Home > 106th Congressional Bills > S. 1534 (is) To reauthorize the Coastal Zone Management Act, and for other purposes. [Introduced in Senate] ...S. 1534 (is) To reauthorize the Coastal Zone Management Act, and for other purposes. [Introduced in Senate] ...
106th CONGRESS
2d Session
S. 1534
_______________________________________________________________________
AN ACT
To reauthorize the Coastal Zone Management Act, 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 Zone Management Act of
2000''.
SEC. 2. AMENDMENT OF COASTAL ZONE MANAGEMENT ACT.
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. 3. FINDINGS.
Section 302 (16 U.S.C. 1451) is amended--
(1) by redesignating paragraphs (a) through (m) as
paragraphs (1) through (13);
(2) by inserting ``ports,'' in paragraph (3) (as so
redesignated) after ``fossil fuels,'';
(3) by inserting ``including coastal waters and wetlands,''
in paragraph (4) (as so redesignated) after ``zone,'';
(4) by striking ``therein,'' in paragraph (4) (as so
redesignated) and inserting ``dependent on that habitat,'';
(5) by striking ``well-being'' in paragraph (5) (as so
redesignated) and inserting ``quality of life'';
(6) by striking paragraph (11) (as so redesignated) and
inserting the following:
``(11) Land and water uses in the coastal zone and coastal
watersheds may significantly affect the quality of coastal
waters and habitats, and efforts to control coastal water
pollution from activities in these areas must be improved.'';
and
(7) by adding at the end thereof the following:
``(14) There is a need to enhance cooperation and
coordination among states and local communities, to encourage
local community-based solutions that address the impacts and
pressures on coastal resources and on public facilities and
public service caused by continued coastal demands, and to
increase state and local capacity to identify public
infrastructure and open space needs and develop and implement
plans which provide for sustainable growth, resource protection
and community revitalization.''.
SEC. 4. POLICY.
Section 303 (16 U.S.C. 1452) is amended--
(1) by striking ``the states'' in paragraph (2) and
inserting ``state and local governments'';
(2) by striking ``waters,'' each place it appears in
paragraph (2)(C) and inserting ``waters and habitats,'';
(3) by striking ``agencies and state and wildlife agencies;
and'' in paragraph (2)(J) and inserting ``and wildlife
management; and'';
(4) by inserting ``other countries,'' after ``agencies,''
in paragraph (5);
(5) by striking ``and'' at the end of paragraph (5);
(6) by striking ``zone.'' in paragraph (6) and inserting
``zone;''; and
(7) by adding at the end thereof the following:
``(7) to create and use a National Estuarine Research
Reserve System as a Federal, state, and community partnership
to support and enhance coastal management and stewardship; and
``(8) to encourage the development, application, and
transfer of innovative coastal and estuarine environmental
technologies and techniques for the long-term conservation of
coastal ecosystems.''.
SEC. 5. CHANGES IN DEFINITIONS.
Section 304 (16 U.S.C. 1453) is amended--
(1) by striking ``and the Trust Territories of the Pacific
Islands,'' in paragraph (4);
(2) by striking paragraph (8) and inserting the following:
``(8) The term `estuarine reserve' means a coastal
protected area which may include any part or all of an estuary
and any island, transitional area, and upland in, adjoining, or
adjacent to the estuary, and which constitutes to the extent
feasible a natural unit, established to provide long-term
opportunities for conducting scientific studies and educational
and training programs that improve the understanding,
stewardship, and management of estuaries.''; and
(3) by adding at the end thereof the following:
``(19) The term `coastal nonpoint pollution control
strategies and measures' means strategies and measures included
as part of the coastal nonpoint pollution control program under
section 6217 of the Coastal Zone Act Reauthorization Amendments
of 1990 (16 U.S.C. 1455b).
``(20) 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;
``(E) any nonprofit organization; or
``(F) any reserve established under section 315.''.
SEC. 6. REAUTHORIZATION OF MANAGEMENT PROGRAM DEVELOPMENT GRANTS.
Section 305 (16 U.S.C. 1454) is amended to read as follows:
``SEC. 305. MANAGEMENT PROGRAM DEVELOPMENT GRANTS.
``(a) States Without Programs.--In fiscal years 2001, 2002, 2003,
and 2004, the Secretary may make a grant annually to any coastal state
without an approved program if the coastal state demonstrates to the
satisfaction of the Secretary that the grant will be used to develop a
management program consistent with the requirements set forth in
section 306. The amount of any such grant shall not exceed $200,000 in
any fiscal year, and shall require State matching funds according to a
4-to-1 ratio of Federal-to-State contributions. After an initial grant
is made to a coastal state under this subsection, no subsequent grant
may be made to that coastal state under this subsection unless the
Secretary finds that the coastal state is satisfactorily developing its
management program. No coastal state is eligible to receive more than 4
grants under this subsection.
``(b) Submittal of Program for Approval.--A coastal state that has
completed the development of its management program shall submit the
program to the Secretary for review and approval under section 306.''.
SEC. 7. ADMINISTRATIVE GRANTS.
(a) Purposes.--Section 306(a) (16 U.S.C. 1455(a)) is amended by
inserting ``including developing and implementing coastal nonpoint
pollution control program components,'' after ``program,''.
(b) Equitable Allocation of Funding.--Section 306(c) (16 U.S.C.
1455(c)) is amended by adding at the end thereof ``In promoting equity,
the Secretary shall consider the overall change in grant funding under
this section from the preceding fiscal year and minimize the relative
increases or decreases among all the eligible States. The Secretary
shall ensure that each eligible State receives increased funding under
this section in any fiscal year for which the total amount appropriated
to carry out this section is greater than the total amount appropriated
to carry out this section for the preceding fiscal year.
(c) Acquisition Criteria.--Section 306(d)(10)(B) (16 U.S.C.
1455(d)(10)(B)) is amended by striking ``less than fee simple'' and
inserting ``other''.
SEC. 8. COASTAL RESOURCE IMPROVEMENT PROGRAM.
Section 306A (16 U.S.C. 1455a) is amended--
(1) by inserting ``or other important coastal habitats'' in
subsection (b)(1)(A) after ``306(d)(9)'';
(2) by inserting ``or historic'' in subsection (b)(2) after
``urban'';
(3) by adding at the end of subsection (b) the following:
``(5) The coordination and implementation of approved
coastal nonpoint pollution control plans.
``(6) The preservation, restoration, enhancement or
creation of coastal habitats.'';
(4) by striking ``and'' after the semicolon in subsection
(c)(2)(D);
(5) by striking ``section.'' in subsection (c)(2)(E) and
inserting ``section;'';
(6) by adding at the end of subsection (c)(2) the
following:
``(F) work, resources, or technical support
necessary to preserve, restore, enhance, or create
coastal habitats; and
``(G) the coordination and implementation of
approved coastal nonpoint pollution control plans.'';
and
(7) by striking subsections (d), (e), and (f) and inserting
after subsection (c) the following:
``(d) Source of Federal Grants; State Matching Contributions.--
``(1) In general.--If a coastal state chooses to fund a
project under this section, then--
``(A) it shall submit to the Secretary a combined
application for grants under this section and section
306;
``(B) it shall match the combined amount of such
grants in the ratio required by section 306(a) for
grants under that section; and
``(C) the Federal funding for the project shall be
a portion of that state's annual allocation under
section 306(a).
``(2) Use of funds.--Grants provided under this section may
be used to pay a coastal state's share of costs required under
any other Federal program that is consistent with the purposes
of this section.
``(e) Allocation of Grants to Qualified Local Entity.--With the
approval of the Secretary, the eligible coastal state may allocate to a
qualified local entity a portion of any grant made under this section
for the purpose of carrying out this section; except that such an
allocation shall not relieve that state of the responsibility for
ensuring that any funds so allocated are applied in furtherance of the
state's approved management program.
``(f) Assistance.--The Secretary shall assist eligible coastal
states in identifying and obtaining from other Federal agencies
technical and financial assistance in achieving the objectives set
forth in subsection (b).''.
SEC. 9. COASTAL ZONE MANAGEMENT FUND.
(a) Treatment of Loan Repayments.--Section 308(a)(2) (16 U.S.C.
1456a(a)(2)) is amended to read as follows:
``(2) Loan repayments made under 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 Appropriations
Acts, shall be available to the Secretary for purposes
of this title and transferred to the Operations,
Research, and Facilities account of the National
Oceanic and Atmospheric Administration to offset the
costs of implementing this title.''.
(b) Use of Amounts in Fund.--Section 308(b) (16 U.S.C. 1456a(b)) is
amended by striking paragraphs (2) and (3) and inserting the following:
``(2) Subject to Appropriation Acts, amounts in the Fund
shall be available to the Secretary to carry out the provisions
of this Act.''.
SEC. 10. COASTAL ZONE ENHANCEMENT GRANTS.
Section 309 (16 U.S.C. 1456b) is amended--
(1) by striking subsection (a)(1) and inserting the
following:
``(1) Protection, restoration, enhancement, or creation of
coastal habitats, including wetlands, coral reefs, marshes, and
barrier islands.'';
(2) by inserting ``and removal'' after ``entry'' in
subsection (a)(4);
(3) by striking ``on various individual uses or activities
on resources, such as coastal wetlands and fishery resources.''
in subsection (a)(5) and inserting ``of various individual uses
or activities on coastal waters, habitats, and resources,
including sources of polluted runoff.'';
(4) by adding at the end of subsection (a) the following:
``(10) Development and enhancement of coastal nonpoint
pollution control program components, including the
satisfaction of conditions placed on such programs as part of
the Secretary's approval of the programs.
``(11) Significant emerging coastal issues as identified by
coastal states, in consultation with the Secretary and
qualified local entities.'';
(5) by striking ``proposals, taking into account the
criteria established by the Secretary under subsection (d).''
in subsection (c) and inserting ``proposals.'';
(6) by striking subsection (d) and redesignating subsection
(e) as subsection (d);
(7) by striking ``section, up to a maximum of $10,000,000
annually'' in subsection (f) and inserting ``section.''; and
(8) by redesignating subsections (f) and (g) as subsections
(e) and (f), respectively.
SEC. 11. COASTAL COMMUNITY PROGRAM.
The Act is amended by inserting after section 309 the following:
``SEC. 309A. COASTAL COMMUNITY PROGRAM.
``(a) Coastal Community Grants.--The Secretary may make grants to
any coastal state that is eligible under subsection (b)--
``(1) to assist coastal communities in assessing and
managing growth, public infrastructure, and open space needs in
order to provide for sustainable growth, resource protection
and community revitalization;
``(2) to provide management-oriented research and technical
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