I
106TH CONGRESS
1ST SESSION
H. R. 2669
To reauthorize the Coastal Zone Management Act of 1972, and for other
purposes.
IN THE HOUSE OF REPRESENTATIVES
AUGUST 2, 1999
Mr. SAXTON introduced the following bill; which was referred to the
Committee on Resources
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 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-
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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. 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 Sep-
tember 30, 2003.’’.
SEC. 4. 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—
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‘‘(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.
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‘‘(5) The preparation of plans that promote
coastal community revitalization and the goal stated
in section 303(1).
‘‘(6) The provision of technical assistance and
training to the public for the implementation of
management measures pursuant to 16 U.S.C.
1455b(b)(4), and the implementation of programs
for public education, training, and demonstration
projects 
established 
pursuant 
to 
U.S.C.
1455b(b)(5).
‘‘(7) The provision of access to public beaches,
other coastal areas, and coastal waters for individ-
uals with disabilities.’’.
(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; and
‘‘(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).’’.
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(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
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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-
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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(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. 5. 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
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(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. 6. 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.
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‘‘(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. 7. 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;
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‘‘(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. 8. 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. 9. 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
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‘‘(B) $200,000 for each of fiscal years
2001, 2002, and 2003;
‘‘(2) for grants under sections 306 and 309—
‘‘(A) $55,000,000 for fiscal year 2000;
‘‘(B) $56,000,000 for fiscal year 2001;
‘‘(C) $57,000,000 for fiscal year 2002;
‘‘(D) $58,000,000 for fiscal year 2003;
and
‘‘(E) $59,000,000 for fiscal year 2004;
‘‘(3) for grants under section 306A—
‘‘(A) $30,000,000 for fiscal year 2000;
‘‘(B) $32,500,000 for fiscal year 2001;
‘‘(C) $35,000,000 for fiscal year 2002;
‘‘(D) $40,000,000 for fiscal year 2003;
and
‘‘(E) $45,000,000 for fiscal year 2004; and
‘‘(4) for expenses incidental to the administra-
tion of this title and for awards under section 314,
$6,500,000 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) The amount of any grant, or portion of a grant,
made to a State under any section of this title that is not
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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)(2), no less than 10 percent and no more than 15 per-
cent may be used to carry out section 309.’’.
(c) GRANTS
FOR ACCESS
FOR PHYSICALLY DIS-
ABLED.—Section 318 (16 U.S.C. 1464) is further amend-
ed by adding at the end the following:
‘‘(f) In addition to amounts otherwise authorized by
this title, there are authorized to be appropriated to the
Secretary $1,000,000 for each of fiscal years 2000, 2001,
2002, and 2003 for grants under section 306A for eligible
coastal community conservation projects that would
achieve the objective set forth in section 306A(b)(7).’’.
(d) SET-ASIDE FOR PUBLIC EDUCATION, TRAINING,
AND
DEMONSTRATION
PROJECTS.—Section 318 (16
U.S.C. 1464) is further amended by adding at the end
the following:
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‘‘(g) 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).’’.
(e) 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:
‘‘(h) 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.’’.
(f) BARNEGAT BAY TASK FORCE.—Section 318 (16
U.S.C. 1464) is further amended by adding at the end
the following:
‘‘(i) In addition to the amounts otherwise authorized
by this title, there are authorized to be appropriated to
the Secretary $500,000 for each of fiscal years 2000,
2001, 2002, 2003, and 2004 to provide financial assist-
ance to the Barnegat Bay Personal Watercraft Task
Force.’’.
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SEC. 10. 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 (16 U.S.C. 1453) 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
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(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. 11. 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-
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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.
SEC. 12. PERSONAL WATERCRAFT STUDY.
(a) GRANTS TO STUDY PERSONAL WATERCRAFT IM-
PACTS ON COASTAL HABITAT.—Subject to the availability
of appropriations, the Secretary shall award grants to sup-
port peer-reviewed research to study the impacts of per-
sonal watercraft on coastal and marine habitats within the
boundaries of the coastal zone of any State (as identified
in the management program of the State pursuant to sec-
tion 306(d)(2)(A) of the Coastal Zone Management Act
of 1972 (16 U.S.C. 1455(d)(2)(A)). The Secretary shall
consider geographic and habitat diversity when selecting
research projects. The Secretary shall require that each
study funded under this section consider the impacts of
personal watercraft, including noise and uncombusted
fuel, on the following:
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(1) Wildlife, including feeding, wading, nesting,
or roosting birds, marine mammals, reptiles, am-
phibians, fish, and aquatic invertebrates.
(2) Aquatic vegetation.
(3) Suspended sediments.
(4) Shoreline erosion.
(b) REPORT.—Not later than 48 months after the
date of enactment of this Act, the Secretary shall submit
a final report to the Committee on Resources of the House
of Representatives that contains—
(1) summaries of the research funded under
this subsection;
(2) recommendations for managing the impacts
of personal watercraft in coastal and marine habi-
tats; and
(3) summaries of public comments received sub-
sequent to publication of a draft report in the Fed-
eral Register.
(c) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated to the Secretary
$2,000,000 for each of fiscal years 2000, 2001, and 2002
for grants under this section. The Secretary may use up
to 10 percent of the funds appropriated to administer this
section.
(d) DEFINITIONS.—In this section:
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(1) PERSONAL WATERCRAFT.—The term ‘‘per-
sonal watercraft’’ means a motor vessel that—
(A) uses an inboard motor powering a
water jet pump or a caged propeller as its pri-
mary source of motive power; and
(B) is designed to be operated by a person
standing on, kneeling on, or sitting astride the
vessel.
(2) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of Commerce.
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