I
106TH CONGRESS
1ST SESSION
H. R. 1110
To reauthorize and amend the Coastal Zone Management Act of 1972.
IN THE HOUSE OF REPRESENTATIVES
MARCH 16, 1999
Mr. SAXTON introduced the following bill; which was referred to the Commit-
tee 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 and amend the Coastal Zone Management
Act of 1972.
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 Enhancement
Act of 1999’’.
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.).
SEC. 3. TABLE OF CONTENTS.
The table of contents of this Act is as follows:
Sec. 1. Short title.
Sec. 2. Amendment of Coastal Zone Management Act of 1972.
Sec. 3. Table of contents.
TITLE I—AMENDMENTS TO COASTAL ZONE MANAGEMENT ACT
OF 1972
Sec. 101. Program development grants.
Sec. 102. Coastal community conservation grants.
Sec. 103. Coastal zone management fund.
Sec. 104. Amendments relating to coastal zone enhancement grants.
Sec. 105. Amendments relating to Walter B. Jones Excellence in Coastal Zone
Management Awards.
Sec. 106. Reserves.
Sec. 107. Reports.
Sec. 108. Authorization of appropriations.
Sec. 109. Technical corrections.
Sec. 110. Coastal zone management outcome indicators.
TITLE II—STATE RESTRICTIONS ON PERSONAL WATERCRAFT
OPERATION
Sec. 201. Requirement to include enforceable policies in State management pro-
grams.
Sec. 202. Personal watercraft operation restrictions.
Sec. 203. Regulations.
Sec. 204. Definitions.
TITLE III—COASTAL NONPOINT POLLUTION
Sec. 301. Administrative grants.
Sec. 302. Coastal community conservation grant objective.
Sec. 303. Coastal zone enhancement grant objective.
Sec. 304. Review of performance.
TITLE 
I—AMENDMENTS 
TO
COASTAL 
ZONE 
MANAGE-
MENT ACT OF 1972
SEC. 101. PROGRAM DEVELOPMENT GRANTS.
Section 305(a) (16 U.S.C. 1454(a)) is amended—
(1) by striking ’’1997, 1998, and 1999’’ and in-
serting ‘‘2000, 2001, 2002, and 2003’’; and
(2) by adding at the end the following: ‘‘No
grant may be made under this section after Septem-
ber 30, 2003.’’.
SEC. 102. 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) Preserve, restore, enhance, or create coast-
al habitats.’’.
(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 necessary to restore, enhance, or cre-
ate coastal habitat; and
‘‘(H) comprehensive and project plans leading
to construction and other projects that are eligible
coastal community conservation projects under this
section.’’.
(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 a 1-
to-1 ratio of Federal-to-State contributions.
‘‘(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) Within 12 months after the date of enactment
of the Coastal Enhancement Act of 1999, and consistent
with the notice and participation requirements established
under section 317, the Secretary shall promulgate regula-
tions concerning coastal community conservation project
grants under this section.
‘‘(h) 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, urban residential, recreational,
commercial, shipping, or industrial purposes.’’.
(e) CONFORMING AMENDMENT.—Section 303(2) (16
U.S.C. 1452) is amended in the matter preceding subpara-
graph (A) by striking ‘‘the states’’ in the first line and
inserting ‘‘State and local entities’’.
SEC. 103. 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
Public Law 104–150 (110 Stat. 1380) is repealed.
SEC. 104. 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. 105. AMENDMENTS RELATING TO WALTER B. JONES
EXCELLENCE IN COASTAL ZONE MANAGE-
MENT AWARDS.
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 ‘‘shall select annually for an award under
this section’’; and
(3) by repealing subsection (e).
SEC. 106. RESERVES.
(a) POLICY.—Section 303(2) (16 U.S.C. 1452(2)) is
amended by striking ‘‘and’’ after the semicolon in para-
graph (5), by striking the period at the end of paragraph
(6) and inserting ‘‘; and’’, and by adding at the end the
following:
‘‘(7) to use Federal, State, and community
partnerships developed through the system estab-
lished by section 315 to improve the understanding,
stewardship, and management of coastal areas.’’.
(b) CLERICAL AMENDMENT.—Section 304(8) (16
U.S.C. 1453(8)) is amended to read as follows:
‘‘(8) The term ‘estuarine reserve’ means an
area that is a national estuarine reserve under sec-
tion 315.’’.
(c) PURPOSE.—Section 315(a) (16 U.S.C. 1459(a))
is amended by adding at the end the following: ‘‘The pur-
pose of each estuarine reserve and of the System is to im-
prove the understanding, stewardship, and management of
coastal areas.’’.
(d) AREAS THAT MAY BE DESIGNATED.—Section
315(b)(2)(A) (16 U.S.C. 1461(b)(2)(A)) is amended by
adding at the end the following:
‘‘An area designated under this section may include any
part or all of an estuary and any island, transitional area,
and upland in, adjoining, or adjacent to such estuary, that
constitutes, to the extent feasible, a natural unit.’’.
(e) 
DONATIONS.—Section 
315(e) 
(16 
U.S.C.
1461(e)) is amended by adding at the end the following:
‘‘(4)(A) The Secretary may—
‘‘(i) enter into cooperative agreements, financial
agreements, grants, contracts, or agreements with
any nonprofit organization established to benefit an
estuarine reserve, authorizing the organization to so-
licit donations to carry out projects, other than gen-
eral 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 general ad-
ministration of an estuarine reserve or the System,
that are consistent with the purpose of the reserve
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 section.’’.
(f) EVALUATIONS.—Section 315(f)(1) (16 U.S.C.
1461(f)(1)) is amended by inserting ‘‘coordination with
State programs established under section 306,’’ after ‘‘in-
cluding’’.
SEC. 107. REPORTS.
Section 316 (16 U.S.C. 1462) is amended—
(1) by striking ‘‘to the President for transmit-
tal’’; and
(2) by striking clause (10) and redesignating
clauses (11), (12), and (13) in order as clauses (10),
(11), and (12).
SEC. 108. AUTHORIZATION OF APPROPRIATIONS.
(a) IN
GENERAL.—Section 318(a) (16 U.S.C.
1464(a)) is amended by striking ‘‘SEC. 318’’ and all that
follows through subsection (a) and inserting the following:
‘‘SEC. 318. (a) There are authorized to be appro-
priated to the Secretary, to remain available until
expended—
‘‘(1) for grants under section 305—
‘‘(A) $400,000 for fiscal year 2000; and
‘‘(B) $200,000 for each of fiscal years
2001, 2002, and 2003;
‘‘(2) for grants under section 306 $50,000,000
for each of fiscal years 2000, 2001, 2002, 2003, and
2004;
‘‘(3) for grants under section 306A—
‘‘(A) $20,000,000 for fiscal year 2000;
‘‘(B) $22,500,000 for fiscal year 2001;
‘‘(C) $25,000,000 for fiscal year 2002;
‘‘(D) $30,000,000 for fiscal year 2003;
and
‘‘(E) $35,000,000 for fiscal year 2004;
‘‘(4) for grants under section 309, $5,000,000
for each of fiscal years 2000, 2001, 2002, 2003, and
2004;
‘‘(5) for grants under section 315—
‘‘(A) $7,000,000 for fiscal year 2000;
‘‘(B) $8,000,000 for fiscal year 2001;
‘‘(C) $9,000,000 for fiscal year 2002;
‘‘(D) $10,000,000 for fiscal year 2003;
and
‘‘(E) $11,000,000 for fiscal year 2004; and
‘‘(6) for expenses incidental to the administra-
tion of this title and for awards under section 314,
$5,500,000 for each of fiscal years 2000, 2001,
2002, 2003, and 2004; and
‘‘(7) for grants to fund construction projects at
reserves established under section 315, $12,000,000
for each of fiscal years 2000, 2001, 2002, 2003, and
2004.’’.
(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) REVERSION OF GRANTS.—The amount of any
grant, or portion of a grant, made to a State under any
section of this Act 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 Act.
‘‘(d) PURCHASES FROM FEDERAL GOVERNMENT.—
Federal funds allocated under this title may be used by
grantees to purchase Federal products and services not
otherwise available.’’.
SEC. 109. 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(3) (16 U.S.C. 1453(3)) by
striking the semicolon and inserting a colon; and
(4) in section 306(d)(10)(A) (16 U.S.C.
1455(d)(10)(A)) by inserting a comma after ‘‘devel-
opment’’.
SEC. 110. COASTAL ZONE MANAGEMENT OUTCOME INDICA-
TORS.
(a) REPORT.—Not later than 24 months after the
date of the enactment of this Act, the Secretary of Com-
merce shall submit a report to the Committee on Re-
sources of the House of Representatives that contains rec-
ommendations for a common set of measurable outcome
indicators that would provide a mechanism to evaluate the
effectiveness of State coastal zone management programs
in the achievement 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. 1451(2)(A)–
(J)). In preparing the report the Secretary shall consult
with and provide a copy of the draft report to the Gov-
ernors of coastal States or the heads of State agencies des-
ignated by such Governors pursuant to section 306(d)(6)
of that Act. The Secretary shall include in the final report
any State comments on the draft report.
(b) DRAFT LEGISLATION.—Not later than 48 months
after the date of the enactment of this Act, the Secretary
of Commerce shall submit to the Committee on Resources
of the House of Representatives draft legislation that
would authorize a national coastal zone management out-
come monitoring and performance evaluation system.
TITLE II—STATE RESTRICTIONS
ON PERSONAL WATERCRAFT
OPERATION
SEC. 201. REQUIREMENT TO INCLUDE ENFORCEABLE POLI-
CIES IN STATE MANAGEMENT PROGRAMS.
(a) IN GENERAL.—In order to be eligible for assist-
ance under sections 306 and 309 of the Coastal Zone
Management Act of 1972, as amended by this Act, a
coastal state (as that term is used in those sections) must
have enforceable policies and other provisions required
under section 202 of this Act regarding operation of per-
sonal watercraft in coastal waters of the State.
(b) COMPLIANCE—A coastal state that has a pro-
gram that is otherwise approved by the Secretary in ac-
cordance with section 306(d) of the Coastal Zone Manage-
ment Act of 1972 (16 U.S.C. 1455(d)) may comply with
subsection (a) of this section, by amending or modifying
the program (in accordance with section 306(e) of that
Act) to add enforceable policies and other provisions re-
quired by that paragraph.
(c) APPLICATION.—Subsection (a) of this section
shall apply on and after the expiration of the 2-year period
beginning on the date of the enactment of this Act.