I 
108TH CONGRESS 
1ST SESSION H. R. 1026
To amend the Coastal Zone Management Act of 1972 to reauthorize coastal 
services, training, education, and technical support programs of the Na-
tional Oceanic and Atmospheric Administration, to establish a perform-
ance evaluation system for such administration, 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 
reauthorize coastal services, training, education, and 
technical support programs of the National Oceanic and 
Atmospheric Administration, to establish a performance 
evaluation system for such administration, 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 ‘‘Coastal Services and 
Performance Evaluation Act of 2003’’.
SEC. 2. TABLE OF CONTENTS. 
The table of contents for this Act is as follows:
Sec. 1. Short title. 
Sec. 2. Table of contents. 
Sec. 3. Amendment of Coastal Zone Management Act of 1972. 
Sec. 4. Policy. 
Sec. 5. Coastal Zone Management Fund. 
Sec. 6. Coastal services. 
Sec. 7. Review of performance. 
Sec. 8. Amendments relating to Walter B. Jones Awards for Excellence in 
Coastal Zone Management. 
Sec. 9. Reports. 
Sec. 10. Authorization of appropriations. 
Sec. 11. Technical corrections. 
Sec. 12. Coastal zone management outcome indicators and monitoring and per-
formance evaluation system.
SEC. 3. AMENDMENT OF COASTAL ZONE MANAGEMENT ACT 
OF 1972. 
Except as otherwise expressly provided, whenever in 
this Act an amendment or repeal is expressed in terms 
of an amendment to, or repeal of, a section or other provi-
sion, the reference shall be considered to be made to a 
section or other provision of the Coastal Zone Manage-
ment Act of 1972 (16 U.S.C. 1451 et seq.). 
SEC. 4. POLICY. 
Section 303 (16 U.S.C. 1452) is amended in para-
graph (2)(J) by striking ‘‘State’’ the second place it ap-
pears and inserting ‘‘State and Federal fish’’. 
SEC. 5. COASTAL ZONE MANAGEMENT FUND. 
Section 308 (16 U.S.C. 1456a) is amended—
(1) in subsection (a) by striking paragraph (2) 
and inserting the following:
‘‘(2) Loan repayments made pursuant to this sub-
section—
‘‘(A) shall be retained by the Secretary and 
deposited into the Coastal Zone Management 
Fund established under subsection (b); and 
‘‘(B) subject to amounts provided in ap-
propriation Acts, shall be available to the Sec-
retary for purposes of this title and transferred 
to the Operations, Research, and Facilities ac-
count to offset the costs of implementing this 
title.’’; and 
(2) in subsection (b)—
(A) by striking paragraphs (2) and (3); 
and 
(B) by striking ‘‘(b)(1)’’ and inserting 
‘‘(b)’’. 
SEC. 6. COASTAL SERVICES. 
Section 310 (16 U.S.C. 1456c) is amended—
(1) by striking so much as precedes subsection 
(b) and inserting the following:
‘‘COASTAL SERVICES, TRAINING, EDUCATION, AND 
TECHNICAL SUPPORT 
‘‘SEC. 310. (a)(1) The Secretary shall conduct a pro-
gram of training, education, technical assistance, tech-
nology transfer, management-oriented research, and other 
services to support—
‘‘(A) State coastal management programs and 
national estuarine reserves designated under this 
title; and 
‘‘(B) other Federal agencies, local governments, 
Indian tribes, other persons, and international coop-
erative efforts relating to the comprehensive plan-
ning, conservation, and management of ocean and 
coastal resources. 
‘‘(2) The Secretary may, in implementing this pro-
gram, take into consideration the need to address regional 
or local concerns, including the unique needs of island 
States and territories, in order to provide effective and ef-
ficient support and develop expertise. 
‘‘(3) The Secretary shall coordinate the technical as-
sistance, studies, management-oriented research, and 
other activities under this section with any other relevant 
activities conducted by or subject to the authority of the 
Secretary.’’; 
(2) in subsection (b) by inserting ‘‘COORDINA-
TION AND CONSULTATION.—’’ after ‘‘(b)’’; and 
(3) by adding at the end the following: 
‘‘(c) ASSISTANCE FROM OTHER AGENCIES AND PER-
SONS.—(1) Each department, agency, and instrumentality 
of the executive branch of the Federal Government may 
assist the Secretary, on a reimbursable basis or otherwise,
in carrying out the purposes of this section, including the 
furnishing of information to the extent permitted by law, 
the transfer of personnel with their consent and without 
prejudice to their position and rating, and the perform-
ance of any research, study, and technical assistance that 
does not interfere with the performance of the primary 
duties of such department, agency, or instrumentality. 
‘‘(2) The Secretary may enter into contracts or other 
arrangements with other Federal agencies and any other 
qualified person for the purposes of carrying out this sec-
tion.’’. 
SEC. 7. REVIEW OF PERFORMANCE. 
Section 312 (16 U.S.C. 1458) is amended by striking 
‘‘SEC. 312.’’ and all that follows through subsection (a) 
and inserting the following: 
‘‘SEC. 312. (a) REVIEW.—No less than every 5 years, 
the Secretary shall conduct a review of the performance 
of a coastal State’s management program. Each review 
shall include a written evaluation with an assessment and 
detailed findings concerning the extent to which the State 
has implemented and enforced the program approved by 
the Secretary, addressed the coastal management needs 
identified in section 303(2)(A) through (K), met any out-
come indicators established by the Secretary under section 
12 of the Coastal Services and Performance Evaluation
Act of 2003, and adhered to the terms of any grant, loan, 
or cooperative agreement funded under this title.’’. 
SEC. 8. AMENDMENTS RELATING TO WALTER B. JONES 
AWARDS 
FOR 
EXCELLENCE 
IN 
COASTAL 
ZONE MANAGEMENT. 
Section 314 (16 U.S.C. 1460) is amended—
(1) by amending subsection (a) to read as fol-
lows: 
‘‘(a) AUTHORIZATION OF PROGRAM.—(1) The Sec-
retary may implement a program to promote excellence 
in coastal zone management by identifying and making 
awards acknowledging outstanding accomplishments in 
the field of coastal zone management. An award under this 
section shall be known as a ‘Walter B. Jones Award’. 
‘‘(2) Awards under this section may include, subject 
to the availability of appropriations—
‘‘(A) cash awards of not more than $5,000 
each; 
‘‘(B) research grants; and 
‘‘(C) public ceremonies to acknowledge accom-
plishments in the field of coastal zone manage-
ment.’’;
(2) in subsection (b) in the matter preceding 
paragraph (1), by striking ‘‘shall elect annually’’ and
inserting ‘‘may select annually for an award under 
this section’’; and 
(3) by repealing subsection (e). 
SEC. 9. REPORTS. 
Section 316(a) (16 U.S.C. 1462(a)) is amended—
(1) in subsection (a)—
(A) by striking ‘‘to the President for trans-
mittal’’; and 
(B) in clause (10) by striking ‘‘and an 
evaluation of the effectiveness of financial as-
sistance under section 308 in dealing with such 
consequences’’; and 
(2) by amending subsection (c) to read as fol-
lows: 
‘‘(c) STATE OF THE COAST REPORT.—Not less than 
24 months after the date of the enactment of this sub-
section, and not less than every 24 months thereafter, the 
Secretary shall provide a coastal status report to the Con-
gress that includes the following: 
‘‘(1) An assessment of the ecological status and 
trends of United States marine resources. 
‘‘(2) An identification and analysis of the 
changes in those status and trends since the pre-
vious report.
‘‘(3) An identification and assessment of Gov-
ernment performance measures that track the status 
and trends of United States marine resources. 
‘‘(4) An evaluation of the adequacy of marine 
resource monitoring and assessment programs.’’. 
SEC. 10. AUTHORIZATION OF APPROPRIATIONS. 
Section 318(a) (16 U.S.C. 1464(a)) is amended—
(1) in paragraph (1) by striking ‘‘and’’ after 
the semicolon at the end; 
(2) in paragraph (2) by striking the period at 
the end and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(3) to carry out section 310 and for awards 
under section 314—
‘‘(A) $28,000,000 for fiscal year 2004; 
‘‘(B) $29,000,000 for fiscal year 2005; and 
‘‘(C) $30,000,000 for each of fiscal years 
2006 through 2008.’’. 
SEC. 11. TECHNICAL CORRECTIONS. 
The Coastal Zone Management Act of 1972 is 
amended—
(1) in section 304(5) (16 U.S.C. 1453(5)) by 
striking the semicolon and inserting a colon;
(2) in section 306(a), as redesignated by this 
Act, in paragraph (10)(A) by inserting a comma 
after ‘‘development’’; 
(3) by striking ‘‘coastal state’’ each place it ap-
pears and inserting ‘‘coastal State’’; 
(4) by striking ‘‘coastal states’’ each place it 
appears and inserting ‘‘coastal States’’; 
(5) by striking ‘‘coastal state’s’’ each place it 
appears and inserting ‘‘coastal State’s’’; 
(6) by striking the term ‘‘state’’ each place it 
appears in reference to a State of the United States 
(other than in the term ‘‘coastal state’’) and insert-
ing ‘‘State’’; 
(7) by striking the term ‘‘states’’ each place it 
appears in reference to States of the United States 
(other than in the term ‘‘coastal states’’) and insert-
ing ‘‘States’’; and 
(8) by striking the term ‘‘state’s’’ each place it 
appears in reference to a State of the United States 
(other than in the term ‘‘coastal state’s’’) and in-
serting ‘‘State’s’’. 
SEC. 12. COASTAL ZONE MANAGEMENT OUTCOME INDICA-
TORS AND MONITORING AND PERFORMANCE 
EVALUATION SYSTEM.
(a) IN GENERAL.—
(1) PERFORMANCE GUIDELINES AND EVALUA-
TION.—The Secretary of Commerce shall, by not 
later than 1 year after the date of enactment of this 
Act, submit to the Committee on Resources of the 
House of Representatives a report identifying a com-
mon set of measurable outcome indicators to evalu-
ate the performance of State coastal zone manage-
ment programs in furthering the goals and objec-
tives identified in the States’ approved coastal man-
agement programs, and in the achievement of the 
national policy declared in section 303 of the Coastal 
Zone Management Act of 1972 (16 U.S.C. 1452). 
(2) ASSESSMENT
OF
COASTAL
AND
MARINE 
MONITORING, ASSESSMENT, AND OTHER INFORMA-
TION.—The Secretary shall, by not later than 2 
years after the date of enactment of this Act, submit 
to the Committee on Resources of the House of Rep-
resentatives a report providing—
(A) an assessment of the adequacy of 
coastal and marine monitoring, assessment, and 
other information necessary to establish a 
coastal zone management outcome monitoring 
and performance evaluation system; and
(B) recommendations for improving the 
availability of such information, including fund-
ing needs. 
(3) OUTCOME MONITORING AND PERFORMANCE 
EVALUATION SYSTEM.—The Secretary shall, by not 
later than 3 years after the date of the enactment 
of this Act, establish a national coastal zone man-
agement outcome monitoring and performance eval-
uation system that uses the common set of indica-
tors identified in the report under paragraph (1). 
(b) CONSULTATION.—
(1) STATE CONSULTATION.—In preparing each 
of the reports under subsection (a), the Secretary 
shall consult with and provide a copy of the draft re-
port to each coastal State, through the Governor of 
the State or the head of the State agency designated 
by such Governor pursuant to section 310(d)(6) of 
the Coastal Zone Management Act of 1972 (16 
U.S.C. 1455(d)(6)). 
(2) PUBLIC COMMENT AND PARTICIPATION.—
The Secretary shall also implement a public process 
to solicit the views and comments of Federal agen-
cies, local governments, regional organizations, port 
authorities, and other interested public and private 
persons regarding such reports, and shall make
available to such persons copies of each draft of such 
reports for review and comment. 
(3) RESPONSE TO COMMENTS.—The Secretary 
shall include in each final report under subsection 
(a)—
(A) any comments on each draft of the re-
port received from a Governor or the head of 
such a designated State agency, and the Sec-
retary’s responses to such comments; and 
(B) a summary of other public comments 
regarding the report, and the Secretary’s re-
sponse to those comments. 
(c) AUTHORIZATION OF APPROPRIATIONS.—To carry 
out this section, there are authorized to be appropriated 
to the Secretary $1,000,000 for each of the fiscal years 
2004, 2005, and 2006.
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