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S. 2190 (is) To suspend temporarily the duty on Solvent Blue 67. [Introduced in Senate] ...
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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