Home > 105th Congressional Bills > H.R. 1027 (ih) To amend title 28, United States Code, to provide for a 3-judge court to hear and determine any application for an injunction against the enforcement of a State or Federal law on the ground of unconstitutionality, and for other purposes. %%...

H.R. 1027 (ih) To amend title 28, United States Code, to provide for a 3-judge court to hear and determine any application for an injunction against the enforcement of a State or Federal law on the ground of unconstitutionality, and for other purposes. %%...


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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 
    National Oceanic and Atmospheric Administration, to establish a 
 performance 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 Representatives 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 
                            performance 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 provision, the reference shall be considered to 
be made to a section or other provision of the Coastal Zone Management 
Act of 1972 (16 U.S.C. 1451 et seq.).

SEC. 4. POLICY.

    Section 303 (16 U.S.C. 1452) is amended in paragraph (2)(J) by 
striking ``State'' the second place it appears 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 subsection--
                    ``(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 appropriation 
                Acts, shall be available to the Secretary for purposes 
                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)''.

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 program of 
training, education, technical assistance, technology 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 cooperative efforts 
        relating to the comprehensive planning, conservation, and 
        management of ocean and coastal resources.
    ``(2) The Secretary may, in implementing this program, 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 efficient support and develop expertise.
    ``(3) The Secretary shall coordinate the technical assistance, 
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 ``Coordination and 
        Consultation.--'' after ``(b)''; and
            (3) by adding at the end the following:
    ``(c) Assistance From Other Agencies and Persons.--(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 performance 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 section.''.

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 outcome 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 follows:
    ``(a) Authorization of Program.--(1) The Secretary 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 accomplishments in 
        the field of coastal zone management.'';
            (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 
                transmittal''; and
                    (B) in clause (10) by striking ``and an evaluation 
                of the effectiveness of financial assistance under 
                section 308 in dealing with such consequences''; and
            (2) by amending subsection (c) to read as follows:
    ``(c) State of the Coast Report.--Not less than 24 months after the 
date of the enactment of this subsection, and not less than every 24 
months thereafter, the Secretary shall provide a coastal status report 
to the Congress 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 previous report.
            ``(3) An identification and assessment of Government 
        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 appears 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 inserting ``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 inserting ``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 inserting ``State's''.

SEC. 12. COASTAL ZONE MANAGEMENT OUTCOME INDICATORS AND MONITORING AND 
              PERFORMANCE EVALUATION SYSTEM.

    (a) In General.--
            (1) Performance guidelines and evaluation.--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 common set 
        of measurable outcome indicators to evaluate the performance of 
        State coastal zone management programs in furthering the goals 
        and objectives identified in the States' approved coastal 
        management 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 information.--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 
        Representatives 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 funding 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 
        management outcome monitoring and performance evaluation system 
        that uses the common set of indicators 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 report 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 agencies, 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 report 
                received from a Governor or the head of such a 
                designated State agency, and the Secretary's responses 
                to such comments; and
                    (B) a summary of other public comments regarding 
                the report, and the Secretary's response 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.
                                 <all>

Pages: 1

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