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[Senate Report 109-137]
[From the U.S. Government Publishing Office]

                                                       Calendar No. 211
109th Congress                                                   Report
                                 SENATE
 1st Session                                                    109-137

======================================================================

 
          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

       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                 JOHN D. ROCKEFELLER IV, West 
CONRAD BURNS, Montana                    Virginia
TRENT LOTT, Mississippi              JOHN F. KERRY, Massachusetts
KAY BAILEY HUTCHISON, Texas          BYRON L. DORGAN, North Dakota
OLYMPIA J. SNOWE, Maine              BARBARA BOXER, California
GORDON H. SMITH, Oregon              BILL NELSON, Florida
JOHN ENSIGN, Nevada                  MARIA CANTWELL, Washington
GEORGE ALLEN, Virginia               FRANK LAUTENBERG, New Jersey
JOHN E. SUNUNU, New Hampshire        E. BENJAMIN NELSON, Nebraska
JIM DeMINT, South Carolina           MARK PRYOR, Arkansas
DAVID VITTER, Louisiana
                    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 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 (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 State program needs, while preserving its voluntary, 
incentive-based 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 community-based 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 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.

                          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 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.

                      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 
million 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 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 long-term 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 
marine-related 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 
distribution 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 
community-based 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 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 research 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.

                        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--
  [(a)] (1) There is a national interest in the effective 
management, beneficial use, protection, and development of the 
coastal zone.
  [(b)] (2) The coastal zone is rich in a variety of natural, 
commercial, recreational, ecological, industrial, and esthetic 
resources of immediate and potential value to the present and 
future well- being of the Nation.
  [(c)] (3) The increasing and competing demands upon the lands 
and waters of our coastal zone occasioned by population growth 
and economic development, including requirements for industry, 
commerce, residential development, recreation, extraction of 
mineral resources and fossil fuels, 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.
  [(d)] (4) The habitat areas of the coastal zone, including 
coastal waters and wetlands, and the fish, shellfish, other 
living marine resources, and wildlife [therein,] dependent on 
that habitat, are ecologically fragile and consequently 
extremely vulnerable to destruction by man's alterations.
  [(e)] (5) Important ecological, cultural, historic, and 
esthetic values in the coastal zone which are essential to the 
[well-being] qualifty of life of all citizens are being 
irretrievably damaged or lost.
  [(f)] (6) New and expanding demands for food, energy, 
minerals, defense needs, recreation, waste disposal, 
transportation, and industrial activities in the Great Lakes, 
territorial sea, exclusive economic zone, and Outer Continental 
Shelf are placing stress on these areas and are creating the 
need for resolution of serious conflicts among important and 
competing uses and values in coastal and ocean waters;
  [(g)] (7) Special natural and scenic characteristics are 
being damaged by ill-planned development that threatens these 
values.
  [(h)] (8) In light of competing demands and the urgent need 
to protect and to give high priority to natural systems in the 
coastal zone, present state and local institutional 
arrangements for planning and regulating land and water uses in 
such areas are inadequate.
  [(i)] (9) The key to more effective protection and use of the 
land and water resources of the coastal zone is to encourage 
the states to exercise their full authority over the lands and 
waters in the coastal zone by assisting the states, in 
cooperation with Federal and local governments and other 
vitally affected interests, 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.
  [(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.
  [(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.
  [(l)] (12) Because global warming may result in a substantial 
sea level rise with serious adverse effects in the coastal 
zone, coastal states must anticipate and plan for such an 
occurrence.
  [(m)] (13) Because of their proximity to and reliance upon 
the ocean and its resources, the coastal states have 
substantial and significant interests in the protection, 
management, and development of the resources of the exclusive 
economic zone that can only be served by the active 
participation of coastal states in all Federal programs 
affecting such resources 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 [the states] state and 
        local governments to exercise effectively their 
        responsibilities in the coastal zone through the 
        development and implementation of management [programs] 
        programs, plans, and strategies to achieve wise use of 
        the land and water resources of the coastal zone, 
        giving full consideration to ecological, cultural, 
        historic, and esthetic values as well as the needs for 
        compatible economic development, which programs should 
        at least provide for--
                  (A) the protection of natural resources, 
                including wetlands, floodplains, estuaries, 
                beaches, dunes, barrier islands, coral reefs, 
                and fish and wildlife and their habitat, within 
                the coastal zone,
                  (B) the management of coastal development to 
                minimize the loss of life and property caused 
                by improper development in flood-prone, storm 
                surge, geological hazard, and erosion-prone 
                areas and in areas likely to be affected by or 
                vulnerable to sea level rise, land subsidence, 
                and saltwater intrusion, and by the destruction 
                of natural protective features such as beaches, 
                dunes, wetlands, and barrier islands,
                  (C) the management of coastal development to 
                improve, safeguard, and restore the quality of 
                coastal [waters,] waters and habitats, and to 
                protect natural resources and existing uses of 
                those [waters,] 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 [agencies 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 
        [specificity] specificity, cooperation, 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; [and]
          (6) to respond to changing circumstances affecting 
        the coastal environment and coastal resource management 
        by encouraging States to consider such issues as ocean 
        uses potentially affecting the coastal [zone.] 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 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, [and the Trust 
        Territories of the Pacific Islands,] and American 
        Samoa.
          (5) The term ``coastal energy activity'' means any of 
        the following activities if, and to the extent that (A) 
        the conduct, support, or facilitation of such activity 
        requires and involves the siting, construction, 
        expansion, or operation of any equipment or facility; 
        and (B) any technical requirement exists which, in the 
        determination of the Secretary, necessitates that the 
        siting, construction, expansion, or operation of such 
        equipment or facility be carried out in, or in close 
        proximity to, the coastal zone of any coastal state;
                          (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 involved in any activity 
                described in subparagraph (A). The term 
                includes, but is not limited to (i) electric 
                generating plants; (ii) petroleum refineries 
                and associated facilities; (iii) gasification 
                plants; (iv) facilities used for the 
                transportation, conversion, treatment, 
                transfer, or storage of liquefied natural gas; 
                (v) uranium enrichment or nuclear fuel 
                processing facilities; (vi) oil and gas 
                facilities, including platforms, assembly 
                plants, storage depots, tank farms, crew and 
                supply bases, and refining complexes; (vii) 
                facilities including deepwater ports, for the 
                transfer of petroleum; (viii) pipelines and 
                transmission facilities; (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; [and (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 estuary-type areas of the 
        Great Lakes.
          [(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 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 [new or expanded] new, reused, or expanded energy 
        facilities directly required by such exploration, 
        development, [or 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 [policies; 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));
                  (C) any regional agency;
                  (D) any interstate agency;
                  (E) any nonprofit organization; or
                  (F) any reserve established under section 
                315.

[SEC. 305. SUBMITTAL OF STATE PROGRAM FOR APPROVAL.

                            [16 U.S.C. 1454]

  [Any 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 [administering 
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 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.
                  (I) A planning process for assessing the 
                effects of, and studying and evaluating ways to 
                control, or lessen the impact of, shoreline 
                erosion, and to restore areas adversely 
                affected by such erosion.
          (3) The State has--
                  (A) coordinated its program with local, 
                areawide, and interstate plans applicable to 
                areas within the coastal zone--
                          (i) existing on January 1 of the year 
                        in which the State's management program 
                        is submitted to the Secretary; and
                          (ii) which have been developed by a 
                        local government, an areawide agency, a 
                        regional agency, or an interstate 
                        agency; and
                  (B) established an effective mechanism for 
                continuing consultation and coordination 
                between the management agency designated 
                pursuant to paragraph (6) and with local 
                governments, interstate agencies, regional 
                agencies, and areawide agencies within the 
                coastal zone to assure the full participation 
                of those local governments and agencies in 
                carrying out the purposes of this title; except 
                that the Secretary shall not find any mechanism 
                to be effective for purposes of this 
                subparagraph unless it requires that--
                          (i) the management agency, before 
                        implementing any management program 
                        decision which would conflict with any 
                        local zoning ordinance, decision, or 
                        other action, shall send a notice of 
                        the management program decision to any 
                        local government whose zoning authority 
                        is affected;
                          (ii) within the 30-day period 
                        commencing on the date of receipt of 
                        that notice, the local government may 
                        submit to the management agency written 
                        comments on the management program 
                        decision, and any recommendation for 
                        alternatives; and
                          (iii) the management agency, if any 
                        comments are submitted to it within the 
                        30-day period by any local government--
                                  (I) shall consider the 
                                comments;
                                  (II) may, in its discretion, 
                                hold a public hearing on the 
                                comments; and
                                  (III) may not take any action 
                                within the 30-day period to 
                                implement the management 
                                program decision.
          (4) The State has held public hearings in the 
        development of the management program.
          (5) The management program and any changes thereto 
        have been reviewed and approved by the Governor of the 
        State.
          (6) The Governor of the State has designated a single 
        State agency to receive and administer grants for 
        implementing the management program.
          (7) The State is organized to implement the 
        management program.
          (8) The management program provides for adequate 
        consideration of the national interest involved in 
        planning for, and managing the coastal zone, including 
        the siting of facilities such as energy facilities 
        which are of greater than local significance. In the 
        case of energy facilities, the Secretary shall find 
        that the State has given consideration to any 
        applicable national or interstate energy plan or 
        program.
          (9) The management program includes procedures 
        whereby specific areas may be designated for the 
        purpose of preserving or restoring them for their 
        conservation, recreational ecological, historical, or 
        esthetic values.
          (10) The State, acting through its chosen agency or 
        agencies (including local governments, areawide 
        agencies, regional agencies, or interstate agencies) 
        has authority for the management of the coastal zone in 
        accordance with the management program. Such authority 
        shall include power--
                  (A) to administer land use and water use 
                regulations to control development[,] to ensure 
                compliance with the management program, and to 
                resolve conflicts among competing uses; and
                  (B) to acquire fee simple and [less than fee 
                simple] 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.
  (e) Amendment or modification of State management program 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 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 construction projects 
                        subject to the limitations in paragraph 
                        (B);
                  (D) planning, engineering designs, 
                specifications, and other appropriate reports; 
                [and]
                  (E) educational, interpretive, and management 
                costs and such other related costs as the 
                Secretary determines to be consistent with the 
                purposes of this [section.] 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.
  [(d) State Matching Contributions; Ratio; Maximum Amount of 
Grants.--
          [(1) The Secretary may make grants to any coastal 
        state for the purpose of carrying out the project or 
        purpose for which such grants are awarded, if the state 
        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.''.
          [(2) Grants provided under this section may be used 
        to pay a coastal state's share of costs required under 
        any other Federal program that is consistent with the 
        purposes of this section.
          [(3) The total amount of grants made under this 
        section to any eligible coastal state for any fiscal 
        year may not exceed an amount equal to 10 per centum of 
        the total amount appropriated to carry out this section 
        for such fiscal year.
  [(e) Allocation of Grants to Local Governments and Other 
Agencies.--With the approval of the Secretary, an eligible 
coastal state may allocate to a local government, an areawide 
agency designated under section 204 of the Demonstration Cities 
and Metropolitan Development Act of 1966, a regional agency, or 
an interstate agency, a portion of any grant made under this 
section for the purpose of carrying out this section; except 
that such an allocation shall not relieve that state of the 
responsibility for ensuring that any funds so allocated are 
applied in furtherance of the state's approved management 
program.
  [(f) Other Technical and Financial Assistance.--In addition 
to providing grants under this section, the Secretary shall 
assist eligible coastal states and their local governments in 
identifying and obtaining other sources of available Federal 
technical and financial assistance regarding the objectives of 
this section.]
  (d) Source of Federal Grants; State Matching Contributions.--
          (1) In general.--If a coastal state chooses to fund a 
        project under this section, then--
                  (A) it shall submit to the Secretary a 
                combined application for grants under this 
                section and section 306;
                  (B) it shall match the combined amount of 
                such grants in the ratio required by section 
                306(a) for grants under that section; and
                  (C) the Federal funding for the project shall 
                be a portion of that state's annual allocation 
                under section 306(a).
          (2) Use of funds.--Grants provided under this section 
        may be used to pay a coastal state's share of costs 
        required under any other Federal program that is 
        consistent with the purposes of this section.
  (e) Allocation of Grants to Qualified Local Entity.--With the 
approval of the Secretary, the eligible coastal state may 
allocate to a qualified local entity a portion of any grant 
made under this section for the purpose of carrying out this 
section; except that such an allocation shall not relieve that 
state of the responsibility for ensuring that any funds so 
allocated are applied in furtherance of the state's approved 
management program and consistent with the policies of this 
Act.
  (f) Assistance.--The Secretary shall assist eligible coastal 
states in identifying and obtaining from other Federal agencies 
technical and financial assistance in achieving the objectives 
set forth in subsection (b).

SEC. 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 management 
programs; certification.--
          (1)(A) Each Federal agency activity within or outside 
        the coastal zone that affects any land or water use or 
        natural resource of the coastal zone shall be carried 
        out in a manner which is consistent to the maximum 
        extent practicable with the enforceable policies of 
        approved State management programs. A Federal agency 
        activity shall be subject to this paragraph unless it 
        is subject to paragraph (2) or (3).
                  (B) After any final judgment, decree, or 
                order of any Federal court that is appealable 
                under section 1291 or 1292 of title 28, United 
                States Code, or under any other applicable 
                provision of Federal law, that a specific 
                Federal agency activity is not in compliance 
                with subparagraph (A), and certification by the 
                Secretary that mediation under subsection (h) 
                is not likely to result in such compliance, the 
                President may, upon written request from the 
                Secretary, exempt from compliance those 
                elements of the Federal agency activity that 
                are found by the Federal court to be 
                inconsistent with an approved State program, if 
                the President determines that the activity is 
                in the paramount interest of the United States. 
                No such exemption shall be granted on the basis 
                of a lack of appropriations unless the 
                President has specifically requested such 
                appropriations as part of the budgetary 
                process, and the Congress has failed to make 
                available the requested appropriations.
                  (C) Each Federal agency carrying out an 
                activity subject to paragraph (1) shall provide 
                a consistency determination to the relevant 
                State agency designated under section 306(d)(6) 
                at the earliest practicable time, but in no 
                case later than 90 days before final approval 
                of the Federal activity unless both the Federal 
                agency and the State agency agree to a 
                different schedule.
                  (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 resource 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 assistance; 
relationship of activities with approved management programs.--
State and local governments submitting applications for Federal 
assistance under other Federal programs, in or outside of the 
coastal zone, affecting any land or water use of natural 
resource of the coastal zone shall indicate the views of the 
appropriate state 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 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.
          [(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).
  (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).
  [(2) Subject to amounts provided in appropriation Acts, 
amounts in the Fund shall be available to the Secretary for use 
for the following:
          [(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--
                  [(i) $ 4,000,000; or
                  [(ii) 8 percent of the total amount 
                appropriated under this title for the fiscal 
                year.
          [(B) After use under subparagraph (A)--
                  [(i) projects to address management issues 
                which are regional in scope, including 
                interstate projects;
                  [(ii) demonstration projects which have high 
                potential for improving coastal zone 
                management, especially at the local level;
                  [(iii) emergency grants to State coastal zone 
                management agencies to address unforeseen or 
                disaster-related circumstances;
                  [(iv) appropriate awards recognizing 
                excellence in coastal zone management as 
                provided in section 314; and
                  [(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.
  [(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:
          [(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 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 [on 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 
        [changes] 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 
[proposals, 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.
  [(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--
          [(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;
          [(2) administrative or procedural rules or 
        requirements as necessary to facilitate the development 
        and implementation of such objectives by coastal 
        states; and
          [(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.]
  [(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.
  [(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 [in implementing 
this section, up to a maximum of $10,000,000 annually.] for 
grants to the States.
  [(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 environmentally-protective solutions to the 
        impacts and pressures on coastal uses and resources 
        caused by development and sprawl that will--
                  (A) revitalize previously developed areas;
                  (B) undertake conservation activities and 
                projects in undeveloped and environmentally 
                sensitive areas;
                  (C) emphasize water-dependent uses; and
                  (D) protect coastal waters and habitats; and
          (5) to assist coastal communities to coordinate and 
        implement approved coastal nonpoint pollution control 
        strategies and measures that reduce the causes and 
        impacts of polluted runoff on coastal waters and 
        habitats.''.
  (b) Eligibility.--To be eligible for a grant under this 
section for a fiscal year, a coastal state shall--
          (1) have a management program approved under section 
        306; and
          (2) in the judgment of the Secretary, be making 
        satisfactory progress in activities designed to result 
        in significant improvement in achieving the coastal 
        management objectives specified in subparagraphs (A) 
        through (K) of section 303(2).
  (c) Allocations; Source of Federal Grants; State Matching 
Contributions.--
          (1) Allocation.--Grants under this section shall be 
        allocated to coastal states as provided in section 
        306(c).
          (2) Application; matching.--If a coastal state 
        chooses to fund a project under this section, then--
                  (A) it shall submit to the Secretary a 
                combined application for grants under this 
                section and section 306; and
                  (B) it shall match the amount of the grant 
                under this section on the basis of a total 
                contribution of section 306, 306A, and this 
                section so that, in aggregate, the match is 
                1:1.
  (d) Allocation of Grants to Qualified Local Entity.--
          (1) In general.--With the approval of the Secretary, 
        the eligible coastal state may allocate to a qualified 
        local entity amounts received by the state under this 
        section.
          (2) Assurances.--A coastal state shall ensure that 
        amounts allocated by the state under paragraph (1) are 
        used by the qualified local entity in furtherance of 
        the state's approved management program, specifically 
        furtherance of the coastal management objectives 
        specified in section 303(2) and the policies of this 
        Act.
  (e) Assistance.--The Secretary shall assist eligible coastal 
states and qualified local entities in identifying and 
obtaining from other Federal agencies technical and financial 
assistance in achieving the objectives set forth in subsection 
(a).

[SEC. 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 
[assistance] assistance, technology and methodology 
development, training and information transfer, resources 
assessment, and management-oriented 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.
  (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, [and 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.

           *       *       *       *       *       *       *

SEC. 312. REVIEW OF PERFORMANCE.

                            [16 U.S.C. 1458]

  (a) Evaluation of adherence with terms of grants.--The 
Secretary shall conduct a [continuing review of the 
performance] periodic review, no less frequently than every 5 
years, of the administration, implementation, and performance 
of coastal states with respect to coastal [management.] 
management programs. Each review shall include a written 
evaluation with an assessment and detailed findings concerning 
the extent to which the state [has implemented and enforced] 
has effectively administered, implemented, and enforced the 
program approved by the Secretary, [addressed 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 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 [shall, 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 [field.] 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 [shall 
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 
recipients.--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 
Secretary shall solicit nominations from coastal states and the 
National Sea Grant College Program.
  [(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--
          [(1) cash awards in an amount not to exceed $5,000 
        each;
          [(2) research grants; and
          [(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 [consists 
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 [public awareness and] 
                understanding of estuarine areas, and provide 
                suitable opportunities for [public 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 [research] Research, Education, and Resource 
Stewardship guidelines.--The Secretary shall develop guidelines 
for the [conduct 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 [coordinated research] 
        coordinated research, education, and resource 
        stewardship within the System;
          (2) the establishment of common [research] principles 
        and objectives to guide the development of [research 
        programs] research, education, and resource stewardship 
        programs within the System;
          (3) the identification of uniform [research] 
        methodologies which will ensure comparability of 
        [data,] information, the broadest application of 
        [research] results, and the maximum use of the System 
        for [research purposes;] research, education, and 
        resource stewardship purposes;
          (4) the establishment of performance standards upon 
        which the effectiveness of the [research 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 [research] 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 [research] community.
  (d) Promotion and Coordination of [Estuarine Research.--] 
Estuarine Research, Education, and Resource Stewardship._The 
Secretary shall take such action as is necessary to promote and 
coordinate the use of the System for [research purposes] 
research, education, and resource stewardship purposes 
including--
          [(1) requiring that the National Oceanic and 
        Atmospheric Administration, in conducting or supporting 
        estuarine research, give priority consideration to 
        research that uses the System; and]
          (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 
        [research.] 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 [reserve,] reserve; and
                          (ii) for purposes of operating or 
                        managing a national estuarine reserve 
                        [and constructing appropriate reserve 
                        facilities, or] including resource 
                        stewardship activities and constructing 
                        reserve facilities; and
                          [(iii) for purposes of conducting 
                        educational or interpretive activities; 
                        and
                  [(B) to any coastal state or public or 
                private person for purposes of supporting 
                research and monitoring within a national 
                estuarine reserve that are consistent with the 
                research guidelines developed under subsection 
                (c).]
                  (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 [therein 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) [and 
                (iii)] and paragraph (1)(B) may not exceed 70 
                percent of the costs incurred to achieve the 
                purposes described in those paragraphs with 
                respect to a reserve; except that the amount of 
                the financial assistance provided under 
                [paragraph (1)(A)(iii)] paragraph (1)(B) may be 
                up to 100 percent of any costs for activities 
                that benefit the [entire 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 
                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 [to the President for 
transmittal] to the Congress a report summarizing the 
administration of this title during each period of two 
consecutive fiscal years. Each report, which shall be 
transmitted to the Congress not later than April 1 of the year 
following the close of the biennial period to which it 
pertains, shall include, but not be restricted to--
          (1) an identification of the state programs approved 
        pursuant to this title during the preceding Federal 
        fiscal year and a description of those programs;
          (2) a listing of the states participating in the 
        provisions of this title and a description of the 
        status of each state's programs and its accomplishments 
        during the preceding Federal fiscal year;
          (3) an itemization of the allocation of funds to the 
        various coastal states and a breakdown of the major 
        projects and areas on which these funds were expended;
          (4) an identification of any state programs which 
        have been reviewed and disapproved, and a statement of 
        the reasons for such action;
          (5) a summary of evaluation findings prepared in 
        accordance with subsection (a) of section 312, and a 
        description of any sanctions imposed under subsections 
        (c) and (d) of section 312;
          (6) a listing of all activities and projects which, 
        pursuant to the provisions of subsection (c) or 
        subsection (d) of section 307, are not consistent with 
        an applicable approved state management program;
          (7) a summary of the regulations issued by the 
        Secretary or in effect during the preceding Federal 
        fiscal year;
          (8) a summary of a coordinated national strategy and 
        program for the Nation's coastal zone including 
        identification and discussion of Federal, regional, 
        state, and local responsibilities and functions 
        therein;
          (9) a summary of outstanding problems arising in the 
        administration of this title in order of priority;
          (10) a description of the economic, environmental, 
        and social consequences of energy activity affecting 
        the coastal [zone and an evaluation of the 
        effectiveness of financial assistance under section 308 
        in dealing with such consequences;] 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 [Secretary] 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. 
        [Not later than 1 year after the date of the enactment 
        of this subsection, the Secretary shall notify each 
        Federal agency having appropriate jurisdiction of any 
        conflict between its program and the purposes and 
        policies of this title identified as a result of such 
        review.] The Secretary, in conducting such a review, 
        shall coordinate with, and obtain the views of, 
        appropriate Federal agencies.
          (2) The Secretary [shall 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 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--
          [(1) for grants under sections 306, 306A, and 309--
                  [(A) $47,600,000 for fiscal year 1997;
                  [(B) $49,000,000 for fiscal year 1998; and
                  [(C) $50,500,000 for fiscal year 1999; and
          [(2) for grants under section 315--
                  [(A) $4,400,000 for fiscal year 1997;
                  [(B) $4,500,000 for fiscal year 1998; and
                  [(C) $4,600,000 for fiscal year 1999.]
          ``(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 [306 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 obligated by such State [during 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 
[under 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.

[SEC. 319. APPEALS TO THE SECRETARY.

                            [16 U.S.C. 1465]

  [(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--
          [(1) issue a final decision in the appeal; or
          [(2) publish a notice in the Federal Register 
        detailing why a decision cannot be issued within the 
        90-day period.
  [(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.
  [(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
                          ``(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.

                                  
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