I

107TH CONGRESS

1ST SESSION H. R. 897

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

purposes.

IN THE HOUSE OF REPRESENTATIVES

MARCH 6, 2001

Mr. SAXTON introduced the following bill; which was referred to the Committee on Resources, and in addition to the Committee on Transportation

and Infrastructure, for a period to be subsequently determined by the

Speaker, in each case for consideration of such provisions as fall within

the jurisdiction of the committee concerned

A BILL

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,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Coastal Community

5 Conservation Act of 2001’’.

6 SEC. 2. AMENDMENT OF COASTAL ZONE MANAGEMENT ACT

7 OF 1972.

8 Except as otherwise expressly provided, whenever in

9 this Act an amendment or repeal is expressed in terms
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1 of an amendment to, or repeal of, a section or other provi2 sion, the reference shall be considered to be made to a

3 section or other provision of the Coastal Zone Manage4 ment Act of 1972 (16 U.S.C. 1451 et seq.).

5 TITLE I—REAUTHORIZATION

6 AND AMENDMENT OF COAST7 AL ZONE MANAGEMENT ACT

8 OF 1972, GENERALLY

9 SEC. 101. COASTAL COMMUNITY CONSERVATION GRANTS.

10 (a) IN GENERAL.—Section 306A (16 U.S.C. 1455a)

11 is amended by striking so much as precedes subsection

12 (b) and inserting the following:

13 ‘‘COASTAL COMMUNITY CONSERVATION GRANTS

14 ‘‘SEC. 306A. (a)(1) The Secretary may make grants

15 to any coastal State for the purpose of assisting local com16 munities to carry out eligible coastal community conserva17 tion projects.

18 ‘‘(2) Grants under this section shall be allocated to

19 coastal States in the same manner in which grants under

20 section 306 are allocated under subsection (c) of that sec21 tion.

22 ‘‘(3) A project shall be an eligible coastal community

23 conservation project under this section if it—

24 ‘‘(A) is submitted to the Secretary by the State

25 agency designated by the Governor pursuant to sec26 tion 306(d)(6);
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1 ‘‘(B) would be carried out in the coastal zone;

2 ‘‘(C) would achieve at least one of the coastal

3 zone management objectives specified in section

4 303(2);

5 ‘‘(D) would achieve at least one of the objec6 tives listed in subsection (b); and

7 ‘‘(E) is designed and carried out in conjunction

8 with a qualified local entity.’’.

9 (b) OBJECTIVES.—Section 306A(b) (16 U.S.C.

10 1455a(b)) is amended—

11 (1) by striking the matter preceding paragraph

12 (1) and inserting the following:

13 ‘‘(b) The objectives referred to in subsection

14 (a)(3)(D) are the following:’’;

15 (2) in paragraph (2) by inserting ‘‘or historic’’

16 after ‘‘urban’’; and

17 (3) by striking paragraph (4) and inserting the

18 following:

19 ‘‘(4) The preservation, restoration, enhance20 ment, or creation of coastal habitats.

21 ‘‘(5) The preparation of plans that promote

22 coastal community revitalization and the goal stated

23 in section 303(1).

24 ‘‘(6) Coordination and implementation of coast25 al nonpoint pollution control program components
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1 and activities that reduce the causes and impacts of

2 polluted runoff on coastal waters and habitat.’’.

3 (c) USE.—Section 306A(c)(2) (16 U.S.C.

4 1455a(c)(2)) is amended by striking ‘‘and’’ after the semi5 colon at the end of subparagraph (D), striking the period

6 at the end of subparagraph (E) and inserting a semicolon,

7 and adding at the end the following:

8 ‘‘(F) purchase and distribution of cultch mate9 rial;

10 ‘‘(G) work, resources, or technical support nec11 essary to restore, enhance, or create coastal habitat

12 or to prepare plans that promote coastal community

13 revitalization and the goal stated in section 303(1);

14 and

15 ‘‘(H) the coordination and implementation of a

16 coastal nonpoint pollution control program.’’.

17 (d) MISCELLANEOUS PROVISIONS.—Section 306A

18 (16 U.S.C. 1455a) is amended by striking subsections (d),

19 (e), and (f) and inserting the following:

20 ‘‘(d)(1) As a condition of providing a grant under this

21 section to a coastal State, the Secretary shall require the

22 coastal State to provide matching funds according to the

23 ratio of Federal-to-State contributions that applies under

24 section 306(a).
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1 ‘‘(2) If the Secretary finds that a State or qualified

2 local entity is not undertaking the actions it committed

3 to under the terms of a grant under this section, the Sec4 retary shall suspend the State or qualified local entity’s

5 eligibility for further funding under this section for at

6 least 1 year.

7 ‘‘(e)(1) With the approval of the Secretary, a coastal

8 State may allocate to any qualified local entity amounts

9 received by the State as a grant under this section.

10 ‘‘(2) A coastal State shall ensure that amounts allo11 cated by the State under paragraph (1) are used by the

12 qualified local entity in furtherance of the State’s ap13 proved management program.

14 ‘‘(f) The Secretary shall assist eligible coastal States

15 and qualified local entities in those States in identifying

16 and obtaining from other Federal agencies technical and

17 financial assistance in achieving the objectives set forth

18 in subsection (b).

19 ‘‘(g) For purposes of this section:

20 ‘‘(1) The term ‘qualified local entity’ means—

21 ‘‘(A) any local government;

22 ‘‘(B) any areawide agency referred to in

23 section 204(a)(1) of the Demonstration Cities

24 and Metropolitan Development Act of 1966 (42

25 U.S.C. 3334(a)(1));
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1 ‘‘(C) any regional agency;

2 ‘‘(D) any interstate agency; and

3 ‘‘(E) any reserve established under section

4 315.

5 ‘‘(2) The term ‘eligible coastal State’ means a

6 coastal State that for any fiscal year for which a

7 grant is applied for under this section—

8 ‘‘(A) has a management program approved

9 under section 306; and

10 ‘‘(B) is considered by the Secretary to be

11 making satisfactory progress in activities de12 signed to result in significant improvement in

13 achieving the coastal management objectives

14 specified in section 302(2).

15 ‘‘(3) The term ‘urban or historic waterfront and

16 port’ means any developed area that is densely popu17 lated or historically significant and is being used for,

18 or has been used for, residential, recreational, com19 mercial, shipping, or industrial purposes.

20 ‘‘(4) The term ‘coastal nonpoint pollution con21 trol program’ means a program under section

22 6217(b) of the Coastal Zone Act Reauthorization

23 Amendments of 1990 (16 U.S.C. 1455b(b)).’’.

24 (e) CONFORMING AMENDMENT.—Section 303(2) (16

25 U.S.C. 1452(2)) is amended in the matter preceding sub-
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1 paragraph (A) by striking ‘‘the states’’ in the first line

2 and inserting ‘‘State and local entities’’.

3 SEC. 102. COASTAL ZONE MANAGEMENT FUND.

4 (a) IN GENERAL.—Section 308 (16 U.S.C. 1456a)

5 is amended—

6 (1) in subsection (a) by striking paragraph (2)

7 and inserting the following:

8 ‘‘(2) Loan repayments made pursuant to this

9 subsection—

10 ‘‘(A) shall be retained by the Secretary and de11 posited into the Coastal Zone Management Fund es12 tablished under subsection (b); and

13 ‘‘(B) subject to amounts provided in appropria14 tion Acts, shall be available to the Secretary for pur15 poses of this title and transferred to the Operations,

16 Research and Facilities account to offset the costs of

17 implementing this title.’’; and

18 (2) in subsection (b)—

19 (A) by striking paragraphs (2) and (3);

20 and

21 (B) by striking ‘‘(b)(1)’’ and inserting

22 ‘‘(b)’’.

23 (b) CONFORMING AMENDMENT.—Section 2(b)(2) of

24 the Coastal Zone Protection Act of 1996 (Public Law

25 104–150; 110 Stat. 1380) is repealed.
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1 SEC. 103. AMENDMENTS RELATING TO COASTAL ZONE EN2 HANCEMENT GRANTS.

3 Section 309 (16 U.S.C. 1456b) is amended—

4 (1) in subsection (a) by adding at the end the

5 following:

6 ‘‘(10) The development of a coordinated process

7 among State agencies to regulate and issue permits

8 for aquaculture facilities in the coastal zone.

9 ‘‘(11) Addressing any issue that is identified by

10 a coastal State, in consultation with the Secretary

11 and relevant qualified local entities (as that term is

12 defined in section 306A), to be a significant emerg13 ing coastal issue.’’; and

14 (2) by striking subsections (c) through (g) and

15 inserting the following:

16 ‘‘(c) As a condition of providing a grant under this

17 section to a coastal State, the Secretary shall require the

18 State to provide matching funds according to a 1-to-1

19 ratio of Federal-to-State contributions.

20 ‘‘(d) Grants under this section shall be allocated to

21 coastal States in the same manner in which grants under

22 section 306 are allocated under subsection (c) of that sec23 tion.

24 ‘‘(e) If the Secretary finds that a coastal State is not

25 taking actions committed to by the State under the terms

26 of a grant to the State under this section, the Secretary
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1 shall suspend the eligibility of the State for further fund2 ing under this section for at least one year.’’.

3 SEC. 104. AMENDMENTS RELATING TO WALTER B. JONES

4 AWARDS FOR EXCELLENCE IN COASTAL

5 ZONE MANAGEMENT.

6 Section 314 (16 U.S.C. 1460) is amended—

7 (1) by amending subsection (a) to read as fol8 lows:

9 ‘‘(a)(1) The Secretary may implement a program to

10 promote excellence in coastal zone management by identi11 fying and making awards acknowledging outstanding ac12 complishments in the field of coastal zone management.

13 An award under this section shall be known as a ‘Walter

14 B. Jones Award’.

15 ‘‘(2) Awards under this section may include, subject

16 to the availability of appropriations—

17 ‘‘(A) cash awards of not more than $5,000

18 each;

19 ‘‘(B) research grants; and

20 ‘‘(C) public ceremonies to acknowledge accom21 plishments in the field of coastal zone manage22 ment.’’;

23 (2) in subsection (b) in the matter preceding

24 paragraph (1), by striking ‘‘shall elect annually’’ and
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1 inserting ‘‘may select annually for an award under

2 this section’’; and

3 (3) by repealing subsection (e).

4 SEC. 105. REPORTS.

5 Section 316 (16 U.S.C. 1462) is amended—

6 (1) by striking ‘‘to the President for trans7 mittal’’; and

8 (2) by striking clause (10) and redesignating

9 clauses (11), (12), and (13) in order as clauses (10),

10 (11), and (12).

11 SEC. 106. AUTHORIZATION OF APPROPRIATIONS.

12 (a) IN GENERAL.—Section 318(a)(1) (16 U.S.C.

13 1464(a)(1)) is amended to read as follows:

14 ‘‘(1) for grants under sections 306 and 309, for

15 expenses incidental to the administration of this

16 title, and for awards under section 314, such sums

17 as may be necessary for each of fiscal years 2002,

18 2003, 2004, 2005, and 2006;’’.

19 (b) REVERSION OF GRANTS; PURCHASES FROM GOV20 ERNMENT.—Section 318 (16 U.S.C. 1464) is amended by

21 striking subsection (c) and inserting the following:

22 ‘‘(c) The amount of any grant, or portion of a grant,

23 made to a State under any section of this title that is not

24 obligated by the State within 3 years after the date it is

25 first authorized to be obligated by the State shall revert
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1 to the Secretary. The Secretary shall add such reverted

2 amount to the funds available for grants to States under

3 this title.

4 ‘‘(d) Federal funds allocated under this title may be

5 used by grantees to purchase Federal products and serv6 ices not otherwise available.

7 ‘‘(e) Of the amounts appropriated under subsection

8 (a), no less than 10 percent and no more than 15 percent

9 may be used to carry out section 309.’’.

10 (c) SET-ASIDE FOR PROGRAM IMPLEMENTATION.—

11 Section 318 (16 U.S.C. 1464) is further amended by add12 ing at the end the following:

13 ‘‘(f) Of amounts available each fiscal year for grants

14 under section 306A, $10,000,000, or 35 percent, which15 ever is less, shall be for grants for eligible coastal commu16 nity conservation projects that would achieve the objective

17 set forth in section 306A(b)(6).’’.

18 (d) RESTRICTION ON USE OF AMOUNTS FOR PRO19 GRAM, ADMINISTRATIVE, OR OVERHEAD COSTS.—Section

20 318 (16 U.S.C. 1464) is further amended by adding at

21 the end the following:

22 ‘‘(g) Except for funds appropriated under paragraph

23 (4) of subsection (a), amounts appropriated under this

24 section shall be available only for grants to States and

25 shall not be available for other program, administrative,
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1 or overhead costs of the National Oceanic and Atmos2 pheric Administration or the Department of Commerce.’’.

3 SEC. 107. TECHNICAL CORRECTIONS.

4 The Coastal Zone Management Act of 1972 is

5 amended—

6 (1) in section 302(f) (16 U.S.C. 1451(f)) by

7 striking the semicolon at the end and inserting a pe8 riod;

9 (2) in section 303(2) (16 U.S.C. 1452(2))—

10 (A) in subparagraph (B) by striking the

11 period at the end and inserting a comma; and

12 (B) in subparagraph (J) by striking ‘‘agen13 cies and State and wildlife’’ and inserting ‘‘and

14 wildlife management’’;

15 (3) in section 304(5) (16 U.S.C. 1453(5)) by

16 striking the semicolon and inserting a colon;

17 (4) in section 306(d)(10)(A) (16 U.S.C.

18 1455(d)(10)(A)) by inserting a comma after ‘‘devel19 opment’’;

20 (5) by striking ‘‘coastal state’’ each place it ap21 pears and inserting ‘‘coastal State’’;

22 (6) by striking ‘‘coastal states’’ each place it

23 appears and inserting ‘‘coastal States’’;

24 (7) by striking ‘‘coastal state’s’’ each place it

25 appears and inserting ‘‘coastal State’s’’;
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1 (8) by striking the term ‘‘state’’ each place it

2 appears in reference to a State of the United States

3 (other than in the term ‘‘coastal state’’) and insert4 ing ‘‘State’’;

5 (9) by striking the term ‘‘states’’ each place it

6 appears in reference to States of the United States

7 (other than in the term ‘‘coastal states’’) and insert8 ing ‘‘States’’; and

9 (10) by striking the term ‘‘state’s’’ each place

10 it appears in reference to a State of the United

11 States (other than in the term ‘‘coastal state’s’’) and

12 inserting ‘‘State’s’’.

13 SEC. 108. COASTAL ZONE MANAGEMENT OUTCOME INDICA14 TORS AND MONITORING AND PERFORMANCE

15 EVALUATION SYSTEM.

16 (a) IN GENERAL.—The Secretary of Commerce

17 shall—

18 (1) by not later than 24 months after the first

19 date amounts are available to carry out this section,

20 submit to the Committee on Resources of the House

21 of Representatives a common set of measurable out22 come indicators to evaluate the effectiveness of State

23 coastal zone management programs in the achieve24 ment of the coastal management objectives specified

25 in section 303(2)(A) through (J) of the Coastal
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1 Zone Management Act of 1972 (16 U.S.C.

2 1452(2)(A)–(J)); and

3 (2) by not later than 48 months after such

4 date, establish a national coastal zone management

5 outcome monitoring and performance evaluation sys6 tem using the common set of indicators prepared

7 under paragraph (1).

8 (b) CONSULTATION.—

9 (1) IN GENERAL.—In preparing each report

10 under subsection (a), the Secretary shall consult

11 with and provide a copy of the draft report to each

12 coastal State, through the Governor of the State or

13 the head of the State agency designated by the Gov14 ernor pursuant to section 306(d)(6) of the Coastal

15 Zone Management Act of 1972 (16 U.S.C.

16 1455(d)(6)).

17 (2) STATE COMMENTS.—The Secretary shall in18 clude in each final report any State comments on

19 the draft report.

20 (c) AUTHORIZATION OF APPROPRIATIONS.—To carry

21 out this section there are authorized to be appropriated

22 to the Secretary of Commerce $1,000,000 for each of fis23 cal years 2002 and 2003.
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1 TITLE II—NATIONAL COASTAL

2 RESERVES

3 SEC. 201. POLICIES.

4 (a) DECLARATION OF POLICY.—Section 303 of the

5 Coastal Zone Management Act of 1972 (16 U.S.C. 1452)

6 is amended by striking ‘‘and’’ after the semicolon in para7 graph (5), by striking the period at the end of paragraph

8 (6) and inserting a semicolon, and by adding at the end

9 the following:

10 ‘‘(7) to use Federal, State, and community

11 partnerships developed through the system estab12 lished by section 315 to improve the understanding,

13 stewardship, and management of coastal areas; and

14 ‘‘(8) to encourage the development, application,

15 and transfer to local, State, and Federal resources

16 managers of innovative coastal and estuarine re17 sources management technologies and techniques

18 that promote the long-term conservation of coastal

19 and estuarine resources.’’.

20 SEC. 202. NATIONAL COASTAL RESERVE SYSTEM.

21 Section 315 of such Act (16 U.S.C. 1461(b)) is

22 amended to read as follows:

23 ‘‘NATIONAL COASTAL RESERVE SYSTEM

24 ‘‘SEC. 315. (a) ESTABLISHMENT OF THE SYSTEM.—
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1 ‘‘(1) IN GENERAL.—There is established the

2 National Coastal Reserve System. The System shall

3 consist of—

4 ‘‘(A) each estuarine sanctuary designated

5 under this section as in effect before April 7,

6 1986; and

7 ‘‘(B) each estuarine area designated as a

8 national coastal reserve under subsection (b).

9 ‘‘(2) PURPOSE.—The purpose of the System

10 and of each reserve is to improve the understanding,

11 stewardship, and management of coastal and estua12 rine resources.

13 ‘‘(3) DESIGNATION OF EXISTING SANCTUARIES

14 AS RESERVES.—Each estuarine sanctuary referred

15 to in paragraph (1)(A) is hereby designated as a na16 tional coastal reserve.

17 ‘‘(b) DESIGNATION OF NATIONAL COASTAL RE18 SERVES.—The Secretary may designate an estuarine area

19 as a national coastal reserve if—

20 ‘‘(1) the Government of the coastal State in

21 which the area is located nominates the area for that

22 designation; and

23 ‘‘(2) the Secretary finds that—

24 ‘‘(A) the estuarine area is a representative

25 estuarine ecosystem that is suitable for long-
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1 term research and contributes to the biogeo2 graphical and typological balance of the System;

3 ‘‘(B) the law of the coastal State provides

4 long-term protection for reserve resources to en5 sure a stable environment for research, edu6 cation, and resource stewardship;

7 ‘‘(C) designation of the area as a reserve

8 will serve to enhance public awareness and un9 derstanding of coastal and estuarine resources,

10 and provide suitable opportunities for edu11 cation, interpretation, training, and demonstra12 tion projects to improve management of coastal

13 and estuarine resources; and

14 ‘‘(D) the coastal State in which the area is

15 located has complied with the requirements of

16 any regulations issued by the Secretary to im17 plement this section.

18 ‘‘(c) ESTUARINE RESEARCH, EDUCATION, AND RE19 SOURCE STEWARDSHIP GUIDELINES.—

20 ‘‘(1) IN GENERAL.—The Secretary shall develop

21 guidelines for the conduct of research, education,

22 and resource stewardship within the System that

23 shall include—

24 ‘‘(A) a mechanism for identifying, and es25 tablishing priorities among, the coastal and es-
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1 tuarine management issues that should be ad2 dressed through coordinated research, edu3 cation, and resource stewardship within the

4 System;

5 ‘‘(B) the establishment of common prin6 ciples and objectives to guide the development

7 of research, education, and resource steward8 ship programs within the System;

9 ‘‘(C) the identification of uniform research

10 methodologies which will ensure comparability

11 of data, the broadest application of research re12 sults, and the maximum use of the System for

13 research purposes;

14 ‘‘(D) the establishment of performance

15 standards upon which the effectiveness of the

16 research, education, and resource stewardship

17 efforts and the value of reserves within the Sys18 tem in addressing the coastal and estuarine

19 management issues identified in subparagraph

20 (A) may be measured; and

21 ‘‘(E) the consideration of sources of funds

22 for estuarine research, education, and resource

23 stewardship in addition to the funds authorized

24 under this title, and strategies for encouraging

25 the use of such funds within the System, with
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1 particular emphasis on mechanisms established

2 under subsection (d).

3 ‘‘(2) CONSULTATION.—In developing the guide4 lines under this section, the Secretary shall consult

5 with prominent members of the coastal and estua6 rine research, education, and resource stewardship

7 community.

8 ‘‘(d) PROMOTION AND COORDINATION OF ESTUA9 RINE RESEARCH, EDUCATION, AND RESOURCE STEWARD10 SHIP.—

11 ‘‘(1) IN GENERAL.—The Secretary shall take

12 such actions as are necessary to promote and coordi13 nate the use of the System for coastal and estuarine

14 research, education, and resource stewardship pur15 poses.

16 ‘‘(2) REQUIRED ACTIONS.—Actions under this

17 subsection shall include the following:

18 ‘‘(A) Requiring that research, education,

19 and resource stewardship activities adminis20 tered or supported by the Secretary and relat21 ing to coastal and estuarine resources give pri22 ority consideration to activities that use the

23 System.

24 ‘‘(B) Consulting with other Federal and

25 State agencies to promote use of one or more
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1 reserves within the System by such agencies

2 when conducting coastal and estuarine research,

3 education, and resource stewardship activities.

4 ‘‘(C) Establishing partnerships with other

5 Federal and State coastal and estuarine man6 agement programs to coordinate and collaborate

7 on estuarine research, education, and resource

8 stewardship.

9 ‘‘(e) FINANCIAL ASSISTANCE.—

10 ‘‘(1) IN GENERAL.—The Secretary may, in ac11 cordance with such rules and regulations as the Sec12 retary shall promulgate, make grants—

13 ‘‘(A) to a coastal State—

14 ‘‘(i) for purposes of acquiring such

15 lands and waters, and any property inter16 ests therein, as are necessary to ensure the

17 appropriate long-term management of an

18 area as a reserve and constructing appro19 priate reserve facilities;

20 ‘‘(ii) for purposes of operating or

21 managing a reserve; or

22 ‘‘(iii) for purposes of conducting re23 source stewardship, educational, or inter24 pretive activities at a reserve; and
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1 ‘‘(B) to any coastal State or public or pri2 vate person for purposes of—

3 ‘‘(i) supporting research and moni4 toring within a reserve that are consistent

5 with the research guidelines developed

6 under subsection (c); or

7 ‘‘(ii) conducting educational, interpre8 tive, or training activities for a reserve that

9 are consistent with the education guide10 lines developed under subsection (c).

11 ‘‘(2) TERMS AND CONDITIONS.—Financial as12 sistance provided under paragraph (1) shall be sub13 ject to such terms and conditions as the Secretary

14 considers necessary or appropriate to protect the in15 terests of the United States, including requiring

16 coastal States to execute suitable title documents

17 setting forth the property interest or interests of the

18 United States in any lands and waters acquired in

19 whole or part with such financial assistance.

20 ‘‘(3) AMOUNT OF ASSISTANCE.—(A) The

21 amount of the financial assistance provided under

22 paragraph (1)(A)(i) with respect to the acquisition

23 of lands and waters, or interests therein, for any one

24 national estuarine reserve may not exceed an
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1 amount equal to 50 percent of the costs of the lands,

2 waters, and interests therein.

3 ‘‘(B)(i) Except as provided in clause (ii), the

4 amount of the financial assistance provided under

5 paragraph (1)(A)(ii) and paragraph (1)(B) may not

6 exceed 50 percent of the costs incurred to achieve

7 the purposes described in those paragraphs with re8 spect to a reserve.

9 ‘‘(ii) The amount of financial assistance pro10 vided for education and interpretive activities under

11 paragraph (1)(A)(iii) or research and monitoring ac12 tivities under paragraph (1)(B) may be up to 100

13 percent of any costs for activities that service the

14 System as a whole, including System-wide moni15 toring equipment acquisition, data management, and

16 data synthesis, and administration and synthesis of

17 System-wide research programs.

18 ‘‘(C) Notwithstanding subparagraphs (A) and

19 (B), financial assistance under this subsection pro20 vided from amounts recovered as a result of damage

21 to natural resources located in the coastal zone may

22 be used to pay 100 percent of the costs of activities

23 carried out with the assistance.

24 ‘‘(4) DONATIONS.—(A) The Secretary may—
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1 ‘‘(i) enter into cooperative agreements or

2 contracts, with, or make grants to, any non3 profit organization established to benefit a re4 serve, authorizing the organization to solicit do5 nations to carry out projects, other than general

6 administration of the reserve or the System,

7 that are consistent with the purpose of the re8 serve and the System; and

9 ‘‘(ii) accept donations of funds and services

10 for use in carrying out projects, other than gen11 eral administration of a reserve or the System,

12 that are consistent with the purpose of the re13 serve and the System.

14 ‘‘(B) Donations accepted under this paragraph

15 shall be considered as a gift or bequest to or for the

16 use of the United States for carrying out this sec17 tion.

18 ‘‘(f) EVALUATION OF SYSTEM PERFORMANCE.—

19 ‘‘(1) IN GENERAL.—The Secretary shall peri20 odically evaluate the operation and management of

21 each reserve, including coordination with State pro22 grams established under section 306, education and

23 interpretive activities, and the research being con24 ducted within the reserve.
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1 ‘‘(2) SUSPENSION OF FINANCIAL ASSIST2 ANCE.—If evaluation under paragraph (1) reveals

3 that the operation and management of the reserve is

4 deficient, or that the research, education, or resource

5 stewardship being conducted within the reserve is

6 not consistent with the guidelines developed under

7 subsection (c), the Secretary may suspend the eligi8 bility of that reserve for financial assistance under

9 subsection (e) until the deficiency or inconsistency is

10 remedied.

11 ‘‘(3) WITHDRAWAL OF DESIGNATION.—The

12 Secretary may withdraw the designation of an estua13 rine area as a reserve if evaluation under paragraph

14 (1) reveals that—

15 ‘‘(A) the basis for any one or more of the

16 findings made under subsection (b)(2) regard17 ing that area no longer exists; or

18 ‘‘(B) a substantial portion of the research,

19 education, or resource stewardship conducted

20 within the area, over a period of years, has not

21 been consistent with the guidelines developed

22 under subsection (c).

23 ‘‘(g) REPORT.—Every 2 years the Secretary shall re24 port to the Committee on Resources of the House of Rep-
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1 resentatives and the Committee on Commerce, Science,

2 and Transportation of the Senate information regarding—

3 ‘‘(1) the designation of new reserves;

4 ‘‘(2) the expansion of existing reserves;

5 ‘‘(3) the status of the research, education, and

6 resource stewardship program being conducted with7 in the System; and

8 ‘‘(4) a summary of the evaluations made under

9 subsection (f).

10 ‘‘(h) DEFINITIONS.—In this section:

11 ‘‘(1) ESTUARINE AREA.—The term ‘estuarine

12 area’ means a coastal protected area, which may in13 clude any part or all of an estuary and any island,

14 transitional area, and upland in, adjoining, or adja15 cent to the estuary, that constitutes to the extent

16 feasible a natural unit, to provide long-term opportu17 nities for conducting scientific studies and edu18 cational and training programs that improve the un19 derstanding, stewardship, and management of estu20 aries.

21 ‘‘(2) RESERVE.—The term ‘reserve’ means a

22 National Coastal Reserve designated under sub23 section (a)(3) or (b).
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•HR 897 IH

1 ‘‘(3) SYSTEM.—The term ‘System’ means the

2 National Coastal Reserve System established by this

3 Act.’’.

4 SEC. 203. AUTHORIZATION OF APPROPRIATIONS.

5 Section 318(a) of such Act (16 U.S.C. 1464(a)) is

6 amended by striking paragraph (2) and inserting the fol7 lowing:

8 ‘‘(2) for grants under section 315, such sums

9 as may be necessary for fiscal years 2004, 2005, and

10 2006; and

11 ‘‘(3) for grants for construction projects at re12 serves designated under section 315 and land acqui13 sition directly related to such construction, such

14 sums as may be necessary for each of fiscal years

15 2002, 2003, 2004, 2005, and 2006.’’.

16 SEC. 204. CONFORMING AMENDMENT.

17 Section 304(8) of such Act (16 U.S.C. 1453(8)) is

18 amended to read as follows:

19 ‘‘(8) The terms ‘national coastal reserve’ and ‘re20 serve’ mean an area that is designated as a national coast21 al reserve under section 315.’’.

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