U.S. GOVERNMENT PUBLISHING OFFICE

WASHINGTON : 

1 

69–010 

" ! SENATE 

114TH CONGRESS

2d Session 

REPORT

2016

114–399 

Calendar No. 724 

THE COASTAL COORDINATION ACT OF 2016 

R E P O R T 

OF THE

COMMITTEE ON COMMERCE, SCIENCE, AND 

TRANSPORTATION 

ON

S. 3038 

DECEMBER 9, 2016.—Ordered to be printed 


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(II) 

SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION 

ONE HUNDRED FOURTEENTH CONGRESS

SECOND SESSION

JOHN THUNE, South Dakota, Chairman 

ROGER F. WICKER, Mississippi BILL NELSON, Florida 

ROY BLUNT, Missouri MARIA CANTWELL, Washington 

MARCO RUBIO, Florida CLAIRE MCCASKILL, Missouri 

KELLY AYOTTE, New Hampshire AMY KLOBUCHAR, Minnesota 

TED CRUZ, Texas RICHARD BLUMENTHAL, Connecticut 

DEB FISCHER, Nebraska BRIAN SCHATZ, Hawaii 

JERRY MORAN, Kansas ED MARKEY, Massachusetts 

DAN SULLIVAN, Alaska CORY BOOKER, New Jersey 

RON JOHNSON, Wisconsin TOM UDALL, New Mexico 

DEAN HELLER, Nevada JOE MANCHIN, West Virginia 

CORY GARDNER, Colorado GARY PETERS, Michigan 

STEVE DAINES, Montana 

NICK ROSSI, Staff Director 

ADRIAN ARNAKIS, Deputy Staff Director 

JASON VAN BEEK, General Counsel 

KIM LIPSKY, Democratic Staff Director 

CHRISTOPHER DAY, Democratic Deputy Staff Director 

CLINT ODOM, Democratic General Counsel 


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1 ‘‘NOAA’s National Coastal Zone Management Program,’’ National Oceanic and Atmospheric 

Administration, accessed March 30, 2016, at https://coast.noaa.gov/czm. 

Calendar No. 724 

114TH CONGRESS REPORT " ! SENATE 2d Session 114–399 

THE COASTAL COORDINATION ACT OF 2016 

DECEMBER 9, 2016.—Ordered to be printed 

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

Transportation, submitted the following 

R E P O R T 

[To accompany S. 3038] 

The Committee on Commerce, Science, and Transportation, to 

which was referred the bill (S. 3038) to reauthorize the Coastal 

Zone Management Act of 1972, and for other purposes, having considered the same, reports favorably thereon with an amendment (in 

the nature of a substitute) and recommends that the bill (as 

amended) do pass. 

PURPOSE OF THE BILL

The purpose of S. 3038 is to reauthorize the Coastal Zone Management Act (CZMA) of 1972 (16 U.S.C. 1451 et seq.). The bill also 

would: outline new objectives for coastal states to address when applying for grants; encourage interstate and regional coordination of 

contiguous areas, shared resources, and interstate waters; allow for 

the expansion of several National Estuarine Research Reserves; 

and authorize the Secretary of Commerce (Secretary) to award 

grants to eligible entities to develop strategies and implement action plans to protect and restore the Gulf of Mexico ecosystem. 

BACKGROUND AND NEEDS

Coastal communities are home to almost 165 million people, support 70 million jobs, and contribute almost $9.5 trillion to the U.S. 

economy, accounting for 57 percent of the Nation’s economic output 

as of 2013.1 Congress recognized the importance of growth in the 

Nation’s coastal zones by passing the CZMA in 1972. It was last 


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2P.L. 109–58. 

3 Alaska Coastal Management Program Withdrawal From the National Coastal Management 

Program Under the Coastal Zone Management Act, 76 Fed. Reg. 39857, July 7, 2001, at, http: 

//www.gpo.gov/fdsys/pkg/FR-2011-07-07/html/2011-16987.html. 4Tim Bradner, ‘‘State’s Coastal Zone Management Authority to Expire This Month,’’ Alaska 

Journal of Commerce, June 3, 2011. 5 Ibid. 

6 Ibid. 

7 Ibid. 

8Tim Bradner, ‘‘Coastal management initiative fails by a heavy margin,’’ Alaska Journal of 

Commerce, August 30, 2012. 9Tim Bradner, ‘‘State’s Coastal Zone Management Authority to Expire This Month,’’ Alaska 

Journal of Commerce, June 3, 2011. 10Gordon Harrison, ‘‘Alaska’s Constitution: A Citizen’s Guide,’’ at http://w3.legis.state.ak.us/ 

docs/pdf/citizens—guide.pdf. 

amended in the Energy Policy Act of 2005.2 The Office for Coastal 

Management, administered by the National Oceanic and Atmospheric Administration (NOAA), provides for the management of the 

Nation’s coastal resources, including the Great Lakes. The Office 

oversees three national programs: the National Coastal Zone Management Program (including the Coastal Zone Enhancement Program and the Coastal Nonpoint Pollution Control Program) (Program); the National Estuarine Research Reserve System (NERRS); 

and the Coastal and Estuarine Land Conservation Program 

(CELCP). 

The Program is a voluntary partnership between the Federal 

Government and coastal and Great Lakes States and territories. 

Currently, 34 of the 35 eligible States and territories participate in 

the Program. 

Alaska participated in the Program from 1979 until 2011 when 

the State legislature did not extend its participation in the Program, which by Alaska State law required a periodic review by 

State lawmakers.3 When it was first established in 1978, Alaska’s 

participation in the Program was unusual compared to other 

States’ participation in the Program in that it was decentralized, 

allowing local coastal districts to adopt their own plans.4 Other 

States took a more centralized approach with the State government 

managing coastal management. The decentralized nature of Alaska’s original program made its administration cumbersome.5 In 

2003, Governor Frank Murkowski led the effort to centralize control within the Alaska State Department of Natural Resources 

rather than with the local communities.6 Oil and gas extraction 

groups supported the efficiency of the reforms, while local governments opposed the diminution of their prior influence over coastal 

zone management.7

In 2010, Alaska State legislators representing the rural areas of 

the State attempted to undo Governor Murkowski’s revisions and 

reinstate Alaska’s participation in the Program as it was originally 

conceived.8 The State legislation stalled because of a disagreement 

about the appropriate level of control between Governor Murkowski 

and the local coastal districts over coastal management decisions.9

As a matter of Alaska State law, because the special session ended 

without the Alaska legislature extending participation in the Program, its coastal program sunset, and Alaska withdrew from the 

Program under the CZMA. 

Alaska State law allows for its citizens to initiate legislation to 

be considered first by the State Legislature, and then, if not adopted, considered by a popular vote of its citizens.10 This process is reVerDate Sep 11 2014 04:39 Dec 13, 2016 Jkt 069010 PO 00000 Frm 00004 Fmt 6659 Sfmt 6602 E:\HR\OC\SR399.XXX SR399

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11Tim Bradner, ‘‘Coastal management initiative fails by a heavy margin,’’ Alaska Journal of 

Commerce, August 30, 2012. 12 ‘‘NOAA’s National Coastal Zone Management Program,’’ National Oceanic and Atmospheric 

Administration, accessed March 30, 2016, at https://coast.noaa.gov/czm. 13 ‘‘National Estuarine Research Reserve System,’’ National Oceanic and Atmospheric Administration, accessed April 12, 2016, at https://nerrs.noaa.gov/. 14 ‘‘NOAA’s National Coastal Zone Management Program,’’ National Oceanic and Atmospheric 

Administration, accessed March 30, 2016, at https://coast.noaa.gov/czm. 

ferred to as the indirect initiative. On January 17, 2012, supporters 

turned in 33,500 signatures to the Alaska Division of Elections office to propose an initiative to reestablish States’ coastal management program. The measure was not enacted by the State legislature during the 2012 session. It was presented to the voters on an 

August 2012 ballot, where the initiative failed to gain a majority 

of votes.11

The Program aims to balance competing land and water issues 

through State and territorial coastal management programs. A 

wide range of issues are addressed through the Program, including 

coastal development, water quality, public access, habitat protection, energy facility siting, ocean governance and planning, and 

coastal hazards. The Federal consistency component of the Program seeks to ensure that Federal actions with reasonably foreseeable effects on coastal uses and resources are consistent with the 

enforceable policies of a State’s approved coastal management program. This also applies to federally authorized and funded nonFederal actions. 

The Coastal Zone Enhancement Program provides incentives to 

States to enhance their State coastal management programs within 

nine key areas: wetlands; coastal hazards; public access; marine debris; cumulative and secondary impacts; special area management 

planning; ocean and Great Lakes resources; energy and government facility siting; and aquaculture. 

Lastly, the Coastal Nonpoint Pollution Control Program ensures 

that participating States have the necessary tools to prevent and 

control polluted runoff. Between 2011 and 2014, the Program protected over 18,750 acres of coastal habitat and restored over 12,000 

acres of degraded coastal habitat.12 Prior to amendments to the 

CZMA in 1990, the CZMA included a section to provide an interstate grant program and facilitate interstate agreements. With 

coastal development, there is now an increased need for interstate 

and regional coordination to effectively manage coastal uses and resources. S. 3038 would amend several sections of the CZMA to encourage coordinated management of shared resources. 

NERRS is a network of 28 coastal sites designated to protect and 

study estuarine systems.13 Established through the CZMA, the reserves represent a partnership program between NOAA and the 

coastal States. NOAA provides funding and national guidance, 

while each site is managed daily by a lead State agency or university with input from local partners. The research reserves cover 1.3 

million acres of estuaries and are focused on stewardship, research, 

training, and education.14 Topics covered include nonpoint source 

pollution, resilient communities, habitat restoration, and invasive 

species. Overall, the reserve systems serve as field laboratories that 

provide a greater understanding of estuaries and how humans impact them. 


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15 ‘‘Coastal and Estuarine Land Conservation Program,’’ National Oceanic and Atmospheric 

Administration, accessed April 12, 2016, at https://coast.noaa.gov/czm/landconservation. 16 Ibid. 

Directed by the Appropriations Committee of the Senate and the 

Appropriations Committee of the House of Representatives, a 2016 

Blue Ribbon Panel crafted a NERRS Recommendations Report 

highlighting current program status and needs of the system. Accordingly, NOAA is also working with its partners to develop a 

strategic plan to strengthen the system and guide future expansion. NOAA and the State of Hawaii will designate He’eia National 

Estuarine Research Reserve as the system’s 29th reserve. S. 3038 

contemplates the potential to expand and strengthen the system to 

account for changing conditions and novel research applications 

consistent with the Blue Ribbon panel and NOAA strategy. 

The CELCP provides matching funds to State and local governments to purchase threatened coastal and estuarine lands or obtain 

conservation easements.15 To be considered, the land must be important ecologically or possess other coastal conservation values 

such as historic features, scenic views, or recreational opportunities. Each year, subject to available funding which was last appropriated at $3 million in fiscal year (FY) 2012, NOAA runs a funding competition with two phases—a State and a national competition. NOAA initiates the competition by issuing a Federal funding 

opportunity notice that includes eligibility information, including 

who may apply, how many proposals each eligible coastal State or 

territory may submit, and how much funding may be requested for 

each project. To compete for funding, prospective projects must be 

in a State, trust territory, or commonwealth with a federally approved coastal zone management program or national estuarine research reserve. To date, this program has supported projects in 29 

States.16

Between 2004 and 2012, seven Regional Ocean Partnerships 

were established among governors of States with shared regional 

marine resources. Established in 2004, the Gulf of Mexico Alliance 

(GOMA) was the first Regional Ocean Partnership, and focuses on 

issues that relate to the shared marine resource interests of Florida, Alabama, Mississippi, Louisiana, and Texas. Current GOMA 

priorities include coastal resilience, data and monitoring, education 

and engagement, habitat, water resources, wildlife, and fisheries. 

GOMA represents the kind of collaboration of resource management envisioned by the CZMA. S. 3038 would further encourage 

interstate and regional cooperation in managing coastal zone uses 

and resources. 

SUMMARY OF PROVISIONS

If enacted, S. 3038 would do the following: 

• Reauthorize CZMA through FY 2021. 

• Outline new objectives for coastal States to address when 

applying for grants such as interstate water resource and management planning and oil spill response. 

• Encourage interstate and regional coordination of contiguous areas, shared resources, and interstate waters. 


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• Allow for the expansion of several National Estuarine Research Reserves such as the Guana-Tolomato Matanzas reserve, the Rookery Bay Reserve, and the Apalachicola Reserve. 

• Authorize the Secretary of Commerce to award grants to 

eligible entities to develop strategies and implement action 

plans to protect and restore the Gulf of Mexico ecosystem. 

LEGISLATIVE HISTORY

S. 3038 was introduced on June 9, 2016, by Senators Nelson and 

Wicker. The CZMA was last amended through the Energy Policy 

Act of 2005 (P.L. 109–58). 

On June 15, 2016, the Committee met in open Executive Session 

and, by a voice vote, ordered S. 3038 reported favorably with an 

amendment (in the nature of a substitute). 

Amendments were offered by Senators Booker and Schatz – both 

were accepted. The amendment offered by Senator Schatz would 

add any production, transportation, transfer, or storage of renewable energy to the list of energy facilities. Renewable energy would 

not be prioritized over pre-existing forms of energy facilities such 

as electric generating plants, petroleum plants, and oil and gas 

plants. The amendment as modified by Senator Booker would direct the Secretary of Commerce to promote the use of the NERRS 

systems for research by line offices of NOAA. It also would direct 

the Secretary of Commerce to consult with representatives of the 

Office of Oceanic and Atmospheric Research (OAR), the National 

Ocean Service (NOS), the National Marine Fisheries Service 

(NMFS), appropriate industries, Non Governmental Organizations, 

universities, and other Federal, State, and local partners to assess 

opportunities to better integrate research and habitat management. 

Lastly, it would require the Secretary of Commerce to include in 

the report required under this title a summary of the consultations 

between the representatives listed above. 

ESTIMATED COSTS

In accordance with paragraph 11(a) of rule XXVI of the Standing 

Rules of the Senate and section 403 of the Congressional Budget 

Act of 1974, the Committee provides the following cost estimate, 

prepared by the Congressional Budget Office: 

S. 3038—Coastal Coordination Act of 2016 

Summary: S. 3038 would reauthorize the Coastal Zone Management Act of 1972 (CZMA), which governs federal and state environmental management of coastal areas. The bill would authorize appropriations for grants to state and local governments and other 

coastal zone management programs administered by the National 

Oceanic and Atmospheric Administration (NOAA). The bill also 

would authorize NOAA, in consultation with Texas, Louisiana, Mississippi, Alabama, and Florida, to create programs for the conservation and restoration of the Gulf of Mexico ecosystem. 

CBO estimates that implementing S. 3038 would cost $423 million over the 2017–2021 period, assuming appropriation of the authorized amounts. Enacting S. 3038 would not affect direct spending or revenues; therefore, pay-as-you-go procedures do not apply. 


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CBO estimates that enacting S. 3038 would not increase net direct spending or on-budget deficits in any of the four consecutive 

10-year periods beginning in 2027. 

S. 3038 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act (UMRA) 

and would impose no costs on state, local, or tribal governments. 

Estimated cost to the Federal Government: The estimated budgetary effect of S. 3038 is shown in the following table. The costs 

of this legislation fall within budget function 300 (natural resources 

and environment). 

By fiscal year, in millions of dollars— 

2017 2018 2019 2020 2021 2017– 

22021 

INCREASES IN SPENDING SUBJECT TO APPROPRIATION 

Coastal Zone Management Grants: 

Authorization Level .............................................................. 80 80 80 80 80 400 

Estimated Outlays ............................................................... 24 44 60 72 80 280 

National Estuarine Research Grants: 

Authorization Level .............................................................. 25 25 25 25 25 125 

Estimated Outlays ............................................................... 20 24 25 25 25 119 

Gulf of Mexico Coordination Programs: 

Authorization Level .............................................................. 5 5 5 5 5 25 

Estimated Outlays ............................................................... 4 5 5 5 5 24 

Total Costs: 

Authorization Level ..................................................... 110 110 110 110 110 550 

Estimated Outlays ...................................................... 48 73 90 102 110 423 

Basis of estimate: CBO assumes S. 3038 will be enacted near the 

start of 2017 and that the necessary amounts will be appropriated 

for each fiscal year. Estimated outlays are based on historical 

spending patterns for similar programs. In 2015, NOAA allocated 

about $65 million to all Coastal Zone Management activities, including Coastal Zone Management grants and National Estuarine 

Research grants. 

The bill would authorize the appropriation of $80 million annually through 2021 for NOAA to award grants to manage, preserve, 

and restore coastal wetlands. CBO estimates that those grants 

would cost $280 million over the 2017–2021 period with the remainder being spent after 2021. 

S. 3038 also would authorize the appropriation of $25 million annually through 2021 for NOAA to award grants to states and private entities to fund research on estuaries. CBO estimates that 

those grants would cost $119 million over the 2017–2021 period. 

Finally, S. 3038 would authorize the appropriation of $5 million 

annually for NOAA to coordinate with Texas, Louisiana, Mississippi, Alabama, and Florida to develop and implement programs 

to restore and conserve the Gulf of Mexico ecosystem. Those programs would include methods to improve water quality, protect living resources, improve wildlife habitats, and otherwise strengthen 

the gulf’s ecosystem. CBO estimates that implementing that program would cost $24 million over the 2017–2021 period. 

Pay-as-you-go considerations: None. 

Increase in long-term direct spending and deficits: CBO estimates that enacting the legislation would not increase net direct 

spending or on-budget deficits in any of the four consecutive 10- 

year periods beginning in 2027. 


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Intergovernmental and private-sector impact: S. 3038 contains no 

intergovernmental or private-sector mandates as defined in UMRA 

and would benefit coastal states and local governments by authorizing federal grants and technical assistance for coastal management programs. Any costs incurred by those entities, including 

matching contributions, would result from participation in voluntary federal programs. 

Estimate prepared by: Federal Costs: Robert Reese; Impact on 

State, Local, and Tribal Governments: Jon Sperl; Impact on the 

Private Sector: Amy Petz. 

Estimate approved by: H. Samuel Papenfuss, Deputy Assistant 

Director for Budget Analysis. 

REGULATORY IMPACT

In accordance with paragraph 11(b) of rule XXVI of the Standing 

Rules of the Senate, the Committee provides the following evaluation of the regulatory impact of the legislation, as reported: 

NUMBER OF PERSONS COVERED

S. 3038, as reported, does not create any new programs or impose any new regulatory requirements, and therefore would not 

subject any individuals or businesses to new regulations. 

ECONOMIC IMPACT

The legislation is not expected to have a negative impact on the 

Nation’s economy. 

PRIVACY

The reported bill is not expected to impact the personal privacy 

of individuals. 

PAPERWORK

S. 3038 would require the Secretary of Commerce to submit to 

Congress a report summarizing the administration of this title during each period of 5 consecutive FYs. 

CONGRESSIONALLY DIRECTED SPENDING

In compliance with paragraph 4(b) of rule XLIV of the Standing 

Rules of the Senate, the Committee provides that no provisions 

contained in the bill, as reported, meet the definition of congressionally directed spending items under the rule. 

SECTION-BY-SECTION ANALYSIS

Section 1. Short title; table of contents; references. 

This section would provide the short title of the bill, ‘‘the Coastal 

Coordination Act of 2016.’’ It also contains a table of contents for 

the bill, and references that amendments or repeals refer to the 

CZMA. 


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Title I – Coastal Zone Management Act of 1972 amendments 

Section 101. Congressional findings. 

This section would amend findings in section 302 of the CZMA 

(16 U.S.C. 1451) about the national interest in coastal zones to include coastal resilience. It also would include tourism and non-mineral energy development coastal uses. The findings would emphasize that local government and coordination are important to protecting State coastal interests. 

Section 102. Definitions. 

This section would amend several definitions in section 304 of 

the CZMA (16 U.S.C. 1453) such as ‘‘estuary’’ to reflect the current 

science. The definition of a ‘‘coastal resource of national significance’’ would be amended to include resources with research, geological, hydrological, ecological, water quality, and flood risk reduction value. It also would add a definition for the term ‘‘working waterfront’’ as the land, infrastructure, and waterways used for a 

water-dependent activity. 

Section 103. Coastal resource improvement program. 

This section would amend the Coastal Resource Improvement 

Program under section 306A of the CZMA (16 U.S.C. 1455a) to add 

objectives regarding the preservation or redevelopment of working 

waterfronts, and the development of a coordinated process to maximize the efficiency of processing permits related to activities in the 

coastal zone. 

Section 104. Coordination and cooperation. 

This section would add a subsection to section 307 of the CZMA 

(16 U.S.C. 1456) on interstate and regional coordination to the Federal consistency provisions. Before amendment in 1990, the law 

contained language to facilitate interstate agreements under a section for an interstate grant program that was stricken. To reestablish interstate coordination, the amendment made by this section 

would encourage States to prioritize coordinating coastal zone policies in a way that does not negatively impact another State’s coastal zone and establish an effective mechanism to resolve mutual 

interstate or regional problems that affect the coastal zone such as 

water quantity or quality across watersheds. To facilitate State coordination, the amendment made by this section would authorize 

interstate compacts for management of each State’s coastal zone 

and shared interstate resources. The amendment made by this section also would allow the Secretary of Commerce to provide nonbinding mediation for a serious disagreement between two or more 

willing ‘‘coastal states.’’ 

Section 105. Coastal zone enhancement grants. 

This section would amend the coastal zone enhancement grants 

under section 309 of the CZMA (16 U.S.C. 1436) by adding specified purposes, including interstate water resource planning and impacts of oil spills or other accidents resulting from Outer Continental Shelf energy activities. The amendment would specify that 

section 309 grants are direct allocations per State based on the exVerDate Sep 11 2014 04:39 Dec 13, 2016 Jkt 069010 PO 00000 Frm 00010 Fmt 6659 Sfmt 6602 E:\HR\OC\SR399.XXX SR399

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isting formula, minimums, and maximums, ensuring that the fiscal 

and technical needs of the coastal states are accounted for. 

Section 106. National estuarine research reserve system. 

This section would amend the NERRS under section 315 of the 

CZMA (16 U.S.C. 1461) by authorizing the Secretary to evaluate 

whether to expand the Guano-Tolomato Matanzas reserve, the 

Rookery Bay reserve, and the Apalachicola reserve. Additionally, 

the amendment made by this section would require the Secretary 

to provide recommendations to the NERRS system to address any 

deficiencies. It also would authorize the NERRS program to accept 

private or non-profit donations to carry out research, stewardship, 

and education at the reserves. 

Section 107. Coastal zone management reports. 

This section would amend section 316 of the CZMA (16 U.S.C. 

1462) to require the Secretary to report to Congress on the program once every 5 years instead of on a biennial basis. 

Section 108. Technical and conforming amendments. 

This section would amend several sections of the CZMA to correct technical errors in that Act. 

Section 109. Authorization of appropriations. 

This section would amend section 318 of the CZMA (16 U.S.C. 

1464) and authorize appropriations for the CZMA from FY 2017 to 

FY 2021 with $80 million for the section 306, 306A, and 309 grant 

programs, and $25 million for the section 315 NERRS. 

Title II – Gulf of Mexico regional coordination 

Section 201. Sense of Congress. 

This section would list findings regarding protection and restoration efforts in the Gulf of Mexico at the Federal, State, and local 

levels. It would express the congressional desire for consistency and 

coordination among Gulf of Mexico restoration efforts. 

Section 202. Purposes. 

This section would list the major purposes of the title, including 

to expand and strengthen cooperative voluntary efforts to conserve 

and restore the Gulf of Mexico, and to coordinate Federal and State 

actions relating to the management of the Gulf of Mexico ecosystem. 

Section 203. Gulf of Mexico regional coordination. 

This section would authorize the Secretary of Commerce to 

award grants to eligible entities to develop strategies and implement action plans to protect and restore the Gulf of Mexico ecosystem, and authorize the formal collaboration of Federal, State, 

local, and private participants in the five Gulf States as partners 

on environmental issues affecting the Gulf of Mexico. This section 

would define the ‘‘Gulf of Mexico Alliance’’ as the nonoregulatory, 

inclusive network of partners established in 2004 and ‘‘eligible entities’’ as a consortium of four or more States that have a shoreline 

on the Gulf of Mexico. 


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Section 204. Authorization of appropriations. 

This section would authorize $5,000,000 to carry out this title for 

FY 2017 through FY 2021. 

Title III – Coastal zone impacts 

Section 301. Agency consultations regarding coastal zone impacts. 

This section would update the Fish and Wildlife Coordination Act 

(16 U.S.C. 661 et seq.) to reflect the authorities of current Federal 

agencies and laws. This section would add NOAA, the Department 

of Commerce, and ‘‘the head of any potentially impacted ‘coastal 

state’’’ to the list of entities to be consulted under that Act. It also 

would allow for an impacted ‘‘coastal state’’ to provide recommendations to mitigate impacts to fisheries, wildlife, and wildlife resources. The definition of ‘‘wildlife’’ and ‘‘wildlife resources’’ would 

include fisheries as defined in section 3 the Magnuson-Stevens 

Fishery Conservation and Management Act (16 U.S.C. 1802). 

CHANGES IN EXISTING LAW

In compliance with paragraph 12 of rule XXVI of the Standing 

Rules of the Senate, changes in existing law made by the bill, as 

reported, are shown as follows (existing law proposed to be omitted 

is enclosed in black brackets, new material is printed in italic, existing law in which no change is proposed is shown in roman): 

COASTAL ZONE MANAGEMENT ACT OF 1972 

[16 U.S.C. 1451 et seq.] 

SEC. 302. CONGRESSIONAL FINDINGS. 

[16 U.S.C. 1451] 

The Congress finds that— 

ø(a)¿(1) There is a national interest øin the effective management, beneficial use, protection, and development of the coastal 

zone¿ in the effective management, beneficial use, protection, development, and resilience of the coastal zone and coastal natural resources. 

ø(b)¿(2) The coastal zone is rich in a variety of natural, commercial, recreational, ecological, industrial, and esthetic resources of 

immediate and potential value to the present and future well-being 

of the Nation. 

ø(c)¿(3) The increasing and competing demands upon the lands 

and waters of our coastal zone occasioned by population growth 

and economic development, including requirements for øindustry, 

commerce, residential development, recreation, extraction of mineral resources and fossil fuels, transportation and navigation, 

waste disposal, and harvesting of fish, shellfish, and other living 

marine resources¿ industry, commerce, development, tourism, recreation, extraction of mineral resources, energy development, transportation and navigation, waste disposal, and harvesting of fish, shellfish, and other living marine resources, have resulted in the loss of 

living marine resources, wildlife, nutrient-rich areas, permanent 

and adverse changes to ecological systems, decreasing open space 

for public use, and shoreline erosion. 


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ø(d)¿(4) The habitat areas of the coastal zone, and the fish, shellfish, other living marine resources, and wildlife therein, are ecologically fragile and consequently extremely vulnerable to destruction by man’s alterations. 

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

citizens are being irretrievably damaged or lost. 

ø(f)¿(6) New and expanding demands for food, energy, minerals, 

defense needs, recreation, waste disposal, transportation, and industrial activities in the Great Lakes, territorial sea, exclusive economic zone, and Outer Continental Shelf are placing stress on 

these areas and are creating the need for resolution of serious conflicts among important and competing uses and values in coastal 

and ocean watersø;¿. ø(g)¿(7) Special natural and scenic characteristics are being damaged by ill-planned development that threatens these values. 

ø(h)¿(8) In light of competing demands and the urgent need to 

protect and to give high priority to natural systems in the coastal 

zone, present østate¿ State and local institutional arrangements for 

planning and regulating land and water uses in such areas are inadequate. 

ø(i)¿(9) The key to more effective protection and use of the land 

and water resources of the coastal zone is to encourage the østates 

to exercise their full authority over the lands and waters in the 

coastal zone by assisting the states, in cooperation with Federal 

and local governments and other vitally affected interests¿ States 

to exercise their full authority over the lands and waters in the 

coastal zone by assisting the States, in cooperation with Federal 

agencies and with the participation of and coordination with local 

governments and other vitally affected interests, in developing land 

and water use programs for the coastal zone, including unified policies, criteria, standards, methods, and processes for dealing with 

land and water use decisions of more than local significance. 

ø(j)¿(10) The national objective of attaining a greater degree of 

energy self-sufficiency would be advanced by providing Federal financial assistance to meet østate¿ State and local needs resulting 

from new or expanded energy activity in or affecting the coastal 

zone. 

ø(k)¿(11) Land uses in the coastal zone, and the uses of adjacent 

lands which drain into the coastal zone, may significantly affect the 

quality of coastal waters and habitats, and efforts to control coastal 

water pollution from land use activities must be improved. 

ø(l)¿(12) Because global warming may result in a substantial sea 

level rise with serious adverse effects in the coastal zone, coastal 

states must anticipate and plan for such an occurrence. 

ø(m)¿(13) Because of their proximity to and reliance upon the 

ocean and its resources, the coastal states have substantial and significant interests in the protection, management, and development 

of the resources of the exclusive economic zone that can only be 

served øby the active participation of coastal states in all Federal 

programs affecting such resources¿ by the active participation and 

coordination in all Federal programs and activities affecting such 

resources and, wherever appropriate, by the development of østate 

ocean¿ State ocean resource plans as part of their Federally approved coastal zone management programs. 


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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 østates¿ States to exercise effectively their responsibilities in the coastal zone through the 

development and implementation of management programs to 

achieve wise use of the land and water resources of the coastal 

zone, giving full consideration to ecological, cultural, historic, 

and esthetic values as well as the needs for compatible economic development, which programs should at least provide 

for— 

(A) the protection of natural resources, including wetlands, floodplains, estuaries, beaches, dunes, barrier islands, coral reefs, and fish and wildlife and their habitat, 

within the coastal zone, 

(B) the management of coastal development to minimize 

the loss of life and property caused by improper development in flood-prone, storm surge, geological hazard, and 

erosion-prone areas and in areas likely to be affected by or 

vulnerable to sea level rise, land subsidence, and saltwater 

intrusion, and by the destruction of natural protective features such as beaches, dunes, wetlands, and barrier 

islandsø.¿, (C) the management of coastal development to improve, 

safeguard, and restore the quality of coastal waters, and to 

protect natural resources and existing uses of those 

waters, 

(D) priority consideration being given to coastal-dependent uses and orderly processes for siting major facilities related to national defense, energy, fisheries development, 

recreation, ports and transportation, and the location, to 

the maximum extent practicable, of new commercial and 

industrial developments in or adjacent to areas where such 

development already exists, 

(E) public access to the coasts for recreation purposes, 

(F) assistance in the redevelopment of deteriorating 

urban waterfronts and ports, and sensitive preservation 

and restoration of historic, cultural, and esthetic coastal 

features, 

(G) the coordination and simplification of procedures in 

order to ensure expedited governmental decisionmaking 

for the management of coastal resources, 

(H) continued consultation and coordination with, and 

the giving of adequate consideration to the views of, affected Federal agencies, 

(I) the giving of timely and effective notification of, and 

opportunities for public and local government participation 

in, coastal management decisionmaking, 

(J) assistance to support comprehensive planning, conservation, and management for living marine resources, 

including planning for the siting of pollution control and 

aquaculture facilities within the coastal zone, and imVerDate Sep 11 2014 04:39 Dec 13, 2016 Jkt 069010 PO 00000 Frm 00014 Fmt 6659 Sfmt 6602 E:\HR\OC\SR399.XXX SR399

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proved coordination between State and Federal coastal 

zone management agencies and State and wildlife agencies, and 

(K) the study and development, in any case in which the 

Secretary considers it to be appropriate, of plans for addressing the adverse effects upon the coastal zone of land 

subsidence and of sea level rise; and 

(3) to encourage the preparation of special area management 

plans which provide for increased specificity in protecting significant natural resources, reasonable coastal-dependent economic growth, improved protection of life and property in hazardous areas, including those areas likely to be affected by 

land subsidence, sea level rise, or fluctuating water levels of 

the Great Lakes, and improved predictability in governmental 

decisionmaking; 

(4) to encourage the participation and cooperation of the public, østate¿ State and local governments, and interstate and 

other regional agencies, as well as of the Federal agencies having programs affecting the coastal zone, in carrying out the 

purposes of this title; 

(5) to encourage coordination and cooperation with and 

among the appropriate Federal, State, and local agencies, and 

international organizations where appropriate, in collection, 

analysis, synthesis, and dissemination of coastal management 

information, research results, and technical assistance, to support State and Federal regulation of land use practices affecting the coastal and ocean resources of the United States; and 

(6) to respond to changing circumstances affecting the coastal environment and coastal resource management by encouraging States to consider such issues as ocean uses potentially 

affecting the coastal zone. 

SEC. 304. DEFINITIONS. 

[16 U.S.C. 1453] 

For the purposes of this title— 

(1) The term ‘‘coastal zone’’ means the coastal waters (including the lands therein and thereunder) and the adjacent 

shorelands (including the waters therein and thereunder), 

strongly influenced by each other and in proximity to the 

shorelines of the several coastal states, and includes islands, 

transitional and intertidal areas, salt marshes, wetlands, and 

beaches. The zone extends, in Great Lakes waters, to the international boundary between the United States and Canada and, 

in other areas, seaward to the outer limit of State title and 

ownership under the Submerged Lands Act (43 U.S.C. 1301 et 

seq.), the Act of March 2, 1917 (48 U.S.C. 749), the Covenant 

to Establish a Commonwealth of the Northern Mariana Islands 

in Political Union with the United States of America, as approved by the Act of March 24, 1976 (48 U.S.C. 1681 note), or 

section 1 of the Act of November 20, 1963 (48 U.S.C. 1705), as 

applicable. The zone extends inland from the shorelines only to 

the extent necessary to control shorelands, the uses of which 

have a direct and significant impact on the coastal waters, and 

to control those geographical areas which are likely to be affected by or vulnerable to sea level rise. Excluded from the 

coastal zone are lands the use of which is by law subject solely 


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14 

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, øif any such area is determined by a coastal state to be of substantial biological or natural storm protective value¿ if any such area is determined by 

a coastal state, alone or in combination with other such areas, 

to be of substantial biological, research, geological, 

hydrological, natural, ecological, storm protective, water quality, or flood risk protective value. (3) The term ‘‘coastal waters’’ means (A) in the Great Lakes 

area, the waters within the territorial jurisdiction of the 

United States consisting of the Great Lakes, their connecting 

waters, harbors, roadsteads, and estuary-type areas such as 

bays, shallows, and marshes and (B) in other areas, those 

waters, adjacent to the shorelines, which contain a measurable 

quantity or percentage of sea water, including, but not limited 

to, sounds, bays, lagoons, bayous, ponds, and estuaries. 

(4) The term ‘‘coastal state’’ means a state of the United 

States in, or bordering on, the Atlantic, Pacific, or Arctic 

Ocean, the Gulf of Mexico, Long Island Sound, or one or more 

of the Great Lakes. For the purposes of this title, the term also 

includes Puerto Rico, the Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, and the Trust Territories of the Pacific Islands, and American Samoa. 

(5) The term ‘‘coastal energy activity’’ means any of the following activities if, and to the extent that (A) the conduct, support, or facilitation of such activity requires and involves the 

siting, construction, expansion, or operation of any equipment 

or facility; and (B) any technical requirement exists which, in 

the determination of the Secretary, necessitates that the siting, 

construction, expansion, or operation of such equipment or facility be carried out in, or in close proximity to, the coastal 

zone of øany coastal state¿ any State; 

(i) Any outer Continental Shelf energy activity. 

(ii) Any transportation, conversion, treatment, transfer, or storage of liquefied natural gas. 

(iii) Any transportation, transfer, or storage of oil, 

natural gas, or coal (including, but not limited to, by 

means of any deepwater port, as defined in section 

3(10) of the Deepwater Port Act of 1974 (33 U.S.C. 

1502(10)). 

(iv) Any production, transportation, transfer, or storage of renewable energy. 

For purposes of this paragraph, the siting, construction, expansion, or operation of any equipment or facility shall be ‘‘in 

close proximity to’’ the coastal zone of øany coastal state¿ any 

State if such siting, construction, expansion, or operation has, 

or is likely to have, a significant effect on such coastal zone. 

ø(6) The term ‘‘energy facilities’’ means any equipment or facility which is or will be used primarily— 

ø(A) in the exploration for, or the development, production, conversion, storage, transfer, processing, or transportation of, any energy resource; or 


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ø(B) for the manufacture, production, or assembly of 

equipment, machinery, products, or devices which are involved in any activity described in subparagraph (A). 

øThe term includes, but is not limited to (i) electric generating plants; (ii) petroleum refineries and associated facilities; 

(iii) gasification plants; (iv) facilities used for the transportation, conversion, treatment, transfer, or storage of liquefied 

natural gas; (v) uranium enrichment or nuclear fuel processing 

facilities; (vi) oil and gas facilities, including platforms, assembly plants, storage depots, tank farms, crew and supply bases, 

and refining complexes; (vii) facilities including deepwater 

ports, for the transfer of petroleum; (viii) pipelines and transmission facilities; and (ix) terminals which are associated with 

any of the foregoing.¿ 

(6) The term ‘‘energy facilities’’— 

(A) means any equipment or facility which is or will be 

used primarily— 

(i) in the exploration for, or the development, production, conversion, storage, transfer, processing, or transportation of, any energy or renewable energy resource; 

or 

(ii) for the manufacture, production, or assembly of 

equipment, machinery, products, or devices which are 

involved in any activity described in clause (i); and 

(B) includes— 

(i) electric generating plants; 

(ii) petroleum refineries and associated facilities; 

(iii) gasification plants; 

(iv) facilities used for the transportation, conversion, 

treatment, transfer, or storage of liquefied natural gas; 

(v) uranium enrichment or nuclear fuel processing 

facilities; 

(vi) oil and gas facilities, including platforms, assembly plants, storage depots, tank farms, crew and 

supply bases, and refining complexes; 

(vii) facilities including deepwater ports, for the 

transfer of petroleum; 

(viii) facilities for the production, transportation, 

transfer, or storage of renewable energy; 

(ix) pipelines and transmission facilities; and 

(x) terminals which are associated with any of the 

foregoing. 

ø(6a)¿(7) øThe¿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 øland and water uses¿ land uses and 

water uses and natural resources in the coastal zone. 

ø(7)¿(8) The term ‘‘estuary’’ means that part of a river or 

stream or other body of water having unimpaired connection 

with the open sea, where the sea water is measurably diluted 

with fresh water derived øfrom land drainage¿ from land 

drainage, or where there is tidal influence without regard to salinity. The term includes estuary-type areas of the Great 

Lakes. 


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ø(8)¿(9) The term ‘‘estuarine sanctuary’’ means a research 

area which may include any part or all of an estuary and any 

island, transitional area, and upland in, adjoining, or adjacent 

to such estuary, and which constitutes to the extent feasible a 

natural unit, set aside to provide scientists and students the 

opportunity to examine over a period of time the ecological relationships within the area. 

ø(9)¿(10) The term ‘‘Fund’’ means the Coastal Zone Management Fund established under section 308(b). 

ø(10)¿(11) The term ‘‘land use’’ means activities which are 

conducted in, or on the shorelands within, the coastal zone, 

subject to the requirements outlined in section 307(g). 

ø(11)¿(12) The term ‘‘local government’’ means any political 

subdivison of, or any special entity created by, any coastal 

state which (in whole or part) is located in, or has authority 

over, such østate’s¿ State’s coastal zone and which (A) has authority to levy taxes, or to establish and collect user fees, or (B) 

provides any public facility or public service which is financed 

in whole or part by taxes or user fees. The term includes, but 

is not limited to, any school district, fire district, transportation 

authority, and any other special purpose district or authority. 

ø(12)¿(13) The term ‘‘management program’’ includes, but is 

not limited to, a comprehensive statement in words, maps, illustrations, or other media of communication, prepared and 

adopted by the østate¿ State in accordance with the provisions 

of this title, setting forth objectives, policies, and standards to 

guide public and private uses of lands and waters in the coastal zone. 

ø(13)¿(14) The term ‘‘outer Continental Shelf energy activity’’ 

means any exploration for, or any development or production 

of, oil or natural gas from the outer Continental Shelf (as defined in section 2(a) of the Outer Continental Shelf Lands Act 

(43 U.S.C. 1331(a))), or the siting, construction, expansion, or 

operation of any new or expanded energy facilities directly required by such exploration, development, or production. 

ø(14)¿(15) The term ‘‘person’’ means any individual; any corporation, partnership, association, or other entity organized or 

existing under the laws of any østate¿ State; the Federal Government; any state, regional, or local government; or any entity 

of any such Federal, østate¿ State, regional, or local government. 

ø(15)¿(16) The term ‘‘public facilities and public services’’ 

means facilities or services which are financed, in whole or in 

part, by any østate¿ State or political subdivision thereof, including, but not limited to, highways and secondary roads, 

parking, mass transit, docks, navigation aids, fire and police 

protection, water supply, waste collection and treatment (including drainage), schools and education, and hospitals and 

health care. Such term may also include any other facility or 

service so financed which the Secretary finds will support increased population. 

(17) The term ‘‘renewable energy’’ means any energy that has 

recently originated from the sun, including direct and indirect 

solar radiation and intermediate solar energy forms, such as 

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dropower, photovoltaic energy, products of photosynthetic processes, organic wastes, and others. 

ø(16)¿(18) The term ‘‘Secretary’’ means the Secretary of Commerce. 

ø(17)¿(19) The term ‘‘special area management plan’’ means 

a comprehensive plan providing for natural resource protection 

and reasonable coastal-dependent economic growth containing 

a detailed and comprehensive statement of policies; standards 

and criteria to guide public and private uses of lands and 

waters; and mechanisms for timely implementation in specific 

geographic areas within the coastal zone. 

ø(18)¿(20) The term ‘‘water use’’ means a use, activity, or 

project conducted in or on waters within the coastal zone. 

(21) The term ‘‘working waterfront’’ means waterfront lands, 

waterfront infrastructure, and waterways that are used for a 

water-dependent commercial activity. 

SEC. 306. ADMINISTRATIVE GRANTS. 

[16 U.S.C. 1455] 

* * * * * * * 

(d) MANDATORY ADOPTION OF STATE MANAGEMENT PROGRAM FOR

COASTAL ZONE.—Before approving a management program submitted by a coastal state, the Secretary shall find the following: 

(1) The State has developed and adopted a management program for its coastal zone in accordance with rules and regulations promulgated by the Secretary, after notice, and with the 

opportunity of full participation by relevant Federal agencies, 

State agencies, local governments, regional organizations, port 

authorities, and other interested parties and individuals, public and private, which is adequate to carry out the purposes of 

this title and is consistent with the policy declared in section 

303. 

(2) The management program includes each of the following 

required program elements: 

(A) An identification of the boundaries of the coastal 

zone subject to the management program. 

(B) A definition of what shall constitute permissible land 

uses and water users within the coastal zone which have 

a direct and significant impact on the coastal waters. 

(C) An inventory and designation of areas of particular 

concern within the coastal zone. 

(D) An identification of the means by which the State 

proposes to exert control over the land uses and water uses 

referred to in subparagraph (B), including a list of relevant 

State constitutional provisions, laws, regulations, and judicial decisions. 

(E) Broad guidelines on priorities of uses in particular 

areas, including specifically those uses of lowest priority. 

(F) A description of the organizational structure proposed to implement such management program, including 

the responsibilities and interrelationships of local, 

areawide, State, regional, and interstate agencies in the 

management process. 

(G) A definition of the term ′′beach′′ and a planning process for the protection of, and access to, public beaches and 


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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. 


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(6) The Governor of the State has designated a single State 

agency to receive and administer grants for implementing the 

management program. 

(7) The State is organized to implement the management 

program. 

(8) The management program provides for adequate consideration of the national interest involved in planning for, and 

managing the coastal zone, including the siting of facilities 

such as energy facilities which are of greater than local significance. In the case of energy facilities, the Secretary shall find 

that the State has given consideration to any applicable national or interstate energy plan or program. 

(9) The management program includes procedures whereby 

specific areas may be designated for the purpose of preserving 

or restoring them for their conservation, recreational ecological, historical, or esthetic values. 

(10) The State, acting through its chosen agency or agencies 

(including local governments, areawide agencies, regional agencies, or interstate agencies) has authority for the management 

of the coastal zone in accordance with the management program. Such authority shall include power— 

(A) to administer land use and water use regulations to 

control development, to ensure compliance with the management program, and to resolve conflicts among competing uses; and 

(B) to acquire fee simple and less than fee simple interests in land, waters, and other property through condemnation or other means when necessary to achieve conformance with the management program. 

(11) The management program provides for any one or a 

combination of the following general techniques for control of 

land uses and water uses within the coastal zone: 

(A) State establishment of criteria and standards for 

local implementation, subject to administrative review and 

enforcement. 

(B) Direct State land and water use planning and regulation. 

(C) State administrative review for consistency with the 

management program of all development plans, projects, 

or land and water use regulations, including exceptions 

and variances thereto, proposed by any State or local authority or private developer, with power to approve or disapprove after public notice and an opportunity for hearings. 

(12) The management program contains a method of assuring that local land use and water use regulations within the 

coastal zone do not unreasonably restrict or exclude land uses 

and water uses of regional benefit. 

(13) The management program provides for— 

(A) the inventory and designation of areas that contain 

one or more coastal resources of national significance; and 

(B) specific and enforceable standards to protect such resources. 


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(14) The management program provides for public participation in permitting processes, consistency determinations, and 

other similar decisions. 

(15) The management program provides a mechanism to ensure that all State agencies will adhere to the program. 

(16) The management program contains enforceable policies 

and mechanisms to implement the applicable requirements of 

the Coastal Nonpoint Pollution Control Program of the State 

required by section 6217 of the Coastal Zone Act Reauthorization Amendments of 1990. 

* * * * * * * 

SEC. 306A. COASTAL RESOURCE IMPROVEMENT PROGRAM. 

[16 U.S.C. 1455a] 

(a) DEFINITIONS.—For purposes of this section— 

(1) The term ‘‘eligible coastal state’’ means a coastal state 

that for any fiscal year for which a grant is applied for under 

this section— 

(A) has a management program approved under section 

306; and 

(B) in the judgment of the Secretary, is making satisfactory progress in activities designed to result in significant 

improvement in achieving the coastal management objectives specified in section 303(2)(A) through (K). 

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

has been used for, urban residential recreational, commercial, 

shipping or industrial purposes. 

(b) RESOURCE MANAGEMENT IMPROVEMENT GRANTS.—The Secretary may make grants to any eligible coastal state to assist that 

østate in¿ State in meeting one or more of the following objectives: 

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

state¿ the State that (A) are designated under the management 

program procedures required by section 306(d)(9) because of 

their conservation recreational, ecological, or esthetic values, or 

(B) contain one or more coastal resources of national significance, or for the purpose of restoring and enhancing shellfish 

production by the purchase and distribution of øclutch¿ cultch 

material on publicly owned reef tracts. 

(2) The redevelopment of deteriorating and underutilized 

urban waterfronts and ports that are designated in the 

østate’s¿ State’s management program pursuant to section 

306(d)(2)(C) as areas of particular concern. 

(3) The provision of access to public beaches and other public 

coastal areas and to coastal waters in accordance with the 

planning process required under section 306(d)(2)(G). 

(4) The development of a coordinated process among State 

agencies to regulate and issue permits for aquaculture facilities 

in the coastal zone. 

(5) The preservation or redevelopment of working waterfronts 

in the coastal zone. 

(c) USES, TERMS AND CONDITIONS OF GRANTS.— 

(1) Each grant made by the Secretary under this section 

shall be subject to such terms and conditions as may be approVerDate Sep 11 2014 04:39 Dec 13, 2016 Jkt 069010 PO 00000 Frm 00022 Fmt 6659 Sfmt 6602 E:\HR\OC\SR399.XXX SR399

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priate to ensure that the grant is used for purposes consistent 

with this section. 

(2) Grants made under this section may be used for— 

(A) the acquisition of fee simple and other interests in 

land; 

(B) low-cost construction projects determined by the Secretary to be consistent with the purposes of this section, 

including but not limited to, paths, walkways, fences, 

parks, and the rehabilitation of historic buildings and 

structures; except that not more than 50 per centum of 

any grant made under this section may be used for such 

construction projects; 

(C) in the case of grants made for objectives described in 

subsection (b)(2)— 

(i) the rehabilitation or acquisition of piers to provide increased public use, including compatible commercial activity, 

(ii) the establishment of shoreline stabilization 

measures including the installation or rehabilitation of 

bulkheads for the purpose of public safety or increasing public access and use, and 

(iii) the removal or replacement of pilings where 

such action will provide increased recreational use of 

urban waterfront areas, 

but activities provided for under this paragraph shall not be 

treated as construction projects subject to the limitations in 

paragraph (B); 

(D) engineering designs, specifications, and other appropriate reports; and 

(E) educational, interpretive, and management costs and 

such other related costs as the Secretary determines to be 

consistent with the purposes of this section. 

(d) STATE MATCHING CONTRIBUTIONS; RATIO; MAXIMUM AMOUNT

OF GRANTS.— 

(1) The Secretary may make grants to any coastal state for 

the purpose of carrying out the project or purpose for which 

such grants are awarded, if øthe state¿ the State matches any 

such grant according to the following ratios of Federal øto 

state¿ to State contributions for the applicable fiscal year: 4 to 

1 for fiscal year 1986; 2.3 to 1 for fiscal year 1987; 1.5 to 1 for 

fiscal year 1988; and 1 to 1 for each fiscal year after fiscal year 

1988. 

(2) Grants provided under this section may be used to pay 

a coastal state’s share of costs required under any other Federal program that is consistent with the purposes of this section. 

(3) The total amount of grants made under this section to 

any eligible coastal state for any fiscal year may not exceed an 

amount equal to 10 per centum of the total amount appropriated to carry out this section for such fiscal year. 

(e) ALLOCATION OF GRANTS TO LOCAL GOVERNMENTS AND OTHER

AGENCIES.—With the approval of the Secretary, an eligible coastal 

state may allocate to a local government, an areawide agency designated under section 204 of the Demonstration Cities and Metropolitan Development Act of 1966, a regional agency, or an interVerDate Sep 11 2014 04:39 Dec 13, 2016 Jkt 069010 PO 00000 Frm 00023 Fmt 6659 Sfmt 6602 E:\HR\OC\SR399.XXX SR399

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state 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 øthat state¿ that State of the responsibility for ensuring that any funds so allocated are applied in furtherance of 

øthe state’s¿ the State’s approved management program. 

(f) OTHER TECHNICAL AND FINANCIAL ASSISTANCE.—In addition 

to providing grants under this section, the Secretary shall assist eligible coastal states and their local governments in identifying and 

obtaining other sources of available Federal technical and financial 

assistance regarding the objectives of this section. 

SEC. 307. COORDINATION AND COOPERATION. 

[16 U.S.C. 1456] 

(a) FEDERAL AGENCIES.—In carrying out his functions and responsibilities under this title, the Secretary shall consult with, cooperate with, and, to the maximum extent practicable, coordinate 

his activities with other interested Federal agencies. 

(b) ADEQUATE CONSIDERATION OF VIEWS OF FEDERAL AGENCIES.—The Secretary shall not approve the management program 

submitted by a østate¿ 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. 


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(2) Any Federal agency which shall undertake any development project in the coastal zone of øa state¿ a State shall insure that the project is, to the maximum extent practicable, 

consistent with the enforceable policies of approved state management programs. 

(3)(A) After final approval by the Secretary of a østate’s¿ 

State’s management program, any applicant for a required 

Federal license or permit to conduct an activity, in or outside 

of the coastal zone, affecting any land or water use or natural 

resource of the coastal zone of øthat state¿ that State shall provide in the application to the licensing or permitting agency a 

certification that the proposed activity complies with the enforceable policies of the østate’s¿ State’s approved program and 

that such activity will be conducted in a manner consistent 

with the program. At the same time, the applicant shall furnish to øthe state¿ the State or its designated agency a copy 

of the certification, with all necessary information and data. 

Each coastal state shall establish procedures for public notice 

in the case of all such certifications and, to the extent it deems 

appropriate, procedures for public hearings in connection 

therewith. At the earliest practicable time, øthe state¿ the 

State of its designated agency shall notify the Federal agency 

concerned that øthe state¿ the State concurs with or objects to 

the applicant’s certification. If øthe state¿ the State or its designated agency fails to furnish the required notification within 

six months after receipt of its copy of the applicant’s certification, the østate’s¿ State’s concurrence with the certification 

shall be conclusively presumed. No license or permit shall be 

granted by the Federal agency until øthe state¿ the State or its 

designated agency has concurred with the applicant’s certification or until, by the østate’s¿ State’s failure to act, the concurrence is conclusively presumed, unless the Secretary, on his 

own initiative or upon appeal by the applicant, finds, after providing a reasonable opportunity for detailed comments from 

the Federal agency involved and from øthe state¿ the State, 

that the activity is consistent with the objectives of this title 

or is otherwise necessary in the interest of national security. 

(B) After the management program of any coastal state 

has been approved by the Secretary under section 306, any 

person who submits to the Secretary of the Interior any 

plan for the exploration or development of, or production 

from, any area which has been leased under the Outer 

Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) and 

regulations under such Act shall, with respect to any exploration, development, or production described in such 

plan and affecting any land or water use or natural resource of the coastal zone of øsuch state¿ such State, attach to such plan a certification that each activity which 

is described in detail in such plan complies with the enforceable policies of such østate’s¿ State’s approved management program and will be carried out in a manner consistent with such program. No Federal official or agency 

shall grant such person any license or permit for any activity described in detail in such plan until øsuch state¿ such 

State or its designated agency receives a copy of such cerVerDate Sep 11 2014 04:39 Dec 13, 2016 Jkt 069010 PO 00000 Frm 00025 Fmt 6659 Sfmt 6602 E:\HR\OC\SR399.XXX SR399

lotter on DSK5VPTVN1PROD with REPORTS
24 

tification and plan, together with any other necessary data 

and information, and until— 

(i) øsuch state¿ such State or its designated agency, 

in accordance with the procedures required to be established by øsuch state¿ such State pursuant to subparagraph (A), concurs with such person’s certification 

and notifies the Secretary and the Secretary of the Interior of such concurrence; 

(ii) concurrence by øsuch state¿ such State with 

such certification is conclusively presumed as provided 

for in subparagraph (A), except if øsuch state¿ such 

State fails to concur with or object to such certification 

within three months after receipt of its copy of such 

certification and supporting information, øsuch state¿ 

such State shall provide the Secretary, the appropriate 

øfederal¿ 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 øsuch state¿ such State with such certification shall 

be conclusively presumed; or 

(iii) the Secretary finds, pursuant to subparagraph 

(A), that each activity which is described in detail in 

such plan is consistent with the objectives of this title 

or is otherwise necessary in the interest of national security. 

If øa state¿ a state concurs or is conclusively presumed to 

concur, or if the Secretary makes such a finding, the provisions 

of subparagraph (A) are not applicable with respect to such 

person, øsuch state¿ such State, and any Federal license or 

permit which is required to conduct any activity affecting land 

uses or water uses in the coastal zone of øsuch state¿ such 

State which is described in detail in the plan to which such 

concurrence or finding applies. If øsuch state¿ such State objects to such certification and if the Secretary fails to make a 

finding under clause (iii) with respect to such certification, or 

if such person fails substantially to comply with such plan as 

submitted, such person shall submit an amendment to such 

plan, or a new plan, to the Secretary of the Interior. With respect to any amendment or new plan submitted to the Secretary of the Interior pursuant to the preceding sentence, the 

applicable time period for purposes of concurrence by conclusive presumption under subparagraph (A) is 3 months. 

(d) APPLICATIONS OF LOCAL GOVERNMENTS FOR FEDERAL ASSISTANCE; RELATIONSHIP OF ACTIVITIES WITH APPROVED MANAGEMENT

PROGRAMS.—State and local governments submitting applications 

for Federal assistance under other Federal programs, in or outside 

of the coastal zone, affecting any land or water use of natural resource of the coastal zone shall indicate the views of the appropriate østate¿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 


lotter on DSK5VPTVN1PROD with REPORTS
25 

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 øor state¿ or State jurisdiction, 

responsibility, or rights in the field of planning, development, 

or control of water resources, submerged lands, or navigable 

waters; nor to displace, supersede, limit, or modify any interstate compact or the jurisdiction or responsibility of any legally 

established joint or common agency of two or ømore states¿ 

more States or of two or ømore states¿ more States and the 

Federal Government; nor to limit the authority of Congress to 

authorize and fund projects; 

(2) as superseding, modifying, or repealing existing laws applicable to the various Federal agencies; nor to affect the jurisdiction, powers, or prerogatives of the International Joint Commission, United States and Canada, the Permanent Engineering Board, and the United States operating entity or entities 

established pursuant to the Columbia River Basin Treaty, 

signed at Washington, January 17, 1961, or the International 

Boundary and Water Commission, United States and Mexico. 

(f) CONSTRUCTION WITH EXISTING REQUIREMENTS OF WATER AND

AIR POLLUTION PROGRAMS.—Notwithstanding any other provision 

of this title, nothing in this title shall in any way affect any requirement (1) established by the Federal Water Pollution Control 

Act, as amended, or the Clean Air Act, as amended, or (2) established by the Federal Government or by øany state¿ any State or 

local government pursuant to such Acts. Such requirements shall 

be incorporated in any program developed pursuant to this title 

and shall be the water pollution control and air pollution control 

requirements applicable to such program. 

(g) CONCURRENCE WITH PROGRAMS WHICH AFFECT INLAND

AREAS.—When øany state’s¿ any State’s coastal zone management 

program, submitted for approval or proposed for modification pursuant to section 306 of this title, includes requirements as to 

shorelands which also would be subject to any Federally supported 

national land use program which may be hereafter enacted, the 

Secretary, prior to approving such program, shall obtain the concurrence of the Secretary of the Interior, or such other Federal official as may be designated to administer the national land use program, with respect to that portion of the coastal zone management 

program affecting such inland areas. 

ø(h) MEDIATION OF DISAGREEMENTS.—In case of serious disagreement between any Federal agency and a coastal state— 

ø(1) in the development or the initial implementation of a 

management program under section 305; or 

ø(2) in the administration of a management program approved under section 306; 

ø(1) the Secretary, with the cooperation of the Executive Office of the President, shall seek to mediate the differences involved in such disagreement. The process of such mediation 

shall, with respect to any disagreement described in paragraph 

(2), include public hearings which shall be conducted in the 

local area concerned.¿ 


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26 

(h) MEDIATION OF DISAGREEMENTS.— 

(1) IN GENERAL.—The Secretary may mediate a serious disagreement between any Federal agency and a coastal state or 

between two or more willing coastal states— 

(A) in the development or the initial implementation of a 

management program under section 305; 

(B) in the administration of a management program approved under section 305; or 

(C) in coordination and cooperation under this section. 

(2) COOPERATION.—The Secretary, with the cooperation of the 

Executive Office of the President, shall seek to mediate the differences involved in a disagreement described in paragraph (1). 

(3) PUBLIC HEARINGS.—Mediation under this subsection 

shall, with respect to any disagreement described in paragraph 

(1)(B), include public hearings in the local area concerned. 

(i) FEDERAL FEE.— 

(1) With respect to appeals under subsections (c)(3) and (d) 

which are submitted after the date of the enactment of the 

Coastal Zone Act Reauthorization Amendments of 1990, the 

Secretary shall collect an application fee of not less than $200 

for minor appeals and not less than $500 for major appeals, 

unless the Secretary, upon consideration of an applicant’s request for a fee waiver, determines that the applicant is unable 

to pay the fee. 

(2)(A) The Secretary shall collect such other fees as are necessary to recover the full costs of administering and processing 

such appeals under subsection (c). 

(B) If the Secretary waives the application fee under 

paragraph (1) for an applicant, the Secretary shall waive 

all other fees under this subsection for the applicant. 

(3) Fees collected under this subsection shall be deposited 

into the Coastal Zone Management Fund established under 

section 308. 

(j) INTERSTATE AND REGIONAL COORDINATION.— 

(1) The coastal states are encouraged— 

(A) to coordinate State coastal zone planning, policies, 

and programs with respect to contiguous areas, shared resources, and interstate waters of such States; 

(B) to study, plan, and implement unified coastal zone 

policies with respect to such areas; and 

(C) to establish an effective mechanism, and participate 

in mediation under subsection (h), to identify, examine, and 

cooperatively resolve mutual problems with respect to the 

marine and coastal areas which affect, directly or indirectly, the coastal zone. 

(2) Subject to paragraph (3), the coastal zone activities described in this subsection may be conducted pursuant to interstate or regional agreements or compacts. 

(3) Two or more coastal states may negotiate and enter into 

any interstate or regional agreement or compact to do the following unless the agreement or compact conflicts with any law 

or treaty of the United States: 

(A) To develop and administer coordinated coastal zone 

planning, policies, programs, and dispute resolution. 


lotter on DSK5VPTVN1PROD with REPORTS
27 

(B) To establish executive instrumentalities or agencies 

that such States consider necessary for the effective implementation of an agreement or compact under this subsection. 

(4) An agreement or compact under paragraph (3) shall be 

binding and obligatory upon any State or party thereto without 

further approval by Congress. 

SEC. 307A. AUTHORIZATION OF THE COASTAL AND ESTUARINE LAND 

CONSERVATION PROGRAM. 

[16 U.S.C. 1456-1] 

* * * * * * * 

(f) MATCHING REQUIREMENTS.— 

(1) IN GENERAL.—The Secretary may not make a grant under 

the program unless the Federal funds are matched by non-Federal funds in accordance with this subsection. 

(2) COST SHARE REQUIREMENT.— 

(A) IN GENERAL.—Grant funds under the program shall 

require a 100 percent match from other non-Federal 

sources. 

(B) WAIVER OF REQUIREMENT.—The Secretary may grant 

a waiver of subparagraph (A) for underserved communities, communities that have an inability to draw on other 

sources of funding because of the small population or low 

income of the community, or for other reasons the Secretary deems appropriate and consistent with the purposes 

of the program. 

(3) OTHER FEDERAL FUNDS.—Where financial assistance 

awarded under this section represents only a portion of the 

total cost of a project, funding from other Federal sources may 

be applied to the cost of the project. Each portion shall be subject to match requirements under the applicable provision of 

law. 

(4) SOURCE OF MATCHING COST SHARE.—For purposes of 

paragraph (2)(A), the non-Federal cost share for a project may 

be determined by taking into account the following: 

(A) The value of land or a conservation easement may be 

used by a project applicant as non-Federal match, if the 

Secretary determines that— 

(i) the land meets the criteria set forth in øsection 

2(b)¿ subsection (b) and is acquired in the period beginning 3 years before the date of the submission of 

the grant application and ending 3 years after the 

date of the award of the grant; 

(ii) the value of the land or easement is held by a 

non-governmental organization included in the grant 

application in perpetuity for conservation purposes of 

the program; and 

(iii) the land or easement is connected either physically or through a conservation planning process to 

the land or easement that would be acquired. 

(B) The appraised value of the land or conservation easement at the time of the grant closing will be considered 

and applied as the non-Federal cost share. 


lotter on DSK5VPTVN1PROD with REPORTS
28 

(C) Costs associated with land acquisition, land management planning, remediation, restoration, and enhancement 

may be used as non- Federal match if the activities are 

identified in the plan and expenses are incurred within the 

period of the grant award, or, for lands described øin (A)¿ 

in subparagraph (A), within the same time limits described therein. These costs may include either cash or inkind contributions. 

* * * * * * * 

SEC. 309. COASTAL ZONE ENHANCEMENT GRANTS. 

[16 U.S.C. 1456b] 

(a) ‘‘COASTAL ZONE ENHANCEMENT OBJECTIVE’’ DEFINED.—For 

purposes of this section, the term ‘‘coastal zone enhancement objective’’ means any of the following objectives: 

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

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

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

wetlands, seagrass beds, coral reefs, oyster habitat, and marine 

habitat, or creation of new coastal wetlands. 

ø(2) Preventing or significantly reducing threats to life and 

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

other hazard areas, and anticipating and managing the effects 

of potential sea level rise and Great Lakes level rise.¿ 

(2) Increasing coastal resilience and preventing or reducing 

loss of life and property by limiting development and redevelopment in high-hazard areas, using natural and restoration approaches to reduce flood risk, or anticipating and managing the 

effects of potential sea level rise and Great Lakes level change. 

(3) Attaining increased opportunities for public access, taking into account current and future public access needs, to 

coastal areas of recreational, historical, aesthetic, ecological, or 

cultural value. 

(4) Reducing marine debris entering the Nation’s coastal and 

ocean environment by managing uses and activities that contribute to the entry of such debris. 

(5) Development and adoption of procedures to assess, consider, and control cumulative and secondary impacts of coastal 

growth and development, including the collective effect on various individual uses or activities on coastal resources, such as 

coastal wetlands and fishery resources. 

(6) Preparing and implementing special area management 

plans for important coastal areas. 

ø(7) Planning for the use of ocean resources.¿ 

(7) Planning for the use of ocean and Great Lakes resources. 

(8) Adoption of procedures and enforceable policies to help facilitate the siting of energy facilities and Government facilities 

and energy-related activities and Government activities which 

may be of greater than local significance. 

(9) Adoption of procedures and policies to evaluate and facilitate the siting of public and private aquaculture facilities in 

the coastal zone, which will enable States to formulate, administer, and implement strategic plans for marine aquaculture. 


lotter on DSK5VPTVN1PROD with REPORTS
29 

(10) Interstate water resource and coastal management planning to facilitate healthy and resilient coastal natural resources, land uses, and water uses, and to resolve water management conflict. 

(11) Identification and adoption of procedures and enforceable policies to ensure sufficient response capabilities at the 

State level to address the environmental, economic, and social 

impacts of oil spills or other accidents resulting from Outer 

Continental Shelf energy activities with the potential to affect 

land or water use or natural resources of the coastal zone. 

(12) The development of a coordinated process to maximize 

the efficiency of processing permits related to activities in the 

coastal zone. 

(b) LIMITS ON GRANTS.— 

(1) Subject to the limitations and goals established in this 

section, the Secretary may make grants to coastal states to 

provide funding for development and submission for Federal 

approval of program changes that support attainment of one or 

more coastal zone enhancement objectives. 

(2)(A) In addition to any amounts provided under section 

306, and subject to the availability of appropriations, the Secretary may make grants under this subsection to States for implementing program changes approved by the Secretary in accordance with section 306(e). 

(B) Grants under this paragraph to implement a program change may not be made in any fiscal year after the 

second fiscal year that begins after the approval of that 

change by the Secretary. 

(c) EVALUATION OF STATE PROPOSALS BY SECRETARY.—The Secretary shall evaluate and rank State proposals for funding under 

this section, and make funding awards based on those proposals, 

taking into account the criteria established by the Secretary under 

subsection (d). The Secretary shall ensure that funding decisions 

under this section take into consideration the fiscal and technical 

needs of proposing States øand the overall merit of each proposal 

in terms of benefits to the public¿ and are consistent with the rules 

and regulations promulgated under section 306. 

* * * * * * * 

SEC. 312. REVIEW OF PERFORMANCE. 

[16 U.S.C. 1458] 

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

Secretary shall conduct a continuing review of the performance of 

coastal states with respect to coastal management. Each review 

shall include a written evaluation with an assessment and detailed 

findings concerning the extent to which øthe state¿ the State has 

implemented and enforced the program approved by the Secretary, 

addressed the coastal management needs identified in section 

303(2)(A) through (K), and adhered to the terms of any grant, loan, 

or cooperative agreement funded under this title. 

* * * * * * * 

(e) NOTICE AND HEARING.—Management program approval and 

financial assistance may not be withdrawn under subsection (d), 

unless the Secretary gives the coastal state notice of the proposed 


lotter on DSK5VPTVN1PROD with REPORTS
30 

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 øthe state¿ the State in order that 

such withdrawal may be canceled by the Secretary. 

SEC. 315. NATIONAL ESTUARINE RESEARCH RESERVE SYSTEM. 

[16 U.S.C. 1461] 

* * * * * * * 

(d) PROMOTION AND COORDINATION OF ESTUARINE RESEARCH.— 

The Secretary shall take such action as is necessary to promote 

and coordinate the use of the System for research purposes including— 

(1) requiring that the National Oceanic and Atmospheric Administration, in conducting or supporting estuarine research, 

give priority consideration to research that uses the System; 

øand¿ 

(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 researchø.¿; and 

(3) promoting the use of areas that comprise the System for 

research by line offices of the Administration, such as the Office 

of Oceanic and Atmospheric Research, the National Ocean 

Service, and the National Marine Fisheries Service of the National Oceanic and Atmospheric Administration. 

(e) FINANCIAL ASSISTANCE.— 

(1) The Secretary may, in accordance with such rules and 

regulations as the Secretary shall promulgate, make grants— 

(A) to a coastal state— 

(i) for purposes of acquiring such lands and waters, 

and any property interests therein, as are necessary to 

ensure the appropriate long-term management of an 

area as a national estuarine reserve, 

(ii) for purposes of operating or managing a national 

estuarine reserve and constructing appropriate reserve 

facilities, or 

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

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

purposes of supporting research and monitoring within a 

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

(2) Financial assistance provided under paragraph (1) shall 

be subject to such terms and conditions as the Secretary considers necessary or appropriate to protect the interests of the 

United States, including requiring coastal states to execute 

suitable title documents setting forth the property interest or 

interests of the United States in any lands and waters acquired in whole or part with such financial assistance. 

(3)(A) The amount of the financial assistance provided under 

paragraph (1)(A)(i) with respect to the acquisition of lands and 

waters, or interests therein, for any one national estuarine reserve may not exceed an amount equal to 50 percent of the 


lotter on DSK5VPTVN1PROD with REPORTS
31 

costs of the lands, waters, and interests therein or $5,000,000, 

whichever amount is less. 

(B) The amount of the financial assistance provided 

under paragraph (1)(A) (ii) and (iii) and paragraph (1)(B) 

may not exceed 70 percent of the costs incurred to achieve 

the purposes described in those paragraphs with respect to 

a reserve; except that the amount of the financial assistance provided under paragraph (1)(A)(iii) may be up to 100 

percent of any costs for activities that benefit the entire 

System. 

(C) Notwithstanding subparagraphs (A) and (B), financial assistance under this subsection provided from 

amounts recovered as a result of damage to natural resources located in the coastal zone may be used to pay 100 

percent of the costs of activities carried out with the assistance. 

(f) EVALUATION OF SYSTEM PERFORMANCE.— 

(1) The Secretary shall periodically evaluate the operation 

and management of each national estuarine reserve, including 

education and interpretive activities, and the research being 

conducted within the reserve. 

(2) If evaluation under paragraph (1) reveals that the operation and management of the reserve is deficient, or that the 

research being conducted within the reserve is not consistent 

with the research guidelines developed under subsection (c), 

the Secretary may suspend the eligibility of that reserve for financial assistance under subsection (e) until the deficiency or 

inconsistency is remedied. 

(3) The Secretary may withdraw the designation of an estuarine area as a national estuarine reserve if evaluation under 

paragraph (1) reveals that— 

(A) the basis for any one or more of the findings made 

under subsection (b)(2) regarding that area no longer exists; or 

(B) a substantial portion of the research conducted within the area, over a period of years, has not been consistent 

with the research guidelines developed under subsection 

(c). 

(4) In conducting an evaluation under paragraph (1), the Secretary shall— 

(A) consult with representatives of the Office of Oceanic and 

Atmospheric Research, the National Ocean Service, and the National Marine Fisheries Service of the National Oceanic and Atmospheric Administration, appropriate industries, non-governmental organizations, universities, and other Federal, State, 

and local partners to assess opportunities to better integrate research and habitat management; 

(B) leverage existing programs; and 

(C) efficiently use existing funds and capitalize on local and 

regional capacity that can assist in meeting stakeholder needs 

for science-based information. 

(g) REPORT.—The Secretary shall include in the report required 

under section 316 information regarding— 

(1) new designations of national estuarine reserves; 

(2) any expansion of existing national estuarine reserves; 


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32 

(3) the status of the research program being conducted within the System; øand¿ 

(4) a summary of the evaluations made under subsection 

(f)ø.¿; and 

(5) a summary of the consultation in subsection (f)(4). 

SEC. 316. COASTAL ZONE MANAGEMENT REPORTS. 

[16 U.S.C. 1462] 

ø(a) BIENNIAL REPORTS.—The Secretary shall consult with the 

Congress on a regular basis concerning the administration of this 

title and shall prepare and submit to the President for transmittal 

to the Congress a report summarizing the administration of this 

title during each period of two consecutive fiscal years. Each report, 

which shall be transmitted to the Congress not later than April 1 

of the year following the close of the biennial period to which it pertains, shall include, but not be restricted to (1) an identification of 

the state programs approved pursuant to this title during the preceding Federal fiscal year and a description of those programs; (2) 

a listing of the states participating in the provisions of this title 

and a description of the status of each state’s programs and its accomplishments during the preceding Federal fiscal year; (3) an 

itemization of the allocation of funds to the various coastal states 

and a breakdown of the major projects and areas on which these 

funds were expended; (4) an identification of any state programs 

which have been reviewed and disapproved, and a statement of the 

reasons for such action; (5) a summary of evaluation findings prepared in accordance with subsection (a) of section 312, and a description of any sanctions imposed under subsections (c) and (d) of 

section 312; (6) a listing of all activities and projects which, pursuant to the provisions of subsection (c) or subsection (d) of section 

307, are not consistent with an applicable approved state management program; (7) a summary of the regulations issued by the Secretary or in effect during the preceding Federal fiscal year; (8) a 

summary of a coordinated national strategy and program for the 

Nation’s coastal zone including identification and discussion of Federal, regional, state, and local responsibilities and functions therein; (9) a summary of outstanding problems arising in the administration of this title in order of priority; (10) a description of the economic, environmental, and social consequences of energy activity 

affecting the coastal zone and an evaluation of the effectiveness of 

financial assistance under section 308 in dealing with such consequences; (11) a description and evaluation of applicable interstate 

and regional planning and coordination mechanisms developed by 

the coastal states; (12) a summary and evaluation of the research, 

studies, and training conducted in support of coastal zone management; and (13) such other information as may be appropriate.¿ 

(a) REPORTS.— 

(1) IN GENERAL.—The Secretary shall— 

(A) consult with Congress on a regular basis concerning 

the administration of this title; and 

(B) submit to Congress a report summarizing the administration of this title during each period of 5 consecutive fiscal years. 

(2) CONTENTS.—Each report under paragraph (1) shall include— 


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33 

(A) an identification of the State programs approved 

under this title during the preceding 4 Federal fiscal years 

and a description of those programs; 

(B) a list of the States participating in the provisions of 

this title and the status of each State’s programs and accomplishments during the preceding 4 Federal fiscal years; 

(C) an itemization of the allocation of funds to the various coastal states and a breakdown of the major projects 

and areas on which these funds were expended; 

(D) an identification of each State program that was reviewed and disapproved, including the reasons for the disapproval; 

(E) a summary of evaluation findings prepared in accordance with subsection (a) of section 312, and a description of any sanctions imposed under subsections (c) and (d) 

of that section; 

(F) a list of all activities and projects which, under the 

provisions of subsection (c) or subsection (d) of section 307, 

are not consistent with an applicable approved State management program; 

(G) a summary of the regulations issued by the Secretary 

or in effect during the preceding 4 Federal fiscal years; 

(H) a summary of a coordinated national strategy and 

program for the Nation’s coastal zone, including identification and discussion of Federal, regional, State, and local 

responsibilities and functions therein; 

(I) a summary of outstanding problems arising in the administration of this title in order of priority; 

(J) a description of the economic, environmental, and social consequences of energy activity affecting the coastal 

zone and an evaluation of the effectiveness of financial assistance under section 308 in dealing with such consequences; 

(K) a description and evaluation of applicable interstate 

and regional planning and coordination mechanisms developed by the coastal states; 

(L) a summary and evaluation of the research, studies, 

and training conducted in support of coastal zone management; and 

(M) such other information as may be appropriate. 

(b) RECOMMENDATIONS FOR LEGISLATION.—The report required 

by subsection (a) shall contain such recommendations for additional 

legislation as the Secretary ødeems¿ considers necessary to achieve 

the objectives of this title and enhance its effective operation. 

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

(1) The Secretary shall conduct a systematic review of Federal programs, other than this title, that affect coastal resources for purposes of identifying conflicts between the objectives and administration of such programs and the purposes 

and policies of this title. Not later than 1 year after the date 

of the enactment of this subsection, the Secretary shall notify 

each Federal agency having appropriate jurisdiction of any conflict between its program and the purposes and policies of this 

title identified as a result of such review. 


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34 

(2) The Secretary shall promptly submit a report to the Congress consisting of the information required under paragraph 

(1) of this subsection. Such report shall include recommendations for changes necessary to resolve existing conflicts among 

Federal laws and programs that affect the uses of coastal resources. 

SEC. 317. RULES AND REGULATIONS. 

[16 U.S.C. 1463] 

The Secretary shall develop and promulgate, pursuant to section 

553 of title 5, United States Code, after notice and opportunity for 

full participation by relevant Federal agencies, østate agencies¿ 

State agencies, local governments, regional organizations, port authorities, and other interested parties, both public and private, 

such rules and regulations as may be necessary to carry out the 

provisions of this title. 

SEC. 318. AUTHORIZATION OF APPROPRIATIONS. 

[16 U.S.C. 1464] 

ø(a) SUMS APPROPRIATED TO SECRETARY.—There are authorized 

to be appropriated to the Secretary, to remain available until expended— 

ø(1) for grants under sections 306, 306A, and 309— 

ø(A) $47,600,000 for fiscal year 1997; 

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

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

ø(2) for grants under section 315— 

ø(A) $4,400,000 for fiscal year 1997; 

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

ø(C) $4,600,000 for fiscal year 1999.¿ 

(a) SUMS APPROPRIATED TO SECRETARY.—There is authorized to 

be appropriated to the Secretary, to remain available until expended— (1) for grants under sections 306, 306A, and 309, $80,000,000 

for each of fiscal years 2017 through 2021; and (2) for grants under section 315, $25,000,000 for each of fiscal 

years 2017 through 2021. 

* * * * * * * 

FISH AND WILDLIFE COORDINATION ACT 

[16 U.S.C. 661 et seq.] 

SEC. 2. IMPOUNDING, DIVERTING, OR CONTROLLING OF WATERS. 

[16 U.S.C. 662] 

(a) CONSULTATIONS BETWEEN AGENCIES.—Except as hereafter 

stated in subsection (h) of this section, whenever the waters of any 

stream or other body of water are proposed or authorized to be impounded, diverted, the channel deepened, or the stream or other 

body of water otherwise controlled or modified for any purpose 

whatever, including navigation and drainage, by any department or 

agency of the United States, or by any public or private agency 

under Federal permit or license, such department or agency first 

shall consult with the United States Fish and Wildlife Service, Department of the øInterior, and with the¿ Interior, National Oceanic 

and Atmospheric Administration, Department of Commerce, the 

head of the agency exercising administration over the wildlife reVerDate Sep 11 2014 04:39 Dec 13, 2016 Jkt 069010 PO 00000 Frm 00036 Fmt 6659 Sfmt 6602 E:\HR\OC\SR399.XXX SR399

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35 

sources of the particular State wherein the impoundment, diversion, or other control facility is to be constructed, and the head of 

any potentially impacted coastal state (as defined in section 304 of 

the Coastal Zone Management Act of 1972 (16 U.S.C. 1453), with 

a view to the conservation of wildlife resources by preventing loss 

of and damage to such resources as well as providing for the development and improvement thereof in connection with such water-resource development. 

* * * * * * * 

SEC. 8. DEFINITIONS. 

[16 U.S.C. 666b] 

The terms ‘‘wildlife’’ and ‘‘wildlife resources’’ as used herein include birds, fishes and fisheries (as those terms are defined in section 3 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1802)), mammals, and all other classes of wild 

animals and all types of aquatic and land vegetation upon which 

wildlife is dependent. 

Æ 


lotter on DSK5VPTVN1PROD with REPORTS