I 
108TH CONGRESS 
1ST SESSION H. R. 1025
To amend the Coastal Zone Management Act of 1972 to establish the 
National Estuarine Reserve System, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 27, 2003
Mr. SAXTON introduced the following bill; which was referred to the 
Committee on Resources 
A BILL 
To amend the Coastal Zone Management Act of 1972 to 
establish the National Estuarine Reserve System, and 
for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘National Estuarine 
Reserve System Act of 2003’’. 
SEC. 2. ESTABLISHMENT OF NATIONAL ESTUARINE RE-
SERVE SYSTEM. 
(a) POLICY.—Section 303 of the Coastal Zone Man-
agement Act of 1972 (16 U.S.C. 1452) is amended—
(1) in paragraph (5) by striking ‘‘and’’ after 
the semicolon; 
(2) in paragraph (6) by striking the period at 
the end and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(7) to use the National Estuarine Reserve Sys-
tem established under section 315 to improve the 
understanding, stewardship, and management of 
coastal and estuarine resources, including the devel-
opment, application, and transfer to local, State, and 
Federal resources managers of innovative coastal 
and estuarine resources management technologies 
and techniques.’’. 
(b) DEFINITION OF RESOURCE STEWARDSHIP.—Sec-
tion 304 of such Act (16 U.S.C. 1453) is amended by add-
ing at the end the following: 
‘‘(19) The term ‘resource stewardship’ means the im-
plementation of management, research, and public edu-
cation and outreach methods and techniques to ensure the 
long-term conservation of fish, wildlife, and plant re-
sources and the maintenance of biological integrity, diver-
sity, and environmental health of coastal and estuarine re-
sources.’’.
(c) NATIONAL ESTUARINE RESERVE SYSTEM.—Sec-
tion 315 of such Act (16 U.S.C. 1461) is amended to read 
as follows: 
‘‘NATIONAL ESTUARINE RESERVE SYSTEM 
‘‘SEC. 315. (a) ESTABLISHMENT OF THE SYSTEM.—
‘‘(1) IN
GENERAL.—There is established the 
National Estuarine Reserve System. The System 
shall consist of—
‘‘(A) each component of the National Estu-
arine Research Reserve System established by 
this section, as in effect immediately before the 
enactment of the National Estuarine Reserve 
System Act of 2003; and 
‘‘(B) each national estuarine reserve des-
ignated under this section. 
‘‘(2) PURPOSE.—The purpose of the System 
and of each reserve is to improve the understanding, 
stewardship, and management of coastal and estua-
rine resources. 
‘‘(3) DESIGNATION OF EXISTING SANCTUARIES 
AS RESERVES.—Each component of the National Es-
tuarine Research Reserve System referred to in 
paragraph (1)(A) is hereby designated as a national 
estuarine reserve.
‘‘(b) DESIGNATION OF NATIONAL ESTUARINE RE-
SERVES.—The Secretary may designate an area as a na-
tional estuarine reserve if—
‘‘(1) the area—
‘‘(A) includes any part or all of an estuary 
and any island, transitional area, and upland 
in, adjoining, or adjacent to the estuary; and 
‘‘(B) constitutes to the extent feasible a 
natural unit; 
‘‘(2) the Government of the coastal State in 
which the area is located nominates the area for that 
designation; and 
‘‘(3) the Secretary finds that—
‘‘(A) the area is a representative estuarine 
ecosystem that is suitable for long-term re-
search and contributes to the biogeographical 
and typological balance of the System; 
‘‘(B) the law of the coastal State provides 
long-term protection for reserve resources to en-
sure a stable environment for research, edu-
cation, and resource stewardship; and 
‘‘(C) designation of the area as a reserve 
will serve to enhance public awareness and un-
derstanding of coastal and estuarine resources, 
and provide suitable opportunities for edu-
cation, interpretation, training, and demonstra-
tion projects to improve management of coastal 
and estuarine resources. 
‘‘(c) COASTAL AND ESTUARINE RESEARCH, EDU-
CATION, AND RESOURCE STEWARDSHIP GUIDELINES.—
‘‘(1) IN GENERAL.—The Secretary shall develop 
guidelines for the conduct of research, education, 
and resource stewardship within the System that 
shall include—
‘‘(A) a mechanism for identifying, and es-
tablishing priorities among, the coastal and es-
tuarine management issues that should be ad-
dressed through coordinated research, edu-
cation, and resource stewardship within the 
System; 
‘‘(B) the establishment of common prin-
ciples and objectives to guide the development 
of research, education, and resource steward-
ship programs within the System; 
‘‘(C) the identification of uniform research 
methodologies which will ensure comparability 
of data, the broadest application of research re-
sults, and the maximum use of the System for 
research purposes;
‘‘(D) the establishment of performance 
standards upon which the effectiveness of the 
research, education, and resource stewardship 
efforts and the value of reserves within the Sys-
tem in addressing the coastal and estuarine 
management issues identified in subparagraph 
(A) may be measured; and 
‘‘(E) the consideration of sources of funds 
for coastal and estuarine research, education, 
and resource stewardship in addition to the 
funds authorized under this title, and strategies 
for encouraging the use of such funds within 
the System, with particular emphasis on mecha-
nisms established under subsection (d). 
‘‘(2) CONSULTATION.—In developing the guide-
lines under this section, the Secretary shall consult 
with State representatives and prominent members 
of the coastal and estuarine research, education, and 
resource stewardship community. 
‘‘(d) PROMOTION AND COORDINATION OF COASTAL 
AND
ESTUARINE
RESEARCH, EDUCATION, AND
RE-
SOURCE STEWARDSHIP.—
‘‘(1) IN GENERAL.—The Secretary shall take 
such actions as are necessary to promote and coordi-
nate the use of the System for coastal and estuarine
research, education, and resource stewardship pur-
poses. 
‘‘(2) REQUIRED ACTIONS.—Actions under this 
subsection shall include the following: 
‘‘(A) Requiring that research, education, 
and resource stewardship activities adminis-
tered or supported by the Secretary and relat-
ing to coastal and estuarine resources give pri-
ority consideration to activities that use the 
System. 
‘‘(B) Consulting with other Federal and 
State agencies to promote use of one or more 
reserves within the System by such agencies 
when conducting coastal and estuarine research, 
education, and resource stewardship activities. 
‘‘(C) Establishing partnerships with other 
Federal and State coastal and estuarine man-
agement programs to coordinate and collaborate 
on coastal and estuarine research, education, 
and resource stewardship. 
‘‘(e) FINANCIAL ASSISTANCE.—
‘‘(1) IN GENERAL.—The Secretary may, in ac-
cordance with such rules and regulations as the Sec-
retary shall promulgate, make grants—
‘‘(A) to a coastal State—
terests of the United States, including requiring 
coastal States to execute suitable title documents 
setting forth the property interest or interests of the 
United States in any lands and waters acquired in 
whole or part with such financial assistance. 
‘‘(3) 
AMOUNT
OF
ASSISTANCE.—(A) 
The 
amount of the financial assistance provided under 
paragraph (1)(A)(i) with respect to the acquisition 
of lands and waters, or interests therein, for any one 
national estuarine reserve may not exceed an 
amount equal to 50 percent of the costs of the lands, 
waters, and interests therein. 
‘‘(B)(i) Except as provided in clause (ii), the 
amount of the financial assistance provided under 
paragraph (1)(A)(ii) and paragraph (1)(B) may not 
exceed 70 percent of the costs incurred to achieve 
the purposes described in those paragraphs with re-
spect to a reserve. 
‘‘(ii) The amount of financial assistance pro-
vided for education and interpretive activities under 
paragraph (1)(A)(iii) or research and monitoring ac-
tivities under paragraph (1)(B) may be up to 100 
percent of any costs for activities that service the 
System as a whole, including System-wide moni-
toring equipment acquisition, data management, and
data synthesis; administration and synthesis of Sys-
tem-wide research programs; and graduate research 
fellowship programs. 
‘‘(C) Notwithstanding subparagraphs (A) and 
(B), financial assistance under this subsection pro-
vided from amounts recovered as a result of damage 
to natural resources located in the coastal zone may 
be used to pay 100 percent of the costs of activities 
carried out with the assistance. 
‘‘(4) DONATIONS.—(A) The Secretary may—
‘‘(i) enter into cooperative agreements or 
contracts with any nonprofit organization estab-
lished to benefit a reserve, authorizing the orga-
nization to solicit donations to carry out 
projects, other than general administration of 
the reserve or the System, that are consistent 
with the purpose of the reserve and the System; 
and 
‘‘(ii) accept donations of funds and services 
for use in carrying out projects, other than gen-
eral administration of a reserve or the System, 
that are consistent with the purpose of the re-
serve and the System. 
‘‘(B) Donations accepted under this paragraph 
shall be considered as a gift or bequest to or for the
use of the United States for carrying out this sec-
tion. 
‘‘(f) EVALUATION OF SYSTEM PERFORMANCE.—
‘‘(1) IN GENERAL.—The Secretary shall peri-
odically evaluate the operation and management of 
each reserve, including coordination with State pro-
grams established under section 306, education and 
interpretive activities, and the research being con-
ducted within the reserve. 
‘‘(2) 
SUSPENSION
OF
FINANCIAL
ASSIST-
ANCE.—If evaluation under paragraph (1) reveals 
that the operation and management of the reserve is 
deficient, or that the research, education, or resource 
stewardship being conducted within the reserve is 
not consistent with the guidelines developed under 
subsection (c), the Secretary may suspend the eligi-
bility of that reserve for financial assistance under 
subsection (e) until the deficiency or inconsistency is 
remedied. 
‘‘(3) WITHDRAWAL
OF
DESIGNATION.—The 
Secretary may withdraw the designation of an estua-
rine area as a reserve if evaluation under paragraph 
(1) reveals that—
‘‘(A) the basis for any one or more of the 
findings made under subsection (b)(3) regard-
ing that area no longer exists; 
‘‘(B) a substantial portion of the research, 
education, or resource stewardship conducted 
within the area, over a period of years, has not 
been consistent with the guidelines developed 
under subsection (c); or 
‘‘(C) the coastal State in which the area is 
located has not complied with the requirements 
of any guidelines developed under subsection 
(c). 
‘‘(g) REPORT.—Every 2 years the Secretary shall re-
port to the Committee on Resources of the House of Rep-
resentatives and the Committee on Commerce, Science, 
and Transportation of the Senate information regarding—
‘‘(1) the designation of new reserves; 
‘‘(2) the expansion of existing reserves; 
‘‘(3) the status of the research, education, and 
resource stewardship program being conducted with-
in the System; and 
‘‘(4) a summary of the evaluations made under 
subsection (f). 
‘‘(h) DEFINITIONS.—In this section:
‘‘(1) RESERVE.—The term ‘reserve’ means a 
component of the National Estuarine Reserve des-
ignated under subsection (a)(3) or (b). 
‘‘(2) SYSTEM.—The term ‘System’ means the 
National Estuarine Reserve System established by 
this section.’’. 
(d) AUTHORIZATION OF APPROPRIATIONS.—Section 
318 of such Act (16 U.S.C. 1464) is amended—
(1) in subsection (a) by striking paragraph (2) 
and inserting the following: 
‘‘(2) for grants under section 315—
‘‘(A) $35,000,000 for fiscal year 2004; 
‘‘(B) $36,000,000 for fiscal year 2005; 
‘‘(C) $37,000,000 for fiscal year 2006; 
‘‘(D) $38,000,000 for fiscal year 2007; 
and 
‘‘(E) $39,000,000 for fiscal year 2008’’; 
and 
(2) by adding at the end thereof the following: 
‘‘(d) LIMITATION ON GRANTS FOR ACQUISITION AND 
CONSTRUCTION FOR RESERVES.—The Secretary shall en-
sure that of the funds provided under paragraph (2) of 
subsection (a), no more than $15,000,000 is used for as-
sistance under section 315(e)(1)(A)(i).’’.
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