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[Senate Report 106-412]
[From the U.S. Government Publishing Office]

                                                       Calendar No. 803
106th Congress                                                   Report
                                 SENATE
 2d Session                                                     106-412
_______________________________________________________________________

                                     

                   COASTAL ZONE MANAGEMENT ACT OF 2000

                               __________

                              R E P O R T

                                 OF THE

           COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

                                   on

                                S. 1534

 

               September 14, 2000.--Ordered to be printed

                               __________

                    U.S. GOVERNMENT PRINTING OFFICE
79-010                     WASHINGTON : 2000

       SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
                       one hundred sixth congress
                             second session

                     JOHN McCAIN, Arizona, Chairman
TED STEVENS, Alaska                  ERNEST F. HOLLINGS, South Carolina
CONRAD BURNS, Montana                DANIEL K. INOUYE, Hawaii
SLADE GORTON, Washington             JOHN D. ROCKEFELLER IV, West 
TRENT LOTT, Mississippi                  Virginia
KAY BAILEY HUTCHISON, Texas          JOHN F. KERRY, Massachusetts
OLYMPIA SNOWE, Maine                 JOHN B. BREAUX, Louisiana
JOHN ASHCROFT, Missouri              RICHARD H. BRYAN, Nevada
BILL FRIST, Tennessee                BYRON L. DORGAN, North Dakota
SPENCER ABRAHAM, Michigan            RON WYDEN, Oregon
SAM BROWNBACK, Kansas                MAX CLELAND, Georgia
                       Mark Buse, Staff Director
                   Ann H. Choiniere, General Counsel
               Kevin D. Kayes, Democratic Staff Director
                  Moses Boyd, Democratic Chief Counsel
                Gregg Elias, Democratic General Counsel
                                                       Calendar No. 803
106th Congress                                                   Report
                                 SENATE
 2d Session                                                     106-412

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

 
                   COASTAL ZONE MANAGMENT ACT OF 2000

                                _______
                                

               September 14, 2000.--Ordered to be printed

                                _______
                                

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

                              R E P O R T

                         [To accompany S. 1534]

  The Committee on Commerce, Science, and Transportation, to 
which was referred the bill (S. 1534), to reauthorize the 
Coastal Zone Management Act of 1972, having considered the 
same, reports favorably thereon with an amendment in the nature 
of a substitute and recommends that the bill (as amended) do 
pass.

                          Purpose of the Bill

  S. 1534, as amended, reauthorizes the Coastal Zone Management 
Act of 1972 (CZMA). The bill authorizes funding for fiscal 
years 2000 to 2004 for the Coastal Zone Management Program 
established under the Coastal Zone Management Act. This program 
is a unique Federal-State partnership that allows day-to-day 
coastal management decisions to be made at the state level in 
the 33 states and territories with federally approved coastal 
management programs. S. 1534, as amended, makes a variety of 
improvements to the framework of the Coastal Zone Management 
Program to help states address the growing problems resulting 
from increasing pressures on their coastal regions and 
resources. S. 1534, as amended, establishes the Coastal 
Community Program, to encourage community-based solutions to 
coastal development-related problems and impacts on coastal 
resources. The bill also provides funding to the states to 
address coastal nonpoint source pollution.

                          Background and Needs

  In response to concerns about threats to coastal resources 
posed by a growing population and increasing development 
activities in coastal areas, Congress enacted the Coastal Zone 
Management Act (CZMA) in 1972. The bill established the Coastal 
Zone Management Program, a voluntary Federal-State partnership 
to manage the coastal zone, and a National Estuarine Research 
Reserve System (NERRS). Both are administered by the National 
Oceanic and Atmospheric Administration (NOAA). The program was 
designed to strike a balance between conserving and maintaining 
healthy coastal ecosystems and providing for the sustainable 
development and use of coastal resources.
  Today, the Coastal Zone Management Act continues to play a 
critical role in managing the multiple uses of coastal 
resources and meeting the needs of growing coastal communities 
in the United States as the pressures on them continue to 
increase. Although the coastal zone comprises only 10 percent 
of the contiguous United States land area, it is the home for 
more than 53 percent of the United States population. The 
coastal zone is expected to support 75 percent of the United 
States population by the year 2025. Additionally, over 3,600 
new people move to coastal areas every day. United States 
coastal regions are very important areas for commerce, 
providing more than 90 percent of the transportation routes for 
international trade. Coastal fisheries resources are another 
valuable component of the coastal zone. In 1998, commercial 
fishermen landed 9 billion pounds of fish with a dockside value 
of $3.1 billion. Value-added services brought the total 
commercial fishing contribution to the U.S. economy up to $40 
billion. Recreational fishermen added another $25 billion to 
the economy. Coastal tourism and recreation are also making a 
large economic contribution, with more than 180 million 
Americans visiting coastal regions annually. Coastal tourism 
accounts for 85 percent of the $700 billion travel and tourism 
industry.
  The Coastal Zone Management Act created a voluntary 
assistance program under which the states are encouraged to 
exercise their authorities over the coastal zone through the 
development and implementation of management plans. In order to 
participate in the program, states must design, and the 
Secretary of Commerce must approve, a comprehensive coastal 
zone management plan. Once the state program has been approved, 
all subsequent federal actions are required to be consistent 
with state policies under the plan. Federal actions include the 
issuance of federal approvals for activities in the coastal 
zone, such as Outer Continental Shelf leasing licenses and any 
Federal permits. This provision is generally referred to as the 
Federal consistency requirement. Federal consistency gives 
states a powerful tool to help them identify and address the 
impacts of the Federal government's actions on their resources, 
and serves as a strong incentive for states to join the 
voluntary national coastal management program.
  The Coastal Zone Management Act provides financial assistance 
to participating states through several grant programs. While 
each state tailors its management plan to meet its specific 
needs, section 306 of the Act provides each participating state 
with a base program grant. The section 306 Administrative Grant 
is the primary funding mechanism for the state coastal 
management programs, and requires a 1-to-1 state match. The 
section 306 base program grant is allocated through a formula 
that takes into account the state's coastline and population. 
However, since 1992, a $2 million dollar cap per state has been 
set by the Appropriations Committee in order to try to ensure 
equitable allocation of grant funds to all participating 
states. Since this cap was established, appropriations have 
increased by $19 million. As a result, in FY 2000, 13 states 
with the largest coastlines and populations (AK, CA, FL, LA, 
ME, MD, MA, MI, NJ, NY, TX, VA, and WA) were at the $2 million 
cap. The Committee will continue to work with NOAA, the coastal 
states, and the Appropriations Committee to resolve this issue 
so that funding allocations are made in a manner equitable to 
all coastal states.
  The Resource Management Improvement Grants (section 306A) are 
intended to help coastal states making satisfactory progress on 
implementing their coastal plans to preserve or restore 
specific coastal areas. These grants also have a 1-to-1 
matching requirement. Some states may choose to allocate a 
portion of their Administrative Grant (section 306) monies to 
fund Improvement Grants under section 306A. These grants can be 
used to fund projects such as the preservation or restoration 
of coastal assets, redevelopment of urban waterfronts and 
ports, access to public beaches, inventories of coastal assets, 
and establishment of guidelines for coastal zone uses. Section 
306A grants may also be used for land acquisition, 
construction, rehabilitation, or education projects.
  The Coastal Zone Management Fund (section 308) provides 
grants to states for a variety of activities, including 
regional and interstate projects, demonstration projects, and 
emergency grants. This fund receives repayments for loans made 
to states from the long defunct Coastal Energy Impact 
Assistance Loan Program, which originally helped states offset 
impacts from the development of offshore energy resources. As 
the repayments from states have declined, the balance of the 
fund has also declined. The fund is expected to receive its 
last payment within four years. Current law allows the fund to 
be used for Federal program administration costs, so monies in 
this fund are being used by the NOAA Office of Ocean and 
Coastal Resources to pay for some of the expenses incurred 
administering the Coastal Zone Management Act program.
  The Coastal Zone Enhancement Grant Program (section 309) 
provides participating states grants to strengthen their 
program framework. Grants are utilized for projects such as 
wetlands protection and restoration, protection from coastal 
hazards, and reduction of marine debris along the coast. These 
grants are awarded based on a review of state programs. Current 
law requires that the Secretary set aside 10 to 20 percent of 
the section 306 funds for section 309 grants, up to a maximum 
of $10 million. The Secretary has all participating states set 
aside the same percentage of their section 306 funding. In FY 
2000, the full $10 million was set aside. No state match is 
required.
  Section 310 authorizes a Federal technical assistance program 
for participating states to support development and 
implementation of Coastal Zone Management Act authorized 
activities.
  The Coastal Zone Management Act also provides for the 
establishment and operation of the National Estuarine Research 
Reserve System (NERRS) in section 315. These reserves are part 
of a national system of protected areas administered by NOAA, 
but the states operate the individual reserves. This 
cooperative Federal-State program provides opportunities for 
long-term research, education, and nature interpretation in the 
country's coastal regions and estuaries. Currently, there are 
25 research and educational reserves in 22 states and 
territories.

                          Legislative History

  On May 6, 1999, the Subcommittee on Oceans and Fisheries 
conducted a hearing on the Coastal Zone Management program. 
Testimony was provided by Terry D. Garcia, Assistant Secretary 
of Commerce for Oceans and Atmosphere and Deputy Administrator 
of NOAA; Sarah W. Cooksey, President, Coastal States 
Organization; Tim Eichenberg, Counsel, Center for Marine 
Conservation; David Keeley, Maine State Planning Office; and 
Dr. Sylvia Earle, National Geographic Explorer-in-Residence, 
National Geographic Society.
  S. 1534 was introduced on August 5, 1999, by Senators Snowe 
and McCain and referred to the Committee on Commerce, Science, 
and Transportation. On June 15, 2000, the bill was considered 
by the Committee in an open executive session. Senators Snowe 
and Kerry offered an amendment in the nature of a substitute 
and the Committee, without objection, ordered S. 1534 reported 
as amended.

                      Summary of Major Provisions

  S. 1534, as amended, reauthorizes the Coastal Zone Management 
Act through FY 2004. The bill authorizes $119.5 million in FY 
2000, $135.5 million in FY 2001 and increases the authorization 
levels by $5 million each year thereafter to $150.5 million in 
FY 2004. S. 1534, as amended, also broadens the objectives for 
which the Secretary of Commerce may allocate funds, providing 
states with the option of using funds for restoration and 
preservation of coastal habitats, as well as the continued 
implementation of the states' coastal nonpoint source pollution 
plans.
  S. 1534, as amended, establishes a new program under section 
309A, the Coastal Community Program. The purpose of this 
program is to increase Federal and State support of local, 
community-based environmentally protective planning, 
strategies, and solutions to address the impact of development 
and sprawl on coastal resources. Eligible projects would 
include those to revitalize previously developed areas, 
undertake conservation activities and projects in undeveloped 
and environmentally sensitive areas, emphasize water dependent 
uses, and protect coastal waters and habitats. S. 1534, as 
amended, authorizes $25 million for section 309A in FY 2000 and 
increases funding levels by $1 million per year until funding 
reaches $29 million in FY 2004.
  Currently, many states conduct programs to mitigate nonpoint 
source pollution (NPS), or polluted runoff, using existing 
section 306, 306A, and 309 grants. Despite these efforts, 
polluted runoff continues to be one of the most serious 
problems facing coastal areas. Although no further 
authorization is necessary for continued NPS control activities 
under the Act, S.1534, as amended, encourages states to take 
additional steps to address polluted runoff by directing 
specific funding to coastal NPS programs through the coastal 
communities initiative (section 309A). Each year, $10 million 
or 35 percent of section 309A funding, whichever is less, will 
be made available for state-developed and community-based 
polluted runoff prevention and control activities. This 
nonpoint source provision will not negatively impact base grant 
programs, does not create any new NPS programs, and allows the 
states to maintain the existing flexibility under the Coastal 
Zone Management Act to deal with local NPS pollution problems. 
The funding made available through this provision will be used 
to assist coastal communities to coordinate and implement 
approved coastal nonpoint pollution control strategies and 
measures.
  Due to the declining amounts in the Coastal Zone Management 
Fund (section 308), S. 1534, as amended, transfers loan 
repayments from the Coastal Energy Impact Assistance Loan 
Program to the NOAA Operations, Research and Facilities 
account, and deletes the obsolete annual section 308 reporting 
requirement. S. 1534, as amended, also provides a new 
authorization line of $5.5 million specifically for CZM Program 
administration.
  Section 310, Technical Assistance, requires the Secretary to 
conduct a technical assistance program to support the 
development and implementation of State coastal management 
programs. S. 1534, as amended, authorizes the Secretary to 
conduct a cooperative program to apply innovative technologies 
to the coastal zone.
  S. 1534, as amended, also clarifies and strengthens section 
315, the National Estuarine Research and Reserve System (NERRS) 
to include training, education and stewardship concepts. This 
bill authorizes $7 million for NERRS in FY 2000, $12 million in 
FY 2001, and increases authorization levels by $500,000 each 
year to $13.5 million in FY 2004. S. 1534, as amended, also 
authorizes $12 million for each fiscal year from FY 2000 to FY 
2004 for construction projects at the estuarine research 
reserves.

                            Estimated Costs

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

                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, July 14, 2000.
Hon. John McCain,
Chairman, Committee on Commerce, Science and Transportation, U.S. 
        Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 1534, the Coastal 
Zone Management Act of 2000.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Deborah Reis.
            Sincerely,
                                          Barry B. Anderson
                                    (For Dan L. Crippen, Director).
    Enclosure.

S. 1534--Coastal Zone Management Act of 2000

    Summary: S. 1534 would amend the Coastal Zone Management 
Act of 1972 (CZMA), which governs federal and state 
environmental management of coastal areas. The bill would 
extend the authorization of appropriations for stage grants and 
other coastal zone management programs administered by the 
National Oceanic and Atmospheric Administration (NOAA). S. 1534 
would authorize appropriations totaling about $136 million for 
fiscal year 2001 and $575 million over the 2001-2005 period.
    Assuming appropriation of the authorized amounts, CBO 
estimates that the federal government would spend about $20 
million in fiscal year 2001 and a total of $500 million over 
the 2001-2005 period on programs authorized by S. 1534. (About 
$75 million would be spent after fiscal year 2005.) Enacting 
the bill could increase governmental receipts and direct 
spending; therefore, pay-as-you-go procedures would apply. CBO 
estimates, however, that any additional receipts and resulting 
direct spending would be minimal and largely offsetting.
    S. 1534 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA). 
Any costs to state governments would be the result of complying 
with grant conditions.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of S. 1534 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--
                                                                 -----------------------------------------------
                                                                   2000    2001    2002    2003    2004    2005
----------------------------------------------------------------------------------------------------------------
                                        SPENDING SUBJECT TO APPROPRIATION

Spending Under Current Law:
    Budget Authority \1\........................................      68       0       0       0       0       0
    Estimated Outlays...........................................      70      24       7       2       0       0
Proposed Changes:
    Estimated Authorization Level...............................       0     136     141     146     152       0
    Estimated Outlays...........................................       0      20      84     125     141     130
Spending Under S. 1534:
    Estimated Authorization Level \1\...........................      68     136     141     146     152       0
    Estimated Outlays...........................................      70      44      91     127     141     130
----------------------------------------------------------------------------------------------------------------
\1\ The level is the amount appropriated to NOAA for that year for CZMA programs.

    Basis of estimate: For this estimate, CBO assumes that S. 
1534 will be enacted near the end of fiscal year 2000 and that 
the entire amounts authorized will be appropriated for each 
fiscal year. The estimated authorization level for each year 
includes the amounts specified in the bill for grants made 
under the CZMA, plus an estimated $6 million for NOAA 
administrative costs (for which the bill would authorize the 
appropriation of whatever amounts are necessary). Outlays are 
based on historical spending patterns of CZMA programs.
    Pay-as-you-go considerations: The Balanced Budget and 
Emergency Deficit Control Act sets up pay-as-you-go procedures 
for legislation affecting direct spending or receipts. S. 1534 
would authorize NOAA to accept and spend donations of funds 
from the public for estuarine reserve projects. Such donations 
are recorded in the budget as governmental receipts, and 
spending of the gifts would be considered new direct spending. 
Based on information provided by the agency, CBO estimates that 
both the donations and resulting spending would be less than 
$500,000 annually.
    Intergovernmental and private-sector impact: S. 1534 
contains no intergovernmental or private-sector mandates as 
defined in UMRA. Much of the funding authorized by the bill 
would fund grant programs that require matching funds from 
participating state governments. States would be able to 
allocate a portion of the grant funds received under the 
program to qualified local entities to further their coastal 
management programs. Any costs to state governments from the 
requirements of this program would be incurred voluntarily.
    Previous CBO estimate: On July 1, 1999, CBO transmitted a 
cost estimate for H.R. 1243, the National Marine Sanctuaries 
Enhancement Act of 1999, as ordered reported by the House 
Committee on Resources on June 9, 1999. On October 21, 1999, we 
transmitted a cost estimate for H.R. 2669, the Coastal 
Community Conservation Act of 1999, as ordered reported by the 
House Committee on Resources on October 6, 1999. These bills 
would authorize the appropriation of different amounts of 
money, and the three cost estimates reflect those differences.
    Estimate prepared by: Federal Costs: Deborah Reis. Impact 
on State, Local, and Tribal Governments: Marjorie Miller. 
Impact on the Private Sector: Jean Wooster.
    Esimate approved by: Peter H. Fontaine, Deputy Assistant 
Director for Budget Analysis.

                      Regulatory Impact Statement

  In accordance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee provides the 
following evaluation of the regulatory impact of the 
legislation, as reported:
  S. 1534, as amended, establishes a new program under section 
309A of the Coastal Zone Management Act, the Coastal Community 
Program. The purpose of this program is to increase Federal 
andState support of local, community-based environmentally protective 
planning, strategies, and solutions to address the impact of 
development and sprawl on coastal resources. Because the Coastal 
Community Program is designed within the framework of existing grant 
programs under the Coastal Zone Management Act, the legislation will 
have nominal additional regulatory impact and will result in no 
additional reporting requirements.

                       number of persons covered

  S. 1534, as amended, authorizes a Federal-State matching 
grant program to assist states in coastal management projects. 
The reported bill authorizes grants to administer state 
programs, preserve or restore specific coastal areas, complete 
coastal enhancement projects and support National Estuarine 
Research Reserve System (NERRS). The legislation will have 
little, if any, further effect on the number or types of 
individuals and businesses regulated.

                            economic impact

  The legislation will have little, if any, further effect on 
the economic impact of such regulation.

                                privacy

  The reported bill would have little, if any, impact on the 
personal privacy of U.S. citizens.

                               paperwork

  S. 1534, as amended, should not significantly increase 
paperwork requirements for individuals and businesses.

                      Section-by-Section Analysis

Section 1. Short title

  This section of the reported bill cites the short title of 
the bill as the ``Coastal Zone Management Act of 2000.''

Sec. 2. Amendment of Coastal Zone Management Act

  This section of the reported bill specifies that amendments 
shall be applied to the Coastal Zone Management Act of 1972 (16 
U.S.C. 1451 et seq.).

Sec. 3. Findings

  This section of the reported bill amends section 1451 of 
title 16, United States Code, to modify the findings, update 
emerging issues and reflect the need for Federal and State 
support of local community-based comprehensive planning and 
solutions to local problems. It also notes the need to increase 
local and state capacity to identify public infrastructure and 
open space needs, to develop and implement plans that provide 
for sustainable growth, resource and habitat protection, and 
community revitalization.

Sec. 4. Policy.

  This section of the reported bill amends congressional policy 
in section 1452 of title 16, United States Code, to indicate 
support for the National Estuarine Research Reserve System 
(NERRS) and to encourage the use of innovative coastal and 
environmental technologies and techniques in the coastal zone 
for the long-term conservation of coastal ecosystems.

Sec. 5. Changes in definitions

  This section of the reported bill amends section 1453 of 
title 16, United States Code, to modify the definitions in the 
Act. The changes clarify the terms ``estuarine reserve,'' 
``coastal nonpoint pollution control strategies and measures,'' 
``qualified local entity,'' and indicate that coastal state no 
longer includes the trust territories of the Pacific Islands, 
that is the now independent nation of Palau.

Sec. 6. Reauthorization of management program development grants

  This section of the reported bill amends section 1454 of 
title 16, United States Code, to re-instate the authorization 
for grants to the remaining states without approved coastal 
management programs to complete such program development during 
FY 2000 to FY 2004. Grants may not exceed $200,000 per year.

Sec. 7. Reauthorization of administrative grants

  This section of the reported bill amends section 1455(a) of 
title 16, United States Code, to reauthorize the base 
administrative grant program and clarifies that coastal 
nonpoint pollution control programs are eligible for grants 
under this section. This section also addresses this issue of 
equitable allocation of funding to all participating states and 
territories.

Sec. 8. Coastal Resources Improvement Program

  This section of the reported bill amends section 1455(a) of 
title 16, United States Code, to define the term ``qualified 
local entity.'' Section 8 also authorizes the Secretary to 
allocate funds to states for restoration and preservation of 
coastal habitats and to continue implementation of the states' 
coastal nonpoint source pollution plans. The section makes 
technical changes to the guidelines for State matching funds 
and the allocation of the grants under sections 306 and 306A.

Sec. 9. Coastal Zone Management Fund

  This section of the reported bill amends section 1456a(a)(2) 
of title 16, United States Code, to transfer loan repayments to 
the Operations, Research and Facilities account of the National 
Oceanic and Atmospheric Administration to offset administrative 
costs and deletes the annual reporting requirement. Technical 
changes are also made to section 308(b) (16 U.S.C. 1456(a)(b)).

Sec. 10. Coastal Zone Enhancement Grants

  This section of the reported bill amends section 1456b of 
title 16, United States Code, to add two new objectives to 
which the Secretary may allocate funds and provides states with 
the option of allocating funds for restoration and preservation 
of coastal habitats as well as the continued implementation of 
the states' coastal nonpoint source pollution plans. Section 10 
also removes several outdated sections and eliminates the $10 
million cap on annual section 309 allocations to conform with 
increasing authorization levels.

Sec. 11. Coastal Community Program

  This section of the reported bill establishes a new grant 
program (section 309A) for states to focus on community-based 
initiatives. This section demonstrates the need for federal and 
state support of community-based planning, strategies, and 
solutions to local sprawl, development, and resource 
conservation and management issues in the coastal zone. This 
section authorizes the Secretary to make grants to states 
through the base program allocation formula and requires the 
states to match the amount of the grant so that funds provided 
under sections 306, 306A and 309A, in aggregate, equal a 1-to-1 
match. It will also revitalize previously developed areas, 
promote conservation projects in environmentally sensitive 
areas, protect coastal habitats, and assist coastal communities 
to coordinate and implement coastal NPS pollution programs.

Sec. 12. Technical assistance

  This section of the reported bill amends section 1456c(b) of 
title 16, United States Code, to authorize the Secretary to 
conduct a program to develop and apply innovative coastal and 
estuarine environmental technology through a cooperative 
program.

Sec. 13. Performance review.

  This section of the reported bill amends section 1458(a) of 
title 16, United States Code, to add coordination with the 
National Estuarine Research Reserves to the performance review 
process.

Sec. 14. Walter B. Jones Award

    This section of the reported bill amends section 1461 of 
title 16, United States Code, to authorize the Secretary to 
issue the Walter B. Jones Awards, subject to available funds.

Sec. 15. National Estuarine Research Reserve System

  This section of the reported bill amends section 1461 of 
title 16, United States Code, to clarify and strengthen the 
National Estuarine Research Reserve System (NERRS). A majority 
of the amendments are technical changes to establish additional 
authorized activities such as training, education, and 
stewardship in addition to research under the NERRS. This 
section clarifies the NERRS description and allows the 
Secretary to enter into contracts and agreements with non-
profit organizations to carry out projects that support 
reserves and to accept donations of funds or services for 
projects consistent with the purposes of this section.

Sec. 16. Coastal Zone Management reports

  This section of the reported bill amends section 1462 of 
title 16, United States Code, to clarify the requirements for 
reports to Congress and require a report to be provided to 
Congress on Federal agency coordination and cooperation in 
coastal management.

Sec. 17. Authorization of appropriations

  This section of the reported bill amends section 1464 of 
title 16, United States Code, to authorize Coastal Zone 
Management Act funding. Funding for 306, 306A, and 309 grants 
are combined at an authorization of $70 million in FY 2000, $80 
million in FY 2001, and increases annually in $3.5 million 
dollar increments to $90.5 million in FY 2004. For 309A grants, 
$25 million is authorized for FY 2000, increasing annually in 
$1 million increments to $29 million in FY 2004. Of this 309A 
amount, $10 million or 35 percent (whichever is less) will be 
set aside for nonpoint source pollution programs. For 315 
grants, authorization is provided at $7 million in FY 2000, $12 
million in FY 2001, and increases annually in $500,000 
increments until it reaches $13.5 in FY 2004. Twelve million 
dollars are authorized annually between FY 2000 and FY 2004 for 
construction projects at estuarine reserves designated under 
section 315. Administrative costs in FY 2000 are authorized at 
$5.5 million, and at such sums as are necessary in FY 2001 
through FY 2004.

                        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

               [chapter 33, title 16, united states code]

SEC. 302. CONGRESSIONAL FINDINGS. [16 U.S.C. 1451]

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

SEC. 303. CONGRESSIONAL DECLARATION OF POLICY. [16 U.S.C. 1452]

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

SEC. 304. DEFINITIONS. [16 U.S.C. 1453]

  For the purposes of this title--
          (1) The term ``coastal zone'' means the coastal 
        waters (including the lands therein and thereunder) and 
        the adjacent shorelands (including the waters therein 
        and thereunder), strongly influenced by each other and 
        in proximity to the shorelines of the several coastal 
        states, and includes islands, transitional and 
        intertidal areas, salt marshes, wetlands, and beaches. 
        The zone extends, in Great Lakes waters, to the 
        international boundary between the United States and 
        Canada and, in other areas, seaward to the outer limit 
        of state title and ownership under the Submerged Lands 
        Act (43 U.S.C. 1301 et seq.), the Act of March 2, 1917 
        (48 U.S.C. 749), the Covenant to Establish a 
        Commonwealth of the Northern Mariana Islands in 
        Political Union with the United States of America, as 
        approved by the Act of March 24, 1976 (48 U.S.C. 1681 
        note), or section 1 of the Act of November 20, 1963 (48 
        U.S.C. 1705), as applicable. The zone extends inland 
        from the shorelines only to the extent necessary to 
        control shorelands, the uses of which have a direct and 
        significant impact on the coastal waters, and to 
        control those geographical areas which are likely to be 
        affected by or vulnerable to sea level rise. Excluded 
        from the coastal zone are lands the use of which is by 
        law subject solely to the discretion of or which is 
        held in trust by the Federal Government, its officers 
        or agents.
          (2) The term ``coastal resource of national 
        significance'' means any coastal wetland, beach, dune, 
        barrier island, reef, estuary, or fish and wildlife 
        habitat, if any such area is determined by a coastal 
        state to be of substantial biological or natural storm 
        protective value.
          (3) The term ``coastal waters'' means (A) in the 
        Great Lakes area, the waters within the territorial 
        jurisdiction of the United States consisting of the 
        Great Lakes, their connecting waters, harbors, 
        roadsteads, and estuary-type areas such as bays, 
        shallows, and marshes and (B) in other areas, those 
        waters, adjacent to the shorelines, which contain a 
        measurable quantity or percentage of sea water, 
        including, but not limited to, sounds, bays, lagoons, 
        bayous, ponds, and estuaries.
          (4) The term ``coastal state'' means a state of the 
        United States in, or bordering on, the Atlantic, 
        Pacific, or Arctic Ocean, the Gulf of Mexico, Long 
        Island Sound, or one or more of the Great Lakes. For 
        the purposes of this title, the term also includes 
        Puerto Rico, the Virgin Islands, Guam, the Commonwealth 
        of the Northern Mariana Islands, [and the Trust 
        Territories of the Pacific Islands,] and American 
        Samoa.
          (5) The term ``coastal energy activity'' means any of 
        the following activities if, and to the extent that--
                  (A) the conduct, support, or facilitation of 
                such activity requires and involves the siting, 
                construction, expansion, or operation of any 
                equipment or facility; and
                  (B) any technical requirement exists which, 
                in the determination of the Secretary, 
                necessitates that the siting, construction, 
                expansion, or operation of such equipment or 
                facility be carried out in, or in close 
                proximity to, the coastal zone of any coastal 
                state;
                          (i) Any outer Continental Shelf 
                        energy activity.
                          (ii) Any transportation, conversion, 
                        treatment, transfer, or storage of 
                        liquefied natural gas.
                          (iii) Any transportation, transfer, 
                        or storage of oil, natural gas, or coal 
                        (including, but not limited to, by 
                        means of any deepwater port, as defined 
                        in section 3(10) of the Deepwater Port 
                        Act of 1974 (33 U.S.C. 1502(10)).
        For purposes of this paragraph, the siting, 
        construction, expansion, or operation of any equipment 
        or facility shall be ``in close proximity to'' the 
        coastal zone of any coastal state if such siting, 
        construction, expansion, or operation has, or is 
        likely to have, a significant effect on such coastal zone.
          (6) The term ``energy facilities'' means any 
        equipment or facility which is or will be used 
        primarily--
                  (A) in the exploration for, or the 
                development, production, conversion, storage, 
                transfer, processing, or transportation of, any 
                energy resource; or
                  (B) for the manufacture, production, or 
                assembly of equipment, machinery, products, or 
                devices which are involved in any activity 
                described in subparagraph (A).
        The term includes, but is not limited to (i) electric 
        generating plants; (ii) petroleum refineries and 
        associated facilities; (iii) gasification plants; (iv) 
        facilities used for the transportation, conversion, 
        treatment, transfer, or storage of liquefied natural 
        gas; (v) uranium enrichment or nuclear fuel processing 
        facilities; (vi) oil and gas facilities, including 
        platforms, assembly plants, storage depots, tank farms, 
        crew and supply bases, and refining complexes; (vii) 
        facilities including deepwater ports, for the transfer 
        of petroleum; (viii) pipelines and transmission 
        facilities; and (ix) terminals which are associated 
        with any of the foregoing.
          (6a) The term ``enforceable policy'' means state 
        policies which are legally binding through 
        constitutional provisions, laws, regulations, land use 
        plans, ordinances, or judicial or administrative 
        decisions, by which a state exerts control over private 
        and public land and water uses and natural resources in 
        the coastal zone.
          (7) The term ``estuary'' means that part of a river 
        or stream or other body of water having unimpaired 
        connection with the open sea, where the sea water is 
        measurably diluted with fresh water derived from land 
        drainage. The term includes estuary-type areas of the 
        Great Lakes.
          [(8) The term ``estuarine sanctuary'' means a 
        research area which may include any part or all of an 
        estuary and any island, transitional area, and upland 
        in, adjoining, or adjacent to such estuary, and which 
        constitutes to the extent feasible a natural unit, set 
        aside to provide scientists and students the 
        opportunity to examine over a period of time the 
        ecological relationships within the area.]
          (8) The term `estuarine reserve' means a coastal 
        protected area which may include any part or all of an 
        estuary and any island, transitional area, and upland 
        in, adjoining, or adjacent to the estuary, and which 
        constitutes to the extent feasible a natural unit, 
        established to provide long-term opportunities for 
        conducting scientific studies and educational and 
        training programs that improve the understanding, 
        stewardship, and management of estuaries.
          (9) The term ``Fund'' means the Coastal Zone 
        Management Fund established under section 308(b) .
          (10) The term ``land use'' means activities which are 
        conducted in, or on the shorelands within, the coastal 
        zone, subject to the requirements outlined in section 
        307(g).
          (11) The term ``local government'' means any 
        political subdivison of, or any special entity created 
        by, any coastal state which (in whole or part) is 
        located in, or has authority over, such state's coastal 
        zone and which (A) has authority to levy taxes, or to 
        establish and collect user fees, or (B) provides any 
        public facility or public service which is financed in 
        whole or part by taxes or user fees. The term includes, 
        but is not limited to, any school district, fire 
        district, transportation authority, and any other 
        special purpose district or authority.
          (12) The term ``management program'' includes, but is 
        not limited to, a comprehensive statement in words, 
        maps, illustrations, or other media of communication, 
        prepared and adopted by the state in accordance with 
        the provisions of this title, setting forth objectives, 
        policies, and standards to guide public and private 
        uses of lands and waters in the coastal zone.
          (13) The term ``outer Continental Shelf energy 
        activity'' means any exploration for, or any 
        development or production of, oil or natural gas 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) The term ``person'' means any individual; any 
        corporation, partnership, association, or other entity 
        organized or existing under the laws of any state; the 
        Federal Government; any state, regional, or local 
        government; or any entity of any such Federal, state, 
        regional, or local government.
          (15) The term ``public facilities and public 
        services'' means facilities or services which are 
        financed, in whole or in part, by any state or 
        political subdivision thereof, including, but not 
        limited to, highways and secondary roads, parking, mass 
        transit, docks, navigation aids, fire and police 
        protection, water supply, waste collection and 
        treatment (including drainage), schools and education, 
        and hospitals and health care. Such term may also 
        include any other facility or service so financed which 
        the Secretary finds will support increased population.
          (16) The term ``Secretary'' means the Secretary of 
        Commerce.
          (17) The term ``special area management plan'' means 
        a comprehensive plan providing for natural resource 
        protection and reasonable coastal-dependent economic 
        growth containing a detailed and comprehensive 
        statement of policies; standards and criteria to guide 
        public and private uses of lands and waters; and 
        mechanisms for timely implementation in specific 
        geographic areas within the coastal zone.
          (18) The term ``water use'' means a use, activity, or 
        project conducted in or on waters within the coastal 
        zone.
          (19) The term ``coastal nonpoint pollution control 
        plan'' means a plan submitted by a coastal state to the 
        Secretary under section 306(d)(16).
          (20) The term ``qualified local entity'' means--
                  (A) any local government;
                  (B) any areawide agency referred to in 
                section 204(a)(1) of the Demonstration Cities 
                and Metropolitan Development Act of 1966 (42 
                U.S.C. 3334 (a)(1));
                  (C) any regional agency;
                  (D) any interstate agency;
                  (E) any nonprofit organization; or
                  (F) any reserve established under section 
                315.

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

  [A coastal state that has completed the development of its 
management program shall submit the program to the Secretary 
for review and approval under section 306.]

SEC. 305. MANAGEMENT PROGRAM DEVELOPMENT GRANTS.

  (a) States Without Programs.--In fiscal years 2001, 2002, 
2003, and 2004, the Secretary may make a grant annually to any 
coastal state without an approved program if the coastal state 
demonstrates to the satisfaction of the Secretary that the 
grant will be used to develop a management program consistent 
with the requirements set forth in section 306. The amount of 
any such grant shall not exceed $200,000 in any fiscal year, 
and shall require State matching funds according to a 4-to-1 
ratio of Federal-to-State contributions. After an initial grant 
is made to a coastal state under this subsection, no subsequent 
grant may be made to that coastal state under this subsection 
unless the Secretary finds that the coastal state is 
satisfactorily developing its management program. No coastal 
state is eligible to receive more than 4 grants under this 
subsection.
  (b) Submittal of Program for Approval.--A coastal state that 
has completed the development of its management program shall 
submit the program to the Secretary for review and approval 
under section 306.

SEC. 306. ADMINISTRATIVE GRANTS. [16 U.S.C. 1455]

  (a) Authorization; Matching Funds.--The Secretary may make 
grants to any coastal state for the purpose of administering 
that state's management program, including developing and 
implementing coastal nonpoint pollution control program 
components, if the state matches any such grant according to 
the following ratios of Federal-to-state contributions for the 
applicable fiscal year:
          (1) For those states for which programs were approved 
        prior to enactment of the Coastal Zone Act 
        Reauthorization Amendments of 1990, 1 to 1 for any 
        fiscal year.
          (2) For programs approved after enactment of the 
        Coastal Zone Act Reauthorization Amendments of 1990, 4 
        to 1 for the first fiscal year, 2.3 to 1 for the second 
        fiscal year, 1.5 to 1 for the third fiscal year, and 1 
        to 1 for each fiscal year thereafter.
  (b) Grants to Coastal States; Requirements.--The Secretary 
may make a grant to a coastal state under subsection (a) only 
if the Secretary finds that the management program of the 
coastal state meets all applicable requirements of this title 
and has been approved in accordance with subsection (d).
  (c) Allocation of Grants to Coastal States.--Grants under 
this section shall be allocated to coastal states with approved 
programs based on rules and regulations promulgated by the 
Secretary which shall take into account the extent and nature 
of the shoreline and area covered by the program, population of 
the area, and other relevant factors. The Secretary shall 
establish, after consulting with the coastal states, maximum 
and minimum grants for any fiscal year to promote equity 
between coastal states and effective coastal management.
  (d) Mandatory Adoption of State Management Program for 
Coastal Zone.--Before approving a management program submitted 
by a coastal state, the Secretary shall find the following:
          (1) The state has developed and adopted a management 
        program for its coastal zone in accordance with rules 
        and regulations promulgated by the Secretary, after 
        notice, and with the opportunity of full participation 
        by relevant Federal agencies, state agencies, local 
        governments, regional organizations, port authorities, 
        and other interested parties and individuals, public 
        and private, which is adequate to carry out the 
        purposes of this title and is consistent with the 
        policy declared in section 303.
          (2) The management program includes each of the 
        following required program elements:
                  (A) An identification of the boundaries of 
                the coastal zone subject to the management 
                program.
                  (B) A definition of what shall constitute 
                permissible land uses and water users within 
                the coastal zone which have a direct and 
                significant impact on the coastal waters.
                  (C) An inventory and designation of areas of 
                particular concern within the coastal zone.
                  (D) An identification of the means by which 
                the state proposes to exert control over the 
                land uses and water uses referred to in 
                subparagraph (B), including a list of relevant 
                state constitutional provisions, laws, 
                regulations, and judicial decisions.
                  (E) Broad guidelines on priorities of uses in 
                particular areas, including specifically those 
                uses of lowest priority.
                  (F) A description of the organizational 
                structure proposed to implement such management 
                program, including the responsibilities and 
                interrelationships of local, areawide, state, 
                regional, and interstate agencies in the 
                management process.
                  (G) A definition of the term ``beach'' and a 
                planning process for the protection of, and 
                access to, public beaches and other public 
                coastal areas of environmental, recreational, 
                historical, esthetic, ecological, or cultural 
                value.
                  (H) A planning process for energy facilities 
                likely to be located in, or which may 
                significantly affect, the coastal zone, 
                including a process for anticipating the 
                management of the impacts resulting from such 
                facilities.
                  (I) A planning process for assessing the 
                effects of, and studying and evaluating ways to 
                control, or lessen the impact of, shoreline 
                erosion, and to restore areas adversely 
                affected by such erosion.
          (3) The state has--
                  (A) coordinated its program with local, 
                areawide, and interstate plans applicable to 
                areas within the coastal zone--
                          (i) existing on January 1 of the year 
                        in which the state's management program 
                        is submitted to the Secretary; and
                          (ii) which have been developed by a 
                        local government, an areawide agency, a 
                        regional agency, or an interstate 
                        agency; and
                  (B) established an effective mechanism for 
                continuing consultation and coordination 
                between the management agency designated 
                pursuant to paragraph (6) and with local 
                governments, interstate agencies, regional 
                agencies, and areawide agencies within the 
                coastal zone to assure the full participation 
                of those local governments and agencies in 
                carrying out the purposes of this title; except 
                that the Secretary shall not find any mechanism 
                to be effective for purposes of this 
                subparagraph unless it requires that--
                          (i) the management agency, before 
                        implementing any management program 
                        decision which would conflict with any 
                        local zoning ordinance, decision, or 
                        other action, shall send a notice of 
                        the management program decision to any 
                        local government whose zoning authority 
                        is affected;
                          (ii) within the 30-day period 
                        commencing on the date of receipt of 
                        that notice, the local government may 
                        submit to the management agency written 
                        comments on the management program 
                        decision, and any recommendation for 
                        alternatives; and
                          (iii) the management agency, if any 
                        comments are submitted to it within the 
                        30-day period by any local government--
                                  (I) shall consider the 
                                comments;
                                  (II) may, in its discretion, 
                                hold a public hearing on the 
                                comments; and
                                  (III) may not take any action 
                                within the 30-day period to 
                                implement the management 
                                program decision.
          (4) The state has held public hearings in the 
        development of the management program.
          (5) The management program and any changes thereto 
        have been reviewed and approved by the Governor of the 
        state.
          (6) The Governor of the state has designated a single 
        state agency to receive and administer grants for 
        implementing the management program.
          (7) The state is organized to implement the 
        management program.
          (8) The management program provides for adequate 
        consideration of the national interest involved in 
        planning for, and managing the coastal zone, including 
        the siting of facilities such as energy facilities 
        which are of greater than local significance. In the 
        case of energy facilities, the Secretary shall find 
        that the state has given consideration to any 
        applicable national or interstate energy plan or 
        program.
          (9) The management program includes procedures 
        whereby specific areas may be designated for the 
        purpose of preserving or restoring them for their 
        conservation, recreational ecological, historical, or 
        esthetic values.
          (10) The state, acting through its chosen agency or 
        agencies (including local governments, areawide 
        agencies, regional agencies, or interstate agencies) 
        has authority for the management of the coastal zone in 
        accordance with the management program. Such authority 
        shall include power--
                  (A) to administer land use and water use 
                regulations to control development to ensure 
                compliance with the management program, and to 
                resolve conflicts among competing uses; and
                  (B) to acquire fee simple and [less than fee 
                simple] other interests in land, waters, and 
                other property through condemnation or other 
                means when necessary to achieve conformance 
                with the management program.
          (11) The management program provides for any one or a 
        combination of the following general techniques for 
        control of land uses and water uses within the coastal 
        zone:
                  (A) State establishment of criteria and 
                standards for local implementation, subject to 
                administrative review and enforcement.
                  (B) Direct state land and water use planning 
                and regulation.
                  (C) State administrative review for 
                consistency with the management program of all 
                development plans, projects, or land and water 
                use regulations, including exceptions and 
                variances thereto, proposed by any state or 
                local authority or private developer, with 
                power to approve or disapprove after public 
                notice and an opportunity for hearings.
          (12) The management program contains a method of 
        assuring that local land use and water use regulations 
        within the coastal zone do not unreasonably restrict or 
        exclude land uses and water uses of regional benefit.
          (13) The management program provides for--
                  (A) the inventory and designation of areas 
                that contain one or more coastal resources of 
                national significance; and
                  (B) specific and enforceable standards to 
                protect such resources.
          (14) The management program provides for public 
        participation in permitting processes, consistency 
        determinations, and other similar decisions.
          (15) The management program provides a mechanism to 
        ensure that all state agencies will adhere to the 
        program.
          (16) The management program contains enforceable 
        policies and mechanisms to implement the applicable 
        requirements of the Coastal Nonpoint Pollution Control 
        Program of the state required by section 6217 of the 
        Coastal Zone Act Reauthorization Amendments of 1990.
  (e) Amendment or Modification of State Management Program for 
Coastal Zone.--A coastal state may amend or modify a management 
program which it has submitted and which has been approved by 
the Secretary under this section, subject to the following 
conditions:
          (1) The state shall promptly notify the Secretary of 
        any proposed amendment, modification, or other program 
        change and submit it for the Secretary's approval. The 
        Secretary may suspend all or part of any grant made 
        under this section pending state submission of the 
        proposed amendments, modification, or other program change.
          (2) Within 30 days after the date the Secretary 
        receives any proposed amendment, the Secretary shall 
        notify the state whether the Secretary approves or 
        disapproves the amendment, or whether the Secretary 
        finds it is necessary to extend the review of the 
        proposed amendment for a period not to exceed 120 days 
        after the date the Secretary received the proposed 
        amendment. The Secretary may extend this period only as 
        necessary to meet the requirements of the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
        seq.). If the Secretary does not notify the coastal 
        state that the Secretary approves or disapproves the 
        amendment within that period, then the amendment shall 
        be conclusively presumed as approved.
          (3)(A) Except as provided in subparagraph (B), a 
        coastal state may not implement any amendment, 
        modification, or other change as part of its approved 
        management program unless the amendment, modification, 
        or other change is approved by the Secretary under this 
        subsection.
          (B) The Secretary, after determining on a preliminary 
        basis, that an amendment, modification, or other change 
        which has been submitted for approval under this 
        subsection is likely to meet the program approval 
        standards in this section, may permit the state to 
        expend funds awarded under this section to begin 
        implementing the proposed amendment, modification, or 
        change. This preliminary approval shall not extend for 
        more than 6 months and may not be renewed. A proposed 
        amendment, modification, or change which has been given 
        preliminary approval and is not finally approved under 
        this paragraph shall not be considered an enforceable 
        policy for purposes of section 307.

SEC. 306A. COASTAL RESOURCE IMPROVEMENT PROGRAM. [16 U.S.C. 1455A]

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

SEC. 308. COASTAL ZONE MANAGEMENT FUND. [16 U.S.C. 1456A]

  (a)(1) The obligations of any coastal state or unit of 
general purpose local government to repay loans made pursuant 
to this section as in effect before the date of the enactment 
of the Coastal Zone Act Reauthorization Amendments of 1990, and 
any repayment schedule established pursuant to this title as in 
effect before that date of enactment, are not altered by any 
provision of this title. Such loans shall be repaid under 
authority of this subsection and the Secretary may issue 
regulations governing such repayment. If the Secretary finds 
that any coastal state or unit of local government is unable to 
meet its obligations pursuant to this subsection because the 
actual increases in employment and related population resulting 
from coastal energy activity and the facilities associated with 
such activity do not provide adequate revenues to enable such 
state or unit to meet such obligations in accordance with the 
appropriate repayment schedule, the Secretary shall, after 
review of the information submitted by such state or unit, take 
any of the following actions:
          (A) Modify the terms and conditions of such loan.
          (B) Refinance the loan.
          (C) Recommend to the Congress that legislation be 
        enacted to forgive the loan.
  [(2) Loan repayments made pursuant to this subsection shall 
be retained by the Secretary as offsetting collections, and 
shall be deposited into the Coastal Zone Management Fund 
established under subsection (b).]
  (2) Loan repayments made under this subsection--
          (A) shall be retained by the Secretary and deposited 
        into the Coastal Zone Management Fund established under 
        subsection (b); and
          (B) subject to amounts provided in Appropriations 
        Acts, shall be available to the Secretary for purposes 
        of this title and transferred to the Operations, 
        Research, and Facilities account of the National 
        Oceanic and Atmospheric Administration to offset the 
        costs of implementing this title.
  (b)(1) The Secretary shall establish and maintain a fund, to 
be known as the ``Coastal Zone Management Fund'', which shall 
consist of amounts retained and deposited into the Fund under 
subsection (a) and fees deposited into the Fund under section 
307(i)(3).
  [(2) Subject to amounts provided in appropriation Acts, 
amounts in the Fund shall be available to the Secretary for use 
for the following:
          [(A) Expenses incident to the administration of this 
        title, in an amount not to exceed for each of fiscal 
        years 1997, 1998, and 1999 the higher of--
                  [(i) $4,000,000; or
                  [(ii) 8 percent of the total amount 
                appropriated under this title for the fiscal 
                year.
          [(B) After use under subparagraph (A)--
                  [(i) projects to address management issues 
                which are regional in scope, including 
                interstate projects;
                  [(ii) demonstration projects which have high 
                potential for improving coastal zone 
                management, especially at the local level;
                  [(iii) emergency grants to state coastal zone 
                management agencies to address unforeseen or 
                disaster-related circumstances;
                  [(iv) appropriate awards recognizing 
                excellence in coastal zone management as 
                provided in section 314; and
                  [(v) to provide financial support to coastal 
                states for use for investigating and applying 
                the public trust doctrine to implement state 
                management programs approved under section 306.
    [(3) On December 1, of each year, the Secretary shall 
transmit to the Congress an annual report on the Fund, 
including the balance of the Fund and an itemization of all 
deposits into and disbursements from the Fund in the preceding 
fiscal year.]
    (2) Subject to Appropriation Acts, amounts in the Fund 
shall be available to the Secretary to carry out the provisions 
of this Act.

SEC. 309. COASTAL ZONE ENHANCEMENT GRANTS. [16 U.S.C. 1456B]

  (a) Coastal Zone Enhancement Objective Defined.--For purposes 
of this section, the term ``coastal zone enhancement 
objective'' means any of the following objectives:
          [(1) Protection, restoration, or enhancement of the 
        existing coastal wetlands base, or creation of new 
        coastal wetlands.]
          (1) Protection, restoration, enhancement, or creation 
        of coastal habitats, including wetlands, coral reefs, 
        marshes, and barrier islands.
          (2) Preventing or significantly reducing threats to 
        life and destruction of property by eliminating 
        development and redevelopment in high-hazard areas, 
        managing development in other hazard areas, and 
        anticipating and managing the effects of potential sea 
        level rise and Great Lakes level rise.
          (3) Attaining increased opportunities for public 
        access, taking into account current and future public 
        access needs, to coastal areas of recreational, 
        historical, aesthetic, ecological, or cultural value.
          (4) Reducing marine debris entering the Nation's 
        coastal and ocean environment by managing uses and 
        activities that contribute to the entry and removal of 
        such debris.
          (5) Development and adoption of procedures to assess, 
        consider, and control cumulative and secondary impacts 
        of coastal growth and development, including the 
        collective effect [on various individual uses or 
        activities on coastal resources, such as coastal 
        wetlands and fishery resources.] of various individual 
        uses or activities on coastal waters, habitats, and 
        resources, including sources of polluted runoff.
          (6) Preparing and implementing special area 
        management plans for important coastal areas.
          (7) Planning for the use of ocean resources.
          (8) Adoption of procedures and enforceable policies 
        to help facilitate the siting of energy facilities and 
        Government facilities and energy-related activities and 
        Government activities which may be of greater than 
        local significance.
          (9) Adoption of procedures and policies to evaluate 
        and facilitate the siting of public and private 
        aquaculture facilities in the coastal zone, which will 
        enable states to formulate, administer, and implement 
        strategic plans for marine aquaculture.
          (10) Development and enhancement of coastal nonpoint 
        pollution control program components, including the 
        satisfaction of conditions placed on such programs as 
        part of the Secretary's approval of the programs.
          (11) Significant emerging coastal issues as 
        identified by coastal states, in consultation with the 
        Secretary and qualified local entities.
  (b) Limits on Grants.--
          (1) Subject to the limitations and goals established 
        in this section, the Secretary may make grants to 
        coastal states to provide funding for development and 
        submission for Federal approval of program changes that 
        support attainment of one or more coastal zone 
        enhancement objectives.
          (2)(A) In addition to any amounts provided under 
        section 306, and subject to the availability of 
        appropriations, the Secretary may make grants under 
        this subsection to states for implementing program 
        changes approved by the Secretary in accordance with 
        section 306(e).
          (B) Grants under this paragraph to implement a 
        program change may not be made in any fiscal year after 
        the second fiscal year that begins after the approval 
        of that change by the Secretary.
  (c) Evaluation of State Proposals by Secretary.--The 
Secretary shall evaluate and rank state proposals for funding 
under this section, and make funding awards based on those 
[proposals, taking into account the criteria established by the 
Secretary under subsection (d).] proposals. The Secretary shall 
ensure that funding decisions under this section take into 
consideration the fiscal and technical needs of proposing 
states and the overall merit of each proposal in terms of 
benefits to the public.
  [(d) Promulgation of Regulations by Secretary.--Within 12 
months following the date of enactment of this section, and 
consistent with the notice and participation requirements 
established in section 317, the Secretary shall promulgate 
regulations concerning coastal zone enhancement grants that 
establish--
          [(1) specific and detailed criteria that must be 
        addressed by a coastal state (including the state's 
        priority needs for improvement as identified by the 
        Secretary after careful consultation with the state) as 
        part of the state's development and implementation of 
        coastal zone enhancement objectives;
          [(2) administrative or procedural rules or 
        requirements as necessary to facilitate the development 
        and implementation of such objectives by coastal 
        states; and
          [(3) other funding award criteria as are necessary or 
        appropriate to ensure that evaluations of proposals, 
        and decisions to award funding, under this section are 
        based on objective standards applied fairly and 
        equitably to those proposals.]
  [(e)] (d) No State Contribution Required--A state shall not 
be required to contribute any portion of the cost of any 
proposal for which funding is awarded under this section.
  [(f)] (e) Funding.--Beginning in fiscal year 1991, not less 
than 10 percent and not more than 20 percent of the amounts 
appropriated to implement sections 306 and 306A of this title 
shall be retained by the Secretary for use in implementing this 
[section, up to a maximum of $ 10,000,000 annually.] section.
  [(g)] (f) Eligibility; Suspension of State for 
Noncompliance.--If the Secretary finds that the state is not 
undertaking the actions committed to under the terms of the 
grant, the Secretary shall suspend the state's eligibility for 
further funding under this section for at least one year.

SEC. 309A. COASTAL COMMUNITY PROGRAM.

  (a) Coastal Community Grants.--The Secretary may make grants 
to any coastal state that is eligible under subsection (b)--
          (1) to assist coastal communities in assessing and 
        managing growth, public infrastructure, and open space 
        needs in order to provide for sustainable growth, 
        resource protection and community revitalization;
          (2) to provide management-oriented research and 
        technical assistance in developing and implementing 
        community-based growth management and resource 
        protection strategies in qualified local entities;
          (3) to fund demonstration projects which have high 
        potential for improving coastal zone management at the 
        local level;
          (4) to assist in the adoption of plans, strategies, 
        policies, or procedures to support local community-
        based environmentally-protective solutions to the 
        impacts and pressures on coastal uses and resources 
        caused by development and sprawl that will--
                  (A) revitalize previously developed areas;
                  (B) undertake conservation activities and 
                projects in undeveloped and environmentally 
                sensitive areas;
                  (C) emphasize water-dependent uses; and
                  (D) protect coastal waters and habitats; and
          (5) to assist coastal communities to coordinate and 
        implement approved coastal nonpoint pollution control 
        strategies and measures that reduce the causes and 
        impacts of polluted runoff on coastal waters and 
        habitats.''.
  (b) Eligibility.--To be eligible for a grant under this 
section for a fiscal year, a coastal state shall--
          (1) have a management program approved under section 
        306; and
          (2) in the judgment of the Secretary, be making 
        satisfactory progress in activities designed to result 
        in significant improvement in achieving the coastal 
        management objectives specified in section 303(2)(A) 
        through (K).
  (c) Allocations; Source of Federal Grants; State Matching 
Contributions.--
          (1) Allocation.--Grants under this section shall be 
        allocated to coastal states as provided in section 
        306(c).
          (2) Application; matching.--If a coastal state 
        chooses to fund a project under this section, then--
                  (A) it shall submit to the Secretary a 
                combined application for grants under this 
                section and section 306; and
                  (B) it shall match the amount of the grant 
                under this section on the basis of a total 
                contribution of section 306, 306A, and this 
                section so that, in aggregate, the match is 
                1:1.
  (d) Allocation of Grants to Qualified Local Entity.--
          (1) In general.--With the approval of the Secretary, 
        the eligible coastal state may allocate to a qualified 
        local entity amounts received by the state under this 
        section.
          (2) Assurances.--A coastal state shall ensure that 
        amounts allocated by the state under paragraph (1) are 
        used by the qualified local entity in furtherance of 
        the state's approved management program, specifically 
        furtherance of the coastal management objectives 
        specified in section 303(2).
  (e) Assistance.--The Secretary shall assist eligible coastal 
states and qualified local entities in identifying and 
obtaining from other Federal agencies technical and financial 
assistance in achieving the objectives set forth in subsection 
(a).

SEC. 310. TECHNICAL ASSISTANCE. [16 U.S.C. 1456C]

  (a) The Secretary shall conduct a program of technical 
assistance and management-oriented research necessary to 
support the development and implementation of state coastal 
management program amendments under section 309, and 
appropriate to the furtherance of international cooperative 
efforts and technical assistance in coastal zone management. 
Each department, agency, and instrumentality of the executive 
branch of the Federal Government may assist the Secretary, on a 
reimbursable basis or otherwise, in carrying out the purposes 
of this section, including the furnishing of information to the 
extent permitted by law, the transfer of personnel with their 
consent and without prejudice to their position and rating, and 
the performance of any research, study, and technical 
assistance which does not interfere with the performance of the 
primary duties of such department, agency, or instrumentality. 
The Secretary may enter into contracts or other arrangements 
with any qualified person for the purposes of carrying out this 
subsection.
  (b)(1) The Secretary shall provide for the coordination of 
technical assistance, studies, and research activities under 
this section with any other such activities that are conducted 
by or subject to the authority of the Secretary.
  (2) The Secretary shall make the results of research and 
studies conducted pursuant to this section available to coastal 
states in the form of technical assistance publications, 
workshops, or other means appropriate.
  (3) The Secretary shall consult with coastal states on a 
regular basis regarding the development and implementation of 
the program established by this section.
  (4) The Secretary may conduct a program to develop and apply 
innovative coastal and estuarine environmental technology and 
methodology through a cooperative program. The Secretary may 
make extramural grants in carrying out the purpose of this 
subsection.

SEC. 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 
has implemented and enforced the program approved by the 
Secretary, addressed the coastal management needs identified in 
section 303(2)(A) through (K), coordinated with National 
Estuarine Research Reserves in the state, and adhered to the 
terms of any grant, loan, or cooperative agreement funded under 
this title.
  (b) Public Participation.--In evaluating a coastal state's 
performance, the Secretary shall conduct the evaluation in an 
open and public manner, and provide full opportunity for public 
participation, including holding public meetings in the state 
being evaluated and providing opportunities for the submission 
of written and oral comments by the public. The Secretary shall 
provide the public with at least 45 days' notice of such public 
meetings by placing a notice in the Federal Register, by 
publication of timely notices in newspapers of general 
circulation within the state being evaluated, and by 
communications with persons and organizations known to be 
interested in the evaluation. Each evaluation shall be prepared 
in report form and shall include written responses to the 
written comments received during the evaluation process. The 
final report of the evaluation shall be completed within 120 
days after the last public meeting held in the state being 
evaluated. Copies of the evaluation shall be immediately 
provided to all persons and organizations participating in the 
evaluation process.
  (c) Suspension of Financial Assistance for Noncompliance; 
Notification of Governor; Length of Suspension.--
          (1) The Secretary may suspend payment of any portion 
        of financial assistance extended to any coastal state 
        under this title, and may withdraw any unexpended 
        portion of such assistance, if the Secretary determines 
        that the coastal state is failing to adhere to (A) the 
        management program or a state plan developed to manage 
        a national estuarine reserve established under section 
        315 of this title , or a portion of the program or plan 
        approved by the Secretary, or (B) the terms of any 
        grant or cooperative agreement funded under this title.
          (2) Financial assistance may not be suspended under 
        paragraph (1) unless the Secretary provides the 
        Governor of the coastal state with--
                  (A) written specifications and a schedule for 
                the actions that should be taken by the state 
                in order that such suspension of financial 
                assistance may be withdrawn; and
                  (B) written specifications stating how those 
                funds from the suspended financial assistance 
                shall be expended by the coastal state to take 
                the actions referred to in subparagraph (A).
          (3) The suspension of financial assistance may not 
        last for less than 6 months or more than 36 months 
        after the date of suspension.
  (d) Withdrawal of Approval From Program.--The Secretary shall 
withdraw approval of the management program of any coastal 
state and shall withdraw financial assistance available to that 
state under this title as well as any unexpended portion of 
such assistance, if the Secretary determines that the coastal 
state has failed to take the actions referred to in subsection 
(c)(2)(A).
  (e) Notice and Hearing.--Management program approval and 
financial assistance may not be withdrawn under subsection (d), 
unless the Secretary gives the coastal state notice of the 
proposed withdrawal and an opportunity for a public hearing on 
the proposed action. Upon the withdrawal of management program 
approval under this subsection (d), the Secretary shall provide 
the coastal state with written specifications of the actions 
that should be taken, or not engaged in, by the state in order 
that such withdrawal may be canceled by the Secretary.

SEC. 314. WALTER B. JONES EXCELLENCE IN COASTAL ZONE MANAGEMENT AWARDS. 
                    [16 U.S.C. 1460]

  (a) Establishment.--The Secretary [shall, using sums in the 
Coastal Zone Management Fund established under section 308] 
may, using sums available under this Act and other amounts 
available to carry out this title (other than amounts 
appropriated to carry out sections 305, 306, 306A, 309, 310, 
and 315, implement a program to promote excellence in coastal 
zone management by identifying and acknowledging outstanding 
accomplishments in the [field.] field of coastal zone 
management. These awards, to be known as the ``Walter B. Jones 
Awards'', may include--
          (1) cash awards in an amount not to exceed $5,000 
        each;
          (2) research grants; and
          (3) public ceremonies to acknowledge such awards.
  (b) Annual Selection of Recipients.--The Secretary [shall 
elect annually--] shall select annually if funds are available 
under subsection (a)--
          (1) one individual, other than an employee or officer 
        of the Federal Government, whose contribution to the 
        field of coastal zone management has been the most 
        significant;
          (2) 5 local governments which have made the most 
        progress in developing and implementing the coastal 
        zone management principles embodied in this title; and
          (3) up to 10 graduate students whose academic study 
        promises to contribute materially to development of new 
        or improved approaches to coastal zone management.
  (c) Solicitation of Nominations for Local Government 
Recipients.--In making selections under subsection (b)(2) the 
Secretary shall solicit nominations from the coastal states, 
and shall consult with experts in local government planning and 
land use.
  (d) Solicitation of Nominations for Graduate Student 
Recipients.--In making selections under subsection (b)(3) the 
Secretary shall solicit nominations from coastal states and the 
National Sea Grant College Program.
  [(e) Funding; Types of Awards.--Using sums in the Coastal 
Zone Management Fund established under section 308 and other 
amounts available to carry out this title (other than amounts 
appropriated to carry out sections 305, 306, 306A, 309, 310, 
and 315, the Secretary shall establish and execute appropriate 
awards, to be known as the ``Walter B. Jones Awards'', 
including--
          [(1) cash awards in an amount not to exceed $ 5,000 
        each;
          [(2) research grants; and
          [(3) public ceremonies to acknowledge such awards.]

SEC. 315. NATIONAL ESTUARINE RESEARCH RESERVE SYSTEM. [16 U.S.C. 1461]

  (a) Establishment of the System.--There is established the 
National Estuarine Research Reserve System (hereinafter 
referred to in this section as the ``System'') that [consists 
of--] is a network of areas protected by Federal, state, and 
community partnerships which promotes informed management of 
the Nation's estuarine and coastal areas through interconnected 
programs in resource stewardship, education and training, and 
scientific understanding consisting of--
          (1) each estuarine sanctuary designated under this 
        section as in effect before the date of the enactment 
        of the Coastal Zone Management Reauthorization Act of 
        1985; and
          (2) each estuarine area designated as a national 
        estuarine reserve under subsection (b).
Each estuarine sanctuary referred to in paragraph (1) is hereby 
designated as a national estuarine reserve.
  (b) Designation of National Estuarine Reserves.--After the 
date of the enactment of the Coastal Zone Management 
Reauthorization Act of 1985, the Secretary may designate an 
estuarine area as a national estuarine reserve if--
          (1) the Governor of the coastal state in which the 
        area is located nominates the area for that 
        designation; and
          (2) the Secretary finds that--
                  (A) the area is a representative estuarine 
                ecosystem that is suitable for long-term 
                research and contributes to the biogeographical 
                and typological balance of the System;
                  (B) the law of the coastal state provides 
                long-term protection for reserve resources to 
                ensure a stable environment for research;
                  (C) designation of the area as a reserve will 
                serve to enhance public awareness and 
                understanding of estuarine areas, and provide 
                suitable opportunities for [public education 
                and interpretation; and] education, 
                interpretation, training, and demonstration 
                projects; and
                  (D) the coastal state in which the area is 
                located has complied with the requirements of 
                any regulations issued by the Secretary to 
                implement this section.
  (c) Estuarine [Research] Research, Education, and Resource 
Stewardship  Guidelines.--The Secretary shall develop 
guidelines for the [conduct of research] conduct of research, 
education, and resource stewardship within the System that 
shall include--
          (1) a mechanism for identifying, and establishing 
        priorities among, the coastal management issues that 
        should be addressed through [coordinated research] 
        coordinated research, education, and resource 
        stewardship within the System;
          (2) the establishment of common [research] principles 
        and objectives to guide the development of [research 
        programs] research, education, and resource stewardship 
        programs within the System;
          (3) the identification of uniform [research] 
        methodologies which will ensure comparability of 
        [data,] information, the broadest application of 
        [research] results, and the maximum use of the System 
        for [research purposes;] research, education, and 
        resource stewardship purposes;
          (4) the establishment of performance standards upon 
        which the effectiveness of the [research efforts] 
        research, education, and resource stewardship efforts 
        and the value of reserves within the System in 
        addressing the coastal management issues identified in 
        paragraph (1) may be measured; and
          (5) the consideration of additional sources of funds 
        for estuarine [research] research, education, and 
        resource stewardship than the funds authorized under 
        this Act, and strategies for encouraging the use of 
        such funds within the System, with particular emphasis 
        on mechanisms established under subsection (d).
In developing the guidelines under this section, the Secretary 
shall consult with prominent members of the estuarine 
[research] community.
  (d) Promotion and Coordination of [Estuarine Research.--] 
Estuarine Research, Education, and Resource Stewardship._The 
Secretary shall take such action as is necessary to promote and 
coordinate the use of the System for [research purposes] 
research, education, and resource stewardship purposes 
including--
          [(1) requiring that the National Oceanic and 
        Atmospheric Administration, in conducting or supporting 
        estuarine research, give priority consideration to 
        research that uses the System; and]
          (1) giving reasonable priority to research, 
        education, and stewardship activities that use the 
        System in conducting or supporting activities relating 
        to estuaries; 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.] research, education, and resource 
        stewardship activities;
          (3) establishing partnerships with other Federal and 
        state estuarine management programs to coordinate and 
        collaborate on estuarine research.
  (e) Financial Assistance.--
          (1) The Secretary may, in accordance with such rules 
        and regulations as the Secretary shall promulgate, make 
        grants--
                  (A) to a coastal state--
                          (i) for purposes of acquiring such 
                        lands and waters, and any property 
                        interests therein, as are necessary to 
                        ensure the appropriate long-term 
                        management of an area as a national 
                        estuarine [reserve,] reserve; and
                          (ii) for purposes of operating or 
                        managing a national estuarine reserve 
                        [and constructing appropriate reserve 
                        facilities, or] including resource 
                        stewardship activities and constructing 
                        reserve facilities.
                          [(iii) for purposes of conducting 
                        educational or interpretive activities; 
                        and
                  [(B) to any coastal state or public or 
                private person for purposes of supporting 
                research and monitoring within a national 
                estuarine reserve that are consistent with the 
                research guidelines developed under subsection 
                (c).]
                  (B) to any coastal state or public or private 
                person for purposes of--
                          (i) supporting research and 
                        monitoring associated with a national 
                        estuarine reserve that are consistent 
                        with the research guidelines developed 
                        under subsection (c); or
                          (ii) conducting educational, 
                        interpretive, or training activities 
                        for a national estuarine reserve that 
                        are consistent with the education 
                        guidelines developed under subsection 
                        (c).
          (2) Financial assistance provided under paragraph (1) 
        shall be subject to such terms and conditions as the 
        Secretary considers necessary or appropriate to protect 
        the interests of the United States, including requiring 
        coastal states to execute suitable title documents 
        setting forth the property interest or interests of the 
        United States in any lands and waters acquired in whole 
        or part with such financial assistance.
          (3)(A) The amount of the financial assistance 
        provided under paragraph (1)(A)(i) with respect to the 
        acquisition of lands and waters, or interests therein, 
        for any one national estuarine reserve may not exceed 
        an amount equal to 50 percent of the costs of the 
        lands, waters, and interests [therein or $5,000,000, 
        whichever amount is less.] therein. Non-Federal costs 
        associated with the purchase of any lands and waters, 
        or interests therein, which are incorporated into the 
        boundaries of a reserve up to 5 years after the costs 
        are incurred, may be used to match the Federal share.
          (B) The amount of the financial assistance provided 
        under paragraph (1)(A) (ii) [and (iii)] and paragraph 
        (1)(B) may not exceed 70 percent of the costs incurred 
        to achieve the purposes described in those paragraphs 
        with respect to a reserve; except that the amount of 
        the financial assistance provided under [paragraph 
        (1)(A)(iii)] paragraph (1)(B) may be up to 100 percent 
        of any costs for activities that benefit the [entire 
        System.] System as a whole.
          (4) The Secretary may--
                  (A) enter into cooperative agreements, 
                financial agreements, grants, contracts, or 
                other agreements with any nonprofit 
                organization, authorizing the organization to 
                solicit donations to carry out the purposes and 
                policies of this section, other than general 
                administration of reserves or the System and 
                which are consistent with the purposes and 
                policies of this section; and
                  (B) accept donations of funds and services 
                for use in carrying out the purposes and 
                policies of this section, other than general 
                administration of reserves or the System and 
                which are consistent with the purposes and 
                policies of this section.
        Donations accepted under this section shall be 
        considered as a gift or bequest to or for the use of 
        the United States for the purpose of carrying out this 
        section.
          (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 coordination with other state 
        programs established under sections 306 and 309A, 
        education and interpretive activities, and the research 
        being conducted within the reserve.
          (2) If evaluation under paragraph (1) reveals that 
        the operation and management of the reserve is 
        deficient, or that the research being conducted within 
        the reserve is not consistent with the research 
        guidelines developed under subsection (c), the 
        Secretary may suspend the eligibility of that reserve 
        for financial assistance under subsection (e) until the 
        deficiency or inconsistency is remedied.
          (3) The Secretary may withdraw the designation of an 
        estuarine area as a national estuarine reserve if 
        evaluation under paragraph (1) reveals that--
                  (A) the basis for any one or more of the 
                findings made under subsection (b)(2) regarding 
                that area no longer exists; or
                  (B) a substantial portion of the research 
                conducted within the area, over a period of 
                years, has not been consistent with the 
                research guidelines developed under subsection 
                (c).
  (g) Report.--The Secretary shall include in the report 
required under section 316 information regarding--
          (1) new designations of national estuarine reserves;
          (2) any expansion of existing national estuarine 
        reserves;
          (3) the status of the research program being 
        conducted within the System; and
          (4) a summary of the evaluations made under 
        subsection (f).

SEC. 316. COASTAL ZONE MANAGEMENT REPORTS. [16 U.S.C. 1462]

  (a) Biennial Reports.--The Secretary shall consult with the 
Congress on a regular basis concerning the administration of 
this title and shall prepare and submit [to the President for 
transmittal] to the Congress a report summarizing the 
administration of this title during each period of two 
consecutive fiscal years. Each report, which shall be 
transmitted to the Congress not later than April 1 of the year 
following the close of the biennial period to which it 
pertains, shall include, but not be restricted to (1) an 
identification of the state programs approved pursuant to this 
title during the preceding Federal fiscal year and a 
description of those programs; (2) a listing of the states 
participating in the provisions of this title and a description 
of the status of each state's programs and its accomplishments 
during the preceding Federal fiscal year; (3) an itemization of 
the allocation of funds to the various coastal states and a 
breakdown of the major projects and areas on which these funds 
were expended; (4) an identification of any state programs 
which have been reviewed and disapproved, and a statement of 
the reasons for such action; (5) a summary of evaluation 
findings prepared in accordance with subsection (a) of section 
312, and a description of any sanctions imposed under 
subsections (c) and (d) of section 312; (6) a listing of all 
activities and projects which, pursuant to the provisions of 
subsection (c) or subsection (d) of section 307, are not 
consistent with an applicable approved state management 
program; (7) a summary of the regulations issued by the 
Secretary or in effect during the preceding Federal fiscal 
year; (8) a summary of a coordinated national strategy and 
program for the Nation's coastal zone including identification 
and discussion of Federal, regional, state, and local 
responsibilities and functions therein; (9) a summary of 
outstanding problems arising in the administration of this 
title in order of priority; (10) a description of the economic, 
environmental, and social consequences of energy activity 
affecting the coastal [zone and an evaluation of the 
effectiveness of financial assistance under section 308 in 
dealing with such consequences;] zone; (11) a description and 
evaluation of applicable interstate and regional planning and 
coordination mechanisms developed by the coastal states; (12) a 
summary and evaluation of the research, studies, education, and 
training conducted in support of coastal zone management; and 
(13) such other information as may be appropriate.
  (b) Recommendations for Legislation.--The report required by 
subsection (a) shall contain such recommendations for 
additional legislation as the Secretary deems necessary to 
achieve the objectives of this title and enhance its effective 
operation.
  (c) Review of Other Federal Programs; Report to Congress.--
          (1) The [Secretary] Secretary, in consultation with 
        coastal states, and with the participation of affected 
        Federal agencies, shall conduct a systematic review of 
        Federal programs, other than this title, that affect 
        coastal resources for purposes of identifying conflicts 
        between the objectives and administration of such 
        programs and the purposes and policies of this title. 
        [Not later than 1 year after the date of the enactment 
        of this subsection, the Secretary shall notify each 
        Federal agency having appropriate jurisdiction of any 
        conflict between its program and the purposes and 
        policies of this title identified as a result of such 
        review.] The Secretary, in conducting such a review, 
        shall coordinate with, and obtain the views of, 
        appropriate Federal agencies.
          (2) The Secretary [shall promptly] shall, within 4 
        years after the date of enactment of the Coastal Zone 
        Management Act of 2000, 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 programsthat 
affect the uses of coastal resources. If sufficient funds and resources 
are not available to conduct such a review, the Secretary shall so 
notify the Congress.

SEC. 318. AUTHORIZATION OF APPROPRIATIONS. [16 U.S.C. 1464]

  (a) Sums Appropriated to Secretary.--There are authorized to 
be appropriated to the Secretary, to remain available until 
expended--
          [(1) for grants under sections 306, 306A, and 309--
                  [(A) $47,600,000 for fiscal year 1997;
                  [(B) $49,000,000 for fiscal year 1998; and
                  [(C) $50,500,000 for fiscal year 1999; and
          [(2) for grants under section 315--
                  [(A) $4,400,000 for fiscal year 1997;
                  [(B) $4,500,000 for fiscal year 1998; and
                  [(C) $4,600,000 for fiscal year 1999.]
          (1) for grants under sections 306, 306A, and 309--
                  (A) $70,000,000 for fiscal year 2000;
                  (B) $80,000,000 for fiscal year 2001;
                  (C) $83,500,000 for fiscal year 2002;
                  (D) $87,000,000 for fiscal year 2003; and
                  (E) $90,500,000 for fiscal year 2004;
          (2) for grants under section 309A,--
                  (A) $25,000,000 for fiscal year 2000;
                  (B) $26,000,000 for fiscal year 2001;
                  (C) $27,000,000 for fiscal year 2002;
                  (D) $28,000,000 for fiscal year 2003; and
                  (E) $29,000,000 for fiscal year 2004;
        of which $10,000,000, or 35 percent, whichever is less, 
        shall be for purposes set forth in section 309A(a)(5);
          (3) for grants under section 315,--
                  (A) $7,000,000 for fiscal year 2000;
                  (B) $12,000,000 for fiscal year 2001;
                  (C) $12,500,000 for fiscal year 2002;
                  (D) $13,000,000 for fiscal year 2003; and
                  (E) $13,500,000 for fiscal year 2004;
          (4) for grants to fund construction projects at 
        estuarine reserves designated under section 315, 
        $12,000,000 for each of fiscal years 2000, 2001, 2002, 
        2003, and 2004; and
          (5) for costs associated with administering this 
        title, $5,500,000 for fiscal year 2000 and such sums as 
        are necessary for fiscal years 2001-2004.
  (b) Limitations.--Federal funds received from other sources 
shall not be used to pay a coastal state's share of costs under 
section [306 or 309.] 306.
  (c) Reversion to Secretary of Unobligated State Funds; 
Availability of Funds.--The amount of any grant, or portion of 
a grant, made to a state under any section of this Act which is 
not obligated by such state [during the fiscal year, or during 
the second fiscal year after the fiscal year, for which] within 
3 years from when it was first authorized to be obligated by 
such state shall revert to the Secretary. The Secretary shall 
add such reverted amount to those funds available for grants 
[under the section for such reverted amount was originally made 
available.] to states under this Act.
  (d) Purchase of Otherwise Unavailable Federal Products and 
Services.--Federal funds allocated under this title may be used 
by grantees to purchase Federal products and services not 
otherwise available.
  (e) Restriction on Use of Amounts for Program, 
Administrative, or Overhead Costs.--Except for funds 
appropriated under subsection (a)(5), amounts appropriated 
under this section shall be available only for grants to states 
and shall not be available for other program, administrative, 
or overhead costs of the National Oceanic and Atmospheric 
Administration or the Department of Commerce.

                                 
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