I 

110TH CONGRESS 

2D SESSION H. R. 5452 

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

to coastal States to support State efforts to initiate and complete surveys 

of coastal State waters and Federal waters adjacent to a State’s coastal 

zone to identify potential areas suitable or unsuitable for the exploration, 

development, and production of renewable energy, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 14, 2008 

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

FARR, Mr. HINCHEY, Mr. FALEOMAVAEGA, and Ms. MATSUI) 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 grants to coastal States to support State efforts to initiate and complete surveys of coastal State 

waters and Federal waters adjacent to a State’s coastal 

zone to identify potential areas suitable or unsuitable 

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 of 2008’’. 

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 wa16 ters adjacent to a State’s coastal zone, in consultation 

17 with the Minerals Management Service, to identify poten18 tial areas suitable or unsuitable for the exploration, devel19 opment, and production of renewable energy that are con20 sistent with the enforceable policies of coastal manage21 ment 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) GUIDELINES.—The Secretary shall, within 180 

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

3 consultation with the coastal States, publish guidelines for 

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

5 ‘‘(e) ANNUAL GRANTS.—For each of fiscal years 

6 2009 through 2012, the Secretary may make a grant to 

7 a coastal State under this section if the coastal State dem8 onstrates to the satisfaction of the Secretary that the 

9 grant will be used to develop a renewable energy survey 

10 consistent with the requirements set forth in this section. 

11 ‘‘(f) GRANT AMOUNTS.—The amount of any grant 

12 under this section shall not exceed $750,000 for any fiscal 

13 year. 

14 ‘‘(g) STATE MATCH.— 

15 ‘‘(1) BEFORE FISCAL YEAR 2011.—The Sec16 retary shall not require any State matching fund 

17 contribution for grants awarded under this section 

18 for any fiscal year before fiscal year 2011. 

19 ‘‘(2) AFTER FISCAL YEAR 2011.—The Secretary 

20 shall require a coastal State to provide a matching 

21 fund contribution for a grant under this section for 

22 surveys of a State’s coastal waters, according to— 

23 ‘‘(A) a 2-to-1 ratio of Federal-to-State con24 tributions for fiscal year 2011; and 

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

2 contributions for fiscal year 2012. 

3 ‘‘(3) LIMITATION.—The Secretary shall not re4 quire any matching funds for surveys of Federal wa5 ters adjacent to a State’s coastal zone. 

6 ‘‘(h) SECRETARIAL REVIEW.—After an initial grant 

7 is made to a coastal State under this section, no subse8 quent grant may be made to that coastal State under this 

9 section unless the Secretary finds that the coastal State 

10 is satisfactorily developing its survey. 

11 ‘‘(i) LIMITATION ON ELIGIBILITY.—No coastal State 

12 is eligible to receive grants under this section for more 

13 than 3 fiscal years. 

14 ‘‘(j) APPLICABILITY.—This section and the surveys 

15 conducted with assistance under this section shall not be 

16 construed to convey any new authority to any coastal 

17 State, or repeal or supersede any existing authority of any 

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

19 or permitting of renewable energy facilities in areas of the 

20 outer Continental Shelf under the administration of the 

21 Federal Government. Nothing in this section repeals or 

22 supersedes any existing coastal State authority pursuant 

23 to State or Federal law. 

24 ‘‘(k) PRIORITY.—Any area that is identified as suit25 able for potential renewable energy development under 

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1 surveys developed with assistance under this section shall 

2 be given priority consideration by Federal agencies for the 

3 siting, licensing, leasing, or permitting of renewable en4 ergy facilities. Any area that is identified as unsuitable 

5 under surveys developed with assistance under this section 

6 shall be avoided by Federal agencies to the maximum ex7 tent practicable. 

8 ‘‘(l) ASSISTANCE BY THE SECRETARY.—The Sec9 retary shall— 

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

11 practicable, make available to coastal States the re12 sources and capabilities of the National Oceanic and 

13 Atmospheric Administration to provide technical as14 sistance to the coastal States to develop surveys 

15 under this section; and 

16 ‘‘(2) encourage other Federal agencies with rel17 evant expertise to participate in providing technical 

18 assistance under this subsection. 

19 ‘‘(m) RENEWABLE ENERGY DEFINED.—In this sec20 tion the term ‘renewable energy’ means wind, wave, cur21 rent, tidal, or ocean thermal energy.’’. 

22 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 

23 318(a) of the Coastal Zone Management Act of 1972 (16 

24 U.S.C. 1464) is amended— 

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

2 the semicolon; 

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

4 the end and inserting a semicolon; and 

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

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

7 as are necessary; and’’. 

Æ 

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