for 

conducting scientific studies and monitoring and educational and training programs that improve the understanding, stewardship, and management of estuaries and 

improve coastal decisionmaking. 

(9) The term ‘‘Fund’’ means the Coastal Zone Management 

Fund established under section 308(b). 

(10) 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) 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 coastal zone and which (A) has authority to 

levy taxes, or to establish and collect user fees, or (B) provides 

19 

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) 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 in accordance with the provisions of this title, setting forth objectives, policies, plans, strategies, and standards 

to guide public and private uses of lands and waters in the 

coastal zone. 

(13) The term ‘‘outer Continental Shelf energy activity’’ means any exploration for, or any development or production 

of, oil or natural gas or alternative energy sources on or 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 ønew or expanded¿ new, reused, or expanded energy facilities directly required by such exploration, development, øor production.¿ production, or other energy related purposes. 

(14) The term ‘‘person’’ means any individual; any corporation, partnership, association, or other entity organized or existing under the laws of any state; the Federal Government; 

any state, regional, or local government; or any entity of any 

such Federal, state, regional, or local government. 

(15) The term ‘‘public facilities and public services’’ means facilities or services which are financed, in whole or in part, by 

any 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. 

(16) The term ‘‘Secretary’’ means the Secretary of Commerce. 

(17) 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 øpolicies; standards¿ 

policies, standards, incentives, guidelines, 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) The term ‘‘water use’’ means a use, activity, or project 

conducted in or on waters within the coastal zone. 

(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)); 

20 

(C) any regional agency; 

(D) any interstate agency; 

(E) any nonprofit organization; or 

(F) any reserve established under section 315. 

øSEC. 305. SUBMITTAL OF STATE PROGRAM FOR APPROVAL. 

[16 U.S.C. 1454] 

øAny coastal state which has completed the development of its 

management program shall submit such program to the Secretary 

for review and approval pursuant to section 306.¿ 

SEC. 305. MANAGEMENT PROGRAM DEVELOPMENT GRANTS. 

(a) STATES WITHOUT PROGRAMS.—In fiscal years 2006 and 2007, 

the Secretary may make a grant annually to any coastal state without an approved program if the coastal state demonstrates to the 

satisfaction of the Secretary that the grant will be used to develop 

a management program consistent with the requirements set forth 

in section 306. The amount of any such grant shall not exceed 

$200,000 in any fiscal year, and shall require State matching funds 

according to a 4-to-1 ratio of Federal-to-State contributions. After 

an initial grant is made to a coastal state under this subsection, no 

subsequent grant may be made to that coastal state under this subsection unless the Secretary finds that the coastal state is satisfactorily developing its management program. No coastal state is eligible to receive more than 4 grants under this subsection. 

(b) SUBMITTAL OF PROGRAM FOR APPROVAL.—A coastal state that 

has completed the development of its management program shall 

submit the program to the Secretary for review and approval under 

section 306. 

SEC. 306. ADMINISTRATIVE GRANTS. 

[16 U.S.C. 1455] 

(a) AUTHORIZATION; MATCHING FUNDS.—The Secretary may make 

grants to any coastal state for the purpose of øadministering that 

state’s management program,¿ administering and implementing 

that State’s management program and any plans, projects, or activities developed pursuant to such program, including developing and 

implementing applicable coastal nonpoint pollution control program 

components, if the state matches any such grant according to the 

following ratios of Federal-to-State contributions for the applicable 

fiscal year: 

(1) For those States for which programs were approved prior 

to enactment of the Coastal Zone Act Reauthorization Amendments of 1990, 1 to 1 for any fiscal year. 

(2) For programs approved after enactment of the Coastal 

Zone Act Reauthorization Amendments of 1990, 4 to 1 for the 

first fiscal year, 2.3 to 1 for the second fiscal year, 1.5 to 1 for 

the third fiscal year, and 1 to 1 for each fiscal year thereafter. 

(b) GRANTS TO COASTAL STATES; REQUIREMENTS.—The Secretary 

may make a grant to a coastal state under subsection (a) only if 

the Secretary finds that the management program of the coastal 

state meets all applicable requirements of this title and has been 

approved in accordance with subsection (d). 

(c) ALLOCATION OF GRANTS TO COASTAL STATES.—Grants under 

this section shall be allocated to coastal states with approved programs based on rules and regulations promulgated by the Secretary which shall take into account the extent and nature of the 

21 

shoreline and area covered by the program, population of the area, 

and other relevant factors. The Secretary shall establish, after consulting with the coastal states, maximum and minimum grants for 

any fiscal year to promote equity between coastal states and effective coastal management. In promoting equity, the Secretary shall 

consider the overall change in grant funding under this section from 

the preceding fiscal year and minimize the relative increases or decreases among all the eligible States. To the extent practicable, the 

Secretary shall ensure that each eligible State receives increased 

funding under this section in any fiscal year for which the total 

amount appropriated to carry out this section is greater than the 

total amount appropriated to carry out this section for the preceding 

fiscal year. 

(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. 

22 

(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 

23 

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 øless than fee simple¿ 

other 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 policies, plans, strategies, 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. 

24 

(e) AMENDMENT OR MODIFICATION OF STATE MANAGEMENT PRO- GRAM FOR COASTAL ZONE.—A coastal state may amend or modify a 

management program which it has submitted and which has been 

approved by the Secretary under this section, subject to the following conditions: 

(1) The State shall promptly notify the Secretary of any proposed amendment, modification, or other program change and 

submit it for the Secretary’s approval. The Secretary may suspend all or part of any grant made under this section pending 

State submission of the proposed amendments, modification, or 

other program change. 

(2) Within 30 days after the date the Secretary receives any 

proposed amendment, the Secretary shall notify the State 

whether the Secretary approves or disapproves the amendment, or whether the Secretary finds it is necessary to extend 

the review of the proposed amendment for a period not to exceed 120 days after the date the Secretary received the proposed amendment. The Secretary may extend this period only 

as necessary to meet the requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). If the 

Secretary does not notify the coastal state that the Secretary 

approves or disapproves the amendment within that period, 

then the amendment shall be conclusively presumed as approved. 

(3)(A) Except as provided in subparagraph (B), a coastal 

state may not implement any amendment, modification, or 

other change as part of its approved management program unless the amendment, modification, or other change is approved 

by the Secretary under this subsection. 

(B) The Secretary, after determining on a preliminary basis, 

that an amendment, modification, or other change which has 

been submitted for approval under this subsection is likely to 

meet the program approval standards in this section, may permit the State to expend funds awarded under this section to 

begin implementing the proposed amendment, modification, or 

change. This preliminary approval shall not extend for more 

than 6 months and may not be renewed. A proposed amendment, modification, or change which has been given preliminary approval and is not finally approved under this paragraph shall not be considered an enforceable policy for purposes of section 307. 

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. 

(2) The term ‘‘urban waterfront and port’’ means any developed area that is densely populated and is being used for, or 

25 

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 meeting one or more of the following objectives: 

(1) The preservation or restoration of specific areas of the 

state that (A) are designated under the management program 

procedures required by section 306(d)(9) or other important 

coastal habitats 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 material on publicly owned reef tracts. 

(2) The redevelopment of deteriorating and underutilized 

urban or historic waterfronts and ports that are designated in 

the 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 coordination and implementation of approved coastal 

nonpoint pollution control plans, strategies, and measures. 

(6) The preservation, restoration, enhancement or creation of 

coastal habitats. 

(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 construcVerDate Aug 31 2005 04:53 Sep 17, 2005 Jkt 039010 PO 00000 Frm 00027 Fmt 6659 Sfmt 6601 E:\HR\OC\SR137.XXX SR137
26 

tion projects subject to the limitations in paragraph 

(B); 

(D) planning, engineering designs, specifications, and 

other appropriate reports; ƒand≈ 

(E) educational, interpretive, and management costs and 

such other related costs as the Secretary determines to be 

consistent with the purposes of this øsection.¿ section; 

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

(G) the coordination and implementation of approved 

coastal nonpoint pollution control plans, strategies, measures. 

ø(d) STATE MATCHING CONTRIBUTIONS; RATIO; MAXIMUM AMOUNT

OF GRANTS.—

ø(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 matches any such grant 

according to the following ratios of Federal 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.’’. 

ø(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. 

ø(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. 

ø(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 of the responsibility for ensuring that 

any funds so allocated are applied in furtherance of the state’s approved management program. 

ø(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.¿ 

(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). 

27 

(2) USE OF FUNDS.—Grants provided under this section may 

be used to pay a coastal state’s share of costs required under 

any other Federal program that is consistent with the purposes 

of this section. 

(e) ALLOCATION OF GRANTS TO QUALIFIED LOCAL ENTITY.—With 

the approval of the Secretary, the eligible coastal state may allocate 

to a qualified local entity a portion of any grant made under this 

section for the purpose of carrying out this section; except that such 

an allocation shall not relieve that state of the responsibility for ensuring that any funds so allocated are applied in furtherance of the 

state’s approved management program and consistent with the policies of this Act. 

(f) ASSISTANCE.—The Secretary shall assist eligible coastal states 

in identifying and obtaining from other Federal agencies technical 

and financial assistance in achieving the objectives set forth in subsection (b). 

SEC. 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 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 MANAGE- MENT 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 

28 

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. 

(D) The provisions of paragraph (1)(A), and implementing regulations thereunder, with respect to a Federal 

agency activity inland of the coastal zone of the State of 

Alaska, apply only if the activity directly and significantly 

affects a land or water use or a natural resource of the 

Alaskan coastal zone. 

(2) Any Federal agency which shall undertake any development project in the coastal zone of 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 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 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 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 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 of its 

designated agency shall notify the Federal agency concerned 

that the state concurs with or objects to the applicant’s certification. If 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 concurrence with the 

certification shall be conclusively presumed. No license or permit shall be granted by the Federal agency until the state or 

its designated agency has concurred with the applicant’s certification or until, by the 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, 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 reVerDate Aug 31 2005 04:53 Sep 17, 2005 Jkt 039010 PO 00000 Frm 00030 Fmt 6659 Sfmt 6601 E:\HR\OC\SR137.XXX SR137
29 

source of the coastal zone of 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 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 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 or its designated agency, in accordance 

with the procedures required to be established by 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 with such certification 

is conclusively presumed as provided for in subparagraph (A), except if 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 shall provide the Secretary, 

the appropriate 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 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 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, 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 which is described in detail in the 

plan to which such concurrence or finding applies. If 

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 ASSIST- ANCE; 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 reVerDate Aug 31 2005 04:53 Sep 17, 2005 Jkt 039010 PO 00000 Frm 00031 Fmt 6659 Sfmt 6601 E:\HR\OC\SR137.XXX SR137
30 

source of the coastal zone shall indicate the views of the appropriate 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 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 or of two or 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 established by 

the Federal Government or by 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 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; the Secretary, with the cooperation 

31 

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. 

(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. 

SEC. 308. COASTAL ZONE MANAGEMENT FUND. 

[16 U.S.C. 1456a] 

(a)(1) The obligations of any coastal state or unit of general purpose local government to repay loans made pursuant to this section 

as in effect before the date of the enactment of the Coastal Zone 

Act Reauthorization Amendments of 1990, and any repayment 

schedule established pursuant to this title as in effect before that 

date of enactment, are not altered by any provision of this title. 

Such loans shall be repaid under authority of this subsection and 

the Secretary may issue regulations governing such repayment. If 

the Secretary finds that any coastal state or unit of local government is unable to meet its obligations pursuant to this subsection 

because the actual increases in employment and related population 

resulting from coastal energy activity and the facilities associated 

with such activity do not provide adequate revenues to enable such 

State or unit to meet such obligations in accordance with the appropriate repayment schedule, the Secretary shall, after review of 

the information submitted by such State or unit, take any of the 

following actions: 

(A) Modify the terms and conditions of such loan. 

(B) Refinance the loan. 

(C) Recommend to the Congress that legislation be enacted to forgive the loan. 

ø(2) Loan repayments made pursuant to this subsection shall 

be retained by the Secretary as offsetting collections, and shall 

be deposited into the Coastal Zone Management Fund established under subsection (b).¿ 

(2) Loan repayments made under this subsection shall be retained by the Secretary and deposited into the Coastal Zone 

Management Fund established under subsection (b) and shall 

be made available to the States for grants as under subsection 

(b)(2). 

32 

(b)(1) The Secretary shall establish and maintain a fund, to be 

known as the ‘‘Coastal Zone Management Fund’’, which shall consist of amounts retained and deposited into the Fund under subsection (a) and fees deposited into the Fund under section 307(i)(3). 

ø(2) Subject to amounts provided in appropriation Acts, amounts 

in the Fund shall be available to the Secretary for use for the following: 

ø(A) Expenses incident to the administration of this title, in 

an amount not to exceed for each of fiscal years 1997, 1998, 

and 1999 the higher of—

ø(i) $ 4,000,000; or 

ø(ii) 8 percent of the total amount appropriated under 

this title for the fiscal year. 

ø(B) After use under subparagraph (A)—

ø(i) projects to address management issues which are regional in scope, including interstate projects; 

ø(ii) demonstration projects which have high potential 

for improving coastal zone management, especially at the 

local level; 

ø(iii) emergency grants to State coastal zone management agencies to address unforeseen or disaster-related 

circumstances; 

ø(iv) appropriate awards recognizing excellence in coastal zone management as provided in section 314; and 

ø(v) to provide financial support to coastal states for use 

for investigating and applying the public trust doctrine to 

implement State management programs approved under 

section 306. 

ø(3) [Omitted]¿ 

(2) Subject to appropriation Acts, amounts in the Fund shall 

be available to the Secretary to make grants to the States for—

(A) projects to address coastal and ocean management 

issues which are regional in scope, including intrastate and 

interstate projects; and 

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

(3) Projects funded under this subsection shall apply an integrated, watershed-based management approach and advance 

the purpose of this Act to preserve, protect, develop, and where 

possible, to restore or enhance, the resources of the Nation’s 

coastal zone for this and succeeding generations. 

SEC. 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: 

ø(1) Protection, restoration, or enhancement of the existing 

coastal wetlands base, or creation of new coastal wetlands.¿ 

(1) Protection, restoration, enhancement, or creation of coastal 

habitats, including wetlands, coral reefs, marshes, and barrier 

islands. 

(2) Preventing or significantly reducing threats to life and 

destruction of property by eliminating development and redevelopment in high-hazard areas, managing development in 

33 

other hazard areas, and anticipating and managing the effects 

of potential sea level rise and Great Lakes level rise. 

(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 and removal 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 øon 

various individual uses or activities on coastal resources, such 

as coastal wetlands and fishery resources.¿ of various individual uses or activities on coastal waters, habitats, and resources, including sources of polluted runoff. 

(6) Preparing and implementing special area management 

plans for important coastal areas. 

(7) Planning for the use of ocean 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) Development and enhancement of coastal nonpoint pollution control program components, strategies, and measures, including the satisfaction of conditions placed on such programs 

as part of the Secretary’s approval of the programs. 

(11) Significant emerging coastal issues as identified by 

coastal states, in consultation with the Secretary and qualified 

local entities. 

(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 øchanges¿ changes, or for projects that 

demonstrate significant potential for improving ocean resource 

management or integrated coastal and watershed management 

at the local, state, or regional level, 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 øproposals, 

34 

taking into account the criteria established by the Secretary under 

subsection (d).¿ proposals. 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. 

ø(d) PROMULGATION OF REGULATIONS BY SECRETARY.—Within 12 

months following the date of enactment of this section, and consistent with the notice and participation requirements established 

in section 317, the Secretary shall promulgate regulations concerning coastal zone enhancement grants that establish—

ø(1) specific and detailed criteria that must be addressed by 

a coastal state (including the State’s priority needs for improvement as identified by the Secretary after careful consultation with the State) as part of the State’s development and implementation of coastal zone enhancement objectives; 

ø(2) administrative or procedural rules or requirements as 

necessary to facilitate the development and implementation of 

such objectives by coastal states; and 

ø(3) other funding award criteria as are necessary or appropriate to ensure that evaluations of proposals, and decisions to 

award funding, under this section are based on objective standards applied fairly and equitably to those proposals.¿ 

ø(e)¿ (d) NO STATE CONTRIBUTION REQUIRED.—A State shall not 

be required to contribute any portion of the cost of any proposal for 

which funding is awarded under this section. 

ø(f)¿ (e) FUNDING.—Beginning in fiscal year 1991, not less than 

10 percent and not more than 20 percent of the amounts appropriated to implement sections 306 and 306A of this title shall be 

retained by the Secretary for use øin implementing this section, up 

to a maximum of $10,000,000 annually.¿ for grants to the States. 

ø(g)¿ (f) ELIGIBILITY; SUSPENSION OF STATE FOR NONCOMPLIANCE.—If the Secretary finds that the State is not undertaking the 

actions committed to under the terms of the grant, the Secretary 

shall suspend the State’s eligibility for further funding under this 

section for at least one year. 

SEC. 309A. COASTAL COMMUNITY PROGRAM. 

(a) COASTAL COMMUNITY GRANTS.—The Secretary may make 

grants to any coastal state that is eligible under subsection (b)—

(1) to assist coastal communities in assessing and managing 

growth, public infrastructure, and open space needs in order to 

provide for sustainable growth, resource protection and community revitalization; 

(2) to provide management-oriented research and technical 

assistance in developing and implementing community-based 

growth management and resource protection strategies in qualified local entities as long as such strategies are consistent with 

the policies of this Act; 

(3) to fund demonstration projects which have high potential 

for improving coastal zone management at the local level; 

(4) to assist in the adoption of plans, strategies, policies, or 

procedures to support local community-based environmentallyprotective solutions to the impacts and pressures on coastal uses 

and resources caused by development and sprawl that will—

(A) revitalize previously developed areas; 

35 

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

(C) emphasize water-dependent uses; and 

(D) protect coastal waters and habitats; and 

(5) to assist coastal communities to coordinate and implement 

approved coastal nonpoint pollution control strategies and 

measures that reduce the causes and impacts of polluted runoff 

on coastal waters and habitats.’’. 

(b) ELIGIBILITY.—To be eligible for a grant under this section for 

a fiscal year, a coastal state shall—

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

and 

(2) in the judgment of the Secretary, be making satisfactory 

progress in activities designed to result in significant improvement in achieving the coastal management objectives specified 

in subparagraphs (A) through (K) of section 303(2). 

(c) ALLOCATIONS; SOURCE OF FEDERAL GRANTS; STATE MATCHING

CONTRIBUTIONS.—

(1) ALLOCATION.—Grants under this section shall be allocated 

to coastal states as provided in section 306(c). 

(2) APPLICATION; MATCHING.—If a coastal state chooses to 

fund a project under this section, then—

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

(B) it shall match the amount of the grant under this section on the basis of a total contribution of section 306, 

306A, and this section so that, in aggregate, the match is 

1:1. 

(d) ALLOCATION OF GRANTS TO QUALIFIED LOCAL ENTITY.—

(1) IN GENERAL.—With the approval of the Secretary, the eligible coastal state may allocate to a qualified local entity 

amounts received by the state under this section. 

(2) ASSURANCES.—A coastal state shall ensure that amounts 

allocated by the state under paragraph (1) are used by the 

qualified local entity in furtherance of the state’s approved 

management program, specifically furtherance of the coastal 

management objectives specified in section 303(2) and the policies of this Act. 

(e) ASSISTANCE.—The Secretary shall assist eligible coastal states 

and qualified local entities in identifying and obtaining from other 

Federal agencies technical and financial assistance in achieving the 

objectives set forth in subsection (a). 

øSEC. 310. TECHNICAL ASSISTANCE.¿ 

SEC. 310. TECHNICAL ASSISTANCE, RESOURCES ASSESSMENTS, AND 

INFORMATION SYSTEMS. 

[16 U.S.C. 1456c] 

(a)(1) The Secretary shall conduct a program of technical øassistance¿ assistance, technology and methodology development, training 

and information transfer, resources assessment, and managementoriented research necessary to support the development and implementation of State coastal management program amendments 

under section 309, and appropriate to the furtherance of international cooperative efforts and technical assistance in coastal zone 

management. 

36 

(2) Each department, agency, and instrumentality of the executive branch of the Federal Government may assist the Secretary, 

on a reimbursable basis or otherwise, in carrying out the purposes 

of this section, including the furnishing of information to the extent 

permitted by law, the transfer of personnel with their consent and 

without prejudice to their position and rating, and the performance 

of any research, study, and technical assistance which does not 

interfere with the performance of the primary duties of such department, agency, or instrumentality. The Secretary may enter into 

contracts or other arrangements with any qualified person for the 

purposes of carrying out this subsection. 

(b)(1) The Secretary shall provide for the coordination of technical assistance, studies, øand research activities¿ research activities, and other support services and activities under this section 

with any other such activities that are conducted by or subject to 

the authority of the Secretary. The Secretary may conduct a program to develop and apply innovative coastal and estuarine environmental technology and methodology through a cooperative program, and to support the development, application, training and 

technical assistance, and transfer of effective coastal management 

practices. The Secretary may make extramural grants in carrying 

out the purpose of this subsection. 

(2) The Secretary shall make the results of research and 

studies conducted pursuant to this section available to coastal 

states in the form of technical assistance publications, workshops, or other means appropriate. 

(3) The Secretary shall consult with coastal states on a regular basis regarding the development and implementation of 

the program established by this section. The Secretary shall establish regional advisory committees including representatives 

of the Governors of each state within the region, universities, 

colleges, coastal and marine laboratories, Sea Grant College 

programs within the region and representatives from the private and public sector with relevant expertise. The Secretary 

will report to the regional advisory committees on activities undertaken by the Secretary and other agencies pursuant to this 

section, and the regional advisory committees shall identify research, technical assistance and information needs and priorities. The regional advisory committees are not subject to the requirements of the Federal Advisory Committee Act (5 U.S.C. 

App.). 

(c)(1) The Secretary shall consult with the regional advisory committees concerning the development of a coastal resources assessment and information program to support development and maintenance of integrated coastal resource assessments of state natural, 

cultural and economic attributes, and coastal information programs 

for the collection and dissemination of data and information, product development, and outreach based on the needs and priorities of 

coastal and ocean managers and user groups. 

(2) The Secretary shall assist coastal states in identifying and obtaining financial and technical assistance from other Federal agencies and may make grants to states in carrying out the purpose of 

this section and to provide ongoing support for state resource assessment and information programs. 

37 

* * * * * * * 

SEC. 312. REVIEW OF PERFORMANCE. 

[16 U.S.C. 1458] 

(a) EVALUATION OF ADHERENCE WITH TERMS OF GRANTS.—The 

Secretary shall conduct a øcontinuing review of the performance¿ 

periodic review, no less frequently than every 5 years, of the administration, implementation, and performance of coastal states with 

respect to coastal ømanagement.¿ management programs. Each review shall include a written evaluation with an assessment and detailed findings concerning the extent to which the state øhas implemented and enforced¿ has effectively administered, implemented, 

and enforced the program approved by the Secretary, øaddressed 

the coastal management needs identified¿ furthered the national 

coastal policies and objectives set forth in section 303(2)(A) through 

(K), coordinated with National Estuarine Research Reserves in the 

state, and adhered to the terms of any grant, loan, or cooperative 

agreement funded under this title. 

(b) PUBLIC PARTICIPATION.—In evaluating a coastal state’s performance, the Secretary shall conduct the evaluation in an open 

and public manner, and provide full opportunity for public participation, including holding public meetings in the State being evaluated and providing opportunities for the submission of written and 

oral comments by the public. The Secretary shall provide the public 

with at least 45 days’ notice of such public meetings by placing a 

notice in the Federal Register, by publication of timely notices in 

newspapers of general circulation within the State being evaluated, 

and by communications with persons and organizations known to 

be interested in the evaluation. Each evaluation shall be prepared 

in report form and shall include written responses to the written 

comments received during the evaluation process. The final report 

of the evaluation shall be completed within 120 days after the last 

public meeting held in the State being evaluated. Copies of the 

evaluation shall be immediately provided to all persons and organizations participating in the evaluation process. 

(c) SUSPENSION OF FINANCIAL ASSISTANCE FOR NONCOMPLIANCE; 

NOTIFICATION OF GOVERNOR; LENGTH OF SUSPENSION.—

(1) The Secretary may suspend payment of any portion of financial assistance extended to any coastal state under this 

title, and may withdraw any unexpended portion of such assistance, if the Secretary determines that the coastal state is 

failing to adhere to (A) the management program or a State 

plan developed to manage a national estuarine reserve established under section 315 of this title, or a portion of the program or plan approved by the Secretary, or (B) the terms of 

any grant or cooperative agreement funded under this title. 

(2) Financial assistance may not be suspended under paragraph (1) unless the Secretary provides the Governor of the 

coastal state with—

(A) written specifications and a schedule for the actions 

that should be taken by the State in order that such suspension of financial assistance may be withdrawn; and 

(B) written specifications stating how those funds from 

the suspended financial assistance shall be expended by 

38 

the coastal state to take the actions referred to in subparagraph (A). 

(3) The suspension of financial assistance may not last for 

less than 6 months or more than 36 months after the date of 

suspension. 

(d) WITHDRAWAL OF APPROVAL FROM PROGRAM.—The Secretary 

shall withdraw approval of the management program of any coastal state and shall withdraw financial assistance available to that 

State under this title as well as any unexpended portion of such 

assistance, if the Secretary determines that the coastal state has 

failed to take the actions referred to in subsection (c)(2)(A). 

(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 in order that such withdrawal may be canceled by the Secretary. 

* * * * * * * 

SEC. 314. WALTER B. JONES EXCELLENCE IN COASTAL ZONE MANAGEMENT AWARDS. 

[16 U.S.C. 1460] 

(a) ESTABLISHMENT.—The Secretary øshall, using sums in the 

Coastal Zone Management Fund established under section 308¿ 

may, using sums available under this Act and other amounts available to carry out this title (other than amounts appropriated to 

carry out sections 305, 306, 306A, 309, 310, and 315), implement 

a program to promote excellence in coastal zone management by 

identifying and acknowledging outstanding accomplishments in the 

øfield.¿ 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. 

(b) ANNUAL SELECTION OF RECIPIENTS.—The Secretary øshall 

elect annually—¿ may select annually if funds are available under 

subsection (a)— (1) one individual, other than an employee or officer of the 

Federal Government, whose contribution to the field of coastal 

zone management has been the most significant; 

(2) 5 local governments which have made the most progress 

in developing and implementing the coastal zone management 

principles embodied in this title; and 

(3) up to 10 graduate students whose academic study promises to contribute materially to development of new or improved approaches to coastal zone management. 

(c) SOLICITATION OF NOMINATIONS FOR LOCAL GOVERNMENT RE- CIPIENTS.—In making selections under subsection (b)(2) the Secretary shall solicit nominations from the coastal states, and shall 

consult with experts in local government planning and land use. 

(d) SOLICITATION OF NOMINATIONS FOR GRADUATE STUDENT RECIPIENTS.—In making selections under subsection (b)(3) the SecVerDate Aug 31 2005 04:53 Sep 17, 2005 Jkt 039010 PO 00000 Frm 00040 Fmt 6659 Sfmt 6601 E:\HR\OC\SR137.XXX SR137
39 

retary shall solicit nominations from coastal states and the National Sea Grant College Program. 

ø(e) FUNDING; TYPES OF AWARDS.—Using sums in the Coastal 

Zone Management Fund established under section 308 and other 

amounts available to carry out this title (other than amounts appropriated to carry out sections 305, 306, 306A, 309, 310, and 315), 

the Secretary shall establish and execute appropriate awards, to be 

known as the ‘‘Walter B. Jones Awards’’, including— ø(1) cash awards in an amount not to exceed $5,000 each; 

ø(2) research grants; and 

ø(3) public ceremonies to acknowledge such awards.¿ 

SEC. 315. NATIONAL ESTUARINE RESEARCH RESERVE SYSTEM. 

[16 U.S.C. 1461] 

(a) ESTABLISHMENT OF THE SYSTEM.—There is established the 

National Estuarine Research Reserve System (hereinafter referred 

to in this section as the ‘‘System’’) that øconsists of—¿ 

(1) each estuarine sanctuary designated under this section as 

in effect before the date of the enactment of the Coastal Zone 

Management Reauthorization Act of 1985; and 

(2) each estuarine area designated as a national estuarine 

reserve under subsection (b). Each estuarine sanctuary referred to in paragraph (1) is hereby designated as a national 

estuarine reserve. 

(b) DESIGNATION OF NATIONAL ESTUARINE RESERVES.—After the 

date of the enactment of the Coastal Zone Management Reauthorization Act of 1985, the Secretary may designate an estuarine area 

as a national estuarine reserve if— (1) the Governor of the coastal state in which the area is located nominates the area for that designation; and 

(2) the Secretary finds that— (A) the area is a representative estuarine ecosystem that 

is suitable for long-term research and contributes to the 

biogeographical and typological balance of the System; 

(B) the law of the coastal state provides long-term protection for reserve resources to ensure a stable environment for research; 

(C) designation of the area as a reserve will serve to enhance øpublic awareness and¿ understanding of estuarine 

areas, and provide suitable opportunities for øpublic education and interpretation; and¿ education, interpretation, 

training, and demonstration projects; and 

(D) the coastal state in which the area is located has 

complied with the requirements of any regulations issued 

by the Secretary to implement this section. 

(c) ESTUARINE øRESEARCH¿ RESEARCH, EDUCATION, AND RE- SOURCE STEWARDSHIP GUIDELINES.—The Secretary shall develop 

guidelines for the øconduct of research¿ conduct of research, education, and resource stewardship within the System that shall include—

(1) a mechanism for identifying, and establishing priorities 

among, the coastal management issues that should be addressed through øcoordinated research¿ coordinated research, 

education, and resource stewardship within the System; 

(2) the establishment of common øresearch¿ principles and 

objectives to guide the development of øresearch programs¿ reVerDate Aug 31 2005 04:53 Sep 17, 2005 Jkt 039010 PO 00000 Frm 00041 Fmt 6659 Sfmt 6601 E:\HR\OC\SR137.XXX SR137
40 

search, education, and resource stewardship programs within 

the System; 

(3) the identification of uniform øresearch¿ methodologies 

which will ensure comparability of ødata,¿ information, the 

broadest application of øresearch¿ results, and the maximum 

use of the System for øresearch purposes;¿ research, education, 

and resource stewardship purposes; 

(4) the establishment of performance standards upon which 

the effectiveness of the øresearch efforts¿ research, education, 

and resource stewardship efforts and the value of reserves 

within the System in addressing the coastal management 

issues identified in paragraph (1) may be measured; and 

(5) the consideration of additional sources of funds for estuarine øresearch¿ research, education, and resource stewardship 

than the funds authorized under this Act, and strategies for 

encouraging the use of such funds within the System, with particular emphasis on mechanisms established under subsection 

(d). In developing the guidelines under this section, the Secretary shall consult with prominent members of the estuarine 

øresearch¿ community. 

(d) PROMOTION AND COORDINATION OF øESTUARINE RESEARCH.— ¿ ESTUARINE RESEARCH, EDUCATION, AND RESOURCE STEWARD- SHIP.—The Secretary shall take such action as is necessary to promote and coordinate the use of the System for øresearch purposes¿ 

research, education, and resource stewardship purposes including— ø(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¿ 

(1) giving reasonable priority to research, education, and 

stewardship activities that use the System in conducting or supporting activities relating to estuaries; 

(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 øresearch.¿ research, education, and resource stewardship activities; and 

‘‘(3) establishing partnerships with other Federal and state 

estuarine management programs to coordinate and collaborate 

on estuarine research. 

(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 øreserve,¿ reserve; and 

(ii) for purposes of operating or managing a national 

estuarine reserve øand constructing appropriate reserve facilities, or¿ including resource stewardship activities and constructing reserve facilities; and 

ø(iii) for purposes of conducting educational or interpretive activities; and 

ø(B) to any coastal state or public or private person for 

purposes of supporting research and monitoring within a 

41 

national estuarine reserve that are consistent with the research guidelines developed under subsection (c).¿ 

(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). 

(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 øtherein or $5,000,000, 

whichever amount is less.¿ 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. 

(B) The amount of the financial assistance provided 

under paragraph (1)(A) (ii) øand (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 øparagraph (1)(A)(iii)¿ paragraph 

(1)(B) may be up to 100 percent of any costs for activities 

that benefit the øentire System.¿ System as a whole. 

(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. 

(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 

42 

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) EVALUATION OF SYSTEM PERFORMANCE.— (1) The Secretary shall periodically evaluate the operation 

and management of each national estuarine reserve, including 

coordination with other state programs established under sections 306 and 309A, 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). 

(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). 

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 øto 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; 

43 

(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 øzone and 

an evaluation of the effectiveness of financial assistance under 

section 308 in dealing with such consequences;¿ zone; 

(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, education, and training conducted in support of coastal zone management; and 

(13) 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 necessary to achieve the objectives of this title and enhance its effective operation. 

(c) REVIEW OF OTHER FEDERAL PROGRAMS; REPORT TO CONGRESS.—

(1) The øSecretary¿ Secretary, in consultation with coastal 

states, and with the participation of affected Federal agencies, 

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. 

øNot 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.¿ The Secretary, in conducting such a review, 

shall coordinate with, and obtain the views of, appropriate Federal agencies. 

(2) The Secretary øshall promptly¿ shall, within 4 years after 

the date of enactment of the Coastal Zone Enhancement Reauthorization Act of 2005, 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. If 

44 

sufficient funds and resources are not available to conduct such 

a review, the Secretary shall so notify the Congress. 

* * * * * * * 

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—

ø(1) for grants under sections 306, 306A, and 309— ø(A) $47,600,000 for fiscal year 1997; 

ø(B) $49,000,000 for fiscal year 1998; and 

ø(C) $50,500,000 for fiscal year 1999; and 

ø(2) for grants under section 315— ø(A) $4,400,000 for fiscal year 1997; 

ø(B) $4,500,000 for fiscal year 1998; and 

ø(C) $4,600,000 for fiscal year 1999.¿ ‘‘(1) for grants under sections 306, 306A, and 309— ‘‘(A) $90,500,000 for fiscal year 2006, 

‘‘(B) $94,000,000 for fiscal year 2007, 

‘‘(C) $98,000,000 for fiscal year 2008, 

‘‘(D) $102,000,000 for fiscal year 2009, and 

‘‘(E) $106,000,000 for fiscal year 2010; ‘‘(2) for grants under section 309A— ‘‘(A) $29,000,000 for fiscal year 2006, 

‘‘(B) $30,000,000 for fiscal year 2007, 

‘‘(C) $31,000,000 for fiscal year 2008, 

‘‘(D) $32,000,000 for fiscal year 2009, and 

‘‘(E) $32,000,000 for fiscal year 2010, of which $10,000,000, or 35 percent, whichever is less, shall be 

for purposes set forth in section 309A(a)(5); ‘‘(3) for grants under section 315— ‘‘(A) $37,000,000 for fiscal year 2006, 

‘‘(B) $38,000,000 for fiscal year 2007, 

‘‘(C) $39,000,000 for fiscal year 2008, 

‘‘(D) $40,000,000 for fiscal year 2009, and 

‘‘(E) $41,000,000 for fiscal year 2010, of which up to $15,000,000 may be used by the Secretary in 

each of fiscal years 2006 through 2010 for grants to fund construction and acquisition projects at estuarine reserves designated under section 315; ‘‘(4) for costs associated with administering this title, $7,500,000 for fiscal year 2006, $7,750,000 for fiscal year 2007, 

$8,000,000 for fiscal year 2008, $8,250,000, for fiscal year 2009, 

and $8,500,000 for fiscal year 2010; and ‘‘(5) for grants under section 310 to support State pilot 

projects to implement resource assessment and information programs, $6,000,000 for each of fiscal years 2006 and 2007. 

(b) LIMITATIONS.—Federal funds received from other sources 

shall not be used to pay a coastal state’s share of costs under section ø306 or 309.¿ 306. 

(c) REVERSION TO SECRETARY OF UNOBLIGATED STATE FUNDS; 

AVAILABILITY OF FUNDS.—The amount of any grant, or portion of a 

grant, made to a State under any section of this Act which is not 

45 

obligated by such State øduring the fiscal year, or during the second fiscal year after the fiscal year, for which¿ within 3 years from 

when it was first authorized to be obligated by such State shall revert to the Secretary. The Secretary shall add such reverted 

amount to those funds available for grants øunder the section for 

such reverted amount was originally made available.¿ to states 

under this Act. 

(d) PURCHASE OF OTHERWISE UNAVAILABLE FEDERAL PRODUCTS

AND SERVICES.—Federal funds allocated under this title may be 

used by grantees to purchase Federal products and services not otherwise available. 

(e) RESTRICTIONS ON USE OF AMOUNTS.—Except for funds appropriated under subsection (a)(4), amounts appropriated under this 

section shall be available only for grants to States and shall not be 

available for other program, administrative, or overhead costs of the 

National Oceanic and Atmospheric Administration or the Department of Commerce. 

øSEC. 319. APPEALS TO THE SECRETARY. 

[16 U.S.C. 1465] 

ø(a) NOTICE.—The Secretary shall publish in the Federal Register a notice indicating when the decision record has been closed 

on any appeal to the Secretary taken from a consistency determination under section 307(c) or (d). No later than 90 days after the 

date of publication of this notice, the Secretary shall—

ø(1) issue a final decision in the appeal; or 

ø(2) publish a notice in the Federal Register detailing why 

a decision cannot be issued within the 90-day period. 

ø(b) DEADLINE.—In the case where the Secretary publishes a notice under subsection (a)(2), the Secretary shall issue a decision in 

any appeal filed under section 307 no later than 45 days after the 

date of the publication of the notice. 

ø(c) APPLICATION.—This section applies to appeals initiated by 

the Secretary and appeals filed by an applicant.¿ 

‘‘SEC. 319. APPEALS TO THE SECRETARY. 

‘‘(a) NOTICE.—Not later than 30 days after the date of the filing 

of an appeal to the Secretary of a consistency determination under 

section 307, the Secretary shall publish an initial notice in the Federal Register. 

‘‘(b) CLOSURE OF RECORD.—

‘‘(1) IN GENERAL.—Not later than the end of the 270-day period beginning on the date of publication of an initial notice 

under subsection (a), except as provided in paragraph (3), the 

Secretary shall immediately close the decision record and receive no more filings on the appeal. 

‘‘(2) NOTICE.—After closing the administrative record, the 

Secretary shall immediately publish a notice in the Federal 

Register that the administrative record has been closed. 

‘‘(3) EXCEPTION.—

‘‘(A) IN GENERAL.—Subject to subparagraph (B), during 

the 270-day period described in paragraph (1), the Secretary may stay the closing of the decision record—

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

46 

‘‘(ii) as the Secretary determines necessary to receive, 

on an expedited basis— ‘‘(I) any supplemental information specifically requested by the Secretary to complete a consistency 

review under this Act; or ‘‘(II) any clarifying information submitted by a 

party to the proceeding related to information already existing in the sole record. ‘‘(B) APPLICABILITY.—The Secretary may only stay the 

270-day period described in paragraph (1) once and for a 

period not to exceed 60 days. ‘‘(c) DEADLINE FOR DECISION.—

‘‘(1) IN GENERAL.—Not later than 90 days after the date of 

publication of a Federal Register notice stating when the decision record for an appeal has been closed, the Secretary shall 

issue a decision or publish a notice in the Federal Register explaining why a decision cannot be issued at that time. 

‘‘(2) SUBSEQUENT DECISION.—Not later than 45 days after the 

date of publication of a Federal Register notice explaining why 

a decision cannot be issued within the 90-day period, the Secretary shall issue a decision. 

Æ