IIA

104TH CONGRESS

2D SESSION H. R. 1965

IN THE SENATE OF THE UNITED STATES

APRIL 24, 1996

Received; read twice and referred to the Committee on Commerce, Science,

and Transportation

AN ACT

To reauthorize the Coastal Zone Management Act of 1972,

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 Zone Protec3 tion Act of 1996’’.

4 SEC. 2. FINANCIAL ASSISTANCE FOR DEVELOPMENT OF

5 STATE COASTAL PROGRAMS.

6 (a) REAUTHORIZATION OF PROGRAM.—Section

7 305(a) of the Coastal Zone Management Act of 1972 (16

8 U.S.C. 1454(a)) is amended—

9 (1) by striking ‘‘1991, 1992, and 1993’’ and in10 serting ‘‘1997, 1998, and 1999’’; and

11 (2) by striking ‘‘two’’ and inserting ‘‘four’’.

12 (b) TERMINATION OF PROGRAM.—

13 (1) IN GENERAL.—Section 305 of the Coastal

14 Zone Management Act of 1972 (16 U.S.C. 1454) is

15 amended—

16 (A) by striking subsection (a);

17 (B) by striking ‘‘(b)’’; and

18 (C) by amending the heading to read as

19 follows:

20 ‘‘SUBMITTAL OF STATE PROGRAM FOR APPROVAL’’.

21 (2) CONFORMING AMENDMENTS.—Section

22 308(b)(2)(B) of the Coastal Zone Management Act

23 of 1972 (16 U.S.C. 1457(b)(2)(B)) is amended—

24 (A) in clause (iv) by adding ‘‘and’’ after

25 the semicolon;

26 (B) by striking clause (v); and
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1 (C) by redesignating clause (vi) as clause

2 (v).

3 (3) EFFECTIVE DATE.—This subsection shall

4 take effect on October 1, 1999.

5 SEC. 3. IMPLEMENTATION ASSISTANCE FOR COASTAL

6 ZONE ENHANCEMENT.

7 Section 309(b) of the Coastal Zone Management Act

8 of 1972 (16 U.S.C. 1456b(b)) is amended—

9 (1) by inserting ‘‘(1)’’ before ‘‘Subject to’’; and

10 (2) by adding at the end the following new

11 paragraph:

12 ‘‘(2)(A) In addition to any amounts provided under

13 section 306, and subject to the availability of appropria14 tions, the Secretary may make grants under this sub15 section to States for implementing program changes ap16 proved by the Secretary in accordance with section 306(e).

17 ‘‘(B) Grants under this paragraph to implement a

18 program change may not be made in any fiscal year after

19 the second fiscal year that begins after the approval of

20 that change by the Secretary.’’.

21 SEC. 4. AUTHORIZATION OF APPROPRIATIONS FOR

22 GRANTS.

23 Section 318 of the Coastal Zone Management Act of

24 1972 (16 U.S.C. 1464) is amended—
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1 (1) by striking ‘‘SEC. 318.’’ and all that follows

2 through subsection (a) and inserting the following:

3 ‘‘SEC. 318. (a) There are authorized to be appro4 priated to the Secretary, to remain available until ex5 pended—

6 ‘‘(1) for grants under sections 306, 306A, and

7 309—

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

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

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

11 ‘‘(2) for grants under section 315—

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

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

14 ‘‘(C) $4,600,000 for fiscal year 1999.’’;

15 (2) by striking subsection (b); and

16 (3) by redesignating subsections (c) and (d) in

17 order as subsections (b) and (c).

18 SEC. 5. COASTAL ZONE MANAGEMENT FUND.

19 (a) AUTHORIZATION FOR ADMINISTRATIVE EX20 PENSES.—Section 308(b)(2)(A) of the Coastal Zone Man21 agement Act of 1972 (16 U.S.C. 1456a(b)(2)(A)) is

22 amended to read as follows:

23 ‘‘(A) Expenses incident to the administration of

24 this title, in an amount not to exceed for each of fis25 cal years 1997, 1998, and 1999 the higher of—
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1 ‘‘(i) $4,000,000; or

2 ‘‘(ii) 8 percent of the total amount appro3 priated under this title for the fiscal year.’’.

4 (b) AUTHORIZATION FOR PROGRAM DEVELOPMENT

5 GRANTS.—Section 308(b)(2)(B)(v) of the Coastal Zone

6 Management Act of 1972 (16 U.S.C. 1456a(b)(2)(B)(v))

7 is amended to read as follows:

8 ‘‘(v) program development grants as au9 thorized by section 305, in an amount not to

10 exceed $200,000 for each of fiscal years 1997,

11 1998, and 1999; and’’.

12 SEC. 6. MATCHING REQUIREMENT.

13 Section 315(e)(3) of the Coastal Zone Management

14 Act of 1972 (16 U.S.C. 1461(e)(3)) is amended by adding

15 at the end the following new subparagraph:

16 ‘‘(C) Notwithstanding subparagraphs (A) and (B), fi17 nancial assistance under this subsection provided from

18 amounts recovered as a result of damage to natural re19 sources located in the coastal zone may be used to pay

20 100 percent of the costs of activities carried out with the

21 assistance.’’.

22 SEC. 7. AQUACULTURE IN THE COASTAL ZONE.

23 The Coastal Zone Management Act of 1972 is

24 amended—
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1 (1) in section 306A(b) (16 U.S.C. 1455a(b)) by

2 adding at the end of the following:

3 ‘‘(4) The development of a coordinated process

4 among State agencies to regulate and issue permits

5 for aquaculture facilities in the coastal zone.’’; and

6 (2) in section 309(a) (16 U.S.C. 1456b(a)) by

7 adding at the end the following:

8 ‘‘(9) Adoption of procedures and policies to

9 evaluate and facilitate the siting of public and pri10 vate aquaculture facilities in the coastal zone, which

11 will enable States to formulate, administer, and im12 plement strategic plans for marine aquaculture.’’.

13 SEC. 8. APPEALS TO THE SECRETARY.

14 The Coastal Zone Management Act of 1972 is

15 amended by adding at the end the following new section:

16 ‘‘APPEALS TO THE SECRETARY

17 ‘‘SEC. 319. (a) NOTICE.—The Secretary shall publish

18 in the Federal Register a notice indicating when the deci19 sion record has been closed on any appeal to the Secretary

20 taken from a consistency determination under section

21 307(c) or (d). No later than 90 days after the date of

22 publication of this notice, the Secretary shall—

23 ‘‘(1) issue a final decision in the appeal; or

24 ‘‘(2) publish a notice in the Federal Register

25 detailing why a decision cannot be issued within the

26 90-day period.
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1 ‘‘(b) DEADLINE.—In the case where the Secretary

2 publishes a notice under subsection (a)(2), the Secretary

3 shall issue a decision in any appeal filed under section 307

4 no later than 45 days after the date of the publication

5 of the notice.

6 ‘‘(c) APPLICATION.—This section applies to appeals

7 initiated by the Secretary and appeals filed by an appli8 cant.’’.

Passed the House of Representatives April 23, 1996.

Attest: ROBIN H. CARLE,

Clerk.