II 

110TH CONGRESS 

1ST SESSION S. 1579 

To amend the Coastal Zone Management Act. 

IN THE SENATE OF THE UNITED STATES 

JUNE 7, 2007 

Ms. SNOWE (for herself, Ms. CANTWELL, and Mr. LEVIN) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation 

A BILL 

To amend the Coastal Zone Management Act. 

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; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Coastal Zone Enhancement Reauthorization Act of 

6 2007’’. 

7 (b) TABLE OF CONTENTS.—The table of contents for 

8 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Amendment of Coastal Zone Management Act of 1972. 

Sec. 3. Findings. 

Sec. 4. Policy. 

Sec. 5. Changes in definitions. 

Sec. 6. Reauthorization of management program development grants. 


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Sec. 7. Administrative grants. 

Sec. 8. Coastal resource improvement program. 

Sec. 9. Certain Federal agency activities. 

Sec. 10. Coastal zone management fund. 

Sec. 11. Coastal zone enhancement grants. 

Sec. 12. Coastal community program. 

Sec. 13. Technical assistance; resources assessments; information systems. 

Sec. 14. Performance review. 

Sec. 15. Walter B. Jones awards. 

Sec. 16. National Estuarine Research Reserve System. 

Sec. 17. Coastal zone management reports. 

Sec. 18. Authorization of appropriations. 

Sec. 19. Deadline for decision on appeals of consistency determination. 

Sec. 20. Effects of climate change on coastal zone management. 

Sec. 21. Coordination with Federal Energy Regulatory Commission. 

1 SEC. 2. AMENDMENT OF COASTAL ZONE MANAGEMENT ACT 

2 OF 1972. 

3 Except as otherwise expressly provided, whenever in 

4 this Act an amendment or repeal is expressed in terms 

5 of an amendment to, or repeal of, a section or other provi6 sion, the reference shall be considered to be made to a 

7 section or other provision of the Coastal Zone Manage8 ment Act of 1972 (16 U.S.C. 1451 et seq.). 

9 SEC. 3. FINDINGS. 

10 Section 302 (16 U.S.C. 1451) is amended— 

11 (1) by redesignating paragraphs (a) through 

12 (m) as paragraphs (1) through (13); 

13 (2) by inserting ‘‘ports,’’ in paragraph (3) (as 

14 so redesignated) after ‘‘fossil fuels,’’; 

15 (3) by inserting ‘‘including coastal waters and 

16 wetlands,’’ in paragraph (4) (as so redesignated) 

17 after ‘‘zone,’’; 


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1 (4) by striking ‘‘therein,’’ in paragraph (4) (as 

2 so redesignated) and inserting ‘‘dependent on that 

3 habitat,’’; 

4 (5) by striking ‘‘well-being’’ in paragraph (5) 

5 (as so redesignated) and inserting ‘‘quality of life’’; 

6 (6) by inserting ‘‘integrated plans and strate7 gies,’’ after ‘‘including’’ in paragraph (9) (as so re8 designated); 

9 (7) by striking paragraph (11) (as so redesig10 nated) and inserting the following: 

11 ‘‘(11) Land and water uses in the coastal zone 

12 and coastal watersheds may significantly affect the 

13 quality of coastal waters and habitats, and efforts to 

14 control coastal water pollution from activities in 

15 these areas must be improved.’’; and 

16 (8) by adding at the end thereof the following: 

17 ‘‘(14) There is a need to enhance cooperation 

18 and coordination among states and local commu19 nities, to encourage local community-based solutions 

20 that address the impacts and pressures on coastal 

21 resources and on public facilities and public service 

22 caused by continued coastal demands, and to in23 crease state and local capacity to identify public in24 frastructure and open space needs and develop and 

25 implement plans which provide for sustainable 


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1 growth, resource protection and community revital2 ization. 

3 ‘‘(15) The establishment of a national system of 

4 estuarine research reserves will provide for protec5 tion of essential estuarine resources, as well as for 

6 a network of State-based reserves that will serve as 

7 sites for coastal stewardship best-practices, moni8 toring, research, education, and training to improve 

9 coastal management and to help translate science 

10 and inform coastal decisionmakers and the public.’’. 

11 SEC. 4. POLICY. 

12 Section 303 (16 U.S.C. 1452) is amended— 

13 (1) by striking ‘‘the states’’ in paragraph (2) 

14 and inserting ‘‘state and local governments’’; 

15 (2) by striking ‘‘programs’’ the first place it ap16 pears in paragraph (2) and inserting ‘‘programs, 

17 plans, and strategies’’; 

18 (3) by striking ‘‘waters,’’ each place it appears 

19 in paragraph (2)(C) and inserting ‘‘waters and habi20 tats,’’; 

21 (4) by striking ‘‘agencies and state and wildlife 

22 agencies; and’’ in paragraph (2)(J) and inserting 

23 ‘‘and wildlife management, and’’; 


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1 (5) by striking ‘‘specificity’’ in paragraph (3) 

2 and inserting ‘‘specificity, cooperation, coordination, 

3 and effectiveness’’; 

4 (6) by inserting ‘‘other countries,’’ after ‘‘agen5 cies,’’ in paragraph (5); 

6 (7) by striking ‘‘and’’ at the end of paragraph 

7 (5); 

8 (8) by striking ‘‘zone.’’ in paragraph (6) and in9 serting ‘‘zone;’’; and 

10 (9) by adding at the end thereof the following: 

11 ‘‘(7) to create and use a National Estuarine 

12 Research Reserve System as a Federal, State, and 

13 community partnership to support and enhance 

14 coastal management and stewardship through State15 based conservation, monitoring, research, education, 

16 outreach, and training; and 

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

18 training, technical assistance, and transfer of inno19 vative coastal management practices and coastal and 

20 estuarine environmental technologies and techniques 

21 to improve understanding and management decision22 making for the long-term conservation of coastal 

23 ecosystems.’’. 

24 SEC. 5. CHANGES IN DEFINITIONS. 

25 Section 304 (16 U.S.C. 1453) is amended— 


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1 (1) by striking ‘‘and the Trust Territories of 

2 the Pacific Islands,’’ in paragraph (4); 

3 (2) in paragraph (6)(B)— 

4 (A) by inserting ‘‘(ix) use or reuse of facili5 ties authorized under the Outer Continental 

6 Shelf Lands Act (43 U.S.C. 1331 et seq.) for 

7 energy-related purposes or other authorized ma8 rine related purposes;’’ after ‘‘transmission fa9 cilities;’’; and 

10 (B) by striking ‘‘and (ix)’’ and inserting 

11 ‘‘and (x); 

12 (3) by striking paragraph (8) and inserting the 

13 following: 

14 ‘‘(8) The terms ‘estuarine reserve’ and ‘estua15 rine research reserve’ mean a coastal protected area 

16 that— 

17 ‘‘(A) may include any part or all of an es18 tuary and any island, transitional area, and up19 land in, adjoining, or adjacent to the estuary; 

20 ‘‘(B) constitutes to the extent feasible a 

21 natural unit; and 

22 ‘‘(C) is established to provide long-term 

23 opportunities for conducting scientific studies 

24 and monitoring and educational and training 

25 programs that improve the understanding, 


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1 stewardship, and management of estuaries and 

2 improve coastal decisionmaking.’’; 

3 (4) by inserting ‘‘plans, strategies,’’ after ‘‘poli4 cies,’’ in paragraph (12); 

5 (5) in paragraph (13)— 

6 (A) by inserting ‘‘or alternative energy 

7 sources on or’’ after ‘‘natural gas’’; 

8 (B) by striking ‘‘new or expanded’’ and in9 serting ‘‘new, reused, or expanded’’; and 

10 (C) by striking ‘‘or production.’’ and in11 serting ‘‘production, or other energy related 

12 purposes.’’; 

13 (6) by striking ‘‘policies; standards’’ in para14 graph (17) and inserting ‘‘policies, standards, incen15 tives, guidelines,’’; and 

16 (7) by adding at the end the following: 

17 ‘‘(19) The term ‘coastal nonpoint pollution con18 trol strategies and measures’ means strategies and 

19 measures included as part of the coastal nonpoint 

20 pollution control program under section 6217 of the 

21 Coastal Zone Act Reauthorization Amendments of 

22 1990 (16 U.S.C. 1455b). 

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

24 ‘‘(A) any local government; 


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

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

3 and Metropolitan Development Act of 1966 (42 

4 U.S.C. 3334 (a)(1)); 

5 ‘‘(C) any regional agency; 

6 ‘‘(D) any interstate agency; 

7 ‘‘(E) any nonprofit organization; or 

8 ‘‘(F) any reserve established under section 

9 315.’’. 

10 SEC. 6. REAUTHORIZATION OF MANAGEMENT PROGRAM 

11 DEVELOPMENT GRANTS. 

12 Section 305 (16 U.S.C. 1454) is amended to read as 

13 follows: 

14 ‘‘SEC. 305. MANAGEMENT PROGRAM DEVELOPMENT 

15 GRANTS. 

16 ‘‘(a) STATES WITHOUT PROGRAMS.—In fiscal years 

17 2008 and 2009, the Secretary may make a grant annually 

18 to any coastal state without an approved program if the 

19 coastal state demonstrates to the satisfaction of the Sec20 retary that the grant will be used to develop a manage21 ment program consistent with the requirements set forth 

22 in section 306. The amount of any such grant shall not 

23 exceed $200,000 in any fiscal year, and shall require State 

24 matching funds according to a 4-to-1 ratio of Federal-to25 State contributions. After an initial grant is made to a 


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1 coastal state under this subsection, no subsequent grant 

2 may be made to that coastal state under this subsection 

3 unless the Secretary finds that the coastal state is satis4 factorily developing its management program. No coastal 

5 state is eligible to receive more than 4 grants under this 

6 subsection. 

7 ‘‘(b) SUBMITTAL OF PROGRAM FOR APPROVAL.—A 

8 coastal state that has completed the development of its 

9 management program shall submit the program to the 

10 Secretary for review and approval under section 306.’’. 

11 SEC. 7. ADMINISTRATIVE GRANTS. 

12 (a) PURPOSES.—Section 306(a) (16 U.S.C. 1455(a)) 

13 is amended by striking ‘‘administering that State’s man14 agement program,’’ and inserting ‘‘administering and im15 plementing that State’s management program and any 

16 plans, projects, or activities developed pursuant to such 

17 program, including developing and implementing applica18 ble coastal nonpoint pollution control program compo19 nents,’’. 

20 (b) EQUITABLE ALLOCATION OF FUNDING.—Section 

21 306(c) (16 U.S.C. 1455(c)) is amended by adding at the 

22 end thereof ‘‘In promoting equity, the Secretary shall con23 sider the overall change in grant funding under this sec24 tion from the preceding fiscal year and minimize the rel25 ative increases or decreases among all the eligible States. 


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1 To the extent practicable, the Secretary shall ensure that 

2 each eligible State receives increased funding under this 

3 section in any fiscal year for which the total amount ap4 propriated to carry out this section is greater than the 

5 total amount appropriated to carry out this section for the 

6 preceding fiscal year. 

7 (c) ACQUISITION CRITERIA.—Section 306(d)(10)(B) 

8 (16 U.S.C. 1455(d)(10)(B)) is amended by striking ‘‘less 

9 than fee simple’’ and inserting ‘‘other’’. 

10 (d) CONFORMING AMENDMENT.—Section 

11 306(d)(13)(B) (16 U.S.C. 1455(d)(13)(B)) is amended by 

12 inserting ‘‘policies, plans, strategies,’’ after ‘‘specific’’. 

13 SEC. 8. COASTAL RESOURCE IMPROVEMENT PROGRAM. 

14 Section 306A (16 U.S.C. 1455a) is amended— 

15 (1) by inserting ‘‘or other important coastal 

16 habitats’’ in subsection (b)(1)(A) after ‘‘306(d)(9)’’; 

17 (2) by inserting ‘‘or historic’’ in subsection 

18 (b)(2) after ‘‘urban’’; 

19 (3) by adding at the end of subsection (b) the 

20 following: 

21 ‘‘(5) The coordination and implementation of 

22 approved coastal nonpoint pollution control plans, 

23 strategies, and measures. 

24 ‘‘(6) The preservation, restoration, enhance25 ment or creation of coastal habitats.’’; 


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1 (4) by inserting ‘‘planning,’’ before ‘‘engineer2 ing’’ in subsection (c)(2)(D); 

3 (5) by striking ‘‘and’’ after the semicolon in 

4 subsection (c)(2)(D); 

5 (6) by striking ‘‘section.’’ in subsection 

6 (c)(2)(E) and inserting ‘‘section;’’; 

7 (7) by adding at the end of subsection (c)(2) 

8 the following: 

9 ‘‘(F) work, resources, or technical support 

10 necessary to preserve, restore, enhance, or cre11 ate coastal habitats; and 

12 ‘‘(G) the coordination and implementation 

13 of approved coastal nonpoint pollution control 

14 plans, strategies, measures.’’; and 

15 (8) by striking subsections (d), (e), and (f) and 

16 inserting after subsection (c) the following: 

17 ‘‘(d) SOURCE OF FEDERAL GRANTS; STATE MATCH18 ING CONTRIBUTIONS.— 

19 ‘‘(1) IN GENERAL.—If a coastal state chooses 

20 to fund a project under this section, then— 

21 ‘‘(A) it shall submit to the Secretary a 

22 combined application for grants under this sec23 tion and section 306; 


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1 ‘‘(B) it shall match the combined amount 

2 of such grants in the ratio required by section 

3 306(a) for grants under that section; and 

4 ‘‘(C) the Federal funding for the project 

5 shall be a portion of that state’s annual alloca6 tion under section 306(a). 

7 ‘‘(2) USE OFFUNDS.—Grants provided under 

8 this section may be used to pay a coastal state’s 

9 share of costs required under any other Federal pro10 gram that is consistent with the purposes of this 

11 section. 

12 ‘‘(e) ALLOCATION OF GRANTS TO QUALIFIED LOCAL

13 ENTITY.—With the approval of the Secretary, the eligible 

14 coastal state may allocate to a qualified local entity a por15 tion of any grant made under this section for the purpose 

16 of carrying out this section; except that such an allocation 

17 shall not relieve that state of the responsibility for ensur18 ing that any funds so allocated are applied in furtherance 

19 of the state’s approved management program and con20 sistent with the policies of this Act. 

21 ‘‘(f) ASSISTANCE.—The Secretary shall assist eligible 

22 coastal states in identifying and obtaining from other Fed23 eral agencies technical and financial assistance in achiev24 ing the objectives set forth in subsection (b).’’. 


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1 SEC. 9. CERTAIN FEDERAL AGENCY ACTIVITIES. 

2 Section 307(c)(1) (16 U.S.C. 1456(c)(1)) is amended 

3 by adding at the end the following: 

4 ‘‘(D) The provisions of paragraph (1)(A), 

5 and implementing regulations thereunder, with 

6 respect to a Federal agency activity inland of 

7 the coastal zone of the State of Alaska, apply 

8 only if the activity directly and significantly af9 fects a land or water use or a natural resource 

10 of the Alaskan coastal zone.’’. 

11 SEC. 10. COASTAL ZONE MANAGEMENT FUND. 

12 (a) TREATMENT OF LOAN REPAYMENTS.—Section 

13 308(a)(2) (16 U.S.C. 1456a(a)(2)) is amended to read as 

14 follows: 

15 ‘‘(2) Loan repayments made under this sub16 section shall be retained by the Secretary and depos17 ited into the Coastal Zone Management Fund estab18 lished under subsection (b) and shall be made avail19 able to the States for grants as under subsection 

20 (b)(2).’’. 

21 (b) USE OF AMOUNTS IN FUND.—Section 308(b) (16 

22 U.S.C. 1456a(b)) is amended by striking paragraphs (2) 

23 and (3) and inserting the following: 

24 ‘‘(2) Subject to appropriation Acts, amounts in 

25 the Fund shall be available to the Secretary to make 

26 grants to the States for— 


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1 ‘‘(A) projects to address coastal and ocean 

2 management issues which are regional in scope, 

3 including intrastate and interstate projects; and 

4 ‘‘(B) projects that have high potential for 

5 improving coastal zone and watershed manage6 ment. 

7 ‘‘(3) Projects funded under this subsection shall 

8 apply an integrated, watershed-based management 

9 approach and advance the purpose of this Act to 

10 preserve, protect, develop, and where possible, to re11 store or enhance, the resources of the Nation’s 

12 coastal zone for this and succeeding generations.’’. 

13 SEC. 11. COASTAL ZONE ENHANCEMENT GRANTS. 

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

15 (1) by striking subsection (a)(1) and inserting 

16 the following: 

17 ‘‘(1) Protection, restoration, enhancement, or 

18 creation of coastal habitats, including wetlands, 

19 coral reefs, marshes, and barrier islands.’’; 

20 (2) by inserting ‘‘and removal’’ after ‘‘entry’’ in 

21 subsection (a)(4); 

22 (3) by striking ‘‘on various individual uses or 

23 activities on resources, such as coastal wetlands and 

24 fishery resources.’’ in subsection (a)(5) and inserting 

25 ‘‘of various individual uses or activities on coastal 


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1 waters, habitats, and resources, including sources of 

2 polluted runoff.’’; 

3 (4) by adding at the end of subsection (a) the 

4 following: 

5 ‘‘(10) Development and enhancement of coastal 

6 nonpoint pollution control program components, 

7 strategies, and measures, including the satisfaction 

8 of conditions placed on such programs as part of the 

9 Secretary’s approval of the programs. 

10 ‘‘(11) Significant emerging coastal issues as 

11 identified by coastal states, in consultation with the 

12 Secretary and qualified local entities.’’; 

13 (5) by striking ‘‘changes’’ in subsection 

14 (b)(2)(A) and inserting ‘‘changes, or for projects 

15 that demonstrate significant potential for improving 

16 ocean resource management or integrated coastal 

17 and watershed management at the local, state, or re18 gional level,’’; 

19 (6) by striking ‘‘proposals, taking into account 

20 the criteria established by the Secretary under sub21 section (d).’’ in subsection (c) and inserting ‘‘pro22 posals.’’; 

23 (7) by striking subsection (d) and redesignating 

24 subsections (e), (f), and (g) as subsections (d), (e), 

25 and (f), respectively; and 


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1 (8) by striking ‘‘in implementing this section, 

2 up to a maximum of $10,000,000 annually.’’ in sub3 section (e), as redesignated, and inserting ‘‘for 

4 grants to the States.’’. 

5 SEC. 12. COASTAL COMMUNITY PROGRAM. 

6 The Act is amended by inserting after section 309 

7 the following: 

8 ‘‘SEC. 309A. COASTAL COMMUNITY PROGRAM. 

9 ‘‘(a) COASTAL COMMUNITY GRANTS.—The Secretary 

10 may make grants to any coastal state that is eligible under 

11 subsection (b)— 

12 ‘‘(1) to assist coastal communities in assessing 

13 and managing growth, public infrastructure, and 

14 open space needs in order to provide for sustainable 

15 growth, resource protection and community revital16 ization; 

17 ‘‘(2) to provide management-oriented research 

18 and technical assistance in developing and imple19 menting community-based growth management and 

20 resource protection strategies in qualified local enti21 ties as long as such strategies are consistent with 

22 the policies of this Act; 

23 ‘‘(3) to fund demonstration projects which have 

24 high potential for improving coastal zone manage25 ment at the local level; 


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1 ‘‘(4) to assist in the adoption of plans, strate2 gies, policies, or procedures to support local commu3 nity-based environmentally-protective solutions to 

4 the impacts and pressures on coastal uses and re5 sources caused by development and sprawl that 

6 will— 

7 ‘‘(A) revitalize previously developed areas; 

8 ‘‘(B) undertake conservation activities and 

9 projects in undeveloped and environmentally 

10 sensitive areas; 

11 ‘‘(C) emphasize water-dependent uses; and 

12 ‘‘(D) protect coastal waters and habitats; 

13 and 

14 ‘‘(5) to assist coastal communities to coordinate 

15 and implement approved coastal nonpoint pollution 

16 control strategies and measures that reduce the 

17 causes and impacts of polluted runoff on coastal wa18 ters and habitats.’’. 

19 ‘‘(b) ELIGIBILITY.—To be eligible for a grant under 

20 this section for a fiscal year, a coastal state shall— 

21 ‘‘(1) have a management program approved 

22 under section 306; and 

23 ‘‘(2) in the judgment of the Secretary, be mak24 ing satisfactory progress in activities designed to re25 sult in significant improvement in achieving the 


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1 coastal management objectives specified in subpara2 graphs (A) through (K) of section 303(2). 

3 ‘‘(c) ALLOCATIONS; SOURCE OF FEDERAL GRANTS; 

4 STATE MATCHING CONTRIBUTIONS.— 

5 ‘‘(1) ALLOCATION.—Grants under this section 

6 shall be allocated to coastal states as provided in 

7 section 306(c). 

8 ‘‘(2) APPLICATION; MATCHING.—If a coastal 

9 state chooses to fund a project under this section, 

10 then— 

11 ‘‘(A) it shall submit to the Secretary a 

12 combined application for grants under this sec13 tion and section 306; and 

14 ‘‘(B) it shall match the amount of the 

15 grant under this section on the basis of a total 

16 contribution of section 306, 306A, and this sec17 tion so that, in aggregate, the match is 1:1. 

18 ‘‘(d) ALLOCATION OF GRANTS TO QUALIFIED LOCAL

19 ENTITY.— 

20 ‘‘(1) IN GENERAL.—With the approval of the 

21 Secretary, the eligible coastal state may allocate to 

22 a qualified local entity amounts received by the state 

23 under this section. 

24 ‘‘(2) ASSURANCES.—A coastal state shall en25 sure that amounts allocated by the state under paraVerDate Aug 31 2005 22:57 Jun 08, 2007 Jkt 059200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\S1579.IS S1579

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1 graph (1) are used by the qualified local entity in 

2 furtherance of the state’s approved management 

3 program, specifically furtherance of the coastal man4 agement objectives specified in section 303(2) and 

5 the policies of this Act. 

6 ‘‘(e) ASSISTANCE.—The Secretary shall assist eligible 

7 coastal states and qualified local entities in identifying and 

8 obtaining from other Federal agencies technical and finan9 cial assistance in achieving the objectives set forth in sub10 section (a).’’. 

11 SEC. 13. TECHNICAL ASSISTANCE; RESOURCES ASSESS12 MENTS; INFORMATION SYSTEMS. 

13 (a) IN GENERAL.—Section 310 (16 U.S.C. 1456c) is 

14 amended— 

15 (1) by inserting ‘‘(1)’’ before ‘‘The Secretary’’ 

16 in subsection (a); 

17 (2) by striking ‘‘assistance’’ in the first sen18 tence in subsection (a) and inserting ‘‘assistance, 

19 technology and methodology development, training 

20 and information transfer, resources assessment,’’; 

21 (3) by resetting the second and third sentences 

22 in subsection (a) as a new paragraph and inserting 

23 ‘‘(2)’’ before ‘‘Each’’; 


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1 (4) by striking ‘‘and research activities’’ in sub2 section (b)(1) and inserting ‘‘research activities, and 

3 other support services and activities’’; 

4 (5) by adding at the end of subsection (b)(1) 

5 the following: ‘‘The Secretary may conduct a pro6 gram to develop and apply innovative coastal and es7 tuarine environmental technology and methodology 

8 through a cooperative program, and to support the 

9 development, application, training and technical as10 sistance, and transfer of effective coastal manage11 ment practices. The Secretary may make extramural 

12 grants in carrying out the purpose of this sub13 section.’’; 

14 (6) by adding at the end of subsection (b)(3) 

15 the following: ‘‘The Secretary shall establish regional 

16 advisory committees including representatives of the 

17 Governors of each state within the region, univer18 sities, colleges, coastal and marine laboratories, Sea 

19 Grant College programs within the region and rep20 resentatives from the private and public sector with 

21 relevant expertise. The Secretary will report to the 

22 regional advisory committees on activities under23 taken by the Secretary and other agencies pursuant 

24 to this section, and the regional advisory committees 

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1 formation needs and priorities. The regional advisory 

2 committees are not subject to the requirements of 

3 the Federal Advisory Committee Act (5 U.S.C. 

4 App.).’’; and 

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

6 ‘‘(c)(1) The Secretary shall consult with the regional 

7 advisory committees concerning the development of a 

8 coastal resources assessment and information program to 

9 support development and maintenance of integrated coast10 al resource assessments of state natural, cultural and eco11 nomic attributes, and coastal information programs for 

12 the collection and dissemination of data and information, 

13 product development, and outreach based on the needs 

14 and priorities of coastal and ocean managers and user 

15 groups. 

16 ‘‘(2) The Secretary shall assist coastal states in iden17 tifying and obtaining financial and technical assistance 

18 from other Federal agencies and may make grants to 

19 states in carrying out the purpose of this section and to 

20 provide ongoing support for state resource assessment and 

21 information programs.’’. 

22 (b) CONFORMING AMENDMENT.—The section head23 ing for section 310 (16 U.S.C. 1456c) is amended to read 

24 as follows: 


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1 ‘‘SEC. 310. TECHNICAL ASSISTANCE, RESOURCES ASSESS2 MENTS, AND INFORMATION SYSTEMS. 

3 SEC. 14. PERFORMANCE REVIEW. 

4 Section 312(a) (16 U.S.C. 1458(a)) is amended— 

5 (1) by striking ‘‘continuing review of the per6 formance’’ and inserting ‘‘periodic review, no less 

7 frequently than every 5 years, of the administration, 

8 implementation, and performance’’; 

9 (2) by striking ‘‘management.’’ and inserting 

10 ‘‘management programs.’’; 

11 (3) by striking ‘‘has implemented and enforced’’ 

12 and inserting ‘‘has effectively administered, imple13 mented, and enforced’’; 

14 (4) by striking ‘‘addressed the coastal manage15 ment needs identified’’ and inserting ‘‘furthered the 

16 national coastal policies and objectives set forth’’; 

17 and 

18 (5) by inserting ‘‘coordinated with National Es19 tuarine Research Reserves in the state,’’ after 

20 ‘‘303(2)(A) through (K),’’. 

21 SEC. 15. WALTER B. JONES AWARDS. 

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

23 (1) by striking ‘‘shall, using sums in the Coast24 al Zone Management Fund established under section 

25 308’’ in subsection (a) and inserting ‘‘may, using 

26 sums available under this Act’’; 


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1 (2) by striking ‘‘field.’’ in subsection (a) and in2 serting the following: ‘‘field of coastal zone manage3 ment. These awards, to be known as the ‘Walter B. 

4 Jones Awards’, may include— 

5 ‘‘(1) cash awards in an amount not to exceed 

6 $5,000 each; 

7 ‘‘(2) research grants; and 

8 ‘‘(3) public ceremonies to acknowledge such 

9 awards.’’; 

10 (3) by striking ‘‘shall elect annually—’’ in sub11 section (b) and inserting ‘‘may select annually if 

12 funds are available under subsection (a)—’’; and 

13 (4) by striking subsection (e). 

14 SEC. 16. NATIONAL ESTUARINE RESEARCH RESERVE SYS15 TEM. 

16 (a) Section 315(a) (16 U.S.C. 1461(a)) is amended 

17 by striking ‘‘consists of—’’ and inserting ‘‘is a network 

18 of areas protected by Federal, state, and community part19 nerships which promotes informed management of the Na20 tion’s estuarine and coastal areas through interconnected 

21 programs in resource stewardship, education and training, 

22 monitoring, research, and scientific understanding con23 sisting of—’’. 

24 (b) Section 315(b)(2) ((16 U.S.C. 1461(b)(2)) is 

25 amended— 


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1 (1) by inserting ‘‘for each coastal state or terri2 tory’’ after ‘‘research’’ in subparagraph (A); 

3 (2) by striking ‘‘public awareness and’’ in sub4 paragraph (C) and inserting ‘‘state coastal manage5 ment, public awareness, and’’; and 

6 (3) by striking ‘‘public education and interpre7 tation; and’’; in subparagraph (C) and inserting 

8 ‘‘education, interpretation, training, and demonstra9 tion projects; and’’. 

10 (c) Section 315(c) (16 U.S.C. 1461(c)) is amended— 

11 (1) by striking ‘‘RESEARCH’’ in the subsection 

12 caption and inserting ‘‘RESEARCH, EDUCATION, AND

13 RESOURCE STEWARDSHIP’’; 

14 (2) by striking ‘‘conduct of research’’ and in15 serting ‘‘conduct of research, education, and re16 source stewardship’’; 

17 (3) by striking ‘‘coordinated research’’ in para18 graph (1)) and inserting ‘‘coordinated research, edu19 cation, and resource stewardship’’; 

20 (4) by striking ‘‘research’’ after ‘‘common’’ in 

21 paragraph (2); 

22 (5) by striking ‘‘research programs’’ in para23 graph (2) and inserting ‘‘research, education, and 

24 resource stewardship programs’’; 


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•S 1579 IS 

1 (6) by striking ‘‘research’’ after ‘‘uniform’’ in 

2 paragraph (3); 

3 (7) by striking ‘‘data,’’ in paragraph (3) and in4 serting ‘‘information,’’; 

5 (8) by striking ‘‘research’’ after ‘‘application 

6 of’’ in paragraph (3); 

7 (9) by striking ‘‘research purposes;’’ in para8 graph (3) and inserting ‘‘research, education, and 

9 resource stewardship purposes;’’; 

10 (10) by striking ‘‘research efforts’’ in para11 graph (4) and inserting ‘‘research, education, and 

12 resource stewardship efforts’’; 

13 (11) by striking ‘‘research’’ in paragraph (5) 

14 and inserting ‘‘research, education, and resource 

15 stewardship’’; and 

16 (12) by striking ‘‘research’’ in the last sentence. 

17 (d) Section 315(d) (16 U.S.C. 1461(d)) is amend18 ed— 

19 (1) by striking ‘‘ESTUARINE RESEARCH.—’’ in 

20 the subsection caption and inserting ‘‘ESTUARINE

21 RESEARCH, EDUCATION, AND RESOURCE STEWARD22 SHIP.—’’; 

23 (2) by striking ‘‘research purposes’’ and insert24 ing ‘‘research, education, and resource stewardship 

25 purposes’’; 


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1 (3) by striking paragraph (1) and inserting the 

2 following: 

3 ‘‘(1) giving reasonable priority to research, edu4 cation, and stewardship activities that use the Sys5 tem in conducting or supporting activities relating to 

6 estuaries;’’; 

7 (4) by striking ‘‘research.’’ in paragraph (2) 

8 and inserting ‘‘research, education, and resource 

9 stewardship activities; and’’; and 

10 (5) by adding at the end thereof the following: 

11 ‘‘(3) establishing partnerships with other Fed12 eral and state estuarine management programs to 

13 coordinate and collaborate on estuarine research.’’. 

14 (e) Section 315(e) (16 U.S.C. 1461(e)) is amended— 

15 (1) by striking ‘‘reserve,’’ in paragraph 

16 (1)(A)(i) and inserting ‘‘reserve; and’’; 

17 (2) by striking ‘‘and constructing appropriate 

18 reserve facilities, or’’ in paragraph (1)(A)(ii) and in19 serting ‘‘including resource stewardship activities 

20 and constructing reserve facilities; and’’; 

21 (3) by striking paragraph (1)(A)(iii); 

22 (4) by striking paragraph (1)(B) and inserting 

23 the following: 

24 ‘‘(B) to any coastal state or public or pri25 vate person for purposes of— 


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•S 1579 IS 

1 ‘‘(i) supporting research and moni2 toring associated with a national estuarine 

3 reserve that are consistent with the re4 search guidelines developed under sub5 section (c); or 

6 ‘‘(ii) conducting educational, interpre7 tive, or training activities for a national es8 tuarine reserve that are consistent with the 

9 education guidelines developed under sub10 section (c).’’; 

11 (5) by striking ‘‘therein or $5,000,000, which12 ever amount is less.’’ in paragraph (3)(A) and in13 serting ‘‘therein. Non-Federal costs associated with 

14 the purchase of any lands and waters, or interests 

15 therein, which are incorporated into the boundaries 

16 of a reserve up to 5 years after the costs are in17 curred, may be used to match the Federal share.’’; 

18 (6) by striking ‘‘and (iii)’’ in paragraph (3)(B); 

19 (7) by striking ‘‘paragraph (1)(A)(iii)’’ in para20 graph (3)(B) and inserting ‘‘paragraph (1)(B)’’; 

21 (8) by striking ‘‘entire System.’’ in paragraph 

22 (3)(B) and inserting ‘‘System as a whole.’’; and 

23 (9) by adding at the end thereof the following: 

24 ‘‘(4) The Secretary may— 


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•S 1579 IS 

1 ‘‘(A) enter into cooperative agreements, fi2 nancial agreements, grants, contracts, or other 

3 agreements with any nonprofit organization, au4 thorizing the organization to solicit donations to 

5 carry out the purposes and policies of this sec6 tion, other than general administration of re7 serves or the System and which are consistent 

8 with the purposes and policies of this section; 

9 and 

10 ‘‘(B) accept donations of funds and serv11 ices for use in carrying out the purposes and 

12 policies of this section, other than general ad13 ministration of reserves or the System and 

14 which are consistent with the purposes and poli15 cies of this section. 

16 Donations accepted under this section shall be con17 sidered as a gift or bequest to or for the use of the 

18 United States for the purpose of carrying out this 

19 section.’’. 

20 (f) Section 315(f)(1) (16 U.S.C. 1461(f)(1)) is 

21 amended by inserting ‘‘coordination with other state pro22 grams established under sections 306 and 309A,’’ after 

23 ‘‘including’’. 

24 SEC. 17. COASTAL ZONE MANAGEMENT REPORTS. 

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


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•S 1579 IS 

1 (1) by striking ‘‘to the President for trans2 mittal’’ in subsection (a); 

3 (2) by striking ‘‘zone and an evaluation of the 

4 effectiveness of financial assistance under section 

5 308 in dealing with such consequences;’’ and insert6 ing ‘‘zone;’’ in subsection (a)(10); 

7 (3) by inserting ‘‘education,’’ after ‘‘studies,’’ in 

8 subsection (a)(12); 

9 (4) by striking ‘‘Secretary’’ in the first sentence 

10 of subsection (c)(1) and inserting ‘‘Secretary, in con11 sultation with coastal states, and with the participa12 tion of affected Federal agencies,’’; 

13 (5) by striking the second sentence of sub14 section (c)(1) and inserting the following: ‘‘The Sec15 retary, in conducting such a review, shall coordinate 

16 with, and obtain the views of, appropriate Federal 

17 agencies.’’; 

18 (6) by striking ‘‘shall promptly’’ in subsection 

19 (c)(2) and inserting ‘‘shall, within 4 years after the 

20 date of enactment of the Coastal Zone Enhancement 

21 Reauthorization Act of 2007,’’; and 

22 (7) by adding at the end of subsection (c)(2) 

23 the following: ‘‘If sufficient funds and resources are 

24 not available to conduct such a review, the Secretary 

25 shall so notify the Congress.’’. 


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1 SEC. 18. AUTHORIZATION OF APPROPRIATIONS. 

2 Section 318 (16 U.S.C. 1464) is amended— 

3 (1) by striking paragraphs (1) and (2) of sub4 section (a) and inserting the following: 

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

6 309— 

7 ‘‘(A) $90,500,000 for fiscal year 2008, 

8 ‘‘(B) $94,000,000 for fiscal year 2009, 

9 ‘‘(C) $98,000,000 for fiscal year 2010, 

10 ‘‘(D) $102,000,000 for fiscal year 2011, 

11 and 

12 ‘‘(E) $106,000,000 for fiscal year 2012; 

13 ‘‘(2) for grants under section 309A— 

14 ‘‘(A) $29,000,000 for fiscal year 2008, 

15 ‘‘(B) $30,000,000 for fiscal year 2009, 

16 ‘‘(C) $31,000,000 for fiscal year 2010, 

17 ‘‘(D) $32,000,000 for fiscal year 2011, 

18 and 

19 ‘‘(E) $32,000,000 for fiscal year 2012, 

20 of which $10,000,000, or 35 percent, whichever is 

21 less, shall be for purposes set forth in section 

22 309A(a)(5); 

23 ‘‘(3) for grants under section 315— 

24 ‘‘(A) $37,000,000 for fiscal year 2008, 

25 ‘‘(B) $38,000,000 for fiscal year 2009, 

26 ‘‘(C) $39,000,000 for fiscal year 2010, 


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•S 1579 IS 

1 ‘‘(D) $40,000,000 for fiscal year 2011, 

2 and 

3 ‘‘(E) $41,000,000 for fiscal year 2012, 

4 of which up to $15,000,000 may be used by the Sec5 retary in each of fiscal years 2008 through 2012 for 

6 grants to fund construction and acquisition projects 

7 at estuarine reserves designated under section 315; 

8 ‘‘(4) for costs associated with administering this 

9 title, $7,500,000 for fiscal year 2008, $7,750,000 

10 for fiscal year 2009, $8,000,000 for fiscal year 

11 2010, $8,250,000, for fiscal year 2011, and 

12 $8,500,000 for fiscal year 2012; and 

13 ‘‘(5) for grants under section 310 to support 

14 State pilot projects to implement resource assess15 ment and information programs, $6,000,000 for 

16 each of fiscal years 2008 and 20010.’’; 

17 (2) by striking ‘‘306 or 309.’’ in subsection (b) 

18 and inserting ‘‘306.’’; 

19 (3) by striking ‘‘during the fiscal year, or dur20 ing the second fiscal year after the fiscal year, for 

21 which’’ in subsection (c) and inserting ‘‘within 3 

22 years from when’’; 

23 (4) by striking ‘‘under the section for such re24 verted amount was originally made available.’’ in 


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1 subsection (c) and inserting ‘‘to states under this 

2 Act.’’; and 

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

4 ‘‘(d) PURCHASE OF OTHERWISE UNAVAILABLE FED5 ERAL PRODUCTS AND SERVICES.—Federal funds allo6 cated under this title may be used by grantees to purchase 

7 Federal products and services not otherwise available. 

8 ‘‘(e) RESTRICTIONS ON USE OF AMOUNTS.—Except 

9 for funds appropriated under subsection (a)(4), amounts 

10 appropriated under this section shall not be available for 

11 administrative or overhead costs of the National Oceanic 

12 and Atmospheric Administration or the Department of 

13 Commerce. Amounts appropriated under subsection (a)(1) 

14 or (2) shall be available only for grants to States.’’. 

15 SEC. 19. DEADLINE FOR DECISION ON APPEALS OF CON16 SISTENCY DETERMINATION. 

17 (a) IN GENERAL.—Section 319 (16 U.S.C. 1465) is 

18 amended to read as follows: 

19 ‘‘SEC. 319. APPEALS TO THE SECRETARY. 

20 ‘‘(a) NOTICE.—Not later than 30 days after the date 

21 of the filing of an appeal to the Secretary of a consistency 

22 determination under section 307, the Secretary shall pub23 lish an initial notice in the Federal Register. 

24 ‘‘(b) CLOSURE OF RECORD.— 


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1 ‘‘(1) IN GENERAL.—Not later than the end of 

2 the 270-day period beginning on the date of publica3 tion of an initial notice under subsection (a), except 

4 as provided in paragraph (3), the Secretary shall im5 mediately close the decision record and receive no 

6 more filings on the appeal. 

7 ‘‘(2) NOTICE.—After closing the administrative 

8 record, the Secretary shall immediately publish a no9 tice in the Federal Register that the administrative 

10 record has been closed. 

11 ‘‘(3) EXCEPTION.— 

12 ‘‘(A) IN GENERAL.—Subject to subpara13 graph (B), during the 270-day period described 

14 in paragraph (1), the Secretary may stay the 

15 closing of the decision record— 

16 ‘‘(i) for a specific period mutually 

17 agreed to in writing by the appellant and 

18 the State agency; or 

19 ‘‘(ii) as the Secretary determines nec20 essary to receive, on an expedited basis— 

21 ‘‘(I) any supplemental informa22 tion specifically requested by the Sec23 retary to complete a consistency re24 view under this Act; or 


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•S 1579 IS 

1 ‘‘(II) any clarifying information 

2 submitted by a party to the pro3 ceeding related to information already 

4 existing in the sole record. 

5 ‘‘(B) APPLICABILITY.—The Secretary may 

6 only stay the 270-day period described in para7 graph (1) once and for a period not to exceed 

8 60 days. 

9 ‘‘(c) DEADLINE FOR DECISION.— 

10 ‘‘(1) IN GENERAL.—Not later than 90 days 

11 after the date of publication of a Federal Register 

12 notice stating when the decision record for an appeal 

13 has been closed, the Secretary shall issue a decision 

14 or publish a notice in the Federal Register explain15 ing why a decision cannot be issued at that time. 

16 ‘‘(2) SUBSEQUENT DECISION.—Not later than 

17 45 days after the date of publication of a Federal 

18 Register notice explaining why a decision cannot be 

19 issued within the 90-day period, the Secretary shall 

20 issue a decision.’’. 

21 (b) EFFECTIVE DATE.—The amendment made by 

22 subsection (a) applies with respect to appeals under sub23 section (c) or (d) of section 307 of the Coastal Zone Man24 agement Act of 1972 (16 U.S.C. 1456) filed after the date 

25 of enactment of this Act. 


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1 (c) SPECIAL RULE FOR APPEALS FILED ON OR BE2 FORE DATE OF ENACTMENT.—The Secretary of Com3 merce— 

4 (1) shall close the administrative record for any 

5 appeal under subsection (c) or (d) of section 307 of 

6 the Coastal Zone Management Act of 1972 (16 

7 U.S.C. 1456) that was filed on or before the date of 

8 enactment of this Act within 180 days after such 

9 date of enactment but not earlier than December 31, 

10 2008; 

11 (2) may not receive any additional filing with 

12 respect to such an appeal; and 

13 (3) shall issue a decision on the appeal within 

14 90 days after closing the administrative record. 

15 SEC. 20. EFFECTS OF CLIMATE CHANGE ON COASTAL ZONE 

16 MANAGEMENT. 

17 The Act (16 U.S.C. 1451 et seq.) is amended by add18 ing at the end the following: 

19 ‘‘SEC. 320. EFFECTS OF CLIMATE CHANGE ON COASTAL 

20 ZONE MANAGEMENT. 

21 ‘‘In preparing and carrying out its management pro22 gram, a coastal state may— 

23 ‘‘(1) conduct assessments, mapping, modeling, 

24 and forecasting to understand the physical, environ25 mental, and socio-economic impacts of sea level rise, 


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1 changes in freshwater quality and quantity, ocean 

2 acidification, ocean warming, or other effects of 

3 global climate change on the coastal zone; 

4 ‘‘(2) develop prevention, adaptation or response 

5 strategies to reduce vulnerability of coastal commu6 nities and resources to such impacts, changes, and 

7 effects; and 

8 ‘‘(3) establish mechanisms to increase local 

9 awareness of such impacts, changes, and effects.’’. 

10 SEC. 21. COORDINATION WITH FEDERAL ENERGY REGU11 LATORY COMMISSION. 

12 Within 180 days after the date of enactment of this 

13 Act, the Secretary of Commerce shall submit a report to 

14 the Congress on the development of a memorandum of un15 derstanding with the Commissioner of the Federal Energy 

16 Regulatory Commission for a coordinated process for re17 view of coastal energy activities that provides for— 

18 (1) improved coordination among Federal, re19 gional, State, and local agencies concerned with con20 ducting reviews under the Coastal Zone Management 

21 Act of 1972 (16 U.S.C. 1451 et seq.); and 

22 (2) coordinated schedules for such reviews that 

23 ensures that, where appropriate, the reviews are per24 formed concurrently. 

Æ 


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