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108th CONGRESS
  1st Session
                                 S. 218

               To amend the Coastal Zone Management Act.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 23, 2003

   Ms. Snowe (for herself, Mr. McCain, Mr. Hollings, and Mr. Kerry) 
introduced the following bill; which was read twice and referred to the 
           Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
               To amend the Coastal Zone Management Act.

    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 Enhancement 
Reauthorization of 2003''.

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 2004 and 2005, 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 
        assistance in developing and implementing community-based 
        growth management and resource protection strategies in 
        qualified local entities;
            ``(3) to fund demonstration projects which have high 
        potential for improving coastal zone management at the local 

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