II 

Calendar No. 211 

109TH CONGRESS 

1ST SESSION S. 360 

[Report No. 109–137] 

To amend the Coastal Zone Management Act. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 10, 2005 

Ms. SNOWE (for herself, Mr. KERRY, Mr. SARBANES, Ms. CANTWELL, Mr. 

LEVIN, Mr. DEWINE, and Mr. LAUTENBERG) introduced the following 

bill; which was read twice and referred to the Committee on Commerce, 

Science, and Transportation 

SEPTEMBER 15, 2005 

Reported by Mr. STEVENS, with an amendment 

[Strike all after the enacting clause and insert the part printed in italic] 

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 2005’’. 
2 

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1 SEC. 2. AMENDMENT OF COASTAL ZONE MANAGEMENT 

2 ACT. 

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,’’; 

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

19 so redesignated) and inserting ‘‘dependent on that 

20 habitat,’’; 

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

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

23 (6) by striking paragraph (11) (as so redesig24 nated) and inserting the following: 

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

26 and coastal watersheds may significantly affect the 
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1 quality of coastal waters and habitats, and efforts to 

2 control coastal water pollution from activities in 

3 these areas must be improved.’’; and 

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

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

6 and coordination among states and local commu7 nities, to encourage local community-based solutions 

8 that address the impacts and pressures on coastal 

9 resources and on public facilities and public service 

10 caused by continued coastal demands, and to in11 crease state and local capacity to identify public in12 frastructure and open space needs and develop and 

13 implement plans which provide for sustainable 

14 growth, resource protection and community revital15 ization.’’. 

16 SEC. 4. POLICY. 

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

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

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

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

21 in paragraph (2)(C) and inserting ‘‘waters and habi22 tats,’’; 

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

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

25 ‘‘and wildlife management; and’’; 
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1 (4) by inserting ‘‘other countries,’’ after ‘‘agen2 cies,’’ in paragraph (5); 

3 (5) by striking ‘‘and’’ at the end of paragraph 

4 (5); 

5 (6) by striking ‘‘zone.’’ in paragraph (6) and in6 serting ‘‘zone;’’; and 

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

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

9 Research Reserve System as a Federal, state, and 

10 community partnership to support and enhance 

11 coastal management and stewardship; and 

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

13 and transfer of innovative coastal and estuarine en14 vironmental technologies and techniques for the 

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

16 SEC. 5. CHANGES IN DEFINITIONS. 

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

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

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

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

21 following: 

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

23 coastal protected area which may include any part 

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

25 and upland in, adjoining, or adjacent to the estuary, 
5 

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1 and which constitutes to the extent feasible a nat2 ural unit, established to provide long-term opportu3 nities for conducting scientific studies and edu4 cational and training programs that improve the un5 derstanding, stewardship, and management of estu6 aries.’’; and 

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

8 ‘‘(19) The term ‘coastal nonpoint pollution con9 trol strategies and measures’ means strategies and 

10 measures included as part of the coastal nonpoint 

11 pollution control program under section 6217 of the 

12 Coastal Zone Act Reauthorization Amendments of 

13 1990 (16 U.S.C. 1455b). 

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

15 ‘‘(A) any local government; 

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

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

18 and Metropolitan Development Act of 1966 (42 

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

20 ‘‘(C) any regional agency; 

21 ‘‘(D) any interstate agency; 

22 ‘‘(E) any nonprofit organization; or 

23 ‘‘(F) any reserve established under section 

24 315.’’. 
6 

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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 2006 and 2007, 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-
10 

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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.’’. 
11 

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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-
16 

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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); 
20 

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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)’’; 
21 

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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-
22 

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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 
23 

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1 date of enactment of the Coastal Zone Enhancement 

2 Reauthorization Act of 2005,’’; 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) $90,500,000 for fiscal year 2006; 

14 ‘‘(B) $94,000,000 for fiscal year 2007; 

15 ‘‘(C) $98,000,000 for fiscal year 2008; 

16 ‘‘(D) $102,000,000 for fiscal year 2009; 

17 and 

18 ‘‘(E) $106,000,000 for fiscal year 2010. 

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

20 ‘‘(A) $29,000,000 for fiscal year 2006; 

21 ‘‘(B) $30,000,000 for fiscal year 2007; 

22 ‘‘(C) $31,000,000 for fiscal year 2008; 

23 ‘‘(D) $32,000,000 for fiscal year 2009; 

24 and 

25 ‘‘(E) $32,000,000 for fiscal year 2010. 
24 

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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) $18,000,000 for fiscal year 2006; 

6 ‘‘(B) $19,000,000 for fiscal year 2007; 

7 ‘‘(C) $20,000,000 for fiscal year 2008; 

8 ‘‘(D) $21,000,000 for fiscal year 2009; 

9 and 

10 ‘‘(E) $22,000,000 for fiscal year 2010. 

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

12 estuarine reserves designated under section 315, 

13 $15,000,000 for each of fiscal years 2006, 2007, 

14 2008, 2009, and 2010; and 

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

16 title, $7,000,000 for fiscal year 2006 and such sums 

17 as are necessary for fiscal years 2007–2010.’’; 

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 
25 

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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) 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. 
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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

3 ‘‘Coastal Zone Enhancement Reauthorization Act of 2005’’. 

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

5 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. 

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. Coordination with Federal Energy Regulatory Commission. 

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 of 

10 an amendment to, or repeal of, a section or other provision, 

11 the reference shall be considered to be made to a section or 

12 other provision of the Coastal Zone Management Act of 

13 1972 (16 U.S.C. 1451 et seq.). 

14 SEC. 3. FINDINGS. 

15 Section 302 (16 U.S.C. 1451) is amended— 
27 

•S 360 RS 

1 (1) by redesignating paragraphs (a) through (m) 

2 as paragraphs (1) through (13); 

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

4 redesignated) after ‘‘fossil fuels,’’; 

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

6 wetlands,’’ in paragraph (4) (as so redesignated) after 

7 ‘‘zone,’’; 

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

9 so redesignated) and inserting ‘‘dependent on that 

10 habitat,’’; 

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

12 so redesignated) and inserting ‘‘quality of life’’; 

13 (6) by inserting ‘‘integrated plans and strate14 gies,’’ after ‘‘including’’ in paragraph (9) (as so re15 designated); 

16 (7) by striking paragraph (11) (as so redesig17 nated) and inserting the following: 

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

19 and coastal watersheds may significantly affect the 

20 quality of coastal waters and habitats, and efforts to 

21 control coastal water pollution from activities in these 

22 areas must be improved.’’; and 

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

24 ‘‘(14) There is a need to enhance cooperation and 

25 coordination among states and local communities, to 
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1 encourage local community-based solutions that ad2 dress the impacts and pressures on coastal resources 

3 and on public facilities and public service caused by 

4 continued coastal demands, and to increase state and 

5 local capacity to identify public infrastructure and 

6 open space needs and develop and implement plans 

7 which provide for sustainable growth, resource protec8 tion and community revitalization. 

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

10 estuarine research reserves will provide for protection 

11 of essential estuarine resources, as well as for a net12 work of State-based reserves that will serve as sites for 

13 coastal stewardship best-practices, monitoring, re14 search, education, and training to improve coastal 

15 management and to help translate science and inform 

16 coastal decisionmakers and the public.’’. 

17 SEC. 4. POLICY. 

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

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

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

21 (2) by striking ‘‘programs’’ the first place it ap22 pears in paragraph (2) and inserting ‘‘programs, 

23 plans, and strategies’’; 
29 

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

2 in paragraph (2)(C) and inserting ‘‘waters and habi3 tats,’’; 

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

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

6 ‘‘and wildlife management, and’’; 

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

8 and inserting ‘‘specificity, cooperation, coordination, 

9 and effectiveness’’; 

10 (6) by inserting ‘‘other countries,’’ after ‘‘agen11 cies,’’ in paragraph (5); 

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

13 (5); 

14 (8) by striking ‘‘zone.’’ in paragraph (6) and in15 serting ‘‘zone;’’; and 

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

17 ‘‘(7) to create and use a National Estuarine Re18 search Reserve System as a Federal, state, and com19 munity partnership to support and enhance coastal 

20 management and stewardship through State-based 

21 conservation, monitoring, research, education, out22 reach, and training; and 

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

24 training, technical assistance, and transfer of innova25 tive coastal management practices and coastal and es-
30 

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1 tuarine environmental technologies and techniques to 

2 improve understanding and management decision3 making for the long-term conservation of coastal eco4 systems.’’. 

5 SEC. 5. CHANGES IN DEFINITIONS. 

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

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

8 Pacific Islands,’’ in paragraph (4); 

9 (2) in paragraph (6)(B)— 

10 (A) by inserting ‘‘(ix) use or reuse of facili11 ties authorized under the Outer Continental 

12 Shelf Lands Act (43 U.S.C. 1331 et seq.) for en13 ergy-related purposes or other authorized marine 

14 related purposes;’’ after ‘‘transmission facili15 ties;’’; and 

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

17 ‘‘and (x); 

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

19 following: 

20 ‘‘(8) The terms ‘estuarine reserve’ and ‘estuarine 

21 research reserve’ mean a coastal protected area that— 

22 ‘‘(A) may include any part or all of an es23 tuary and any island, transitional area, and up24 land in, adjoining, or adjacent to the estuary; 
31 

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1 ‘‘(B) constitutes to the extent feasible a nat2 ural unit; and 

3 ‘‘(C) is established to provide long-term op4 portunities for conducting scientific studies and 

5 monitoring and educational and training pro6 grams that improve the understanding, steward7 ship, and management of estuaries and improve 

8 coastal decisionmaking.’’; 

9 (4) by inserting ‘‘plans, strategies,’’ after ‘‘poli10 cies,’’ in paragraph (12); 

11 (5) in paragraph (13)— 

12 (A) by inserting ‘‘or alternative energy 

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

14 (B) by striking ‘‘new or expanded’’ and in15 serting ‘‘new, reused, or expanded’’; and 

16 (C) by striking ‘‘or production.’’ and insert17 ing ‘‘production, or other energy related pur18 poses.’’; 

19 (6) by striking ‘‘policies; standards’’ in para20 graph (17) and inserting ‘‘policies, standards, incen21 tives, guidelines,’’; and 

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

23 ‘‘(19) The term ‘coastal nonpoint pollution con24 trol strategies and measures’ means strategies and 

25 measures included as part of the coastal nonpoint pol-
32 

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1 lution control program under section 6217 of the 

2 Coastal Zone Act Reauthorization Amendments of 

3 1990 (16 U.S.C. 1455b). 

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

5 ‘‘(A) any local government; 

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

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

8 and Metropolitan Development Act of 1966 (42 

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

10 ‘‘(C) any regional agency; 

11 ‘‘(D) any interstate agency; 

12 ‘‘(E) any nonprofit organization; or 

13 ‘‘(F) any reserve established under section 

14 315.’’. 

15 SEC. 6. REAUTHORIZATION OF MANAGEMENT PROGRAM DE16 VELOPMENT GRANTS. 

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

18 follows: 

19 ‘‘SEC. 305. MANAGEMENT PROGRAM DEVELOPMENT 

20 GRANTS. 

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

22 2006 and 2007, the Secretary may make a grant annually 

23 to any coastal state without an approved program if the 

24 coastal state demonstrates to the satisfaction of the Sec25 retary that the grant will be used to develop a management 
33 

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1 program consistent with the requirements set forth in sec2 tion 306. The amount of any such grant shall not exceed 

3 $200,000 in any fiscal year, and shall require State match4 ing funds according to a 4-to-1 ratio of Federal-to-State 

5 contributions. After an initial grant is made to a coastal 

6 state under this subsection, no subsequent grant may be 

7 made to that coastal state under this subsection unless the 

8 Secretary finds that the coastal state is satisfactorily devel9 oping its management program. No coastal state is eligible 

10 to receive more than 4 grants under this subsection. 

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

12 coastal state that has completed the development of its man13 agement program shall submit the program to the Secretary 

14 for review and approval under section 306.’’. 

15 SEC. 7. ADMINISTRATIVE GRANTS. 

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

17 is amended by striking ‘‘administering that State’s man18 agement program,’’ and inserting ‘‘administering and im19 plementing that State’s management program and any 

20 plans, projects, or activities developed pursuant to such pro21 gram, including developing and implementing applicable 

22 coastal nonpoint pollution control program components,’’. 

23 (b) EQUITABLE ALLOCATION OF FUNDING.—Section 

24 306(c) (16 U.S.C. 1455(c)) is amended by adding at the 

25 end thereof ‘‘In promoting equity, the Secretary shall con-
34 

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1 sider the overall change in grant funding under this section 

2 from the preceding fiscal year and minimize the relative 

3 increases or decreases among all the eligible States. To the 

4 extent practicable, the Secretary shall ensure that each eligi5 ble State receives increased funding under this section in 

6 any fiscal year for which the total amount appropriated 

7 to carry out this section is greater than the total amount 

8 appropriated to carry out this section for the preceding fis9 cal year. 

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

11 (16 U.S.C. 1455(d)(10)(B)) is amended by striking ‘‘less 

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

13 (d) CONFORMING AMENDMENT.—Section 

14 306(d)(13)(B) (16 U.S.C. 1455(d)(13)(B)) is amended by 

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

16 SEC. 8. COASTAL RESOURCE IMPROVEMENT PROGRAM. 

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

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

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

20 (2) by inserting ‘‘or historic’’ in subsection (b)(2) 

21 after ‘‘urban’’; 

22 (3) by adding at the end of subsection (b) the fol23 lowing: 
35 

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1 ‘‘(5) The coordination and implementation of 

2 approved coastal nonpoint pollution control plans, 

3 strategies, and measures. 

4 ‘‘(6) The preservation, restoration, enhancement 

5 or creation of coastal habitats.’’; 

6 (4) by inserting ‘‘planning,’’ before ‘‘engineer7 ing’’ in subsection (c)(2)(D); 

8 (5) by striking ‘‘and’’ after the semicolon in sub9 section (c)(2)(D); 

10 (6) by striking ‘‘section.’’ in subsection (c)(2)(E) 

11 and inserting ‘‘section;’’; 

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

13 following: 

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

15 necessary to preserve, restore, enhance, or create 

16 coastal habitats; and 

17 ‘‘(G) the coordination and implementation 

18 of approved coastal nonpoint pollution control 

19 plans, strategies, measures.’’; and 

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

21 inserting after subsection (c) the following: 

22 ‘‘(d) SOURCE OF FEDERAL GRANTS; STATE MATCHING

23 CONTRIBUTIONS.— 

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

25 fund a project under this section, then— 
36 

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1 ‘‘(A) it shall submit to the Secretary a com2 bined application for grants under this section 

3 and section 306; 

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

5 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 share 

12 of costs required under any other Federal program 

13 that is consistent with the purposes of this section. 

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

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

16 coastal state may allocate to a qualified local entity a por17 tion of any grant made under this section for the purpose 

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

19 shall not relieve that state of the responsibility for ensuring 

20 that any funds so allocated are applied in furtherance of 

21 the state’s approved management program and consistent 

22 with the policies of this Act. 

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

24 coastal states in identifying and obtaining from other Fed-
37 

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1 eral agencies technical and financial assistance in achiev2 ing the objectives set forth in subsection (b).’’. 

3 SEC. 9. CERTAIN FEDERAL AGENCY ACTIVITIES. 

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

5 by adding at the end the following: 

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

7 and implementing regulations thereunder, with 

8 respect to a Federal agency activity inland of the 

9 coastal zone of the State of Alaska, apply only 

10 if the activity directly and significantly affects a 

11 land or water use or a natural resource of the 

12 Alaskan coastal zone.’’. 

13 SEC. 10. COASTAL ZONE MANAGEMENT FUND. 

14 (a) TREATMENT OF LOAN REPAYMENTS.—Section 

15 308(a)(2) (16 U.S.C. 1456a(a)(2)) is amended to read as 

16 follows: 

17 ‘‘(2) Loan repayments made under this sub18 section shall be retained by the Secretary and depos19 ited into the Coastal Zone Management Fund estab20 lished under subsection (b) and shall be made avail21 able to the States for grants as under subsection 

22 (b)(2).’’. 

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

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

25 and (3) and inserting the following: 
38 

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

2 the Fund shall be available to the Secretary to make 

3 grants to the States for— 

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

5 management issues which are regional in scope, 

6 including intrastate and interstate projects; and 

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

8 improving coastal zone and watershed manage9 ment. 

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

11 apply an integrated, watershed-based management 

12 approach and advance the purpose of this Act to pre13 serve, protect, develop, and where possible, to restore 

14 or enhance, the resources of the Nation’s coastal zone 

15 for this and succeeding generations.’’. 

16 SEC. 11. COASTAL ZONE ENHANCEMENT GRANTS. 

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

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

19 the following: 

20 ‘‘(1) Protection, restoration, enhancement, or cre21 ation of coastal habitats, including wetlands, coral 

22 reefs, marshes, and barrier islands.’’; 

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

24 subsection (a)(4); 
39 

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

2 activities on resources, such as coastal wetlands and 

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

4 ‘‘of various individual uses or activities on coastal 

5 waters, habitats, and resources, including sources of 

6 polluted runoff.’’; 

7 (4) by adding at the end of subsection (a) the fol8 lowing: 

9 ‘‘(10) Development and enhancement of coastal 

10 nonpoint pollution control program components, 

11 strategies, and measures, including the satisfaction of 

12 conditions placed on such programs as part of the 

13 Secretary’s approval of the programs. 

14 ‘‘(11) Significant emerging coastal issues as 

15 identified by coastal states, in consultation with the 

16 Secretary and qualified local entities.’’; 

17 (5) by striking ‘‘changes’’ in subsection (b)(2)(A) 

18 and inserting ‘‘changes, or for projects that dem19 onstrate significant potential for improving ocean re20 source management or integrated coastal and water21 shed management at the local, state, or regional 

22 level,’’; 

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

24 the criteria established by the Secretary under sub-
40 

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1 section (d).’’ in subsection (c) and inserting ‘‘pro2 posals.’’; 

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

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

5 (f), respectively; and 

6 (8) by striking ‘‘in implementing this section, up 

7 to a maximum of $10,000,000 annually.’’ in sub8 section (e), as redesignated, and inserting ‘‘for grants 

9 to the States.’’. 

10 SEC. 12. COASTAL COMMUNITY PROGRAM. 

11 The Act is amended by inserting after section 309 the 

12 following: 

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

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

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

16 subsection (b)— 

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

18 and managing growth, public infrastructure, and 

19 open space needs in order to provide for sustainable 

20 growth, resource protection and community revital21 ization; 

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

23 and technical assistance in developing and imple24 menting community-based growth management and 

25 resource protection strategies in qualified local enti-
41 

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1 ties as long as such strategies are consistent with the 

2 policies of this Act; 

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

4 high potential for improving coastal zone manage5 ment at the local level; 

6 ‘‘(4) to assist in the adoption of plans, strategies, 

7 policies, or procedures to support local community8 based environmentally-protective solutions to the im9 pacts and pressures on coastal uses and resources 

10 caused by development and sprawl that will— 

11 ‘‘(A) revitalize previously developed areas; 

12 ‘‘(B) undertake conservation activities and 

13 projects in undeveloped and environmentally 

14 sensitive areas; 

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

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

17 and 

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

19 and implement approved coastal nonpoint pollution 

20 control strategies and measures that reduce the causes 

21 and impacts of polluted runoff on coastal waters and 

22 habitats.’’. 

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

24 this section for a fiscal year, a coastal state shall— 
42 

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1 ‘‘(1) have a management program approved 

2 under section 306; and 

3 ‘‘(2) in the judgment of the Secretary, be making 

4 satisfactory progress in activities designed to result in 

5 significant improvement in achieving the coastal 

6 management objectives specified in subparagraphs (A) 

7 through (K) of section 303(2). 

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

9 STATE MATCHING CONTRIBUTIONS.— 

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

11 shall be allocated to coastal states as provided in sec12 tion 306(c). 

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

14 chooses to fund a project under this section, then— 

15 ‘‘(A) it shall submit to the Secretary a com16 bined application for grants under this section 

17 and section 306; and 

18 ‘‘(B) it shall match the amount of the grant 

19 under this section on the basis of a total con20 tribution of section 306, 306A, and this section 

21 so that, in aggregate, the match is 1:1. 

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

23 ENTITY.— 

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

25 Secretary, the eligible coastal state may allocate to a 
43 

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1 qualified local entity amounts received by the state 

2 under this section. 

3 ‘‘(2) ASSURANCES.—A coastal state shall ensure 

4 that amounts allocated by the state under paragraph 

5 (1) are used by the qualified local entity in further6 ance of the state’s approved management program, 

7 specifically furtherance of the coastal management ob8 jectives specified in section 303(2) and the policies of 

9 this Act. 

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

11 coastal states and qualified local entities in identifying and 

12 obtaining from other Federal agencies technical and finan13 cial assistance in achieving the objectives set forth in sub14 section (a).’’. 

15 SEC. 13. TECHNICAL ASSISTANCE; RESOURCES ASSESS16 MENTS; INFORMATION SYSTEMS. 

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

18 amended— 

19 (1) by inserting ‘‘(1)’’ before ‘‘The Secretary’’ in 

20 subsection (a); 

21 (2) by striking ‘‘assistance’’ in the first sentence 

22 in subsection (a) and inserting ‘‘assistance, tech23 nology and methodology development, training and 

24 information transfer, resources assessment,’’; 
44 

•S 360 RS 

1 (3) by resetting the second and third sentences in 

2 subsection (a) as a new paragraph and inserting 

3 ‘‘(2)’’ before ‘‘Each’’; 

4 (4) by striking ‘‘and research activities’’ in sub5 section (b)(1) and inserting ‘‘research activities, and 

6 other support services and activities’’; 

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

8 following: ‘‘The Secretary may conduct a program to 

9 develop and apply innovative coastal and estuarine 

10 environmental technology and methodology through a 

11 cooperative program, and to support the development, 

12 application, training and technical assistance, and 

13 transfer of effective coastal management practices. 

14 The Secretary may make extramural grants in car15 rying out the purpose of this subsection.’’; 

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

17 following: ‘‘The Secretary shall establish regional ad18 visory committees including representatives of the 

19 Governors of each state within the region, univer20 sities, colleges, coastal and marine laboratories, Sea 

21 Grant College programs within the region and rep22 resentatives from the private and public sector with 

23 relevant expertise. The Secretary will report to the re24 gional advisory committees on activities undertaken 

25 by the Secretary and other agencies pursuant to this 
45 

•S 360 RS 

1 section, and the regional advisory committees shall 

2 identify research, technical assistance and informa3 tion needs and priorities. The regional advisory com4 mittees are not subject to the requirements of the Fed5 eral Advisory Committee Act (5 U.S.C. App.).’’; and 

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

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

8 advisory committees concerning the development of a coast9 al resources assessment and information program to sup10 port development and maintenance of integrated coastal re11 source assessments of state natural, cultural and economic 

12 attributes, and coastal information programs for the collec13 tion and dissemination of data and information, product 

14 development, and outreach based on the needs and priorities 

15 of coastal and ocean managers and user groups. 

16 ‘‘(2) The Secretary shall assist coastal states in identi17 fying and obtaining financial and technical assistance from 

18 other Federal agencies and may make grants to states in 

19 carrying out the purpose of this section and to provide on20 going support for state resource assessment and information 

21 programs.’’. 

22 (b) CONFORMING AMENDMENT.—The section heading 

23 for section 310 (16 U.S.C. 1456c) is amended to read as 

24 follows: 
46 

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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 fre7 quently than every 5 years, of the administration, im8 plementation, 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’’; and 

17 (5) by inserting ‘‘coordinated with National Es18 tuarine Research Reserves in the state,’’ after 

19 ‘‘303(2)(A) through (K),’’. 

20 SEC. 15. WALTER B. JONES AWARDS. 

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

22 (1) by striking ‘‘shall, using sums in the Coastal 

23 Zone Management Fund established under section 

24 308’’ in subsection (a) and inserting ‘‘may, using 

25 sums available under this Act’’; 
47 

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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 by 

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

18 areas protected by Federal, state, and community partner19 ships which promotes informed management of the Nation’s 

20 estuarine and coastal areas through interconnected pro21 grams 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— 
48 

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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 interpreta7 tion; and’’; in subparagraph (C) and inserting ‘‘edu8 cation, interpretation, training, and demonstration 

9 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 insert15 ing ‘‘conduct of research, education, and resource 

16 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 re24 source stewardship programs’’; 
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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 of’’ 

6 in paragraph (3); 

7 (9) by striking ‘‘research purposes;’’ in para8 graph (3) and inserting ‘‘research, education, and re9 source stewardship purposes;’’; 

10 (10) by striking ‘‘research efforts’’ in paragraph 

11 (4) and inserting ‘‘research, education, and resource 

12 stewardship efforts’’; 

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

14 and inserting ‘‘research, education, and resource stew15 ardship’’; and 

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

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

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

19 the subsection caption and inserting ‘‘ESTUARINE RE20 SEARCH, EDUCATION, AND RESOURCE STEWARD21 SHIP.—’’; 

22 (2) by striking ‘‘research purposes’’ and insert23 ing ‘‘research, education, and resource stewardship 

24 purposes’’; 
50 

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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 System 

5 in conducting or supporting activities relating to es6 tuaries;’’; 

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

8 inserting ‘‘research, education, and resource steward9 ship activities; and’’; and 

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

11 ‘‘(3) establishing partnerships with other Federal 

12 and state estuarine management programs to coordi13 nate 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 (1)(A)(i) 

16 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 and 

20 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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1 ‘‘(i) supporting research and moni2 toring associated with a national estuarine 

3 reserve that are consistent with the research 

4 guidelines developed under subsection (c); or 

5 ‘‘(ii) conducting educational, interpre6 tive, or training activities for a national es7 tuarine reserve that are consistent with the 

8 education guidelines developed under sub9 section (c).’’; 

10 (5) by striking ‘‘therein or $5,000,000, whichever 

11 amount is less.’’ in paragraph (3)(A) and inserting 

12 ‘‘therein. Non-Federal costs associated with the pur13 chase of any lands and waters, or interests therein, 

14 which are incorporated into the boundaries of a re15 serve up to 5 years after the costs are incurred, may 

16 be used to match the Federal share.’’; 

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

18 (7) by striking ‘‘paragraph (1)(A)(iii)’’ in para19 graph (3)(B) and inserting ‘‘paragraph (1)(B)’’; 

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

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

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

23 ‘‘(4) The Secretary may— 

24 ‘‘(A) enter into cooperative agreements, fi25 nancial agreements, grants, contracts, or other 
52 

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1 agreements with any nonprofit organization, au2 thorizing the organization to solicit donations to 

3 carry out the purposes and policies of this sec4 tion, other than general administration of re5 serves or the System and which are consistent 

6 with the purposes and policies of this section; 

7 and 

8 ‘‘(B) accept donations of funds and services 

9 for use in carrying out the purposes and policies 

10 of this section, other than general administration 

11 of reserves or the System and which are con12 sistent with the purposes and policies of this sec13 tion. 

14 Donations accepted under this section shall be consid15 ered as a gift or bequest to or for the use of the United 

16 States for the purpose of carrying out this section.’’. 

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

18 by inserting ‘‘coordination with other state programs estab19 lished under sections 306 and 309A,’’ after ‘‘including’’. 

20 SEC. 17. COASTAL ZONE MANAGEMENT REPORTS. 

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

22 (1) by striking ‘‘to the President for transmittal’’ 

23 in subsection (a); 

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

25 effectiveness of financial assistance under section 308 
53 

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1 in dealing with such consequences;’’ and inserting 

2 ‘‘zone;’’ in subsection (a)(10); 

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

4 subsection (a)(12); 

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

6 of subsection (c)(1) and inserting ‘‘Secretary, in con7 sultation with coastal states, and with the participa8 tion of affected Federal agencies,’’; 

9 (5) by striking the second sentence of subsection 

10 (c)(1) and inserting the following: ‘‘The Secretary, in 

11 conducting such a review, shall coordinate with, and 

12 obtain the views of, appropriate Federal agencies.’’; 

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

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

15 date of enactment of the Coastal Zone Enhancement 

16 Reauthorization Act of 2005,’’; and 

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

18 following: ‘‘If sufficient funds and resources are not 

19 available to conduct such a review, the Secretary shall 

20 so notify the Congress.’’. 

21 SEC. 18. AUTHORIZATION OF APPROPRIATIONS. 

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

23 (1) by striking paragraphs (1) and (2) of sub24 section (a) and inserting the following: 
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1 ‘‘(1) for grants under sections 306, 306A, and 

2 309— 

3 ‘‘(A) $90,500,000 for fiscal year 2006, 

4 ‘‘(B) $94,000,000 for fiscal year 2007, 

5 ‘‘(C) $98,000,000 for fiscal year 2008, 

6 ‘‘(D) $102,000,000 for fiscal year 2009, and 

7 ‘‘(E) $106,000,000 for fiscal year 2010; 

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

9 ‘‘(A) $29,000,000 for fiscal year 2006, 

10 ‘‘(B) $30,000,000 for fiscal year 2007, 

11 ‘‘(C) $31,000,000 for fiscal year 2008, 

12 ‘‘(D) $32,000,000 for fiscal year 2009, and 

13 ‘‘(E) $32,000,000 for fiscal year 2010, 

14 of which $10,000,000, or 35 percent, whichever is less, 

15 shall be for purposes set forth in section 309A(a)(5); 

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

17 ‘‘(A) $37,000,000 for fiscal year 2006, 

18 ‘‘(B) $38,000,000 for fiscal year 2007, 

19 ‘‘(C) $39,000,000 for fiscal year 2008, 

20 ‘‘(D) $40,000,000 for fiscal year 2009, and 

21 ‘‘(E) $41,000,000 for fiscal year 2010, 

22 of which up to $15,000,000 may be used by the Sec23 retary in each of fiscal years 2006 through 2010 for 

24 grants to fund construction and acquisition projects 

25 at estuarine reserves designated under section 315; 
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1 ‘‘(4) for costs associated with administering this 

2 title, $7,500,000 for fiscal year 2006, $7,750,000 for 

3 fiscal year 2007, $8,000,000 for fiscal year 2008, 

4 $8,250,000, for fiscal year 2009, and $8,500,000 for 

5 fiscal year 2010; and 

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

7 State pilot projects to implement resource assessment 

8 and information programs, $6,000,000 for each of fis9 cal years 2006 and 2007.’’; 

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

11 and inserting ‘‘306.’’; 

12 (3) by striking ‘‘during the fiscal year, or during 

13 the second fiscal year after the fiscal year, for which’’ 

14 in subsection (c) and inserting ‘‘within 3 years from 

15 when’’; 

16 (4) by striking ‘‘under the section for such re17 verted amount was originally made available.’’ in 

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

19 Act.’’; and 

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

21 ‘‘(d) PURCHASE OF OTHERWISE UNAVAILABLE FED22 ERAL PRODUCTS AND SERVICES.—Federal funds allocated 

23 under this title may be used by grantees to purchase Federal 

24 products and services not otherwise available. 
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1 ‘‘(e) RESTRICTIONS ON USE OF AMOUNTS.—Except for 

2 funds appropriated under subsection (a)(4), amounts ap3 propriated under this section shall be available only for 

4 grants to States and shall not be available for other pro5 gram, administrative, or overhead costs of the National Oce6 anic and Atmospheric Administration or the Department 

7 of Commerce.’’. 

8 SEC. 19. DEADLINE FOR DECISION ON APPEALS OF CON9 SISTENCY DETERMINATION. 

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

11 amended to read as follows: 

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

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

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

15 determination under section 307, the Secretary shall pub16 lish an initial notice in the Federal Register. 

17 ‘‘(b) CLOSURE OF RECORD.— 

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

19 270-day period beginning on the date of publication 

20 of an initial notice under subsection (a), except as 

21 provided in paragraph (3), the Secretary shall imme22 diately close the decision record and receive no more 

23 filings on the appeal. 

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

25 record, the Secretary shall immediately publish a no-
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1 tice in the Federal Register that the administrative 

2 record has been closed. 

3 ‘‘(3) EXCEPTION.— 

4 ‘‘(A) IN GENERAL.—Subject to subpara5 graph (B), during the 270-day period described 

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

7 closing of the decision record— 

8 ‘‘(i) for a specific period mutually 

9 agreed to in writing by the appellant and 

10 the State agency; or 

11 ‘‘(ii) as the Secretary determines nec12 essary to receive, on an expedited basis— 

13 ‘‘(I) any supplemental informa14 tion specifically requested by the Sec15 retary to complete a consistency review 

16 under this Act; or 

17 ‘‘(II) any clarifying information 

18 submitted by a party to the proceeding 

19 related to information already existing 

20 in the sole record. 

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

22 only stay the 270-day period described in para23 graph (1) once and for a period not to exceed 60 

24 days. 

25 ‘‘(c) DEADLINE FOR DECISION.— 
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1 ‘‘(1) IN GENERAL.—Not later than 90 days after 

2 the date of publication of a Federal Register notice 

3 stating when the decision record for an appeal has 

4 been closed, the Secretary shall issue a decision or 

5 publish a notice in the Federal Register explaining 

6 why a decision cannot be issued at that time. 

7 ‘‘(2) SUBSEQUENT DECISION.—Not later than 45 

8 days after the date of publication of a Federal Reg9 ister notice explaining why a decision cannot be 

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

11 issue a decision.’’. 

12 (b) EFFECTIVE DATE.—The amendment made by sub13 section (a) applies with respect to appeals under subsection 

14 (c) or (d) of section 307 of the Coastal Zone Management 

15 Act of 1972 (16 U.S.C. 1456) filed after the date of enact16 ment of this Act. 

17 (c) SPECIAL RULE FOR APPEALS FILED ON OR BE18 FORE DATE OF ENACTMENT.—The Secretary of Com19 merce— 

20 (1) shall close the administrative record for any 

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

22 the Coastal Zone Management Act of 1972 (16 U.S.C. 

23 1456) that was filed on or before the date of enact24 ment of this Act within 180 days after such date of 

25 enactment but not earlier than December 31, 2006; 
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1 (2) may not receive any additional filing with 

2 respect to such an appeal; and 

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

4 90 days after closing the administrative record. 

5 SEC. 20. COORDINATION WITH FEDERAL ENERGY REGU6 LATORY COMMISSION. 

7 Within 180 days after the date of enactment of this 

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

9 the Congress on the development of a memorandum of un10 derstanding with the Commissioner of the Federal Energy 

11 Regulatory Commission for a coordinated process for review 

12 of coastal energy activities that provides for— 

13 (1) improved coordination among Federal, re14 gional, State, and local agencies concerned with con15 ducting reviews under the Coastal Zone Management 

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

17 (2) coordinated schedules for such reviews that 

18 ensures that, where appropriate, the reviews are per19 formed concurrently. 
Calendar No. 211 

109TH CONGRESS 

1ST SESSION S. 360 

[Report No. 109–137] 

A BILL 

To amend the Coastal Zone Management Act. 

SEPTEMBER 15, 2005 

Reported with an amendment