H. R. 1965

One Hundred Fourth Congress

of the

United States of America

AT THE SECOND SESSION

Begun and held at the City of Washington on Wednesday,

the third day of January, one thousand nine hundred and ninety-six

An Act

To reauthorize the Coastal Zone Management Act of 1972, and for other purposes.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘Coastal Zone Protection Act

of 1996’’.

SEC. 2. FINANCIAL ASSISTANCE FOR DEVELOPMENT OF STATE

COASTAL PROGRAMS.

(a) REAUTHORIZATION OF PROGRAM.—Section 305(a) of the

Coastal Zone Management Act of 1972 (16 U.S.C. 1454(a)) is amended—

(1) by striking ‘‘1991, 1992, and 1993’’ and inserting ‘‘1997,

1998, and 1999’’; and

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

(b) TERMINATION OF PROGRAM.— (1) IN GENERAL.—Section 305 of the Coastal Zone Management Act of 1972 (16 U.S.C. 1454) is amended—

(A) by striking subsection (a);

(B) by striking ‘‘(b)’’; and

(C) by amending the heading to read as follows:

‘‘SUBMITTAL OF STATE PROGRAM FOR APPROVAL’’.

(2) CONFORMING AMENDMENTS.—Section 308(b)(2)(B) of the

Coastal Zone Management Act of 1972 (16 U.S.C. 1457(b)(2)(B))

is amended—

(A) in clause (iv) by adding ‘‘and’’ after the semicolon;

(B) by striking clause (v); and

(C) by redesignating clause (vi) as clause (v).

(3) EFFECTIVE DATE.—This subsection shall take effect on

October 1, 1999.

SEC. 3. IMPLEMENTATION ASSISTANCE FOR COASTAL ZONE ENHANCEMENT.

Section 309(b) of the Coastal Zone Management Act of 1972

(16 U.S.C. 1456b(b)) is amended—

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

(2) by adding at the end the following new paragraph:

‘‘(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).
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‘‘(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.’’.

SEC. 4. AUTHORIZATION OF APPROPRIATIONS FOR GRANTS.

Section 318 of the Coastal Zone Management Act of 1972 (16

U.S.C. 1464) is amended—

(1) by striking ‘‘SEC. 318.’’ and all that follows through

subsection (a) and inserting the following:

‘‘SEC. 318. (a) 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.’’;

(2) by striking subsection (b); and

(3) by redesignating subsections (c) and (d) in order as

subsections (b) and (c).

SEC. 5. COASTAL ZONE MANAGEMENT FUND.

(a) AUTHORIZATION FOR ADMINISTRATIVE EXPENSES.—Section

308(b)(2)(A) of the Coastal Zone Management Act of 1972 (16 U.S.C.

1456a(b)(2)(A)) is amended to read as follows:

‘‘(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) AUTHORIZATION FOR PROGRAM DEVELOPMENT GRANTS.—Section 308(b)(2)(B)(v) of the Coastal Zone Management Act of 1972

(16 U.S.C. 1456a(b)(2)(B)(v)) is amended to read as follows:

‘‘(v) program development grants as authorized by sec- tion 305, in an amount not to exceed $200,000 for each

of fiscal years 1997, 1998, and 1999; and’’.

SEC. 6. MATCHING REQUIREMENT.

Section 315(e)(3) of the Coastal Zone Management Act of 1972

(16 U.S.C. 1461(e)(3)) is amended by adding at the end the following

new subparagraph:

‘‘(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.’’.

SEC. 7. AQUACULTURE IN THE COASTAL ZONE.

The Coastal Zone Management Act of 1972 is amended—

(1) in section 306A(b) (16 U.S.C. 1455a(b)) by adding at

the end of the following:

‘‘(4) The development of a coordinated process among State

agencies to regulate and issue permits for aquaculture facilities

in the coastal zone.’’; and
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(2) in section 309(a) (16 U.S.C. 1456b(a)) by adding at

the end the following:

‘‘(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.’’.

SEC. 8. APPEALS TO THE SECRETARY.

The Coastal Zone Management Act of 1972 is amended by

adding at the end the following new section:

‘‘APPEALS TO THE SECRETARY

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

Federal Register a notice indicating when the decision record has

been closed on any appeal to the Secretary taken from a consistency

determination under section 307(c) or (d). No later than 90 days

after the date of publication of this notice, the Secretary shall—

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

‘‘(2) publish a notice in the Federal Register detailing why

a decision cannot be issued within the 90-day period.

‘‘(b) DEADLINE.—In the case where the Secretary publishes

a notice under subsection (a)(2), the Secretary shall issue a decision

in any appeal filed under section 307 no later than 45 days after

the date of the publication of the notice.

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

the Secretary and appeals filed by an applicant.’’.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.