I 

111TH CONGRESS 

1ST SESSION H. R. 1690 

To amend the Coastal Zone Management Act of 1972 to authorize the 

Secretary of Commerce to make grants to coastal states to support 

voluntary State efforts to initiate and complete surveys of coastal waters 

to identify potential areas suitable for the exploration, development, and 

production of renewable energy, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 24, 2009 

Mrs. CAPPS (for herself, Mr. DELAHUNT, Ms. BORDALLO, Mr. FARR, Mr. 

SESTAK, and Mr. MCGOVERN) introduced the following bill; which was 

referred to the Committee on Natural Resources 

A BILL 

To amend the Coastal Zone Management Act of 1972 to 

authorize the Secretary of Commerce to make grants 

to coastal states to support voluntary State efforts to 

initiate and complete surveys of coastal waters to identify 

potential areas suitable for the exploration, development, 

and production of renewable energy, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Coastal State Renew3 able Energy Promotion Act’’. 

4 SEC. 2. STATE OCEAN AND COASTAL RENEWABLE ENERGY 

5 PLANNING. 

6 (a) IN GENERAL.—The Coastal Zone Management 

7 Act of 1972 (16 U.S.C. 1451 et seq.) is amended by in8 serting after section 306A the following: 

9 ‘‘OCEAN AND COASTAL RENEWABLE ENERGY STATE SUR10 VEYS; RENEWABLE ENERGY SITE IDENTIFICATION

11 AND PLANNING

12 ‘‘SEC. 306B. (a) GRANTS TO STATES.—The Sec13 retary may make grants to eligible coastal states to sup14 port voluntary State efforts to initiate and complete sur15 veys of portions of coastal state waters and Federal waters 

16 adjacent to a State’s coastal zone, in consultation with the 

17 Minerals Management Service and other relevant Federal 

18 agencies, to identify potential areas suitable for the explo19 ration, development, and production of renewable energy 

20 that are consistent with the enforceable policies of coastal 

21 management plans approved pursuant to section 306(d). 

22 ‘‘(b) SURVEY ELEMENTS.—Surveys developed with 

23 grants under this section shall include consideration of— 

24 ‘‘(1) hydrographic and bathymetric surveys; 


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1 ‘‘(2) oceanographic observations and measure2 ments of the physical ocean environment, especially 

3 seismically active areas; 

4 ‘‘(3) identification and characterization of sig5 nificant or sensitive marine ecosystems or other 

6 areas possessing important conservation, rec7 reational, ecological, historic, or aesthetic values; 

8 ‘‘(4) surveys of existing marine uses in the 

9 outer Continental Shelf and identification of poten10 tial conflicts; 

11 ‘‘(5) inventories and surveys of shore locations 

12 and infrastructure capable of supporting renewable 

13 energy development; 

14 ‘‘(6) inventories and surveys of offshore loca15 tions and infrastructure capable of supporting re16 newable energy development; and 

17 ‘‘(7) other matters as may be necessary. 

18 ‘‘(c) PARTICIPATION AND COOPERATION.—To the ex19 tent practicable, coastal states shall provide opportunity 

20 for the participation in surveys under this section by rel21 evant Federal agencies, State agencies, local governments, 

22 regional organizations, port authorities, and other inter23 ested parties and stakeholders, public and private, that is 

24 adequate to develop a comprehensive survey. 


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1 ‘‘(d) AVAILABILITY OF SURVEY DATA.—The results 

2 of surveys conducted or supported by a grant awarded 

3 under this section, including relevant data, shall be made 

4 available to the public. 

5 ‘‘(e) GUIDELINES.—The Secretary shall, within 180 

6 days after the date of enactment of this section and after 

7 consultation with the coastal states, publish guidelines for 

8 the application for and use of grants under this section. 

9 ‘‘(f) ANNUAL GRANTS.—For each of fiscal years 

10 2010 through 2013, the Secretary may make a grant to 

11 a coastal state under this section if the coastal state dem12 onstrates to the satisfaction of the Secretary that the 

13 grant will be used to develop a renewable energy survey 

14 consistent with the requirements set forth in this section. 

15 ‘‘(g) GRANT AMOUNTS.—The amount of any grant 

16 under this section shall not exceed $1,000,000 for any fis17 cal year. 

18 ‘‘(h) STATE MATCH.— 

19 ‘‘(1) BEFORE FISCAL YEAR 2012.—The Sec20 retary shall not require any State matching fund 

21 contribution for grants awarded under this section 

22 for any fiscal year before fiscal year 2012. 

23 ‘‘(2) FISCAL YEAR 2012 AND THEREAFTER.— 

24 The Secretary shall require a coastal state to provide 

25 a matching fund contribution for a grant under this 


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1 section for surveys of a State’s coastal waters, ac2 cording to— 

3 ‘‘(A) a 2-to-1 ratio of Federal-to-State con4 tributions for fiscal year 2012; and 

5 ‘‘(B) a 1-to-1 ratio of Federal-to-State 

6 contributions for fiscal year 2012. 

7 ‘‘(3) LIMITATION.—The Secretary shall not re8 quire any matching funds for surveys of Federal wa9 ters adjacent to a State’s coastal zone. 

10 ‘‘(4) USE OF DONATIONS.—A coastal state may 

11 utilize funds or other in-kind contributions donated 

12 by a non-governmental partner to satisfy matching 

13 contribution requirements under this subsection. 

14 ‘‘(i) SECRETARIAL REVIEW.—After an initial grant 

15 is made to a coastal state under this section, no subse16 quent grant may be made to that coastal state under this 

17 section unless the Secretary finds that the coastal state 

18 is satisfactorily developing its survey. 

19 ‘‘(j) LIMITATION ON ELIGIBILITY.—No coastal state 

20 is eligible to receive grants under this section for more 

21 than 3 fiscal years. 

22 ‘‘(k) APPLICABILITY.—This section and the surveys 

23 conducted with assistance under this section shall not be 

24 construed to convey any new authority to any coastal 

25 state, or repeal or supersede any existing authority of any 


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1 Federal agency, to regulate the siting, licensing, leasing, 

2 or permitting of renewable energy facilities in areas of the 

3 outer Continental Shelf under the administration of the 

4 Federal Government. Nothing in this section repeals or 

5 supersedes any existing coastal state authority pursuant 

6 to State or Federal law. 

7 ‘‘(l) PRIORITY.—Any area that is identified as suit8 able for potential renewable energy development under 

9 surveys developed with assistance under this section shall 

10 be given priority consideration by Federal agencies for the 

11 siting, licensing, leasing, or permitting of renewable en12 ergy facilities. 

13 ‘‘(m) ASSISTANCE BY THE SECRETARY.—The Sec14 retary shall— 

15 ‘‘(1) under section 307(a) and to the extent 

16 practicable, make available to coastal states the re17 sources and capabilities of the National Oceanic and 

18 Atmospheric Administration to provide technical as19 sistance to the coastal states to develop surveys 

20 under this section; 

21 ‘‘(2) encourage other Federal agencies with rel22 evant expertise to participate in providing technical 

23 assistance under this subsection; and 

24 ‘‘(3) coordinate with other relevant Federal 

25 agencies and coastal states in the development of an 


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1 administrative process to facilitate the licensing or 

2 permitting of renewable energy facilities located in 

3 waters of the United States. 

4 ‘‘(n) RENEWABLE ENERGY DEFINED.—In this sec5 tion the term ‘renewable energy’ means wind, wave, cur6 rent, tidal, or ocean thermal energy.’’. 

7 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 

8 318(a) of the Coastal Zone Management Act of 1972 (16 

9 U.S.C. 1464) is amended— 

10 (1) in paragraph (1)(C) by striking ‘‘and’’ after 

11 the semicolon; 

12 (2) in paragraph (2), by striking the period at 

13 the end and inserting a semicolon; and 

14 (3) by adding at the end the following: 

15 ‘‘(3) for grants under section 306B such sums 

16 as are necessary; and’’. 

Æ 


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