```

[Senate Report 114-399]
[From the U.S. Government Publishing Office]

						        Calendar No. 724

114th Congress }					{ Report
 2d Session    }                  SENATE                { 114-399
_______________________________________________________________________
                                                   
                  THE COASTAL COORDINATION ACT OF 2016

                               __________

                              R E P O R T

                                 OF THE

           COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

                                   ON

                                 S. 3038

[GRAPHIC NOT AVAILABLE IN TIFF FORMAT]

                December 9, 2016.--Ordered to be printed
       
       
       
                             _____________
                             
                             
                        U.S. GOVERNMENT PUBLISHING OFFICE
                               WASHINGTON : 2016                        
       
_________________________________________________________________________       
       
                
       SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
                    one hundred fourteenth congress
                             second session

                   JOHN THUNE, South Dakota, Chairman
 ROGER F. WICKER, Mississippi         BILL NELSON, Florida
 ROY BLUNT, Missouri                  MARIA CANTWELL, Washington
 MARCO RUBIO, Florida                 CLAIRE McCASKILL, Missouri
 KELLY AYOTTE, New Hampshire          AMY KLOBUCHAR, Minnesota
 TED CRUZ, Texas                      RICHARD BLUMENTHAL, Connecticut
 DEB FISCHER, Nebraska                BRIAN SCHATZ, Hawaii
 JERRY MORAN, Kansas                  ED MARKEY, Massachusetts
 DAN SULLIVAN, Alaska                 CORY BOOKER, New Jersey
 RON JOHNSON, Wisconsin               TOM UDALL, New Mexico
 DEAN HELLER, Nevada                  JOE MANCHIN, West Virginia
 CORY GARDNER, Colorado               GARY PETERS, Michigan
 STEVE DAINES, Montana
                       Nick Rossi, Staff Director
                 Adrian Arnakis, Deputy Staff Director
                    Jason Van Beek, General Counsel
                 Kim Lipsky, Democratic Staff Director
           Christopher Day, Democratic Deputy Staff Director
                 Clint Odom, Democratic General Counsel
__________________________________________________________________________

                                                      Calendar No. 724
114th Congress}                                               { Report
                                 SENATE
 2d Session   }                                               { 114-399

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

 
                  THE COASTAL COORDINATION ACT OF 2016

                                _______
                                

                December 9, 2016.--Ordered to be printed

                                _______
                                

Mr. Thune, from the Committee on Commerce, Science, and Transportation, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 3038]

    The Committee on Commerce, Science, and Transportation, to 
which was referred the bill (S. 3038) to reauthorize the 
Coastal Zone Management Act of 1972, and for other purposes, 
having considered the same, reports favorably thereon with an 
amendment (in the nature of a substitute) and recommends that 
the bill (as amended) do pass.

                          Purpose of the Bill

    The purpose of S. 3038 is to reauthorize the Coastal Zone 
Management Act (CZMA) of 1972 (16 U.S.C. 1451 et seq.). The 
bill also would: outline new objectives for coastal states to 
address when applying for grants; encourage interstate and 
regional coordination of contiguous areas, shared resources, 
and interstate waters; allow for the expansion of several 
National Estuarine Research Reserves; and authorize the 
Secretary of Commerce (Secretary) to award grants to eligible 
entities to develop strategies and implement action plans to 
protect and restore the Gulf of Mexico ecosystem.

                          Background and Needs

    Coastal communities are home to almost 165 million people, 
support 70 million jobs, and contribute almost $9.5 trillion to 
the U.S. economy, accounting for 57 percent of the Nation's 
economic output as of 2013.\1\ Congress recognized the 
importance of growth in the Nation's coastal zones by passing 
the CZMA in 1972. It was last amended in the Energy Policy Act 
of 2005.\2\ The Office for Coastal Management, administered by 
the National Oceanic and Atmospheric Administration (NOAA), 
provides for the management of the Nation's coastal resources, 
including the Great Lakes. The Office oversees three national 
programs: the National Coastal Zone Management Program 
(including the Coastal Zone Enhancement Program and the Coastal 
Nonpoint Pollution Control Program) (Program); the National 
Estuarine Research Reserve System (NERRS); and the Coastal and 
Estuarine Land Conservation Program (CELCP).
---------------------------------------------------------------------------
    \1\``NOAA's National Coastal Zone Management Program,'' National 
Oceanic and Atmospheric Administration, accessed March 30, 2016, at 
https://coast.noaa.gov/czm.
    \2\P.L. 109-58.
---------------------------------------------------------------------------
    The Program is a voluntary partnership between the Federal 
Government and coastal and Great Lakes States and territories. 
Currently, 34 of the 35 eligible States and territories 
participate in the Program.
    Alaska participated in the Program from 1979 until 2011 
when the State legislature did not extend its participation in 
the Program, which by Alaska State law required a periodic 
review by State lawmakers.\3\ When it was first established in 
1978, Alaska's participation in the Program was unusual 
compared to other States' participation in the Program in that 
it was decentralized, allowing local coastal districts to adopt 
their own plans.\4\ Other States took a more centralized 
approach with the State government managing coastal management. 
The decentralized nature of Alaska's original program made its 
administration cumbersome.\5\ In 2003, Governor Frank Murkowski 
led the effort to centralize control within the Alaska State 
Department of Natural Resources rather than with the local 
communities.\6\ Oil and gas extraction groups supported the 
efficiency of the reforms, while local governments opposed the 
diminution of their prior influence over coastal zone 
management.\7\
---------------------------------------------------------------------------
    \3\Alaska Coastal Management Program Withdrawal From the National 
Coastal Management Program Under the Coastal Zone Management Act, 76 
Fed. Reg. 39857, July 7, 2001, at, http: //www.gpo.gov/fdsys/pkg/FR-
2011-07-07/html/2011-16987.html.
    \4\Tim Bradner, ``State's Coastal Zone Management Authority to 
Expire This Month,'' Alaska Journal of Commerce, June 3, 2011.
    \5\Ibid.
    \6\Ibid.
    \7\Ibid.
---------------------------------------------------------------------------
    In 2010, Alaska State legislators representing the rural 
areas of the State attempted to undo Governor Murkowski's 
revisions and reinstate Alaska's participation in the Program 
as it was originally conceived.\8\ The State legislation 
stalled because of a disagreement about the appropriate level 
of control between Governor Murkowski and the local coastal 
districts over coastal management decisions.\9\ As a matter of 
Alaska State law, because the special session ended without the 
Alaska legislature extending participation in the Program, its 
coastal program sunset, and Alaska withdrew from the Program 
under the CZMA.
---------------------------------------------------------------------------
    \8\Tim Bradner, ``Coastal management initiative fails by a heavy 
margin,'' Alaska Journal of Commerce, August 30, 2012.
    \9\Tim Bradner, ``State's Coastal Zone Management Authority to 
Expire This Month,'' Alaska Journal of Commerce, June 3, 2011.
---------------------------------------------------------------------------
    Alaska State law allows for its citizens to initiate 
legislation to be considered first by the State Legislature, 
and then, if not adopted, considered by a popular vote of its 
citizens.\10\ This process is referred to as the indirect 
initiative. On January 17, 2012, supporters turned in 33,500 
signatures to the Alaska Division of Elections office to 
propose an initiative to reestablish States' coastal management 
program. The measure was not enacted by the State legislature 
during the 2012 session. It was presented to the voters on an 
August 2012 ballot, where the initiative failed to gain a 
majority of votes.\11\
---------------------------------------------------------------------------
    \10\Gordon Harrison, ``Alaska's Constitution: A Citizen's Guide,'' 
at http://w3.legis.state.ak.us/docs/pdf/citizens--guide.pdf.
    \11\Tim Bradner, ``Coastal management initiative fails by a heavy 
margin,'' Alaska Journal of Commerce, August 30, 2012.
---------------------------------------------------------------------------
    The Program aims to balance competing land and water issues 
through State and territorial coastal management programs. A 
wide range of issues are addressed through the Program, 
including coastal development, water quality, public access, 
habitat protection, energy facility siting, ocean governance 
and planning, and coastal hazards. The Federal consistency 
component of the Program seeks to ensure that Federal actions 
with reasonably foreseeable effects on coastal uses and 
resources are consistent with the enforceable policies of a 
State's approved coastal management program. This also applies 
to federally authorized and funded non-Federal actions.
    The Coastal Zone Enhancement Program provides incentives to 
States to enhance their State coastal management programs 
within nine key areas: wetlands; coastal hazards; public 
access; marine debris; cumulative and secondary impacts; 
special area management planning; ocean and Great Lakes 
resources; energy and government facility siting; and 
aquaculture.
    Lastly, the Coastal Nonpoint Pollution Control Program 
ensures that participating States have the necessary tools to 
prevent and control polluted runoff. Between 2011 and 2014, the 
Program protected over 18,750 acres of coastal habitat and 
restored over 12,000 acres of degraded coastal habitat.\12\ 
Prior to amendments to the CZMA in 1990, the CZMA included a 
section to provide an interstate grant program and facilitate 
interstate agreements. With coastal development, there is now 
an increased need for interstate and regional coordination to 
effectively manage coastal uses and resources. S. 3038 would 
amend several sections of the CZMA to encourage coordinated 
management of shared resources.
---------------------------------------------------------------------------
    \12\``NOAA's National Coastal Zone Management Program,'' National 
Oceanic and Atmospheric Administration, accessed March 30, 2016, at 
https://coast.noaa.gov/czm.
---------------------------------------------------------------------------
    NERRS is a network of 28 coastal sites designated to 
protect and study estuarine systems.\13\ Established through 
the CZMA, the reserves represent a partnership program between 
NOAA and the coastal States. NOAA provides funding and national 
guidance, while each site is managed daily by a lead State 
agency or university with input from local partners. The 
research reserves cover 1.3 million acres of estuaries and are 
focused on stewardship, research, training, and education.\14\ 
Topics covered include nonpoint source pollution, resilient 
communities, habitat restoration, and invasive species. 
Overall, the reserve systems serve as field laboratories that 
provide a greater understanding of estuaries and how humans 
impact them.
---------------------------------------------------------------------------
    \13\``National Estuarine Research Reserve System,'' National 
Oceanic and Atmospheric Administration, accessed April 12, 2016, at 
https://nerrs.noaa.gov/.
    \14\``NOAA's National Coastal Zone Management Program,'' National 
Oceanic and Atmospheric Administration, accessed March 30, 2016, at 
https://coast.noaa.gov/czm.
---------------------------------------------------------------------------
    Directed by the Appropriations Committee of the Senate and 
the Appropriations Committee of the House of Representatives, a 
2016 Blue Ribbon Panel crafted a NERRS Recommendations Report 
highlighting current program status and needs of the system. 
Accordingly, NOAA is also working with its partners to develop 
a strategic plan to strengthen the system and guide future 
expansion. NOAA and the State of Hawaii will designate He'eia 
National Estuarine Research Reserve as the system's 29th 
reserve. S. 3038 contemplates the potential to expand and 
strengthen the system to account for changing conditions and 
novel research applications consistent with the Blue Ribbon 
panel and NOAA strategy.
    The CELCP provides matching funds to State and local 
governments to purchase threatened coastal and estuarine lands 
or obtain conservation easements.\15\ To be considered, the 
land must be important ecologically or possess other coastal 
conservation values such as historic features, scenic views, or 
recreational opportunities. Each year, subject to available 
funding which was last appropriated at $3 million in fiscal 
year (FY) 2012, NOAA runs a funding competition with two 
phases--a State and a national competition. NOAA initiates the 
competition by issuing a Federal funding opportunity notice 
that includes eligibility information, including who may apply, 
how many proposals each eligible coastal State or territory may 
submit, and how much funding may be requested for each project. 
To compete for funding, prospective projects must be in a 
State, trust territory, or commonwealth with a federally 
approved coastal zone management program or national estuarine 
research reserve. To date, this program has supported projects 
in 29 States.\16\
---------------------------------------------------------------------------
    \15\``Coastal and Estuarine Land Conservation Program,'' National 
Oceanic and Atmospheric Administration, accessed April 12, 2016, at 
https://coast.noaa.gov/czm/landconservation.
    \16\Ibid.
---------------------------------------------------------------------------
    Between 2004 and 2012, seven Regional Ocean Partnerships 
were established among governors of States with shared regional 
marine resources. Established in 2004, the Gulf of Mexico 
Alliance (GOMA) was the first Regional Ocean Partnership, and 
focuses on issues that relate to the shared marine resource 
interests of Florida, Alabama, Mississippi, Louisiana, and 
Texas. Current GOMA priorities include coastal resilience, data 
and monitoring, education and engagement, habitat, water 
resources, wildlife, and fisheries. GOMA represents the kind of 
collaboration of resource management envisioned by the CZMA. S. 
3038 would further encourage interstate and regional 
cooperation in managing coastal zone uses and resources.

                         Summary of Provisions

    If enacted, S. 3038 would do the following:
           Reauthorize CZMA through FY 2021.
           Outline new objectives for coastal States to 
        address when applying for grants such as interstate 
        water resource and management planning and oil spill 
        response.
           Encourage interstate and regional 
        coordination of contiguous areas, shared resources, and 
        interstate waters.
           Allow for the expansion of several National 
        Estuarine Research Reserves such as the Guana-Tolomato 
        Matanzas reserve, the Rookery Bay Reserve, and the 
        Apalachicola Reserve.
           Authorize the Secretary of Commerce to award 
        grants to eligible entities to develop strategies and 
        implement action plans to protect and restore the Gulf 
        of Mexico ecosystem.

                          Legislative History

    S. 3038 was introduced on June 9, 2016, by Senators Nelson 
and Wicker. The CZMA was last amended through the Energy Policy 
Act of 2005 (P.L. 109-58).
    On June 15, 2016, the Committee met in open Executive 
Session and, by a voice vote, ordered S. 3038 reported 
favorably with an amendment (in the nature of a substitute).
    Amendments were offered by Senators Booker and Schatz - 
both were accepted. The amendment offered by Senator Schatz 
would add any production, transportation, transfer, or storage 
of renewable energy to the list of energy facilities. Renewable 
energy would not be prioritized over pre-existing forms of 
energy facilities such as electric generating plants, petroleum 
plants, and oil and gas plants. The amendment as modified by 
Senator Booker would direct the Secretary of Commerce to 
promote the use of the NERRS systems for research by line 
offices of NOAA. It also would direct the Secretary of Commerce 
to consult with representatives of the Office of Oceanic and 
Atmospheric Research (OAR), the National Ocean Service (NOS), 
the National Marine Fisheries Service (NMFS), appropriate 
industries, Non Governmental Organizations, universities, and 
other Federal, State, and local partners to assess 
opportunities to better integrate research and habitat 
management. Lastly, it would require the Secretary of Commerce 
to include in the report required under this title a summary of 
the consultations between the representatives listed above.

                            Estimated Costs

    In accordance with paragraph 11(a) of rule XXVI of the 
Standing Rules of the Senate and section 403 of the 
Congressional Budget Act of 1974, the Committee provides the 
following cost estimate, prepared by the Congressional Budget 
Office:

S. 3038--Coastal Coordination Act of 2016

    Summary: S. 3038 would reauthorize the Coastal Zone 
Management Act of 1972 (CZMA), which governs federal and state 
environmental management of coastal areas. The bill would 
authorize appropriations for grants to state and local 
governments and other coastal zone management programs 
administered by the National Oceanic and Atmospheric 
Administration (NOAA). The bill also would authorize NOAA, in 
consultation with Texas, Louisiana, Mississippi, Alabama, and 
Florida, to create programs for the conservation and 
restoration of the Gulf of Mexico ecosystem.
    CBO estimates that implementing S. 3038 would cost $423 
million over the 2017-2021 period, assuming appropriation of 
the authorized amounts. Enacting S. 3038 would not affect 
direct spending or revenues; therefore, pay-as-you-go 
procedures do not apply.
    CBO estimates that enacting S. 3038 would not increase net 
direct spending or on-budget deficits in any of the four 
consecutive 10-year periods beginning in 2027.
    S. 3038 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA) 
and would impose no costs on state, local, or tribal 
governments.
    Estimated cost to the Federal Government: The estimated 
budgetary effect of S. 3038 is shown in the following table. 
The costs of this legislation fall within budget function 300 
(natural resources and environment).

----------------------------------------------------------------------------------------------------------------
                                                                 By fiscal year, in millions of dollars--
                                                        --------------------------------------------------------
                                                           2017     2018     2019     2020     2021   2017-22021
----------------------------------------------------------------------------------------------------------------
                                 INCREASES IN SPENDING SUBJECT TO APPROPRIATION
 
Coastal Zone Management Grants:
    Authorization Level................................       80       80       80       80       80        400
    Estimated Outlays..................................       24       44       60       72       80        280
National Estuarine Research Grants:
    Authorization Level................................       25       25       25       25       25        125
    Estimated Outlays..................................       20       24       25       25       25        119
Gulf of Mexico Coordination Programs:
    Authorization Level................................        5        5        5        5        5         25
    Estimated Outlays..................................        4        5        5        5        5         24
    Total Costs:
        Authorization Level............................      110      110      110      110      110        550
        Estimated Outlays..............................       48       73       90      102      110        423
----------------------------------------------------------------------------------------------------------------

    Basis of estimate: CBO assumes S. 3038 will be enacted near 
the start of 2017 and that the necessary amounts will be 
appropriated for each fiscal year. Estimated outlays are based 
on historical spending patterns for similar programs. In 2015, 
NOAA allocated about $65 million to all Coastal Zone Management 
activities, including Coastal Zone Management grants and 
National Estuarine Research grants.
    The bill would authorize the appropriation of $80 million 
annually through 2021 for NOAA to award grants to manage, 
preserve, and restore coastal wetlands. CBO estimates that 
those grants would cost $280 million over the 2017-2021 period 
with the remainder being spent after 2021.
    S. 3038 also would authorize the appropriation of $25 
million annually through 2021 for NOAA to award grants to 
states and private entities to fund research on estuaries. CBO 
estimates that those grants would cost $119 million over the 
2017-2021 period.
    Finally, S. 3038 would authorize the appropriation of $5 
million annually for NOAA to coordinate with Texas, Louisiana, 
Mississippi, Alabama, and Florida to develop and implement 
programs to restore and conserve the Gulf of Mexico ecosystem. 
Those programs would include methods to improve water quality, 
protect living resources, improve wildlife habitats, and 
otherwise strengthen the gulf's ecosystem. CBO estimates that 
implementing that program would cost $24 million over the 2017-
2021 period.
    Pay-as-you-go considerations: None.
    Increase in long-term direct spending and deficits: CBO 
estimates that enacting the legislation would not increase net 
direct spending or on-budget deficits in any of the four 
consecutive 10-year periods beginning in 2027.
    Intergovernmental and private-sector impact: S. 3038 
contains no intergovernmental or private-sector mandates as 
defined in UMRA and would benefit coastal states and local 
governments by authorizing federal grants and technical 
assistance for coastal management programs. Any costs incurred 
by those entities, including matching contributions, would 
result from participation in voluntary federal programs.
    Estimate prepared by: Federal Costs: Robert Reese; Impact 
on State, Local, and Tribal Governments: Jon Sperl; Impact on 
the Private Sector: Amy Petz.
    Estimate approved by: H. Samuel Papenfuss, Deputy Assistant 
Director for Budget Analysis.

                           Regulatory Impact

    In accordance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee provides the 
following evaluation of the regulatory impact of the 
legislation, as reported:

                       number of persons covered

    S. 3038, as reported, does not create any new programs or 
impose any new regulatory requirements, and therefore would not 
subject any individuals or businesses to new regulations.

                            economic impact

    The legislation is not expected to have a negative impact 
on the Nation's economy.

                                privacy

    The reported bill is not expected to impact the personal 
privacy of individuals.

                               paperwork

    S. 3038 would require the Secretary of Commerce to submit 
to Congress a report summarizing the administration of this 
title during each period of 5 consecutive FYs.

                   Congressionally Directed Spending

    In compliance with paragraph 4(b) of rule XLIV of the 
Standing Rules of the Senate, the Committee provides that no 
provisions contained in the bill, as reported, meet the 
definition of congressionally directed spending items under the 
rule.

                      Section-by-Section Analysis

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

    This section would provide the short title of the bill, 
``the Coastal Coordination Act of 2016.'' It also contains a 
table of contents for the bill, and references that amendments 
or repeals refer to the CZMA.

        Title I - Coastal Zone Management Act of 1972 amendments

Section 101. Congressional findings.

    This section would amend findings in section 302 of the 
CZMA (16 U.S.C. 1451) about the national interest in coastal 
zones to include coastal resilience. It also would include 
tourism and non-mineral energy development coastal uses. The 
findings would emphasize that local government and coordination 
are important to protecting State coastal interests.

Section 102. Definitions.

    This section would amend several definitions in section 304 
of the CZMA (16 U.S.C. 1453) such as ``estuary'' to reflect the 
current science. The definition of a ``coastal resource of 
national significance'' would be amended to include resources 
with research, geological, hydrological, ecological, water 
quality, and flood risk reduction value. It also would add a 
definition for the term ``working waterfront'' as the land, 
infrastructure, and waterways used for a water-dependent 
activity.

Section 103. Coastal resource improvement program.

    This section would amend the Coastal Resource Improvement 
Program under section 306A of the CZMA (16 U.S.C. 1455a) to add 
objectives regarding the preservation or redevelopment of 
working waterfronts, and the development of a coordinated 
process to maximize the efficiency of processing permits 
related to activities in the coastal zone.

Section 104. Coordination and cooperation.

    This section would add a subsection to section 307 of the 
CZMA (16 U.S.C. 1456) on interstate and regional coordination 
to the Federal consistency provisions. Before amendment in 
1990, the law contained language to facilitate interstate 
agreements under a section for an interstate grant program that 
was stricken. To reestablish interstate coordination, the 
amendment made by this section would encourage States to 
prioritize coordinating coastal zone policies in a way that 
does not negatively impact another State's coastal zone and 
establish an effective mechanism to resolve mutual interstate 
or regional problems that affect the coastal zone such as water 
quantity or quality across watersheds. To facilitate State 
coordination, the amendment made by this section would 
authorize interstate compacts for management of each State's 
coastal zone and shared interstate resources. The amendment 
made by this section also would allow the Secretary of Commerce 
to provide non-binding mediation for a serious disagreement 
between two or more willing ``coastal states.''

Section 105. Coastal zone enhancement grants.

    This section would amend the coastal zone enhancement 
grants under section 309 of the CZMA (16 U.S.C. 1436) by adding 
specified purposes, including interstate water resource 
planning and impacts of oil spills or other accidents resulting 
from Outer Continental Shelf energy activities. The amendment 
would specify that section 309 grants are direct allocations 
per State based on the existing formula, minimums, and 
maximums, ensuring that the fiscal and technical needs of the 
coastal states are accounted for.

Section 106. National estuarine research reserve system.

    This section would amend the NERRS under section 315 of the 
CZMA (16 U.S.C. 1461) by authorizing the Secretary to evaluate 
whether to expand the Guano-Tolomato Matanzas reserve, the 
Rookery Bay reserve, and the Apalachicola reserve. 
Additionally, the amendment made by this section would require 
the Secretary to provide recommendations to the NERRS system to 
address any deficiencies. It also would authorize the NERRS 
program to accept private or non-profit donations to carry out 
research, stewardship, and education at the reserves.

Section 107. Coastal zone management reports.

    This section would amend section 316 of the CZMA (16 U.S.C. 
1462) to require the Secretary to report to Congress on the 
program once every 5 years instead of on a biennial basis.

Section 108. Technical and conforming amendments.

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

Section 109. Authorization of appropriations.

    This section would amend section 318 of the CZMA (16 U.S.C. 
1464) and authorize appropriations for the CZMA from FY 2017 to 
FY 2021 with $80 million for the section 306, 306A, and 309 
grant programs, and $25 million for the section 315 NERRS.

            Title II - Gulf of Mexico regional coordination

Section 201. Sense of Congress.

    This section would list findings regarding protection and 
restoration efforts in the Gulf of Mexico at the Federal, 
State, and local levels. It would express the congressional 
desire for consistency and coordination among Gulf of Mexico 
restoration efforts.

Section 202. Purposes.

    This section would list the major purposes of the title, 
including to expand and strengthen cooperative voluntary 
efforts to conserve and restore the Gulf of Mexico, and to 
coordinate Federal and State actions relating to the management 
of the Gulf of Mexico ecosystem.

Section 203. Gulf of Mexico regional coordination.

    This section would authorize the Secretary of Commerce to 
award grants to eligible entities to develop strategies and 
implement action plans to protect and restore the Gulf of 
Mexico ecosystem, and authorize the formal collaboration of 
Federal, State, local, and private participants in the five 
Gulf States as partners on environmental issues affecting the 
Gulf of Mexico. This section would define the ``Gulf of Mexico 
Alliance'' as the nonoregulatory, inclusive network of partners 
established in 2004 and ``eligible entities'' as a consortium 
of four or more States that have a shoreline on the Gulf of 
Mexico.

Section 204. Authorization of appropriations.

    This section would authorize $5,000,000 to carry out this 
title for FY 2017 through FY 2021.

                    Title III - Coastal zone impacts

Section 301. Agency consultations regarding coastal zone impacts.

    This section would update the Fish and Wildlife 
Coordination Act (16 U.S.C. 661 et seq.) to reflect the 
authorities of current Federal agencies and laws. This section 
would add NOAA, the Department of Commerce, and ``the head of 
any potentially impacted `coastal state''' to the list of 
entities to be consulted under that Act. It also would allow 
for an impacted ``coastal state'' to provide recommendations to 
mitigate impacts to fisheries, wildlife, and wildlife 
resources. The definition of ``wildlife'' and ``wildlife 
resources'' would include fisheries as defined in section 3 the 
Magnuson-Stevens Fishery Conservation and Management Act (16 
U.S.C. 1802).

                        Changes in Existing Law

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
material is printed in italic, existing law in which no change 
is proposed is shown in roman):

                   COASTAL ZONE MANAGEMENT ACT OF 1972

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

SEC. 302. CONGRESSIONAL FINDINGS.

                            [16 U.S.C. 1451]

  The Congress finds that--
  [(a)](1) There is a national interest [in the effective 
management, beneficial use, protection, and development of the 
coastal zone] in the effective management, beneficial use, 
protection, development, and resilience of the coastal zone and 
coastal natural resources.
  [(b)](2) The coastal zone is rich in a variety of natural, 
commercial, recreational, ecological, industrial, and esthetic 
resources of immediate and potential value to the present and 
future well-being of the Nation.
  [(c)](3) The increasing and competing demands upon the lands 
and waters of our coastal zone occasioned by population growth 
and economic development, including requirements for [industry, 
commerce, residential development, recreation, extraction of 
mineral resources and fossil fuels, transportation and 
navigation, waste disposal, and harvesting of fish, shellfish, 
and other living marine resources] industry, commerce, 
development, tourism, recreation, extraction of mineral 
resources, energy development, transportation and navigation, 
waste disposal, and harvesting of fish, shellfish, and other 
living marine resources, have resulted in the loss of living 
marine resources, wildlife, nutrient-rich areas, permanent and 
adverse changes to ecological systems, decreasing open space 
for public use, and shoreline erosion.
  [(d)](4) The habitat areas of the coastal zone, and the fish, 
shellfish, other living marine resources, and wildlife therein, 
are ecologically fragile and consequently extremely vulnerable 
to destruction by man's alterations.
  [(e)](5) Important ecological, cultural, historic, and 
esthetic values in the coastal zone which are essential to the 
well-being of all citizens are being irretrievably damaged or 
lost.
  [(f)](6) New and expanding demands for food, energy, 
minerals, defense needs, recreation, waste disposal, 
transportation, and industrial activities in the Great Lakes, 
territorial sea, exclusive economic zone, and Outer Continental 
Shelf are placing stress on these areas and are creating the 
need for resolution of serious conflicts among important and 
competing uses and values in coastal and ocean waters[;].
  [(g)](7) Special natural and scenic characteristics are being 
damaged by ill-planned development that threatens these values.
  [(h)](8) In light of competing demands and the urgent need to 
protect and to give high priority to natural systems in the 
coastal zone, present [state] State and local institutional 
arrangements for planning and regulating land and water uses in 
such areas are inadequate.
  [(i)](9) The key to more effective protection and use of the 
land and water resources of the coastal zone is to encourage 
the [states to exercise their full authority over the lands and 
waters in the coastal zone by assisting the states, in 
cooperation with Federal and local governments and other 
vitally affected interests] States to exercise their full 
authority over the lands and waters in the coastal zone by 
assisting the States, in cooperation with Federal agencies and 
with the participation of and coordination with local 
governments and other vitally affected interests, in developing 
land and water use programs for the coastal zone, including 
unified policies, criteria, standards, methods, and processes 
for dealing with land and water use decisions of more than 
local significance.
  [(j)](10) The national objective of attaining a greater 
degree of energy self-sufficiency would be advanced by 
providing Federal financial assistance to meet [state] State 
and local needs resulting from new or expanded energy activity 
in or affecting the coastal zone.
  [(k)](11) Land uses in the coastal zone, and the uses of 
adjacent lands which drain into the coastal zone, may 
significantly affect the quality of coastal waters and 
habitats, and efforts to control coastal water pollution from 
land use activities must be improved.
  [(l)](12) Because global warming may result in a substantial 
sea level rise with serious adverse effects in the coastal 
zone, coastal states must anticipate and plan for such an 
occurrence.
  [(m)](13) Because of their proximity to and reliance upon the 
ocean and its resources, the coastal states have substantial 
and significant interests in the protection, management, and 
development of the resources of the exclusive economic zone 
that can only be served [by the active participation of coastal 
states in all Federal programs affecting such resources] by the 
active participation and coordination in all Federal programs 
and activities affecting such resources and, wherever 
appropriate, by the development of [state ocean] State ocean 
resource plans as part of their Federally approved coastal zone 
management programs.

SEC. 303. CONGRESSIONAL DECLARATION OF POLICY.

                            [16 U.S.C. 1452]

  The Congress finds and declares that it is the national 
policy--
          (1) to preserve, protect, develop, and where 
        possible, to restore or enhance, the resources of the 
        Nation's coastal zone for this and succeeding 
        generations;
          (2) to encourage and assist the [states] States to 
        exercise effectively their responsibilities in the 
        coastal zone through the development and implementation 
        of management programs to achieve wise use of the land 
        and water resources of the coastal zone, giving full 
        consideration to ecological, cultural, historic, and 
        esthetic values as well as the needs for compatible 
        economic development, which programs should at least 
        provide for--
                  (A) the protection of natural resources, 
                including wetlands, floodplains, estuaries, 
                beaches, dunes, barrier islands, coral reefs, 
                and fish and wildlife and their habitat, within 
                the coastal zone,
                  (B) the management of coastal development to 
                minimize the loss of life and property caused 
                by improper development in flood-prone, storm 
                surge, geological hazard, and erosion-prone 
                areas and in areas likely to be affected by or 
                vulnerable to sea level rise, land subsidence, 
                and saltwater intrusion, and by the destruction 
                of natural protective features such as beaches, 
                dunes, wetlands, and barrier islands[.],
                  (C) the management of coastal development to 
                improve, safeguard, and restore the quality of 
                coastal waters, and to protect natural 
                resources and existing uses of those waters,
                  (D) priority consideration being given to 
                coastal-dependent uses and orderly processes 
                for siting major facilities related to national 
                defense, energy, fisheries development, 
                recreation, ports and transportation, and the 
                location, to the maximum extent practicable, of 
                new commercial and industrial developments in 
                or adjacent to areas where such development 
                already exists,
                  (E) public access to the coasts for 
                recreation purposes,
                  (F) assistance in the redevelopment of 
                deteriorating urban waterfronts and ports, and 
                sensitive preservation and restoration of 
                historic, cultural, and esthetic coastal 
                features,
                  (G) the coordination and simplification of 
                procedures in order to ensure expedited 
                governmental decisionmaking for the management 
                of coastal resources,
                  (H) continued consultation and coordination 
                with, and the giving of adequate consideration 
                to the views of, affected Federal agencies,
                  (I) the giving of timely and effective 
                notification of, and opportunities for public 
                and local government participation in, coastal 
                management decisionmaking,
                  (J) assistance to support comprehensive 
                planning, conservation, and management for 
                living marine resources, including planning for 
                the siting of pollution control and aquaculture 
                facilities within the coastal zone, and 
                improved coordination between State and Federal 
                coastal zone management agencies and State and 
                wildlife agencies, and
                  (K) the study and development, in any case in 
                which the Secretary considers it to be 
                appropriate, of plans for addressing the 
                adverse effects upon the coastal zone of land 
                subsidence and of sea level rise; and
          (3) to encourage the preparation of special area 
        management plans which provide for increased 
        specificity in protecting significant natural 
        resources, reasonable coastal-dependent economic 
        growth, improved protection of life and property in 
        hazardous areas, including those areas likely to be 
        affected by land subsidence, sea level rise, or 
        fluctuating water levels of the Great Lakes, and 
        improved predictability in governmental decisionmaking;
          (4) to encourage the participation and cooperation of 
        the public, [state] State and local governments, and 
        interstate and other regional agencies, as well as of 
        the Federal agencies having programs affecting the 
        coastal zone, in carrying out the purposes of this 
        title;
          (5) to encourage coordination and cooperation with 
        and among the appropriate Federal, State, and local 
        agencies, and international organizations where 
        appropriate, in collection, analysis, synthesis, and 
        dissemination of coastal management information, 
        research results, and technical assistance, to support 
        State and Federal regulation of land use practices 
        affecting the coastal and ocean resources of the United 
        States; and
          (6) to respond to changing circumstances affecting 
        the coastal environment and coastal resource management 
        by encouraging States to consider such issues as ocean 
        uses potentially affecting the coastal zone.

SEC. 304. DEFINITIONS.

                            [16 U.S.C. 1453]

  For the purposes of this title--
          (1) The term ``coastal zone'' means the coastal 
        waters (including the lands therein and thereunder) and 
        the adjacent shorelands (including the waters therein 
        and thereunder), strongly influenced by each other and 
        in proximity to the shorelines of the several coastal 
        states, and includes islands, transitional and 
        intertidal areas, salt marshes, wetlands, and beaches. 
        The zone extends, in Great Lakes waters, to the 
        international boundary between the United States and 
        Canada and, in other areas, seaward to the outer limit 
        of State title and ownership under the Submerged Lands 
        Act (43 U.S.C. 1301 et seq.), the Act of March 2, 1917 
        (48 U.S.C. 749), the Covenant to Establish a 
        Commonwealth of the Northern Mariana Islands in 
        Political Union with the United States of America, as 
        approved by the Act of March 24, 1976 (48 U.S.C. 1681 
        note), or section 1 of the Act of November 20, 1963 (48 
        U.S.C. 1705), as applicable. The zone extends inland 
        from the shorelines only to the extent necessary to 
        control shorelands, the uses of which have a direct and 
        significant impact on the coastal waters, and to 
        control those geographical areas which are likely to be 
        affected by or vulnerable to sea level rise. Excluded 
        from the coastal zone are lands the use of which is by 
        law subject solely to the discretion of or which is 
        held in trust by the Federal Government, its officers 
        or agents.
          (2) The term ``coastal resource of national 
        significance'' means any coastal wetland, beach, dune, 
        barrier island, reef, estuary, or fish and wildlife 
        habitat, [if any such area is determined by a coastal 
        state to be of substantial biological or natural storm 
        protective value] if any such area is determined by a 
        coastal state, alone or in combination with other such 
        areas, to be of substantial biological, research, 
        geological, hydrological, natural, ecological, storm 
        protective, water quality, or flood risk protective 
        value.
          (3) The term ``coastal waters'' means (A) in the 
        Great Lakes area, the waters within the territorial 
        jurisdiction of the United States consisting of the 
        Great Lakes, their connecting waters, harbors, 
        roadsteads, and estuary-type areas such as bays, 
        shallows, and marshes and (B) in other areas, those 
        waters, adjacent to the shorelines, which contain a 
        measurable quantity or percentage of sea water, 
        including, but not limited to, sounds, bays, lagoons, 
        bayous, ponds, and estuaries.
          (4) The term ``coastal state'' means a state of the 
        United States in, or bordering on, the Atlantic, 
        Pacific, or Arctic Ocean, the Gulf of Mexico, Long 
        Island Sound, or one or more of the Great Lakes. For 
        the purposes of this title, the term also includes 
        Puerto Rico, the Virgin Islands, Guam, the Commonwealth 
        of the Northern Mariana Islands, and the Trust 
        Territories of the Pacific Islands, and American Samoa.
          (5) The term ``coastal energy activity'' means any of 
        the following activities if, and to the extent that (A) 
        the conduct, support, or facilitation of such activity 
        requires and involves the siting, construction, 
        expansion, or operation of any equipment or facility; 
        and (B) any technical requirement exists which, in the 
        determination of the Secretary, necessitates that the 
        siting, construction, expansion, or operation of such 
        equipment or facility be carried out in, or in close 
        proximity to, the coastal zone of [any coastal state] 
        any State;
                          (i) Any outer Continental Shelf 
                        energy activity.
                          (ii) Any transportation, conversion, 
                        treatment, transfer, or storage of 
                        liquefied natural gas.
                          (iii) Any transportation, transfer, 
                        or storage of oil, natural gas, or coal 
                        (including, but not limited to, by 
                        means of any deepwater port, as defined 
                        in section 3(10) of the Deepwater Port 
                        Act of 1974 (33 U.S.C. 1502(10)).
                          (iv) Any production, transportation, 
                        transfer, or storage of renewable 
                        energy.
          For purposes of this paragraph, the siting, 
        construction, expansion, or operation of any equipment 
        or facility shall be ``in close proximity to'' the 
        coastal zone of [any coastal state] any State if such 
        siting, construction, expansion, or operation has, or 
        is likely to have, a significant effect on such coastal 
        zone.
          [(6) The term ``energy facilities'' means any 
        equipment or facility which is or will be used 
        primarily--
                  [(A) in the exploration for, or the 
                development, production, conversion, storage, 
                transfer, processing, or transportation of, any 
                energy resource; or
                  [(B) for the manufacture, production, or 
                assembly of equipment, machinery, products, or 
                devices which are involved in any activity 
                described in subparagraph (A).
          [The term includes, but is not limited to (i) 
        electric generating plants; (ii) petroleum refineries 
        and associated facilities; (iii) gasification plants; 
        (iv) facilities used for the transportation, 
        conversion, treatment, transfer, or storage of 
        liquefied natural gas; (v) uranium enrichment or 
        nuclear fuel processing facilities; (vi) oil and gas 
        facilities, including platforms, assembly plants, 
        storage depots, tank farms, crew and supply bases, and 
        refining complexes; (vii) facilities including 
        deepwater ports, for the transfer of petroleum; (viii) 
        pipelines and transmission facilities; and (ix) 
        terminals which are associated with any of the 
        foregoing.]
          (6) The term ``energy facilities''--
                  (A) means any equipment or facility which is 
                or will be used primarily--
                          (i) in the exploration for, or the 
                        development, production, conversion, 
                        storage, transfer, processing, or 
                        transportation of, any energy or 
                        renewable energy resource; or
                          (ii) for the manufacture, production, 
                        or assembly of equipment, machinery, 
                        products, or devices which are involved 
                        in any activity described in clause 
                        (i); and
                  (B) includes--
                          (i) electric generating plants;
                          (ii) petroleum refineries and 
                        associated facilities;
                          (iii) gasification plants;
                          (iv) facilities used for the 
                        transportation, conversion, treatment, 
                        transfer, or storage of liquefied 
                        natural gas;
                          (v) uranium enrichment or nuclear 
                        fuel processing facilities;
                          (vi) oil and gas facilities, 
                        including platforms, assembly plants, 
                        storage depots, tank farms, crew and 
                        supply bases, and refining complexes;
                          (vii) facilities including deepwater 
                        ports, for the transfer of petroleum;
                          (viii) facilities for the production, 
                        transportation, transfer, or storage of 
                        renewable energy;
                          (ix) pipelines and transmission 
                        facilities; and
                          (x) terminals which are associated 
                        with any of the foregoing.
          [(6a)](7) [The]The term ``enforceable policy'' means 
        State policies which are legally binding through 
        constitutional provisions, laws, regulations, land use 
        plans, ordinances, or judicial or administrative 
        decisions, by which a State exerts control over private 
        and public [land and water uses] land uses and water 
        uses and natural resources in the coastal zone.
          [(7)](8) The term ``estuary'' means that part of a 
        river or stream or other body of water having 
        unimpaired connection with the open sea, where the sea 
        water is measurably diluted with fresh water derived 
        [from land drainage] from land drainage, or where there 
        is tidal influence without regard to salinity. The term 
        includes estuary-type areas of the Great Lakes.
          [(8)](9) The term ``estuarine sanctuary'' means a 
        research area which may include any part or all of an 
        estuary and any island, transitional area, and upland 
        in, adjoining, or adjacent to such estuary, and which 
        constitutes to the extent feasible a natural unit, set 
        aside to provide scientists and students the 
        opportunity to examine over a period of time the 
        ecological relationships within the area.
          [(9)](10) The term ``Fund'' means the Coastal Zone 
        Management Fund established under section 308(b).
          [(10)](11) The term ``land use'' means activities 
        which are conducted in, or on the shorelands within, 
        the coastal zone, subject to the requirements outlined 
        in section 307(g).
          [(11)](12) The term ``local government'' means any 
        political subdivison of, or any special entity created 
        by, any coastal state which (in whole or part) is 
        located in, or has authority over, such [state's] 
        State's coastal zone and which (A) has authority to 
        levy taxes, or to establish and collect user fees, or 
        (B) provides any public facility or public service 
        which is financed in whole or part by taxes or user 
        fees. The term includes, but is not limited to, any 
        school district, fire district, transportation 
        authority, and any other special purpose district or 
        authority.
          [(12)](13) The term ``management program'' includes, 
        but is not limited to, a comprehensive statement in 
        words, maps, illustrations, or other media of 
        communication, prepared and adopted by the [state] 
        State in accordance with the provisions of this title, 
        setting forth objectives, policies, and standards to 
        guide public and private uses of lands and waters in 
        the coastal zone.
          [(13)](14) The term ``outer Continental Shelf energy 
        activity'' means any exploration for, or any 
        development or production of, oil or natural gas from 
        the outer Continental Shelf (as defined in section 2(a) 
        of the Outer Continental Shelf Lands Act (43 U.S.C. 
        1331(a))), or the siting, construction, expansion, or 
        operation of any new or expanded energy facilities 
        directly required by such exploration, development, or 
        production.
          [(14)](15) The term ``person'' means any individual; 
        any corporation, partnership, association, or other 
        entity organized or existing under the laws of any 
        [state] State; the Federal Government; any state, 
        regional, or local government; or any entity of any 
        such Federal, [state] State, regional, or local 
        government.
          [(15)](16) The term ``public facilities and public 
        services'' means facilities or services which are 
        financed, in whole or in part, by any [state] State or 
        political subdivision thereof, including, but not 
        limited to, highways and secondary roads, parking, mass 
        transit, docks, navigation aids, fire and police 
        protection, water supply, waste collection and 
        treatment (including drainage), schools and education, 
        and hospitals and health care. Such term may also 
        include any other facility or service so financed which 
        the Secretary finds will support increased population.
          (17) The term ``renewable energy'' means any energy 
        that has recently originated from the sun, including 
        direct and indirect solar radiation and intermediate 
        solar energy forms, such as wind, ocean thermal 
        gradients, ocean currents and waves, hydropower, 
        photovoltaic energy, products of photosynthetic 
        processes, organic wastes, and others.
          [(16)](18) The term ``Secretary'' means the Secretary 
        of Commerce.
          [(17)](19) The term ``special area management plan'' 
        means a comprehensive plan providing for natural 
        resource protection and reasonable coastal-dependent 
        economic growth containing a detailed and comprehensive 
        statement of policies; standards and criteria to guide 
        public and private uses of lands and waters; and 
        mechanisms for timely implementation in specific 
        geographic areas within the coastal zone.
          [(18)](20) The term ``water use'' means a use, 
        activity, or project conducted in or on waters within 
        the coastal zone.
          (21) The term ``working waterfront'' means waterfront 
        lands, waterfront infrastructure, and waterways that 
        are used for a water-dependent commercial activity.

SEC. 306. ADMINISTRATIVE GRANTS.

[16 U.S.C. 1455]

           *       *       *       *       *       *       *

  (d) Mandatory Adoption of State Management Program for 
Coastal Zone.--Before approving a management program submitted 
by a coastal state, the Secretary shall find the following:
          (1) The State has developed and adopted a management 
        program for its coastal zone in accordance with rules 
        and regulations promulgated by the Secretary, after 
        notice, and with the opportunity of full participation 
        by relevant Federal agencies, State agencies, local 
        governments, regional organizations, port authorities, 
        and other interested parties and individuals, public 
        and private, which is adequate to carry out the 
        purposes of this title and is consistent with the 
        policy declared in section 303.
          (2) The management program includes each of the 
        following required program elements:
                  (A) An identification of the boundaries of 
                the coastal zone subject to the management 
                program.
                  (B) A definition of what shall constitute 
                permissible land uses and water users within 
                the coastal zone which have a direct and 
                significant impact on the coastal waters.
                  (C) An inventory and designation of areas of 
                particular concern within the coastal zone.
                  (D) An identification of the means by which 
                the State proposes to exert control over the 
                land uses and water uses referred to in 
                subparagraph (B), including a list of relevant 
                State constitutional provisions, laws, 
                regulations, and judicial decisions.
                  (E) Broad guidelines on priorities of uses in 
                particular areas, including specifically those 
                uses of lowest priority.
                  (F) A description of the organizational 
                structure proposed to implement such management 
                program, including the responsibilities and 
                interrelationships of local, areawide, State, 
                regional, and interstate agencies in the 
                management process.
                  (G) A definition of the term "beach" and a 
                planning process for the protection of, and 
                access to, public beaches and other public 
                coastal areas of environmental, recreational, 
                historical, esthetic, ecological, or cultural 
                value.
                  (H) A planning process for energy facilities 
                likely to be located in, or which may 
                significantly affect, the coastal zone, 
                including a process for anticipating the 
                management of the impacts resulting from such 
                facilities.
                  (I) A planning process for assessing the 
                effects of, and studying and evaluating ways to 
                control, or lessen the impact of, shoreline 
                erosion, and to restore areas adversely 
                affected by such erosion.
          (3) The State has--
                  (A) coordinated its program with local, 
                areawide, and interstate plans applicable to 
                areas within the coastal zone--
                          (i) existing on January 1 of the year 
                        in which the State's management program 
                        is submitted to the Secretary; and
                          (ii) which have been developed by a 
                        local government, an areawide agency, a 
                        regional agency, or an interstate 
                        agency; and
                  (B) established an effective mechanism for 
                continuing consultation and coordination 
                between the management agency designated 
                pursuant to paragraph (6) and with local 
                governments, interstate agencies, regional 
                agencies, and areawide agencies within the 
                coastal zone to assure the full participation 
                of those local governments and agencies in 
                carrying out the purposes of this title; except 
                that the Secretary shall not find any mechanism 
                to be effective for purposes of this 
                subparagraph unless it requires that--
                          (i) the management agency, before 
                        implementing any management program 
                        decision which would conflict with any 
                        local zoning ordinance, decision, or 
                        other action, shall send a notice of 
                        the management program decision to any 
                        local government whose zoning authority 
                        is affected;
                          (ii) within the 30-day period 
                        commencing on the date of receipt of 
                        that notice, the local government may 
                        submit to the management agency written 
                        comments on the management program 
                        decision, and any recommendation for 
                        alternatives; and
                          (iii) the management agency, if any 
                        comments are submitted to it within the 
                        30-day period by any local government--
                                  (I) shall consider the 
                                comments;
                                  (II) may, in its discretion, 
                                hold a public hearing on the 
                                comments; and
                                  (III) may not take any action 
                                within the 30-day period to 
                                implement the management 
                                program decision.
          (4) The State has held public hearings in the 
        development of the management program.
          (5) The management program and any changes thereto 
        have been reviewed and approved by the Governor of the 
        State.
          (6) The Governor of the State has designated a single 
        State agency to receive and administer grants for 
        implementing the management program.
          (7) The State is organized to implement the 
        management program.
          (8) The management program provides for adequate 
        consideration of the national interest involved in 
        planning for, and managing the coastal zone, including 
        the siting of facilities such as energy facilities 
        which are of greater than local significance. In the 
        case of energy facilities, the Secretary shall find 
        that the State has given consideration to any 
        applicable national or interstate energy plan or 
        program.
          (9) The management program includes procedures 
        whereby specific areas may be designated for the 
        purpose of preserving or restoring them for their 
        conservation, recreational ecological, historical, or 
        esthetic values.
          (10) The State, acting through its chosen agency or 
        agencies (including local governments, areawide 
        agencies, regional agencies, or interstate agencies) 
        has authority for the management of the coastal zone in 
        accordance with the management program. Such authority 
        shall include power--
                  (A) to administer land use and water use 
                regulations to control development, to ensure 
                compliance with the management program, and to 
                resolve conflicts among competing uses; and
                  (B) to acquire fee simple and less than fee 
                simple interests in land, waters, and other 
                property through condemnation or other means 
                when necessary to achieve conformance with the 
                management program.
          (11) The management program provides for any one or a 
        combination of the following general techniques for 
        control of land uses and water uses within the coastal 
        zone:
                  (A) State establishment of criteria and 
                standards for local implementation, subject to 
                administrative review and enforcement.
                  (B) Direct State land and water use planning 
                and regulation.
                  (C) State administrative review for 
                consistency with the management program of all 
                development plans, projects, or land and water 
                use regulations, including exceptions and 
                variances thereto, proposed by any State or 
                local authority or private developer, with 
                power to approve or disapprove after public 
                notice and an opportunity for hearings.
          (12) The management program contains a method of 
        assuring that local land use and water use regulations 
        within the coastal zone do not unreasonably restrict or 
        exclude land uses and water uses of regional benefit.
          (13) The management program provides for--
                  (A) the inventory and designation of areas 
                that contain one or more coastal resources of 
                national significance; and
                  (B) specific and enforceable standards to 
                protect such resources.
          (14) The management program provides for public 
        participation in permitting processes, consistency 
        determinations, and other similar decisions.
          (15) The management program provides a mechanism to 
        ensure that all State agencies will adhere to the 
        program.
          (16) The management program contains enforceable 
        policies and mechanisms to implement the applicable 
        requirements of the Coastal Nonpoint Pollution Control 
        Program of the State required by section 6217 of the 
        Coastal Zone Act Reauthorization Amendments of 1990.

           *       *       *       *       *       *       *

SEC. 306A. COASTAL RESOURCE IMPROVEMENT PROGRAM.

                           [16 U.S.C. 1455a]

  (a) Definitions.--For purposes of this section--
          (1) The term ``eligible coastal state'' means a 
        coastal state that for any fiscal year for which a 
        grant is applied for under this section--
                  (A) has a management program approved under 
                section 306; and
                  (B) in the judgment of the Secretary, is 
                making satisfactory progress in activities 
                designed to result in significant improvement 
                in achieving the coastal management objectives 
                specified in section 303(2)(A) through (K).
          (2) The term ``urban waterfront and port'' means any 
        developed area that is densely populated and is being 
        used for, or has been used for, urban residential 
        recreational, commercial, shipping or industrial 
        purposes.
  (b) Resource Management Improvement Grants.--The Secretary 
may make grants to any eligible coastal state to assist that 
[state in] State in meeting one or more of the following 
objectives:
          (1) The preservation or restoration of specific areas 
        of [the state] the State that (A) are designated under 
        the management program procedures required by section 
        306(d)(9) because of their conservation recreational, 
        ecological, or esthetic values, or (B) contain one or 
        more coastal resources of national significance, or for 
        the purpose of restoring and enhancing shellfish 
        production by the purchase and distribution of [clutch] 
        cultch material on publicly owned reef tracts.
          (2) The redevelopment of deteriorating and 
        underutilized urban waterfronts and ports that are 
        designated in the [state's] State's management program 
        pursuant to section 306(d)(2)(C) as areas of particular 
        concern.
          (3) The provision of access to public beaches and 
        other public coastal areas and to coastal waters in 
        accordance with the planning process required under 
        section 306(d)(2)(G).
          (4) The development of a coordinated process among 
        State agencies to regulate and issue permits for 
        aquaculture facilities in the coastal zone.
          (5) The preservation or redevelopment of working 
        waterfronts in the coastal zone.
  (c) Uses, Terms and Conditions of Grants.--
          (1) Each grant made by the Secretary under this 
        section shall be subject to such terms and conditions 
        as may be appropriate to ensure that the grant is used 
        for purposes consistent with this section.
          (2) Grants made under this section may be used for--
                  (A) the acquisition of fee simple and other 
                interests in land;
                  (B) low-cost construction projects determined 
                by the Secretary to be consistent with the 
                purposes of this section, including but not 
                limited to, paths, walkways, fences, parks, and 
                the rehabilitation of historic buildings and 
                structures; except that not more than 50 per 
                centum of any grant made under this section may 
                be used for such construction projects;
                  (C) in the case of grants made for objectives 
                described in subsection (b)(2)--
                          (i) the rehabilitation or acquisition 
                        of piers to provide increased public 
                        use, including compatible commercial 
                        activity,
                          (ii) the establishment of shoreline 
                        stabilization measures including the 
                        installation or rehabilitation of 
                        bulkheads for the purpose of public 
                        safety or increasing public access and 
                        use, and
                          (iii) the removal or replacement of 
                        pilings where such action will provide 
                        increased recreational use of urban 
                        waterfront areas,
          but activities provided for under this paragraph 
        shall not be treated as construction projects subject 
        to the limitations in paragraph (B);
                  (D) engineering designs, specifications, and 
                other appropriate reports; and
                  (E) educational, interpretive, and management 
                costs and such other related costs as the 
                Secretary determines to be consistent with the 
                purposes of this section.
  (d) State Matching Contributions; Ratio; Maximum Amount of 
Grants.--
          (1) The Secretary may make grants to any coastal 
        state for the purpose of carrying out the project or 
        purpose for which such grants are awarded, if [the 
        state] the State matches any such grant according to 
        the following ratios of Federal [to state] to State 
        contributions for the applicable fiscal year: 4 to 1 
        for fiscal year 1986; 2.3 to 1 for fiscal year 1987; 
        1.5 to 1 for fiscal year 1988; and 1 to 1 for each 
        fiscal year after fiscal year 1988.
          (2) Grants provided under this section may be used to 
        pay a coastal state's share of costs required under any 
        other Federal program that is consistent with the 
        purposes of this section.
          (3) The total amount of grants made under this 
        section to any eligible coastal state for any fiscal 
        year may not exceed an amount equal to 10 per centum of 
        the total amount appropriated to carry out this section 
        for such fiscal year.
  (e) Allocation of Grants to Local Governments and Other 
Agencies.--With the approval of the Secretary, an eligible 
coastal state may allocate to a local government, an areawide 
agency designated under section 204 of the Demonstration Cities 
and Metropolitan Development Act of 1966, a regional agency, or 
an interstate agency, a portion of any grant made under this 
section for the purpose of carrying out this section; except 
that such an allocation shall not relieve [that state] that 
State of the responsibility for ensuring that any funds so 
allocated are applied in furtherance of [the state's] the 
State's approved management program.
  (f) Other Technical and Financial Assistance.--In addition to 
providing grants under this section, the Secretary shall assist 
eligible coastal states and their local governments in 
identifying and obtaining other sources of available Federal 
technical and financial assistance regarding the objectives of 
this section.

SEC. 307. COORDINATION AND COOPERATION.

                            [16 U.S.C. 1456]

  (a) Federal Agencies.--In carrying out his functions and 
responsibilities under this title, the Secretary shall consult 
with, cooperate with, and, to the maximum extent practicable, 
coordinate his activities with other interested Federal 
agencies.
  (b) Adequate Consideration of Views of Federal Agencies.--The 
Secretary shall not approve the management program submitted by 
a [state] State pursuant to section 306 unless the views of 
Federal agencies principally affected by such program have been 
adequately considered.
  (c) Consistency of Federal Activities With State Management 
Programs; Certification.--
          (1)(A) Each Federal agency activity within or outside 
        the coastal zone that affects any land or water use or 
        natural resource of the coastal zone shall be carried 
        out in a manner which is consistent to the maximum 
        extent practicable with the enforceable policies of 
        approved State management programs. A Federal agency 
        activity shall be subject to this paragraph unless it 
        is subject to paragraph (2) or (3).
                  (B) After any final judgment, decree, or 
                order of any Federal court that is appealable 
                under section 1291 or 1292 of title 28, United 
                States Code, or under any other applicable 
                provision of Federal law, that a specific 
                Federal agency activity is not in compliance 
                with subparagraph (A), and certification by the 
                Secretary that mediation under subsection (h) 
                is not likely to result in such compliance, the 
                President may, upon written request from the 
                Secretary, exempt from compliance those 
                elements of the Federal agency activity that 
                are found by the Federal court to be 
                inconsistent with an approved State program, if 
                the President determines that the activity is 
                in the paramount interest of the United States. 
                No such exemption shall be granted on the basis 
                of a lack of appropriations unless the 
                President has specifically requested such 
                appropriations as part of the budgetary 
                process, and the Congress has failed to make 
                available the requested appropriations.
                  (C) Each Federal agency carrying out an 
                activity subject to paragraph (1) shall provide 
                a consistency determination to the relevant 
                State agency designated under section 306(d)(6) 
                at the earliest practicable time, but in no 
                case later than 90 days before final approval 
                of the Federal activity unless both the Federal 
                agency and the State agency agree to a 
                different schedule.
          (2) Any Federal agency which shall undertake any 
        development project in the coastal zone of [a state] a 
        State shall insure that the project is, to the maximum 
        extent practicable, consistent with the enforceable 
        policies of approved state management programs.
          (3)(A) After final approval by the Secretary of a 
        [state's] State's management program, any applicant for 
        a required Federal license or permit to conduct an 
        activity, in or outside of the coastal zone, affecting 
        any land or water use or natural resource of the 
        coastal zone of [that state] that State shall provide 
        in the application to the licensing or permitting 
        agency a certification that the proposed activity 
        complies with the enforceable policies of the [state's] 
        State's approved program and that such activity will be 
        conducted in a manner consistent with the program. At 
        the same time, the applicant shall furnish to [the 
        state] the State or its designated agency a copy of the 
        certification, with all necessary information and data. 
        Each coastal state shall establish procedures for 
        public notice in the case of all such certifications 
        and, to the extent it deems appropriate, procedures for 
        public hearings in connection therewith. At the 
        earliest practicable time, [the state] the State of its 
        designated agency shall notify the Federal agency 
        concerned that [the state] the State concurs with or 
        objects to the applicant's certification. If [the 
        state] the State or its designated agency fails to 
        furnish the required notification within six months 
        after receipt of its copy of the applicant's 
        certification, the [state's] State's concurrence with 
        the certification shall be conclusively presumed. No 
        license or permit shall be granted by the Federal 
        agency until [the state] the State or its designated 
        agency has concurred with the applicant's certification 
        or until, by the [state's] State's failure to act, the 
        concurrence is conclusively presumed, unless the 
        Secretary, on his own initiative or upon appeal by the 
        applicant, finds, after providing a reasonable 
        opportunity for detailed comments from the Federal 
        agency involved and from [the state] the State, that 
        the activity is consistent with the objectives of this 
        title or is otherwise necessary in the interest of 
        national security.
                  (B) After the management program of any 
                coastal state has been approved by the 
                Secretary under section 306, any person who 
                submits to the Secretary of the Interior any 
                plan for the exploration or development of, or 
                production from, any area which has been leased 
                under the Outer Continental Shelf Lands Act (43 
                U.S.C. 1331 et seq.) and regulations under such 
                Act shall, with respect to any exploration, 
                development, or production described in such 
                plan and affecting any land or water use or 
                natural resource of the coastal zone of [such 
                state] such State, attach to such plan a 
                certification that each activity which is 
                described in detail in such plan complies with 
                the enforceable policies of such [state's] 
                State's approved management program and will be 
                carried out in a manner consistent with such 
                program. No Federal official or agency shall 
                grant such person any license or permit for any 
                activity described in detail in such plan until 
                [such state] such State or its designated 
                agency receives a copy of such certification 
                and plan, together with any other necessary 
                data and information, and until--
                          (i) [such state] such State or its 
                        designated agency, in accordance with 
                        the procedures required to be 
                        established by [such state] such State 
                        pursuant to subparagraph (A), concurs 
                        with such person's certification and 
                        notifies the Secretary and the 
                        Secretary of the Interior of such 
                        concurrence;
                          (ii) concurrence by [such state] such 
                        State with such certification is 
                        conclusively presumed as provided for 
                        in subparagraph (A), except if [such 
                        state] such State fails to concur with 
                        or object to such certification within 
                        three months after receipt of its copy 
                        of such certification and supporting 
                        information, [such state] such State 
                        shall provide the Secretary, the 
                        appropriate [federal] Federal agency, 
                        and such person with a written 
                        statement describing the status of 
                        review and the basis for further delay 
                        in issuing a final decision, and if 
                        such statement is not so provided, 
                        concurrence by [such state] such State 
                        with such certification shall be 
                        conclusively presumed; or
                          (iii) the Secretary finds, pursuant 
                        to subparagraph (A), that each activity 
                        which is described in detail in such 
                        plan is consistent with the objectives 
                        of this title or is otherwise necessary 
                        in the interest of national security.
          If [a state] a state concurs or is conclusively 
        presumed to concur, or if the Secretary makes such a 
        finding, the provisions of subparagraph (A) are not 
        applicable with respect to such person, [such state] 
        such State, and any Federal license or permit which is 
        required to conduct any activity affecting land uses or 
        water uses in the coastal zone of [such state] such 
        State which is described in detail in the plan to which 
        such concurrence or finding applies. If [such state] 
        such State objects to such certification and if the 
        Secretary fails to make a finding under clause (iii) 
        with respect to such certification, or if such person 
        fails substantially to comply with such plan as 
        submitted, such person shall submit an amendment to 
        such plan, or a new plan, to the Secretary of the 
        Interior. With respect to any amendment or new plan 
        submitted to the Secretary of the Interior pursuant to 
        the preceding sentence, the applicable time period for 
        purposes of concurrence by conclusive presumption under 
        subparagraph (A) is 3 months.
  (d) Applications of Local Governments for Federal Assistance; 
Relationship of Activities With Approved Management Programs.--
State and local governments submitting applications for Federal 
assistance under other Federal programs, in or outside of the 
coastal zone, affecting any land or water use of natural 
resource of the coastal zone shall indicate the views of the 
appropriate [state]State or local agency as to the relationship 
of such activities to the approved management program for the 
coastal zone. Such applications shall be submitted and 
coordinated in accordance with the provisions of title IV of 
the Inter-governmental Coordination Act of 1968 (82 Stat. 
1098). Federal agencies shall not approve proposed projects 
that are inconsistent with the enforceable policies of a 
coastal state's management program, except upon a finding by 
the Secretary that such project is consistent with the purposes 
of this title or necessary in the interest of national 
security.
  (e) Construction With Other Laws.--Nothing in this title 
shall be construed--
          (1) to diminish either Federal [or state] or State 
        jurisdiction, responsibility, or rights in the field of 
        planning, development, or control of water resources, 
        submerged lands, or navigable waters; nor to displace, 
        supersede, limit, or modify any interstate compact or 
        the jurisdiction or responsibility of any legally 
        established joint or common agency of two or [more 
        states] more States or of two or [more states] more 
        States and the Federal Government; nor to limit the 
        authority of Congress to authorize and fund projects;
          (2) as superseding, modifying, or repealing existing 
        laws applicable to the various Federal agencies; nor to 
        affect the jurisdiction, powers, or prerogatives of the 
        International Joint Commission, United States and 
        Canada, the Permanent Engineering Board, and the United 
        States operating entity or entities established 
        pursuant to the Columbia River Basin Treaty, signed at 
        Washington, January 17, 1961, or the International 
        Boundary and Water Commission, United States and 
        Mexico.
  (f) Construction With Existing Requirements of Water and Air 
Pollution Programs.--Notwithstanding any other provision of 
this title, nothing in this title shall in any way affect any 
requirement (1) established by the Federal Water Pollution 
Control Act, as amended, or the Clean Air Act, as amended, or 
(2) established by the Federal Government or by [any state] any 
State or local government pursuant to such Acts. Such 
requirements shall be incorporated in any program developed 
pursuant to this title and shall be the water pollution control 
and air pollution control requirements applicable to such 
program.
  (g) Concurrence With Programs Which Affect Inland Areas.--
When [any state's] any State's coastal zone management program, 
submitted for approval or proposed for modification pursuant to 
section 306 of this title, includes requirements as to 
shorelands which also would be subject to any Federally 
supported national land use program which may be hereafter 
enacted, the Secretary, prior to approving such program, shall 
obtain the concurrence of the Secretary of the Interior, or 
such other Federal official as may be designated to administer 
the national land use program, with respect to that portion of 
the coastal zone management program affecting such inland 
areas.
  [(h) Mediation of Disagreements.--In case of serious 
disagreement between any Federal agency and a coastal state--
          [(1) in the development or the initial implementation 
        of a management program under section 305; or
          [(2) in the administration of a management program 
        approved under section 306;
          [(1) the Secretary, with the cooperation of the 
        Executive Office of the President, shall seek to 
        mediate the differences involved in such disagreement. 
        The process of such mediation shall, with respect to 
        any disagreement described in paragraph (2), include 
        public hearings which shall be conducted in the local 
        area concerned.]
  (h) Mediation of Disagreements.--
          (1) In general.--The Secretary may mediate a serious 
        disagreement between any Federal agency and a coastal 
        state or between two or more willing coastal states--
                  (A) in the development or the initial 
                implementation of a management program under 
                section 305;
                  (B) in the administration of a management 
                program approved under section 305; or
                  (C) in coordination and cooperation under 
                this section.
          (2) Cooperation.--The Secretary, with the cooperation 
        of the Executive Office of the President, shall seek to 
        mediate the differences involved in a disagreement 
        described in paragraph (1).
          (3) Public hearings.--Mediation under this subsection 
        shall, with respect to any disagreement described in 
        paragraph (1)(B), include public hearings in the local 
        area concerned.
  (i) Federal Fee.--
          (1) With respect to appeals under subsections (c)(3) 
        and (d) which are submitted after the date of the 
        enactment of the Coastal Zone Act Reauthorization 
        Amendments of 1990, the Secretary shall collect an 
        application fee of not less than $200 for minor appeals 
        and not less than $500 for major appeals, unless the 
        Secretary, upon consideration of an applicant's request 
        for a fee waiver, determines that the applicant is 
        unable to pay the fee.
          (2)(A) The Secretary shall collect such other fees as 
        are necessary to recover the full costs of 
        administering and processing such appeals under 
        subsection (c).
                  (B) If the Secretary waives the application 
                fee under paragraph (1) for an applicant, the 
                Secretary shall waive all other fees under this 
                subsection for the applicant.
          (3) Fees collected under this subsection shall be 
        deposited into the Coastal Zone Management Fund 
        established under section 308.
  (j) Interstate and Regional Coordination.--
          (1) The coastal states are encouraged--
                  (A) to coordinate State coastal zone 
                planning, policies, and programs with respect 
                to contiguous areas, shared resources, and 
                interstate waters of such States;
                  (B) to study, plan, and implement unified 
                coastal zone policies with respect to such 
                areas; and
                  (C) to establish an effective mechanism, and 
                participate in mediation under subsection (h), 
                to identify, examine, and cooperatively resolve 
                mutual problems with respect to the marine and 
                coastal areas which affect, directly or 
                indirectly, the coastal zone.
          (2) Subject to paragraph (3), the coastal zone 
        activities described in this subsection may be 
        conducted pursuant to interstate or regional agreements 
        or compacts.
          (3) Two or more coastal states may negotiate and 
        enter into any interstate or regional agreement or 
        compact to do the following unless the agreement or 
        compact conflicts with any law or treaty of the United 
        States:
                  (A) To develop and administer coordinated 
                coastal zone planning, policies, programs, and 
                dispute resolution.
                  (B) To establish executive instrumentalities 
                or agencies that such States consider necessary 
                for the effective implementation of an 
                agreement or compact under this subsection.
          (4) An agreement or compact under paragraph (3) shall 
        be binding and obligatory upon any State or party 
        thereto without further approval by Congress.

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

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

           *       *       *       *       *       *       *

  (f) Matching Requirements.--
          (1) In general.--The Secretary may not make a grant 
        under the program unless the Federal funds are matched 
        by non-Federal funds in accordance with this 
        subsection.
          (2) Cost share requirement.--
                  (A) In general.--Grant funds under the 
                program shall require a 100 percent match from 
                other non-Federal sources.
                  (B) Waiver of requirement.--The Secretary may 
                grant a waiver of subparagraph (A) for 
                underserved communities, communities that have 
                an inability to draw on other sources of 
                funding because of the small population or low 
                income of the community, or for other reasons 
                the Secretary deems appropriate and consistent 
                with the purposes of the program.
          (3) Other federal funds.--Where financial assistance 
        awarded under this section represents only a portion of 
        the total cost of a project, funding from other Federal 
        sources may be applied to the cost of the project. Each 
        portion shall be subject to match requirements under 
        the applicable provision of law.
          (4) Source of matching cost share.--For purposes of 
        paragraph (2)(A), the non-Federal cost share for a 
        project may be determined by taking into account the 
        following:
                  (A) The value of land or a conservation 
                easement may be used by a project applicant as 
                non-Federal match, if the Secretary determines 
                that--
                          (i) the land meets the criteria set 
                        forth in [section 2(b)] subsection (b) 
                        and is acquired in the period beginning 
                        3 years before the date of the 
                        submission of the grant application and 
                        ending 3 years after the date of the 
                        award of the grant;
                          (ii) the value of the land or 
                        easement is held by a non-governmental 
                        organization included in the grant 
                        application in perpetuity for 
                        conservation purposes of the program; 
                        and
                          (iii) the land or easement is 
                        connected either physically or through 
                        a conservation planning process to the 
                        land or easement that would be 
                        acquired.
                  (B) The appraised value of the land or 
                conservation easement at the time of the grant 
                closing will be considered and applied as the 
                non-Federal cost share.
                  (C) Costs associated with land acquisition, 
                land management planning, remediation, 
                restoration, and enhancement may be used as 
                non- Federal match if the activities are 
                identified in the plan and expenses are 
                incurred within the period of the grant award, 
                or, for lands described [in (A)] in 
                subparagraph (A), within the same time limits 
                described therein. These costs may include 
                either cash or in-kind contributions.

           *       *       *       *       *       *       *

SEC. 309. COASTAL ZONE ENHANCEMENT GRANTS.

                           [16 U.S.C. 1456b]

  (a) ``Coastal Zone Enhancement Objective'' Defined.--For 
purposes of this section, the term ``coastal zone enhancement 
objective'' means any of the following objectives:
          [(1) Protection, restoration, or enhancement of the 
        existing coastal wetlands base, or creation of new 
        coastal wetlands.]
          (1) Protection, restoration, or enhancement of 
        existing coastal wetlands, seagrass beds, coral reefs, 
        oyster habitat, and marine habitat, or creation of new 
        coastal wetlands.
          [(2) Preventing or significantly reducing threats to 
        life and destruction of property by eliminating 
        development and redevelopment in high-hazard areas, 
        managing development in other hazard areas, and 
        anticipating and managing the effects of potential sea 
        level rise and Great Lakes level rise.]
          (2) Increasing coastal resilience and preventing or 
        reducing loss of life and property by limiting 
        development and redevelopment in high-hazard areas, 
        using natural and restoration approaches to reduce 
        flood risk, or anticipating and managing the effects of 
        potential sea level rise and Great Lakes level change.
          (3) Attaining increased opportunities for public 
        access, taking into account current and future public 
        access needs, to coastal areas of recreational, 
        historical, aesthetic, ecological, or cultural value.
          (4) Reducing marine debris entering the Nation's 
        coastal and ocean environment by managing uses and 
        activities that contribute to the entry of such debris.
          (5) Development and adoption of procedures to assess, 
        consider, and control cumulative and secondary impacts 
        of coastal growth and development, including the 
        collective effect on various individual uses or 
        activities on coastal resources, such as coastal 
        wetlands and fishery resources.
          (6) Preparing and implementing special area 
        management plans for important coastal areas.
          [(7) Planning for the use of ocean resources.]
          (7) Planning for the use of ocean and Great Lakes 
        resources.
          (8) Adoption of procedures and enforceable policies 
        to help facilitate the siting of energy facilities and 
        Government facilities and energy-related activities and 
        Government activities which may be of greater than 
        local significance.
          (9) Adoption of procedures and policies to evaluate 
        and facilitate the siting of public and private 
        aquaculture facilities in the coastal zone, which will 
        enable States to formulate, administer, and implement 
        strategic plans for marine aquaculture.
          (10) Interstate water resource and coastal management 
        planning to facilitate healthy and resilient coastal 
        natural resources, land uses, and water uses, and to 
        resolve water management conflict.
          (11) Identification and adoption of procedures and 
        enforceable policies to ensure sufficient response 
        capabilities at the State level to address the 
        environmental, economic, and social impacts of oil 
        spills or other accidents resulting from Outer 
        Continental Shelf energy activities with the potential 
        to affect land or water use or natural resources of the 
        coastal zone.
          (12) The development of a coordinated process to 
        maximize the efficiency of processing permits related 
        to activities in the coastal zone.
  (b) Limits on Grants.--
          (1) Subject to the limitations and goals established 
        in this section, the Secretary may make grants to 
        coastal states to provide funding for development and 
        submission for Federal approval of program changes that 
        support attainment of one or more coastal zone 
        enhancement objectives.
          (2)(A) In addition to any amounts provided under 
        section 306, and subject to the availability of 
        appropriations, the Secretary may make grants under 
        this subsection to States for implementing program 
        changes approved by the Secretary in accordance with 
        section 306(e).
                  (B) Grants under this paragraph to implement 
                a program change may not be made in any fiscal 
                year after the second fiscal year that begins 
                after the approval of that change by the 
                Secretary.
  (c) Evaluation of State Proposals by Secretary.--The 
Secretary shall evaluate and rank State proposals for funding 
under this section, and make funding awards based on those 
proposals, taking into account the criteria established by the 
Secretary under subsection (d). The Secretary shall ensure that 
funding decisions under this section take into consideration 
the fiscal and technical needs of proposing States [and the 
overall merit of each proposal in terms of benefits to the 
public] and are consistent with the rules and regulations 
promulgated under section 306.

           *       *       *       *       *       *       *

SEC. 312. REVIEW OF PERFORMANCE.

                            [16 U.S.C. 1458]

  (a) Evaluation of Adherence With Terms of Grants.--The 
Secretary shall conduct a continuing review of the performance 
of coastal states with respect to coastal management. Each 
review shall include a written evaluation with an assessment 
and detailed findings concerning the extent to which [the 
state] the State has implemented and enforced the program 
approved by the Secretary, addressed the coastal management 
needs identified in section 303(2)(A) through (K), and adhered 
to the terms of any grant, loan, or cooperative agreement 
funded under this title.

           *       *       *       *       *       *       *

  (e) Notice and Hearing.--Management program approval and 
financial assistance may not be withdrawn under subsection (d), 
unless the Secretary gives the coastal state notice of the 
proposed withdrawal and an opportunity for a public hearing on 
the proposed action. Upon the withdrawal of management program 
approval under this subsection (d), the Secretary shall provide 
the coastal state with written specifications of the actions 
that should be taken, or not engaged in, by [the state] the 
State in order that such withdrawal may be canceled by the 
Secretary.

SEC. 315. NATIONAL ESTUARINE RESEARCH RESERVE SYSTEM.

[16 U.S.C. 1461]

           *       *       *       *       *       *       *

  (d) Promotion and Coordination of Estuarine Research.--The 
Secretary shall take such action as is necessary to promote and 
coordinate the use of the System for research purposes 
including--
          (1) requiring that the National Oceanic and 
        Atmospheric Administration, in conducting or supporting 
        estuarine research, give priority consideration to 
        research that uses the System; [and]
          (2) consulting with other Federal and State agencies 
        to promote use of one or more reserves within the 
        System by such agencies when conducting estuarine 
        research[.]; and
          (3) promoting the use of areas that comprise the 
        System for research by line offices of the 
        Administration, such as the Office of Oceanic and 
        Atmospheric Research, the National Ocean Service, and 
        the National Marine Fisheries Service of the National 
        Oceanic and Atmospheric Administration.
  (e) Financial Assistance.--
          (1) The Secretary may, in accordance with such rules 
        and regulations as the Secretary shall promulgate, make 
        grants--
                  (A) to a coastal state--
                          (i) for purposes of acquiring such 
                        lands and waters, and any property 
                        interests therein, as are necessary to 
                        ensure the appropriate long-term 
                        management of an area as a national 
                        estuarine reserve,
                          (ii) for purposes of operating or 
                        managing a national estuarine reserve 
                        and constructing appropriate reserve 
                        facilities, or
                          (iii) for purposes of conducting 
                        educational or interpretive activities; 
                        and
                  (B) to any coastal state or public or private 
                person for purposes of supporting research and 
                monitoring within a national estuarine reserve 
                that are consistent with the research 
                guidelines developed under subsection (c).
          (2) Financial assistance provided under paragraph (1) 
        shall be subject to such terms and conditions as the 
        Secretary considers necessary or appropriate to protect 
        the interests of the United States, including requiring 
        coastal states to execute suitable title documents 
        setting forth the property interest or interests of the 
        United States in any lands and waters acquired in whole 
        or part with such financial assistance.
          (3)(A) The amount of the financial assistance 
        provided under paragraph (1)(A)(i) with respect to the 
        acquisition of lands and waters, or interests therein, 
        for any one national estuarine reserve may not exceed 
        an amount equal to 50 percent of the costs of the 
        lands, waters, and interests therein or $5,000,000, 
        whichever amount is less.
                  (B) The amount of the financial assistance 
                provided under paragraph (1)(A) (ii) and (iii) 
                and paragraph (1)(B) may not exceed 70 percent 
                of the costs incurred to achieve the purposes 
                described in those paragraphs with respect to a 
                reserve; except that the amount of the 
                financial assistance provided under paragraph 
                (1)(A)(iii) may be up to 100 percent of any 
                costs for activities that benefit the entire 
                System.
                  (C) Notwithstanding subparagraphs (A) and 
                (B), financial assistance under this subsection 
                provided from amounts recovered as a result of 
                damage to natural resources located in the 
                coastal zone may be used to pay 100 percent of 
                the costs of activities carried out with the 
                assistance.
  (f) Evaluation of System Performance.--
          (1) The Secretary shall periodically evaluate the 
        operation and management of each national estuarine 
        reserve, including education and interpretive 
        activities, and the research being conducted within the 
        reserve.
          (2) If evaluation under paragraph (1) reveals that 
        the operation and management of the reserve is 
        deficient, or that the research being conducted within 
        the reserve is not consistent with the research 
        guidelines developed under subsection (c), the 
        Secretary may suspend the eligibility of that reserve 
        for financial assistance under subsection (e) until the 
        deficiency or inconsistency is remedied.
          (3) The Secretary may withdraw the designation of an 
        estuarine area as a national estuarine reserve if 
        evaluation under paragraph (1) reveals that--
                  (A) the basis for any one or more of the 
                findings made under subsection (b)(2) regarding 
                that area no longer exists; or
                  (B) a substantial portion of the research 
                conducted within the area, over a period of 
                years, has not been consistent with the 
                research guidelines developed under subsection 
                (c).
  (4) In conducting an evaluation under paragraph (1), the 
Secretary shall--
          (A) consult with representatives of the Office of 
        Oceanic and Atmospheric Research, the National Ocean 
        Service, and the National Marine Fisheries Service of 
        the National Oceanic and Atmospheric Administration, 
        appropriate industries, non-governmental organizations, 
        universities, and other Federal, State, and local 
        partners to assess opportunities to better integrate 
        research and habitat management;
          (B) leverage existing programs; and
          (C) efficiently use existing funds and capitalize on 
        local and regional capacity that can assist in meeting 
        stakeholder needs for science-based information.
  (g) Report.--The Secretary shall include in the report 
required under section 316 information regarding--
          (1) new designations of national estuarine reserves;
          (2) any expansion of existing national estuarine 
        reserves;
          (3) the status of the research program being 
        conducted within the System; [and]
          (4) a summary of the evaluations made under 
        subsection (f)[.]; and
          (5) a summary of the consultation in subsection 
        (f)(4).

SEC. 316. COASTAL ZONE MANAGEMENT REPORTS.

                            [16 U.S.C. 1462]

  [(a) Biennial Reports.--The Secretary shall consult with the 
Congress on a regular basis concerning the administration of 
this title and shall prepare and submit to the President for 
transmittal to the Congress a report summarizing the 
administration of this title during each period of two 
consecutive fiscal years. Each report, which shall be 
transmitted to the Congress not later than April 1 of the year 
following the close of the biennial period to which it 
pertains, shall include, but not be restricted to (1) an 
identification of the state programs approved pursuant to this 
title during the preceding Federal fiscal year and a 
description of those programs; (2) a listing of the states 
participating in the provisions of this title and a description 
of the status of each state's programs and its accomplishments 
during the preceding Federal fiscal year; (3) an itemization of 
the allocation of funds to the various coastal states and a 
breakdown of the major projects and areas on which these funds 
were expended; (4) an identification of any state programs 
which have been reviewed and disapproved, and a statement of 
the reasons for such action; (5) a summary of evaluation 
findings prepared in accordance with subsection (a) of section 
312, and a description of any sanctions imposed under 
subsections (c) and (d) of section 312; (6) a listing of all 
activities and projects which, pursuant to the provisions of 
subsection (c) or subsection (d) of section 307, are not 
consistent with an applicable approved state management 
program; (7) a summary of the regulations issued by the 
Secretary or in effect during the preceding Federal fiscal 
year; (8) a summary of a coordinated national strategy and 
program for the Nation's coastal zone including identification 
and discussion of Federal, regional, state, and local 
responsibilities and functions therein; (9) a summary of 
outstanding problems arising in the administration of this 
title in order of priority; (10) a description of the economic, 
environmental, and social consequences of energy activity 
affecting the coastal zone and an evaluation of the 
effectiveness of financial assistance under section 308 in 
dealing with such consequences; (11) a description and 
evaluation of applicable interstate and regional planning and 
coordination mechanisms developed by the coastal states; (12) a 
summary and evaluation of the research, studies, and training 
conducted in support of coastal zone management; and (13) such 
other information as may be appropriate.]
  (a) Reports.--
          (1) In general.--The Secretary shall--
                  (A) consult with Congress on a regular basis 
                concerning the administration of this title; 
                and
                  (B) submit to Congress a report summarizing 
                the administration of this title during each 
                period of 5 consecutive fiscal years.
          (2) Contents.--Each report under paragraph (1) shall 
        include--
                  (A) an identification of the State programs 
                approved under this title during the preceding 
                4 Federal fiscal years and a description of 
                those programs;
                  (B) a list of the States participating in the 
                provisions of this title and the status of each 
                State's programs and accomplishments during the 
                preceding 4 Federal fiscal years;
                  (C) an itemization of the allocation of funds 
                to the various coastal states and a breakdown 
                of the major projects and areas on which these 
                funds were expended;
                  (D) an identification of each State program 
                that was reviewed and disapproved, including 
                the reasons for the disapproval;
                  (E) a summary of evaluation findings prepared 
                in accordance with subsection (a) of section 
                312, and a description of any sanctions imposed 
                under subsections (c) and (d) of that section;
                  (F) a list of all activities and projects 
                which, under the provisions of subsection (c) 
                or subsection (d) of section 307, are not 
                consistent with an applicable approved State 
                management program;
                  (G) a summary of the regulations issued by 
                the Secretary or in effect during the preceding 
                4 Federal fiscal years;
                  (H) a summary of a coordinated national 
                strategy and program for the Nation's coastal 
                zone, including identification and discussion 
                of Federal, regional, State, and local 
                responsibilities and functions therein;
                  (I) a summary of outstanding problems arising 
                in the administration of this title in order of 
                priority;
                  (J) a description of the economic, 
                environmental, and social consequences of 
                energy activity affecting the coastal zone and 
                an evaluation of the effectiveness of financial 
                assistance under section 308 in dealing with 
                such consequences;
                  (K) a description and evaluation of 
                applicable interstate and regional planning and 
                coordination mechanisms developed by the 
                coastal states;
                  (L) a summary and evaluation of the research, 
                studies, and training conducted in support of 
                coastal zone management; and
                  (M) such other information as may be 
                appropriate.
  (b) Recommendations for Legislation.--The report required by 
subsection (a) shall contain such recommendations for 
additional legislation as the Secretary [deems] considers 
necessary to achieve the objectives of this title and enhance 
its effective operation.
  (c) Review of Other Federal Programs; Report to Congress.--
          (1) The Secretary shall conduct a systematic review 
        of Federal programs, other than this title, that affect 
        coastal resources for purposes of identifying conflicts 
        between the objectives and administration of such 
        programs and the purposes and policies of this title. 
        Not later than 1 year after the date of the enactment 
        of this subsection, the Secretary shall notify each 
        Federal agency having appropriate jurisdiction of any 
        conflict between its program and the purposes and 
        policies of this title identified as a result of such 
        review.
          (2) The Secretary shall promptly submit a report to 
        the Congress consisting of the information required 
        under paragraph (1) of this subsection. Such report 
        shall include recommendations for changes necessary to 
        resolve existing conflicts among Federal laws and 
        programs that affect the uses of coastal resources.

SEC. 317. RULES AND REGULATIONS.

                            [16 U.S.C. 1463]

  The Secretary shall develop and promulgate, pursuant to 
section 553 of title 5, United States Code, after notice and 
opportunity for full participation by relevant Federal 
agencies, [state agencies] State agencies, local governments, 
regional organizations, port authorities, and other interested 
parties, both public and private, such rules and regulations as 
may be necessary to carry out the provisions of this title.

SEC. 318. AUTHORIZATION OF APPROPRIATIONS.

                            [16 U.S.C. 1464]

  [(a) Sums Appropriated to Secretary.--There are authorized to 
be appropriated to the Secretary, to remain available until 
expended--
          [(1) for grants under sections 306, 306A, and 309--
                  [(A) $47,600,000 for fiscal year 1997;
                  [(B) $49,000,000 for fiscal year 1998; and
                  [(C) $50,500,000 for fiscal year 1999; and
          [(2) for grants under section 315--
                  [(A) $4,400,000 for fiscal year 1997;
                  [(B) $4,500,000 for fiscal year 1998; and
                  [(C) $4,600,000 for fiscal year 1999.]
  (a) Sums Appropriated to Secretary.--There is authorized to 
be appropriated to the Secretary, to remain available until 
expended--
          (1) for grants under sections 306, 306A, and 309, 
        $80,000,000 for each of fiscal years 2017 through 2021; 
        and
          (2) for grants under section 315, $25,000,000 for 
        each of fiscal years 2017 through 2021.

           *       *       *       *       *       *       *

                   FISH AND WILDLIFE COORDINATION ACT

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

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

                            [16 U.S.C. 662]

  (a) Consultations Between Agencies.--Except as hereafter 
stated in subsection (h) of this section, whenever the waters 
of any stream or other body of water are proposed or authorized 
to be impounded, diverted, the channel deepened, or the stream 
or other body of water otherwise controlled or modified for any 
purpose whatever, including navigation and drainage, by any 
department or agency of the United States, or by any public or 
private agency under Federal permit or license, such department 
or agency first shall consult with the United States Fish and 
Wildlife Service, Department of the [Interior, and with the] 
Interior, National Oceanic and Atmospheric Administration, 
Department of Commerce, the head of the agency exercising 
administration over the wildlife resources of the particular 
State wherein the impoundment, diversion, or other control 
facility is to be constructed, and the head of any potentially 
impacted coastal state (as defined in section 304 of the 
Coastal Zone Management Act of 1972 (16 U.S.C. 1453), with a 
view to the conservation of wildlife resources by preventing 
loss of and damage to such resources as well as providing for 
the development and improvement thereof in connection with such 
water-resource development.

           *       *       *       *       *       *       *

SEC. 8. DEFINITIONS.

                            [16 U.S.C. 666b]

  The terms ``wildlife'' and ``wildlife resources'' as used 
herein include birds, fishes and fisheries (as those terms are 
defined in section 3 of the Magnuson-Stevens Fishery 
Conservation and Management Act (16 U.S.C. 1802)), mammals, and 
all other classes of wild animals and all types of aquatic and 
land vegetation upon which wildlife is dependent.

                                  [all]
```