I
107TH CONGRESS
1ST SESSION
H. R. 897
To reauthorize the Coastal Zone Management Act of 1972, and for other
purposes.
IN THE HOUSE OF REPRESENTATIVES
MARCH 6, 2001
Mr. SAXTON introduced the following bill; which was referred to the Com-
mittee on Resources, and in addition to the Committee on Transportation
and Infrastructure, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall within
the jurisdiction of the committee concerned
A BILL
To reauthorize the Coastal Zone Management Act of 1972,
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 Community
Conservation Act of 2001’’.
SEC. 2. 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.).
TITLE 
I—REAUTHORIZATION
AND AMENDMENT OF COAST-
AL ZONE MANAGEMENT ACT
OF 1972, GENERALLY
SEC. 101. COASTAL COMMUNITY CONSERVATION GRANTS.
(a) IN GENERAL.—Section 306A (16 U.S.C. 1455a)
is amended by striking so much as precedes subsection
(b) and inserting the following:
‘‘COASTAL COMMUNITY CONSERVATION GRANTS
‘‘SEC. 306A. (a)(1) The Secretary may make grants
to any coastal State for the purpose of assisting local com-
munities to carry out eligible coastal community conserva-
tion projects.
‘‘(2) Grants under this section shall be allocated to
coastal States in the same manner in which grants under
section 306 are allocated under subsection (c) of that sec-
tion.
‘‘(3) A project shall be an eligible coastal community
conservation project under this section if it—
‘‘(A) is submitted to the Secretary by the State
agency designated by the Governor pursuant to sec-
tion 306(d)(6);
‘‘(B) would be carried out in the coastal zone;
‘‘(C) would achieve at least one of the coastal
zone management objectives specified in section
303(2);
‘‘(D) would achieve at least one of the objec-
tives listed in subsection (b); and
‘‘(E) is designed and carried out in conjunction
with a qualified local entity.’’.
(b) OBJECTIVES.—Section 306A(b) (16 U.S.C.
1455a(b)) is amended—
(1) by striking the matter preceding paragraph
(1) and inserting the following:
‘‘(b) The objectives referred to in subsection
(a)(3)(D) are the following:’’;
(2) in paragraph (2) by inserting ‘‘or historic’’
after ‘‘urban’’; and
(3) by striking paragraph (4) and inserting the
following:
‘‘(4) The preservation, restoration, enhance-
ment, or creation of coastal habitats.
‘‘(5) The preparation of plans that promote
coastal community revitalization and the goal stated
in section 303(1).
‘‘(6) Coordination and implementation of coast-
al nonpoint pollution control program components
and activities that reduce the causes and impacts of
polluted runoff on coastal waters and habitat.’’.
(c) 
USE.—Section 
306A(c)(2) 
(16 
U.S.C.
1455a(c)(2)) is amended by striking ‘‘and’’ after the semi-
colon at the end of subparagraph (D), striking the period
at the end of subparagraph (E) and inserting a semicolon,
and adding at the end the following:
‘‘(F) purchase and distribution of cultch mate-
rial;
‘‘(G) work, resources, or technical support nec-
essary to restore, enhance, or create coastal habitat
or to prepare plans that promote coastal community
revitalization and the goal stated in section 303(1);
and
‘‘(H) the coordination and implementation of a
coastal nonpoint pollution control program.’’.
(d) MISCELLANEOUS PROVISIONS.—Section 306A
(16 U.S.C. 1455a) is amended by striking subsections (d),
(e), and (f) and inserting the following:
‘‘(d)(1) As a condition of providing a grant under this
section to a coastal State, the Secretary shall require the
coastal State to provide matching funds according to the
ratio of Federal-to-State contributions that applies under
section 306(a).
‘‘(2) If the Secretary finds that a State or qualified
local entity is not undertaking the actions it committed
to under the terms of a grant under this section, the Sec-
retary shall suspend the State or qualified local entity’s
eligibility for further funding under this section for at
least 1 year.
‘‘(e)(1) With the approval of the Secretary, a coastal
State may allocate to any qualified local entity amounts
received by the State as a grant under this section.
‘‘(2) A coastal State shall ensure that amounts allo-
cated by the State under paragraph (1) are used by the
qualified local entity in furtherance of the State’s ap-
proved management program.
‘‘(f) The Secretary shall assist eligible coastal States
and qualified local entities in those States in identifying
and obtaining from other Federal agencies technical and
financial assistance in achieving the objectives set forth
in subsection (b).
‘‘(g) For purposes of this section:
‘‘(1) The term ‘qualified local entity’ means—
‘‘(A) any local government;
‘‘(B) any areawide agency referred to in
section 204(a)(1) of the Demonstration Cities
and Metropolitan Development Act of 1966 (42
U.S.C. 3334(a)(1));
‘‘(C) any regional agency;
‘‘(D) any interstate agency; and
‘‘(E) any reserve established under section
315.
‘‘(2) The term ‘eligible coastal State’ means a
coastal State that for any fiscal year for which a
grant is applied for under this section—
‘‘(A) has a management program approved
under section 306; and
‘‘(B) is considered by the Secretary to be
making satisfactory progress in activities de-
signed to result in significant improvement in
achieving the coastal management objectives
specified in section 302(2).
‘‘(3) The term ‘urban or historic waterfront and
port’ means any developed area that is densely popu-
lated or historically significant and is being used for,
or has been used for, residential, recreational, com-
mercial, shipping, or industrial purposes.
‘‘(4) The term ‘coastal nonpoint pollution con-
trol program’ means a program under section
6217(b) of the Coastal Zone Act Reauthorization
Amendments of 1990 (16 U.S.C. 1455b(b)).’’.
(e) CONFORMING AMENDMENT.—Section 303(2) (16
U.S.C. 1452(2)) is amended in the matter preceding sub-
paragraph (A) by striking ‘‘the states’’ in the first line
and inserting ‘‘State and local entities’’.
SEC. 102. COASTAL ZONE MANAGEMENT FUND.
(a) IN GENERAL.—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
subsection—
‘‘(A) shall be retained by the Secretary and de-
posited into the Coastal Zone Management Fund es-
tablished under subsection (b); and
‘‘(B) subject to amounts provided in appropria-
tion Acts, shall be available to the Secretary for pur-
poses of this title and transferred to the Operations,
Research and Facilities account 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)’’.
(b) CONFORMING AMENDMENT.—Section 2(b)(2) of
the Coastal Zone Protection Act of 1996 (Public Law
104–150; 110 Stat. 1380) is repealed.
SEC. 103. AMENDMENTS RELATING TO COASTAL ZONE EN-
HANCEMENT GRANTS.
Section 309 (16 U.S.C. 1456b) is amended—
(1) in subsection (a) by adding at the end the
following:
‘‘(10) The development of a coordinated process
among State agencies to regulate and issue permits
for aquaculture facilities in the coastal zone.
‘‘(11) Addressing any issue that is identified by
a coastal State, in consultation with the Secretary
and relevant qualified local entities (as that term is
defined in section 306A), to be a significant emerg-
ing coastal issue.’’; and
(2) by striking subsections (c) through (g) and
inserting the following:
‘‘(c) As a condition of providing a grant under this
section to a coastal State, the Secretary shall require the
State to provide matching funds according to a 1-to-1
ratio of Federal-to-State contributions.
‘‘(d) Grants under this section shall be allocated to
coastal States in the same manner in which grants under
section 306 are allocated under subsection (c) of that sec-
tion.
‘‘(e) If the Secretary finds that a coastal State is not
taking actions committed to by the State under the terms
of a grant to the State under this section, the Secretary
shall suspend the eligibility of the State for further fund-
ing under this section for at least one year.’’.
SEC. 104. 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)(1) The Secretary may implement a program to
promote excellence in coastal zone management by identi-
fying and making awards acknowledging outstanding ac-
complishments 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. 105. REPORTS.
Section 316 (16 U.S.C. 1462) is amended—
(1) by striking ‘‘to the President for trans-
mittal’’; and
(2) by striking clause (10) and redesignating
clauses (11), (12), and (13) in order as clauses (10),
(11), and (12).
SEC. 106. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL.—Section 318(a)(1) (16 U.S.C.
1464(a)(1)) is amended to read as follows:
‘‘(1) for grants under sections 306 and 309, for
expenses incidental to the administration of this
title, and for awards under section 314, such sums
as may be necessary for each of fiscal years 2002,
2003, 2004, 2005, and 2006;’’.
(b) REVERSION OF GRANTS; PURCHASES FROM GOV-
ERNMENT.—Section 318 (16 U.S.C. 1464) is amended by
striking subsection (c) and inserting the following:
‘‘(c) The amount of any grant, or portion of a grant,
made to a State under any section of this title that is not
obligated by the State within 3 years after the date it is
first authorized to be obligated by the State shall revert
to the Secretary. The Secretary shall add such reverted
amount to the funds available for grants to States under
this title.
‘‘(d) Federal funds allocated under this title may be
used by grantees to purchase Federal products and serv-
ices not otherwise available.
‘‘(e) Of the amounts appropriated under subsection
(a), no less than 10 percent and no more than 15 percent
may be used to carry out section 309.’’.
(c) SET-ASIDE FOR PROGRAM IMPLEMENTATION.—
Section 318 (16 U.S.C. 1464) is further amended by add-
ing at the end the following:
‘‘(f) Of amounts available each fiscal year for grants
under section 306A, $10,000,000, or 35 percent, which-
ever is less, shall be for grants for eligible coastal commu-
nity conservation projects that would achieve the objective
set forth in section 306A(b)(6).’’.
(d) RESTRICTION ON USE OF AMOUNTS FOR PRO-
GRAM, ADMINISTRATIVE, OR OVERHEAD COSTS.—Section
318 (16 U.S.C. 1464) is further amended by adding at
the end the following:
‘‘(g) Except for funds appropriated under paragraph
(4) of subsection (a), amounts appropriated under this
section shall be available only for grants to States and
shall not be available for other program, administrative,
or overhead costs of the National Oceanic and Atmos-
pheric Administration or the Department of Commerce.’’.
SEC. 107. TECHNICAL CORRECTIONS.
The Coastal Zone Management Act of 1972 is
amended—
(1) in section 302(f) (16 U.S.C. 1451(f)) by
striking the semicolon at the end and inserting a pe-
riod;
(2) in section 303(2) (16 U.S.C. 1452(2))—
(A) in subparagraph (B) by striking the
period at the end and inserting a comma; and
(B) in subparagraph (J) by striking ‘‘agen-
cies and State and wildlife’’ and inserting ‘‘and
wildlife management’’;
(3) in section 304(5) (16 U.S.C. 1453(5)) by
striking the semicolon and inserting a colon;
(4) in section 306(d)(10)(A) (16 U.S.C.
1455(d)(10)(A)) by inserting a comma after ‘‘devel-
opment’’;
(5) by striking ‘‘coastal state’’ each place it ap-
pears and inserting ‘‘coastal State’’;
(6) by striking ‘‘coastal states’’ each place it
appears and inserting ‘‘coastal States’’;
(7) by striking ‘‘coastal state’s’’ each place it
appears and inserting ‘‘coastal State’s’’;
(8) 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’’;
(9) 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
(10) 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
inserting ‘‘State’s’’.
SEC. 108. COASTAL ZONE MANAGEMENT OUTCOME INDICA-
TORS AND MONITORING AND PERFORMANCE
EVALUATION SYSTEM.
(a) IN GENERAL.—The Secretary of Commerce
shall—
(1) by not later than 24 months after the first
date amounts are available to carry out this section,
submit to the Committee on Resources of the House
of Representatives a common set of measurable out-
come indicators to evaluate the effectiveness of State
coastal zone management programs in the achieve-
ment of the coastal management objectives specified
in section 303(2)(A) through (J) of the Coastal
Zone Management Act of 1972 (16 U.S.C.
1452(2)(A)–(J)); and
(2) by not later than 48 months after such
date, establish a national coastal zone management
outcome monitoring and performance evaluation sys-
tem using the common set of indicators prepared
under paragraph (1).
(b) CONSULTATION.—
(1) IN
GENERAL.—In preparing each report
under subsection (a), the Secretary shall consult
with and provide a copy of the draft report to each
coastal State, through the Governor of the State or
the head of the State agency designated by the Gov-
ernor pursuant to section 306(d)(6) of the Coastal
Zone Management Act of 1972 (16 U.S.C.
1455(d)(6)).
(2) STATE COMMENTS.—The Secretary shall in-
clude in each final report any State comments on
the draft report.
(c) AUTHORIZATION OF APPROPRIATIONS.—To carry
out this section there are authorized to be appropriated
to the Secretary of Commerce $1,000,000 for each of fis-
cal years 2002 and 2003.
‘‘(i) enter into cooperative agreements or
contracts, with, or make grants to, any non-
profit organization established to benefit a re-
serve, authorizing the organization to solicit do-
nations to carry out projects, other than general
administration of the reserve or the System,
that are consistent with the purpose of the re-
serve 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)(2) regard-
ing that area no longer exists; or
‘‘(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).
‘‘(g) REPORT.—Every 2 years the Secretary shall re-
port to the Committee on Resources of the House of Rep-