II 

Calendar No. 6

108TH CONGRESS 

1ST SESSION S. 241

To amend the Coastal Zone Management Act. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 29, 2003

Ms. SNOWE (for herself, Mr. KERRY, Mr. MCCAIN, and Mr. HOLLINGS) 

introduced the following bill; which was read the first time 

JANUARY 30, 2003

Read the second time and placed on the calendar 

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. 

4 This Act may be cited as the ‘‘Coastal Zone Enhance5 ment Reauthorization Act of 2003’’. 

6 SEC. 2. AMENDMENT OF COASTAL ZONE MANAGEMENT 

7 ACT. 

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 SEC. 3. FINDINGS. 

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

7 (1) by redesignating paragraphs (a) through 

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

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

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

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

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

13 after ‘‘zone,’’; 

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

15 so redesignated) and inserting ‘‘dependent on that 

16 habitat,’’; 

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

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

19 (6) by striking paragraph (11) (as so redesig20 nated) and inserting the following: 

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

22 and coastal watersheds may significantly affect the 

23 quality of coastal waters and habitats, and efforts to 

24 control coastal water pollution from activities in 

25 these areas must be improved.’’; and 
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1 (7) by adding at the end thereof the following: 

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

3 and coordination among states and local commu4 nities, to encourage local community-based solutions 

5 that address the impacts and pressures on coastal 

6 resources and on public facilities and public service 

7 caused by continued coastal demands, and to in8 crease state and local capacity to identify public in9 frastructure and open space needs and develop and 

10 implement plans which provide for sustainable 

11 growth, resource protection and community revital12 ization.’’. 

13 SEC. 4. POLICY. 

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

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

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

17 (2) by striking ‘‘waters,’’ each place it appears 

18 in paragraph (2)(C) and inserting ‘‘waters and habi19 tats,’’; 

20 (3) by striking ‘‘agencies and state and wildlife 

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

22 ‘‘and wildlife management; and’’; 

23 (4) by inserting ‘‘other countries,’’ after ‘‘agen24 cies,’’ in paragraph (5); 
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1 (5) by striking ‘‘and’’ at the end of paragraph 

2 (5); 

3 (6) by striking ‘‘zone.’’ in paragraph (6) and in4 serting ‘‘zone;’’; and 

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

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

7 Research Reserve System as a Federal, state, and 

8 community partnership to support and enhance 

9 coastal management and stewardship; and 

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

11 and transfer of innovative coastal and estuarine en12 vironmental technologies and techniques for the 

13 long-term conservation of coastal ecosystems.’’. 

14 SEC. 5. CHANGES IN DEFINITIONS. 

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

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

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

18 (2) by striking paragraph (8) and inserting the 

19 following: 

20 ‘‘(8) The term ‘estuarine reserve’ means a 

21 coastal protected area which may include any part 

22 or all of an estuary and any island, transitional area, 

23 and upland in, adjoining, or adjacent to the estuary, 

24 and which constitutes to the extent feasible a nat25 ural unit, established to provide long-term opportu-
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1 nities for conducting scientific studies and edu2 cational and training programs that improve the un3 derstanding, stewardship, and management of estu4 aries.’’; and 

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

6 ‘‘(19) The term ‘coastal nonpoint pollution con7 trol strategies and measures’ means strategies and 

8 measures included as part of the coastal nonpoint 

9 pollution control program under section 6217 of the 

10 Coastal Zone Act Reauthorization Amendments of 

11 1990 (16 U.S.C. 1455b). 

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

13 ‘‘(A) any local government; 

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

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

16 and Metropolitan Development Act of 1966 (42 

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

18 ‘‘(C) any regional agency; 

19 ‘‘(D) any interstate agency; 

20 ‘‘(E) any nonprofit organization; or 

21 ‘‘(F) any reserve established under section 

22 315.’’. 
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1 SEC. 6. REAUTHORIZATION OF MANAGEMENT PROGRAM 

2 DEVELOPMENT GRANTS. 

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

4 follows:

5 ‘‘SEC. 305. MANAGEMENT PROGRAM DEVELOPMENT 

6 GRANTS. 

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

8 2004 and 2005, the Secretary may make a grant annually 

9 to any coastal state without an approved program if the 

10 coastal state demonstrates to the satisfaction of the Sec11 retary that the grant will be used to develop a manage12 ment program consistent with the requirements set forth 

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

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

15 matching funds according to a 4-to-1 ratio of Federal-to16 State contributions. After an initial grant is made to a 

17 coastal state under this subsection, no subsequent grant 

18 may be made to that coastal state under this subsection 

19 unless the Secretary finds that the coastal state is satis20 factorily developing its management program. No coastal 

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

22 subsection. 

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

24 coastal state that has completed the development of its 

25 management program shall submit the program to the 

26 Secretary for review and approval under section 306.’’. 
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1 SEC. 7. ADMINISTRATIVE GRANTS. 

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

3 is amended by inserting ‘‘including developing and imple4 menting coastal nonpoint pollution control program com5 ponents,’’ after ‘‘program,’’. 

6 (b) EQUITABLE ALLOCATION OF FUNDING.—Section 

7 306(c) (16 U.S.C. 1455(c)) is amended by adding at the 

8 end thereof ‘‘In promoting equity, the Secretary shall con9 sider the overall change in grant funding under this sec10 tion from the preceding fiscal year and minimize the rel11 ative increases or decreases among all the eligible States. 

12 The Secretary shall ensure that each eligible State receives 

13 increased funding under this section in any fiscal year for 

14 which the total amount appropriated to carry out this sec15 tion is greater than the total amount appropriated to carry 

16 out this section for the preceding fiscal year. 

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

18 (16 U.S.C. 1455(d)(10)(B)) is amended by striking ‘‘less 

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

20 SEC. 8. COASTAL RESOURCE IMPROVEMENT PROGRAM. 

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

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

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

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

25 (b)(2) after ‘‘urban’’; 
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1 (3) by adding at the end of subsection (b) the 

2 following: 

3 ‘‘(5) The coordination and implementation of 

4 approved coastal nonpoint pollution control plans. 

5 ‘‘(6) The preservation, restoration, enhance6 ment or creation of coastal habitats.’’; 

7 (4) by striking ‘‘and’’ after the semicolon in 

8 subsection (c)(2)(D); 

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

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

11 (6) by adding at the end of subsection (c)(2) 

12 the following: 

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

14 necessary to preserve, restore, enhance, or cre15 ate coastal habitats; and 

16 ‘‘(G) the coordination and implementation 

17 of approved coastal nonpoint pollution control 

18 plans.’’; and 

19 (7) by striking subsections (d), (e), and (f) and 

20 inserting after subsection (c) the following: 

21 ‘‘(d) SOURCE OF FEDERAL GRANTS; STATE MATCH22 ING CONTRIBUTIONS.—

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

24 to fund a project under this section, then—
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1 ‘‘(A) it shall submit to the Secretary a 

2 combined application for grants under this sec3 tion and section 306; 

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

5 of such grants in the ratio required by section 

6 306(a) for grants under that section; and 

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

8 shall be a portion of that state’s annual alloca9 tion under section 306(a). 

10 ‘‘(2) USE OF FUNDS.—Grants provided under 

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

12 share of costs required under any other Federal pro13 gram that is consistent with the purposes of this 

14 section. 

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

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

17 coastal state may allocate to a qualified local entity a por18 tion of any grant made under this section for the purpose 

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

20 shall not relieve that state of the responsibility for ensur21 ing that any funds so allocated are applied in furtherance 

22 of the state’s approved management program. 

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

24 coastal states in identifying and obtaining from other Fed-
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1 eral agencies technical and financial assistance in achiev2 ing the objectives set forth in subsection (b).’’. 

3 SEC. 9. COASTAL ZONE MANAGEMENT FUND. 

4 (a) TREATMENT OF LOAN REPAYMENTS.—Section 

5 308(a)(2) (16 U.S.C. 1456a(a)(2)) is amended to read as 

6 follows: 

7 ‘‘(2) Loan repayments made under this sub8 section—

9 ‘‘(A) shall be retained by the Secretary and 

10 deposited into the Coastal Zone Management 

11 Fund established under subsection (b); and 

12 ‘‘(B) subject to amounts provided in Ap13 propriations Acts, shall be available to the Sec14 retary for purposes of this title and transferred 

15 to the Operations, Research, and Facilities ac16 count of the National Oceanic and Atmospheric 

17 Administration to offset the costs of imple18 menting this title.’’. 

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

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

21 and (3) and inserting the following: 

22 ‘‘(2) Subject to Appropriation Acts, amounts in 

23 the Fund shall be available to the Secretary to carry 

24 out the provisions of this Act.’’. 
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1 SEC. 10. COASTAL ZONE ENHANCEMENT GRANTS. 

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

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

4 the following:

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

6 creation of coastal habitats, including wetlands, 

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

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

9 subsection (a)(4); 

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

11 activities on resources, such as coastal wetlands and 

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

13 ‘‘of various individual uses or activities on coastal 

14 waters, habitats, and resources, including sources of 

15 polluted runoff.’’; 

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

17 following: 

18 ‘‘(10) Development and enhancement of coastal 

19 nonpoint pollution control program components, in20 cluding the satisfaction of conditions placed on such 

21 programs as part of the Secretary’s approval of the 

22 programs. 

23 ‘‘(11) Significant emerging coastal issues as 

24 identified by coastal states, in consultation with the 

25 Secretary and qualified local entities.’’; 
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1 (5) by striking ‘‘proposals, taking into account 

2 the criteria established by the Secretary under sub3 section (d).’’ in subsection (c) and inserting ‘‘pro4 posals.’’; 

5 (6) by striking subsection (d) and redesignating 

6 subsection (e) as subsection (d); 

7 (7) by striking ‘‘section, up to a maximum of 

8 $10,000,000 annually’’ in subsection (f) and insert9 ing ‘‘section.’’; and 

10 (8) by redesignating subsections (f) and (g) as 

11 subsections (e) and (f), respectively. 

12 SEC. 11. COASTAL COMMUNITY PROGRAM. 

13 The Act is amended by inserting after section 309 

14 the following: 

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

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

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

18 subsection (b)—

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

20 and managing growth, public infrastructure, and 

21 open space needs in order to provide for sustainable 

22 growth, resource protection and community revital23 ization; 

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

25 and technical assistance in developing and imple-
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1 menting community-based growth management and 

2 resource protection strategies in qualified local enti3 ties; 

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

5 high potential for improving coastal zone manage6 ment at the local level; 

7 ‘‘(4) to assist in the adoption of plans, strate8 gies, policies, or procedures to support local commu9 nity-based environmentally-protective solutions to 

10 the impacts and pressures on coastal uses and re11 sources caused by development and sprawl that 

12 will—

13 ‘‘(A) revitalize previously developed areas; 

14 ‘‘(B) undertake conservation activities and 

15 projects in undeveloped and environmentally 

16 sensitive areas; 

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

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

19 and 

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

21 and implement approved coastal nonpoint pollution 

22 control strategies and measures that reduce the 

23 causes and impacts of polluted runoff on coastal wa24 ters and habitats.’’. 
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1 ‘‘(b) ELIGIBILITY.—To be eligible for a grant under 

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

3 ‘‘(1) have a management program approved 

4 under section 306; and 

5 ‘‘(2) in the judgment of the Secretary, be mak6 ing satisfactory progress in activities designed to re7 sult in significant improvement in achieving the 

8 coastal management objectives specified in section 

9 303(2)(A) through (K). 

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

11 STATE MATCHING CONTRIBUTIONS.—

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

13 shall be allocated to coastal states as provided in 

14 section 306(c). 

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

16 state chooses to fund a project under this section, 

17 then—

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

19 combined application for grants under this sec20 tion and section 306; and 

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

22 grant under this section on the basis of a total 

23 contribution of section 306, 306A, and this sec24 tion so that, in aggregate, the match is 1:1. 
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1 ‘‘(d) ALLOCATION OF GRANTS TO QUALIFIED LOCAL

2 ENTITY.—

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

4 Secretary, the eligible coastal state may allocate to 

5 a qualified local entity amounts received by the state 

6 under this section. 

7 ‘‘(2) ASSURANCES.—A coastal state shall en8 sure that amounts allocated by the state under para9 graph (1) are used by the qualified local entity in 

10 furtherance of the state’s approved management 

11 program, specifically furtherance of the coastal man12 agement objectives specified in section 303(2). 

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

14 coastal states and qualified local entities in identifying and 

15 obtaining from other Federal agencies technical and finan16 cial assistance in achieving the objectives set forth in sub17 section (a).’’. 

18 SEC. 12. TECHNICAL ASSISTANCE. 

19 Section 310(b) (16 U.S.C. 1456c(b)) is amended by 

20 adding at the end thereof the following: 

21 ‘‘(4) The Secretary may conduct a program to 

22 develop and apply innovative coastal and estuarine 

23 environmental technology and methodology through 

24 a cooperative program. The Secretary may make ex-
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1 tramural grants in carrying out the purpose of this 

2 subsection.’’.

3 SEC. 13. PERFORMANCE REVIEW. 

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

5 inserting ‘‘coordinated with National Estuarine Research 

6 Reserves in the state’’ after ‘‘303(2)(A) through (K),’’. 

7 SEC. 14. WALTER B. JONES AWARDS. 

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

9 (1) by striking ‘‘shall, using sums in the Coast10 al Zone Management Fund established under section 

11 308’’ in subsection (a) and inserting ‘‘may, using 

12 sums available under this Act’’; 

13 (2) by striking ‘‘field.’’ in subsection (a) and in14 serting the following: ‘‘field of coastal zone manage15 ment. These awards, to be known as the ‘Walter B. 

16 Jones Awards’, may include—

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

18 $5,000 each; 

19 ‘‘(2) research grants; and 

20 ‘‘(3) public ceremonies to acknowledge such 

21 awards.’’; 

22 (3) by striking ‘‘shall elect annually—’’ in sub23 section (b) and inserting ‘‘may select annually if 

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

25 (4) by striking subsection (e). 
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1 SEC. 15. NATIONAL ESTUARINE RESEARCH RESERVE SYS2 TEM. 

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

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

5 of areas protected by Federal, state, and community part6 nerships which promotes informed management of the Na7 tion’s estuarine and coastal areas through interconnected 

8 programs in resource stewardship, education and training, 

9 and scientific understanding consisting of—’’. 

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

11 is amended by striking ‘‘public education and interpreta12 tion; and’’; and inserting ‘‘education, interpretation, train13 ing, and demonstration projects; and’’. 

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

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

16 caption and inserting ‘‘RESEARCH, EDUCATION, AND

17 RESOURCE STEWARDSHIP’’; 

18 (2) by striking ‘‘conduct of research’’ and in19 serting ‘‘conduct of research, education, and re20 source stewardship’’; 

21 (3) by striking ‘‘coordinated research’’ in para22 graph (1) and inserting ‘‘coordinated research, edu23 cation, and resource stewardship’’; 

24 (4) by striking ‘‘research’’ before ‘‘principles’’ 

25 in paragraph (2); 
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1 (5) by striking ‘‘research programs’’ in para2 graph (2) and inserting ‘‘research, education, and 

3 resource stewardship programs’’; 

4 (6) by striking ‘‘research’’ before ‘‘methodolo5 gies’’ in paragraph (3); 

6 (7) by striking ‘‘data,’’ in paragraph (3) and in7 serting ‘‘information,’’; 

8 (8) by striking ‘‘research’’ before ‘‘results’’ in 

9 paragraph (3); 

10 (9) by striking ‘‘research purposes;’’ in para11 graph (3) and inserting ‘‘research, education, and 

12 resource stewardship purposes;’’; 

13 (10) by striking ‘‘research efforts’’ in para14 graph (4) and inserting ‘‘research, education, and 

15 resource stewardship efforts’’; 

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

17 and inserting ‘‘research, education, and resource 

18 stewardship’’; and 

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

20 (d) Section 315(d) (16 U.S.C. 1461(d)) is amend21 ed—

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

23 the subsection caption and inserting ‘‘ESTUARINE

24 RESEARCH, EDUCATION, AND RESOURCE STEWARD25 SHIP.—’’; 
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1 (2) by striking ‘‘research purposes’’ and insert2 ing ‘‘research, education, and resource stewardship 

3 purposes’’; 

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

5 following: 

6 ‘‘(1) giving reasonable priority to research, edu7 cation, and stewardship activities that use the Sys8 tem in conducting or supporting activities relating to 

9 estuaries; and’’; 

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

11 and inserting ‘‘research, education, and resource 

12 stewardship activities.’’; and 

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

14 ‘‘(3) establishing partnerships with other Fed15 eral and state estuarine management programs to 

16 coordinate and collaborate on estuarine research.’’. 

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

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

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

20 (2) by striking ‘‘and constructing appropriate 

21 reserve facilities, or’’ in paragraph (1)(A)(ii) and in22 serting ‘‘including resource stewardship activities 

23 and constructing reserve facilities; and’’; 

24 (3) by striking paragraph (1)(A)(iii); 
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1 (4) by striking paragraph (1)(B) and inserting 

2 the following: 

3 ‘‘(B) to any coastal state or public or pri4 vate person for purposes of—

5 ‘‘(i) supporting research and moni6 toring associated with a national estuarine 

7 reserve that are consistent with the re8 search guidelines developed under sub9 section (c); or 

10 ‘‘(ii) conducting educational, interpre11 tive, or training activities for a national es12 tuarine reserve that are consistent with the 

13 education guidelines developed under sub14 section (c).’’; 

15 (5) by striking ‘‘therein or $5,000,000, which16 ever amount is less.’’ in paragraph (3)(A) and in17 serting ‘‘therein. Non-Federal costs associated with 

18 the purchase of any lands and waters, or interests 

19 therein, which are incorporated into the boundaries 

20 of a reserve up to 5 years after the costs are in21 curred, may be used to match the Federal share.’’; 

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

23 (7) by striking ‘‘paragraph (1)(A)(iii)’’ in para24 graph (3)(B) and inserting ‘‘paragraph (1)(B)’’;
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1 (8) by striking ‘‘entire System.’’ in paragraph 

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

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

4 ‘‘(4) The Secretary may—

5 ‘‘(A) enter into cooperative agreements, fi6 nancial agreements, grants, contracts, or other 

7 agreements with any nonprofit organization, au8 thorizing the organization to solicit donations to 

9 carry out the purposes and policies of this sec10 tion, other than general administration of re11 serves or the System and which are consistent 

12 with the purposes and policies of this section; 

13 and 

14 ‘‘(B) accept donations of funds and serv15 ices for use in carrying out the purposes and 

16 policies of this section, other than general ad17 ministration of reserves or the System and 

18 which are consistent with the purposes and poli19 cies of this section. 

20 Donations accepted under this section shall be con21 sidered as a gift or bequest to or for the use of the 

22 United States for the purpose of carrying out this 

23 section.’’. 

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

25 amended by inserting ‘‘coordination with other state pro-
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1 grams established under sections 306 and 309A,’’ after 

2 ‘‘including’’. 

3 SEC. 16. COASTAL ZONE MANAGEMENT REPORTS. 

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

5 (1) by striking ‘‘to the President for trans6 mittal’’ in subsection (a); 

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

8 effectiveness of financial assistance under section 

9 308 in dealing with such consequences;’’ and insert10 ing ‘‘zone;’’ in the provision designated as (10) in 

11 subsection (a); 

12 (3) by inserting ‘‘education,’’ after the ‘‘stud13 ies,’’ in the provision designated as (12) in sub14 section (a); 

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

16 of subsection (c)(1) and inserting ‘‘Secretary, in con17 sultation with coastal states, and with the participa18 tion of affected Federal agencies,’’; 

19 (5) by striking the second sentence of sub20 section (c)(1) and inserting the following: ‘‘The Sec21 retary, in conducting such a review, shall coordinate 

22 with, and obtain the views of, appropriate Federal 

23 agencies.’’; 

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

25 (c)(2) and inserting ‘‘shall, within 4 years after the 
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1 date of enactment of the Coastal Zone Enhancement 

2 Reauthorization Act of 2003,’’; and 

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

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

5 not available to conduct such a review, the Secretary 

6 shall so notify the Congress.’’. 

7 SEC. 17. AUTHORIZATION OF APPROPRIATIONS. 

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

9 (1) by striking paragraphs (1) and (2) of sub10 section (a) and inserting the following: 

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

12 309—

13 ‘‘(A) $83,500,000 for fiscal year 2004; 

14 ‘‘(B) $87,000,000 for fiscal year 2005; 

15 ‘‘(C) $90,500,000 for fiscal year 2006; 

16 ‘‘(D) $94,000,000 for fiscal year 2007; 

17 and 

18 ‘‘(E) $97,500,000 for fiscal year 2008. 

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

20 ‘‘(A) $27,000,000 for fiscal year 2004; 

21 ‘‘(B) $28,000,000 for fiscal year 2005; 

22 ‘‘(C) $29,000,000 for fiscal year 2006; 

23 ‘‘(D) $30,000,000 for fiscal year 2007; 

24 and 

25 ‘‘(E) $30,000,000 for fiscal year 2008. 
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1 of which $10,000,000, or 35 percent, whichever is 

2 less, shall be for purposes set forth in section 

3 309A(a)(5); 

4 ‘‘(3) for grants under section 315—

5 ‘‘(A) $13,000,000 for fiscal year 2004; 

6 ‘‘(B) $14,000,000 for fiscal year 2005; 

7 ‘‘(C) $15,000,000 for fiscal year 2006; 

8 ‘‘(D) $16,000,000 for fiscal year 2007; 

9 and 

10 ‘‘(E) $17,000,000 for fiscal year 2008. 

11 ‘‘(4) for grants to fund construction projects at 

12 estuarine reserves designated under section 315, 

13 $12,000,000 for each of fiscal years 2004, 2005, 

14 2006, 2007, and 2008; and 

15 ‘‘(5) for costs associated with administering this 

16 title, $6,500,000 for fiscal year 2004 and such sums 

17 as are necessary for fiscal years 2005–2008.’’; 

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

19 and inserting ‘‘306.’’; 

20 (3) by striking ‘‘during the fiscal year, or dur21 ing the second fiscal year after the fiscal year, for 

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

23 years from when’’; 

24 (4) by striking ‘‘under the section for such re25 verted amount was originally made available.’’ in 
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•S 241 PCS 

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) RESTRICTION ON USE OF AMOUNTS FOR PRO9 GRAM, ADMINISTRATIVE, OR OVERHEAD COSTS.—Except 

10 for funds appropriated under subsection (a)(5), amounts 

11 appropriated under this section shall be available only for 

12 grants to states and shall not be available for other pro13 gram, administrative, or overhead costs of the National 

14 Oceanic and Atmospheric Administration or the Depart15 ment of Commerce.’’. 

16 SEC. 18. SENSE OF CONGRESS. 

17 It is the sense of Congress that the Undersecretary 

18 for Oceans and Atmosphere should re-evaluate the calcula19 tion of shoreline mileage used in the distribution of fund20 ing under the Coastal Zone Management Program to en21 sure equitable treatment of all regions of the coastal zone, 

22 including the Southeastern States and the Great Lakes 

23 States.
Calendar No. 6

108TH CONGRESS 

1ST SESSION S. 241

A BILL

To amend the Coastal Zone Management Act. 

JANUARY 30, 2003

Read the second time and placed on the calendar