S 1579 ISCommentsClose CommentsPermalink

To amend the Coastal Zone Management Act.CommentsClose CommentsPermalink

June 7, 2007

Ms. SNOWE (for herself, Ms. CANTWELL, and Mr. LEVIN) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and TransportationCommentsClose CommentsPermalink

To amend the Coastal Zone Management Act.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) SHORT TITLE- This Act may be cited as the `Coastal Zone Enhancement Reauthorization Act of 2007'.CommentsClose CommentsPermalink





(b) TABLE OF CONTENTS- The table of contents for this Act is as follows:CommentsClose CommentsPermalink





Sec. 1. Short title; table of contents.CommentsClose CommentsPermalink





Sec. 2. Amendment of Coastal Zone Management Act of 1972.CommentsClose CommentsPermalink





Sec. 3. Findings.CommentsClose CommentsPermalink





Sec. 4. Policy.CommentsClose CommentsPermalink





Sec. 5. Changes in definitions.CommentsClose CommentsPermalink





Sec. 6. Reauthorization of management program development grants.CommentsClose CommentsPermalink





Sec. 7. Administrative grants.CommentsClose CommentsPermalink





Sec. 8. Coastal resource improvement program.CommentsClose CommentsPermalink





Sec. 9. Certain Federal agency activities.CommentsClose CommentsPermalink





Sec. 10. Coastal zone management fund.CommentsClose CommentsPermalink





Sec. 11. Coastal zone enhancement grants.CommentsClose CommentsPermalink





Sec. 12. Coastal community program.CommentsClose CommentsPermalink





Sec. 13. Technical assistance; resources assessments; information systems.CommentsClose CommentsPermalink





Sec. 14. Performance review.CommentsClose CommentsPermalink





Sec. 15. Walter B. Jones awards.CommentsClose CommentsPermalink





Sec. 16. National Estuarine Research Reserve System.CommentsClose CommentsPermalink





Sec. 17. Coastal zone management reports.CommentsClose CommentsPermalink





Sec. 18. Authorization of appropriations.CommentsClose CommentsPermalink





Sec. 19. Deadline for decision on appeals of consistency determination.CommentsClose CommentsPermalink





Sec. 20. Effects of climate change on coastal zone management.CommentsClose CommentsPermalink





Sec. 21. Coordination with Federal Energy Regulatory Commission.CommentsClose CommentsPermalink

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 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.).CommentsClose CommentsPermalink

SEC. 3. FINDINGS.

Section 302 (16 U.S.C. 1451) is amended--CommentsClose CommentsPermalink





(1) by redesignating paragraphs (a) through (m) as paragraphs (1) through (13);CommentsClose CommentsPermalink





(2) by inserting `ports,' in paragraph (3) (as so redesignated) after `fossil fuels,';CommentsClose CommentsPermalink





(3) by inserting `including coastal waters and wetlands,' in paragraph (4) (as so redesignated) after `zone,';CommentsClose CommentsPermalink





(4) by striking `therein,' in paragraph (4) (as so redesignated) and inserting `dependent on that habitat,';CommentsClose CommentsPermalink





(5) by striking `well-being' in paragraph (5) (as so redesignated) and inserting `quality of life';CommentsClose CommentsPermalink





(6) by inserting `integrated plans and strategies,' after `including' in paragraph (9) (as so redesignated);CommentsClose CommentsPermalink





(7) by striking paragraph (11) (as so redesignated) and inserting the following:CommentsClose CommentsPermalink





`(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.'; andCommentsClose CommentsPermalink





(8) by adding at the end thereof the following:CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(15) The establishment of a national system of estuarine research reserves will provide for protection of essential estuarine resources, as well as for a network of State-based reserves that will serve as sites for coastal stewardship best-practices, monitoring, research, education, and training to improve coastal management and to help translate science and inform coastal decisionmakers and the public.'.CommentsClose CommentsPermalink

SEC. 4. POLICY.

Section 303 (16 U.S.C. 1452) is amended--CommentsClose CommentsPermalink





(1) by striking `the states' in paragraph (2) and inserting `state and local governments';CommentsClose CommentsPermalink





(2) by striking `programs' the first place it appears in paragraph (2) and inserting `programs, plans, and strategies';CommentsClose CommentsPermalink





(3) by striking `waters,' each place it appears in paragraph (2)(C) and inserting `waters and habitats,';CommentsClose CommentsPermalink





(4) by striking `agencies and state and wildlife agencies; and' in paragraph (2)(J) and inserting `and wildlife management, and';CommentsClose CommentsPermalink





(5) by striking `specificity' in paragraph (3) and inserting `specificity, cooperation, coordination, and effectiveness';CommentsClose CommentsPermalink





(6) by inserting `other countries,' after `agencies,' in paragraph (5);CommentsClose CommentsPermalink





(7) by striking `and' at the end of paragraph (5);CommentsClose CommentsPermalink





(8) by striking `zone.' in paragraph (6) and inserting `zone;'; andCommentsClose CommentsPermalink





(9) by adding at the end thereof the following:CommentsClose CommentsPermalink





`(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 through State-based conservation, monitoring, research, education, outreach, and training; andCommentsClose CommentsPermalink





`(8) to encourage the development, application, training, technical assistance, and transfer of innovative coastal management practices and coastal and estuarine environmental technologies and techniques to improve understanding and management decisionmaking for the long-term conservation of coastal ecosystems.'.CommentsClose CommentsPermalink

SEC. 5. CHANGES IN DEFINITIONS.

Section 304 (16 U.S.C. 1453) is amended--CommentsClose CommentsPermalink





(1) by striking `and the Trust Territories of the Pacific Islands,' in paragraph (4);CommentsClose CommentsPermalink





(2) in paragraph (6)(B)--CommentsClose CommentsPermalink





(A) by inserting `(ix) use or reuse of facilities authorized under the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) for energy-related purposes or other authorized marine related purposes;' after `transmission facilities;'; andCommentsClose CommentsPermalink





(B) by striking `and (ix)' and inserting `and (x);CommentsClose CommentsPermalink





(3) by striking paragraph (8) and inserting the following:CommentsClose CommentsPermalink





`(8) The terms `estuarine reserve' and `estuarine research reserve' mean a coastal protected area that--CommentsClose CommentsPermalink





`(A) may include any part or all of an estuary and any island, transitional area, and upland in, adjoining, or adjacent to the estuary;CommentsClose CommentsPermalink





`(B) constitutes to the extent feasible a natural unit; andCommentsClose CommentsPermalink





`(C) is established to provide long-term opportunities for conducting scientific studies and monitoring and educational and training programs that improve the understanding, stewardship, and management of estuaries and improve coastal decisionmaking.';CommentsClose CommentsPermalink





(4) by inserting `plans, strategies,' after `policies,' in paragraph (12);CommentsClose CommentsPermalink





(5) in paragraph (13)--CommentsClose CommentsPermalink





(A) by inserting `or alternative energy sources on or' after `natural gas';CommentsClose CommentsPermalink





(B) by striking `new or expanded' and inserting `new, reused, or expanded'; andCommentsClose CommentsPermalink





(C) by striking `or production.' and inserting `production, or other energy related purposes.';CommentsClose CommentsPermalink





(6) by striking `policies; standards' in paragraph (17) and inserting `policies, standards, incentives, guidelines,'; andCommentsClose CommentsPermalink





(7) by adding at the end the following:CommentsClose CommentsPermalink





`(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).CommentsClose CommentsPermalink





`(20) The term `qualified local entity' means--CommentsClose CommentsPermalink





`(A) any local government;CommentsClose CommentsPermalink





`(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));CommentsClose CommentsPermalink





`(C) any regional agency;CommentsClose CommentsPermalink





`(D) any interstate agency;CommentsClose CommentsPermalink





`(E) any nonprofit organization; orCommentsClose CommentsPermalink





`(F) any reserve established under section 315.'.CommentsClose CommentsPermalink

SEC. 6. REAUTHORIZATION OF MANAGEMENT PROGRAM DEVELOPMENT GRANTS.

Section 305 (16 U.S.C. 1454) is amended to read as follows:CommentsClose CommentsPermalink

`SEC. 305. MANAGEMENT PROGRAM DEVELOPMENT GRANTS.

`(a) STATES WITHOUT PROGRAMS- In fiscal years 2008 and 2009, 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.CommentsClose CommentsPermalink





`(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.'.CommentsClose CommentsPermalink

SEC. 7. ADMINISTRATIVE GRANTS.

(a) PURPOSES- Section 306(a) (16 U.S.C. 1455(a)) is amended by striking `administering that State's management program,' and inserting `administering and implementing that State's management program and any plans, projects, or activities developed pursuant to such program, including developing and implementing applicable coastal nonpoint pollution control program components,'.CommentsClose CommentsPermalink





(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. To the extent practicable, 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.CommentsClose CommentsPermalink





(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'.CommentsClose CommentsPermalink





(d) CONFORMING AMENDMENT- Section 306(d)(13)(B) (16 U.S.C. 1455(d)(13)(B)) is amended by inserting `policies, plans, strategies,' after `specific'.CommentsClose CommentsPermalink

SEC. 8. COASTAL RESOURCE IMPROVEMENT PROGRAM.

Section 306A (16 U.S.C. 1455a) is amended--CommentsClose CommentsPermalink





(1) by inserting `or other important coastal habitats' in subsection (b)(1)(A) after `306(d)(9)';CommentsClose CommentsPermalink





(2) by inserting `or historic' in subsection (b)(2) after `urban';CommentsClose CommentsPermalink





(3) by adding at the end of subsection (b) the following:CommentsClose CommentsPermalink





`(5) The coordination and implementation of approved coastal nonpoint pollution control plans, strategies, and measures.CommentsClose CommentsPermalink





`(6) The preservation, restoration, enhancement or creation of coastal habitats.';CommentsClose CommentsPermalink





(4) by inserting `planning,' before `engineering' in subsection (c)(2)(D);CommentsClose CommentsPermalink





(5) by striking `and' after the semicolon in subsection (c)(2)(D);CommentsClose CommentsPermalink





(6) by striking `section.' in subsection (c)(2)(E) and inserting `section;';CommentsClose CommentsPermalink





(7) by adding at the end of subsection (c)(2) the following:CommentsClose CommentsPermalink





`(F) work, resources, or technical support necessary to preserve, restore, enhance, or create coastal habitats; andCommentsClose CommentsPermalink





`(G) the coordination and implementation of approved coastal nonpoint pollution control plans, strategies, measures.'; andCommentsClose CommentsPermalink





(8) by striking subsections (d), (e), and (f) and inserting after subsection (c) the following:CommentsClose CommentsPermalink





`(d) Source of Federal Grants; State Matching Contributions-CommentsClose CommentsPermalink





`(1) IN GENERAL- If a coastal state chooses to fund a project under this section, then--CommentsClose CommentsPermalink





`(A) it shall submit to the Secretary a combined application for grants under this section and section 306;CommentsClose CommentsPermalink





`(B) it shall match the combined amount of such grants in the ratio required by section 306(a) for grants under that section; andCommentsClose CommentsPermalink





`(C) the Federal funding for the project shall be a portion of that state's annual allocation under section 306(a).CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(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 and consistent with the policies of this Act.CommentsClose CommentsPermalink





`(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).'.CommentsClose CommentsPermalink

SEC. 9. CERTAIN FEDERAL AGENCY ACTIVITIES.

Section 307(c)(1) (16 U.S.C. 1456(c)(1)) is amended by adding at the end the following:CommentsClose CommentsPermalink





`(D) The provisions of paragraph (1)(A), and implementing regulations thereunder, with respect to a Federal agency activity inland of the coastal zone of the State of Alaska, apply only if the activity directly and significantly affects a land or water use or a natural resource of the Alaskan coastal zone.'.CommentsClose CommentsPermalink

SEC. 10. 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:CommentsClose CommentsPermalink





`(2) Loan repayments made under this subsection shall be retained by the Secretary and deposited into the Coastal Zone Management Fund established under subsection (b) and shall be made available to the States for grants as under subsection (b)(2).'.CommentsClose CommentsPermalink





(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:CommentsClose CommentsPermalink





`(2) Subject to appropriation Acts, amounts in the Fund shall be available to the Secretary to make grants to the States for--CommentsClose CommentsPermalink





`(A) projects to address coastal and ocean management issues which are regional in scope, including intrastate and interstate projects; andCommentsClose CommentsPermalink





`(B) projects that have high potential for improving coastal zone and watershed management.CommentsClose CommentsPermalink





`(3) Projects funded under this subsection shall apply an integrated, watershed-based management approach and advance the purpose of this Act to preserve, protect, develop, and where possible, to restore or enhance, the resources of the Nation's coastal zone for this and succeeding generations.'.CommentsClose CommentsPermalink

SEC. 11. COASTAL ZONE ENHANCEMENT GRANTS.

Section 309 (16 U.S.C. 1456b) is amended--CommentsClose CommentsPermalink





(1) by striking subsection (a)(1) and inserting the following:CommentsClose CommentsPermalink





`(1) Protection, restoration, enhancement, or creation of coastal habitats, including wetlands, coral reefs, marshes, and barrier islands.';CommentsClose CommentsPermalink





(2) by inserting `and removal' after `entry' in subsection (a)(4);CommentsClose CommentsPermalink





(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.';CommentsClose CommentsPermalink





(4) by adding at the end of subsection (a) the following:CommentsClose CommentsPermalink





`(10) Development and enhancement of coastal nonpoint pollution control program components, strategies, and measures, including the satisfaction of conditions placed on such programs as part of the Secretary's approval of the programs.CommentsClose CommentsPermalink





`(11) Significant emerging coastal issues as identified by coastal states, in consultation with the Secretary and qualified local entities.';CommentsClose CommentsPermalink





(5) by striking `changes' in subsection (b)(2)(A) and inserting `changes, or for projects that demonstrate significant potential for improving ocean resource management or integrated coastal and watershed management at the local, state, or regional level,';CommentsClose CommentsPermalink





(6) by striking `proposals, taking into account the criteria established by the Secretary under subsection (d).' in subsection (c) and inserting `proposals.';CommentsClose CommentsPermalink





(7) by striking subsection (d) and redesignating subsections (e), (f), and (g) as subsections (d), (e), and (f), respectively; andCommentsClose CommentsPermalink





(8) by striking `in implementing this section, up to a maximum of $10,000,000 annually.' in subsection (e), as redesignated, and inserting `for grants to the States.'.CommentsClose CommentsPermalink

SEC. 12. COASTAL COMMUNITY PROGRAM.

The Act is amended by inserting after section 309 the following:CommentsClose CommentsPermalink

`SEC. 309A. COASTAL COMMUNITY PROGRAM.

`(a) COASTAL COMMUNITY GRANTS- The Secretary may make grants to any coastal state that is eligible under subsection (b)--CommentsClose CommentsPermalink





`(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;CommentsClose CommentsPermalink





`(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 as long as such strategies are consistent with the policies of this Act;CommentsClose CommentsPermalink





`(3) to fund demonstration projects which have high potential for improving coastal zone management at the local level;CommentsClose CommentsPermalink





`(4) to assist in the adoption of plans, strategies, policies, or procedures to support local community-based environmentally-protective solutions to the impacts and pressures on coastal uses and resources caused by development and sprawl that will--CommentsClose CommentsPermalink





`(A) revitalize previously developed areas;CommentsClose CommentsPermalink





`(B) undertake conservation activities and projects in undeveloped and environmentally sensitive areas;CommentsClose CommentsPermalink





`(C) emphasize water-dependent uses; andCommentsClose CommentsPermalink





`(D) protect coastal waters and habitats; andCommentsClose CommentsPermalink





`(5) to assist coastal communities to coordinate and implement approved coastal nonpoint pollution control strategies and measures that reduce the causes and impacts of polluted runoff on coastal waters and habitats.'.CommentsClose CommentsPermalink





`(b) ELIGIBILITY- To be eligible for a grant under this section for a fiscal year, a coastal state shall--CommentsClose CommentsPermalink





`(1) have a management program approved under section 306; andCommentsClose CommentsPermalink





`(2) in the judgment of the Secretary, be making satisfactory progress in activities designed to result in significant improvement in achieving the coastal management objectives specified in subparagraphs (A) through (K) of section 303(2).CommentsClose CommentsPermalink





`(c) Allocations; Source of Federal Grants; State Matching Contributions-CommentsClose CommentsPermalink





`(1) ALLOCATION- Grants under this section shall be allocated to coastal states as provided in section 306(c).CommentsClose CommentsPermalink





`(2) APPLICATION; MATCHING- If a coastal state chooses to fund a project under this section, then--CommentsClose CommentsPermalink





`(A) it shall submit to the Secretary a combined application for grants under this section and section 306; andCommentsClose CommentsPermalink





`(B) it shall match the amount of the grant under this section on the basis of a total contribution of section 306, 306A, and this section so that, in aggregate, the match is 1:1.CommentsClose CommentsPermalink





`(d) Allocation of Grants to Qualified Local Entity-CommentsClose CommentsPermalink





`(1) IN GENERAL- With the approval of the Secretary, the eligible coastal state may allocate to a qualified local entity amounts received by the state under this section.CommentsClose CommentsPermalink





`(2) ASSURANCES- A coastal state shall ensure that amounts allocated by the state under paragraph (1) are used by the qualified local entity in furtherance of the state's approved management program, specifically furtherance of the coastal management objectives specified in section 303(2) and the policies of this Act.CommentsClose CommentsPermalink





`(e) ASSISTANCE- The Secretary shall assist eligible coastal states and qualified local entities in identifying and obtaining from other Federal agencies technical and financial assistance in achieving the objectives set forth in subsection (a).'.CommentsClose CommentsPermalink

SEC. 13. TECHNICAL ASSISTANCE; RESOURCES ASSESSMENTS; INFORMATION SYSTEMS.

(a) IN GENERAL- Section 310 (16 U.S.C. 1456c) is amended--CommentsClose CommentsPermalink





(1) by inserting `(1)' before `The Secretary' in subsection (a);CommentsClose CommentsPermalink





(2) by striking `assistance' in the first sentence in subsection (a) and inserting `assistance, technology and methodology development, training and information transfer, resources assessment,';CommentsClose CommentsPermalink





(3) by resetting the second and third sentences in subsection (a) as a new paragraph and inserting `(2)' before `Each';CommentsClose CommentsPermalink





(4) by striking `and research activities' in subsection (b)(1) and inserting `research activities, and other support services and activities';CommentsClose CommentsPermalink





(5) by adding at the end of subsection (b)(1) the following: `The Secretary may conduct a program to develop and apply innovative coastal and estuarine environmental technology and methodology through a cooperative program, and to support the development, application, training and technical assistance, and transfer of effective coastal management practices. The Secretary may make extramural grants in carrying out the purpose of this subsection.';CommentsClose CommentsPermalink





(6) by adding at the end of subsection (b)(3) the following: `The Secretary shall establish regional advisory committees including representatives of the Governors of each state within the region, universities, colleges, coastal and marine laboratories, Sea Grant College programs within the region and representatives from the private and public sector with relevant expertise. The Secretary will report to the regional advisory committees on activities undertaken by the Secretary and other agencies pursuant to this section, and the regional advisory committees shall identify research, technical assistance and information needs and priorities. The regional advisory committees are not subject to the requirements of the Federal Advisory Committee Act (5 U.S.C. App.).'; andCommentsClose CommentsPermalink





(7) by adding at the end the following:CommentsClose CommentsPermalink





`(c)(1) The Secretary shall consult with the regional advisory committees concerning the development of a coastal resources assessment and information program to support development and maintenance of integrated coastal resource assessments of state natural, cultural and economic attributes, and coastal information programs for the collection and dissemination of data and information, product development, and outreach based on the needs and priorities of coastal and ocean managers and user groups.CommentsClose CommentsPermalink





`(2) The Secretary shall assist coastal states in identifying and obtaining financial and technical assistance from other Federal agencies and may make grants to states in carrying out the purpose of this section and to provide ongoing support for state resource assessment and information programs.'.CommentsClose CommentsPermalink





(b) CONFORMING AMENDMENT- The section heading for section 310 (16 U.S.C. 1456c) is amended to read as follows:CommentsClose CommentsPermalink

`SEC. 310. TECHNICAL ASSISTANCE, RESOURCES ASSESSMENTS, AND INFORMATION SYSTEMS.

SEC. 14. PERFORMANCE REVIEW.

Section 312(a) (16 U.S.C. 1458(a)) is amended--CommentsClose CommentsPermalink





(1) by striking `continuing review of the performance' and inserting `periodic review, no less frequently than every 5 years, of the administration, implementation, and performance';CommentsClose CommentsPermalink





(2) by striking `management.' and inserting `management programs.';CommentsClose CommentsPermalink





(3) by striking `has implemented and enforced' and inserting `has effectively administered, implemented, and enforced';CommentsClose CommentsPermalink





(4) by striking `addressed the coastal management needs identified' and inserting `furthered the national coastal policies and objectives set forth'; andCommentsClose CommentsPermalink





(5) by inserting `coordinated with National Estuarine Research Reserves in the state,' after `303(2)(A) through (K),'.CommentsClose CommentsPermalink

SEC. 15. WALTER B. JONES AWARDS.

Section 314 (16 U.S.C. 1460) is amended--CommentsClose CommentsPermalink





(1) by striking `shall, using sums in the Coastal Zone Management Fund established under section 308' in subsection (a) and inserting `may, using sums available under this Act';CommentsClose CommentsPermalink





(2) by striking `field.' in subsection (a) and inserting the following: `field of coastal zone management. These awards, to be known as the `Walter B. Jones Awards', may include--CommentsClose CommentsPermalink





`(1) cash awards in an amount not to exceed $5,000 each;CommentsClose CommentsPermalink





`(2) research grants; andCommentsClose CommentsPermalink





`(3) public ceremonies to acknowledge such awards.';CommentsClose CommentsPermalink





(3) by striking `shall elect annually--' in subsection (b) and inserting `may select annually if funds are available under subsection (a)--'; andCommentsClose CommentsPermalink





(4) by striking subsection (e).CommentsClose CommentsPermalink

SEC. 16. NATIONAL ESTUARINE RESEARCH RESERVE SYSTEM.

(a) Section 315(a) (16 U.S.C. 1461(a)) is amended by striking `consists of--' and inserting `is a network of areas protected by Federal, state, and community partnerships which promotes informed management of the Nation's estuarine and coastal areas through interconnected programs in resource stewardship, education and training, monitoring, research, and scientific understanding consisting of--'.CommentsClose CommentsPermalink





(b) Section 315(b)(2) ((16 U.S.C. 1461(b)(2)) is amended--CommentsClose CommentsPermalink





(1) by inserting `for each coastal state or territory' after `research' in subparagraph (A);CommentsClose CommentsPermalink





(2) by striking `public awareness and' in subparagraph (C) and inserting `state coastal management, public awareness, and'; andCommentsClose CommentsPermalink





(3) by striking `public education and interpretation; and'; in subparagraph (C) and inserting `education, interpretation, training, and demonstration projects; and'.CommentsClose CommentsPermalink





(c) Section 315(c) (16 U.S.C. 1461(c)) is amended--CommentsClose CommentsPermalink





(1) by striking `RESEARCH' in the subsection caption and inserting `Research, Education, and Resource Stewardship';CommentsClose CommentsPermalink





(2) by striking `conduct of research' and inserting `conduct of research, education, and resource stewardship';CommentsClose CommentsPermalink





(3) by striking `coordinated research' in paragraph (1)) and inserting `coordinated research, education, and resource stewardship';CommentsClose CommentsPermalink





(4) by striking `research' after `common' in paragraph (2);CommentsClose CommentsPermalink





(5) by striking `research programs' in paragraph (2) and inserting `research, education, and resource stewardship programs';CommentsClose CommentsPermalink





(6) by striking `research' after `uniform' in paragraph (3);CommentsClose CommentsPermalink





(7) by striking `data,' in paragraph (3) and inserting `information,';CommentsClose CommentsPermalink





(8) by striking `research' after `application of' in paragraph (3);CommentsClose CommentsPermalink





(9) by striking `research purposes;' in paragraph (3) and inserting `research, education, and resource stewardship purposes;';CommentsClose CommentsPermalink





(10) by striking `research efforts' in paragraph (4) and inserting `research, education, and resource stewardship efforts';CommentsClose CommentsPermalink





(11) by striking `research' in paragraph (5) and inserting `research, education, and resource stewardship'; andCommentsClose CommentsPermalink





(12) by striking `research' in the last sentence.CommentsClose CommentsPermalink





(d) Section 315(d) (16 U.S.C. 1461(d)) is amended--CommentsClose CommentsPermalink





(1) by striking `ESTUARINE RESEARCH- ' in the subsection caption and inserting `Estuarine Research, Education, and Resource Stewardship- ';CommentsClose CommentsPermalink





(2) by striking `research purposes' and inserting `research, education, and resource stewardship purposes';CommentsClose CommentsPermalink





(3) by striking paragraph (1) and inserting the following:CommentsClose CommentsPermalink





`(1) giving reasonable priority to research, education, and stewardship activities that use the System in conducting or supporting activities relating to estuaries;';CommentsClose CommentsPermalink





(4) by striking `research.' in paragraph (2) and inserting `research, education, and resource stewardship activities; and'; andCommentsClose CommentsPermalink





(5) by adding at the end thereof the following:CommentsClose CommentsPermalink





`(3) establishing partnerships with other Federal and state estuarine management programs to coordinate and collaborate on estuarine research.'.CommentsClose CommentsPermalink





(e) Section 315(e) (16 U.S.C. 1461(e)) is amended--CommentsClose CommentsPermalink





(1) by striking `reserve,' in paragraph (1)(A)(i) and inserting `reserve; and';CommentsClose CommentsPermalink





(2) by striking `and constructing appropriate reserve facilities, or' in paragraph (1)(A)(ii) and inserting `including resource stewardship activities and constructing reserve facilities; and';CommentsClose CommentsPermalink





(3) by striking paragraph (1)(A)(iii);CommentsClose CommentsPermalink





(4) by striking paragraph (1)(B) and inserting the following:CommentsClose CommentsPermalink





`(B) to any coastal state or public or private person for purposes of--CommentsClose CommentsPermalink





`(i) supporting research and monitoring associated with a national estuarine reserve that are consistent with the research guidelines developed under subsection (c); orCommentsClose CommentsPermalink





`(ii) conducting educational, interpretive, or training activities for a national estuarine reserve that are consistent with the education guidelines developed under subsection (c).';CommentsClose CommentsPermalink





(5) by striking `therein or $5,000,000, whichever amount is less.' in paragraph (3)(A) and inserting `therein. Non-Federal costs associated with the purchase of any lands and waters, or interests therein, which are incorporated into the boundaries of a reserve up to 5 years after the costs are incurred, may be used to match the Federal share.';CommentsClose CommentsPermalink





(6) by striking `and (iii)' in paragraph (3)(B);CommentsClose CommentsPermalink





(7) by striking `paragraph (1)(A)(iii)' in paragraph (3)(B) and inserting `paragraph (1)(B)';CommentsClose CommentsPermalink





(8) by striking `entire System.' in paragraph (3)(B) and inserting `System as a whole.'; andCommentsClose CommentsPermalink





(9) by adding at the end thereof the following:CommentsClose CommentsPermalink





`(4) The Secretary may--CommentsClose CommentsPermalink





`(A) enter into cooperative agreements, financial agreements, grants, contracts, or other agreements with any nonprofit organization, authorizing the organization to solicit donations to carry out the purposes and policies of this section, other than general administration of reserves or the System and which are consistent with the purposes and policies of this section; andCommentsClose CommentsPermalink





`(B) accept donations of funds and services for use in carrying out the purposes and policies of this section, other than general administration of reserves or the System and which are consistent with the purposes and policies of this section.CommentsClose CommentsPermalink





Donations accepted under this section shall be considered as a gift or bequest to or for the use of the United States for the purpose of carrying out this section.'.CommentsClose CommentsPermalink





(f) Section 315(f)(1) (16 U.S.C. 1461(f)(1)) is amended by inserting `coordination with other state programs established under sections 306 and 309A,' after `including'.CommentsClose CommentsPermalink

SEC. 17. COASTAL ZONE MANAGEMENT REPORTS.

Section 316 (16 U.S.C. 1462) is amended--CommentsClose CommentsPermalink





(1) by striking `to the President for transmittal' in subsection (a);CommentsClose CommentsPermalink





(2) by striking `zone and an evaluation of the effectiveness of financial assistance under section 308 in dealing with such consequences;' and inserting `zone;' in subsection (a)(10);CommentsClose CommentsPermalink





(3) by inserting `education,' after `studies,' in subsection (a)(12);CommentsClose CommentsPermalink





(4) by striking `Secretary' in the first sentence of subsection (c)(1) and inserting `Secretary, in consultation with coastal states, and with the participation of affected Federal agencies,';CommentsClose CommentsPermalink





(5) by striking the second sentence of subsection (c)(1) and inserting the following: `The Secretary, in conducting such a review, shall coordinate with, and obtain the views of, appropriate Federal agencies.';CommentsClose CommentsPermalink





(6) by striking `shall promptly' in subsection (c)(2) and inserting `shall, within 4 years after the date of enactment of the Coastal Zone Enhancement Reauthorization Act of 2007,'; andCommentsClose CommentsPermalink





(7) by adding at the end of subsection (c)(2) the following: `If sufficient funds and resources are not available to conduct such a review, the Secretary shall so notify the Congress.'.CommentsClose CommentsPermalink

SEC. 18. AUTHORIZATION OF APPROPRIATIONS.

Section 318 (16 U.S.C. 1464) is amended--CommentsClose CommentsPermalink





(1) by striking paragraphs (1) and (2) of subsection (a) and inserting the following:CommentsClose CommentsPermalink





`(1) for grants under sections 306, 306A, and 309--CommentsClose CommentsPermalink





`(A) $90,500,000 for fiscal year 2008,CommentsClose CommentsPermalink





`(B) $94,000,000 for fiscal year 2009,CommentsClose CommentsPermalink





`(C) $98,000,000 for fiscal year 2010,CommentsClose CommentsPermalink





`(D) $102,000,000 for fiscal year 2011, andCommentsClose CommentsPermalink





`(E) $106,000,000 for fiscal year 2012;CommentsClose CommentsPermalink





`(2) for grants under section 309A--CommentsClose CommentsPermalink





`(A) $29,000,000 for fiscal year 2008,CommentsClose CommentsPermalink





`(B) $30,000,000 for fiscal year 2009,CommentsClose CommentsPermalink





`(C) $31,000,000 for fiscal year 2010,CommentsClose CommentsPermalink





`(D) $32,000,000 for fiscal year 2011, andCommentsClose CommentsPermalink





`(E) $32,000,000 for fiscal year 2012,CommentsClose CommentsPermalink





of which $10,000,000, or 35 percent, whichever is less, shall be for purposes set forth in section 309A(a)(5);CommentsClose CommentsPermalink





`(3) for grants under section 315--CommentsClose CommentsPermalink





`(A) $37,000,000 for fiscal year 2008,CommentsClose CommentsPermalink





`(B) $38,000,000 for fiscal year 2009,CommentsClose CommentsPermalink





`(C) $39,000,000 for fiscal year 2010,CommentsClose CommentsPermalink





`(D) $40,000,000 for fiscal year 2011, andCommentsClose CommentsPermalink





`(E) $41,000,000 for fiscal year 2012,CommentsClose CommentsPermalink





of which up to $15,000,000 may be used by the Secretary in each of fiscal years 2008 through 2012 for grants to fund construction and acquisition projects at estuarine reserves designated under section 315;CommentsClose CommentsPermalink





`(4) for costs associated with administering this title, $7,500,000 for fiscal year 2008, $7,750,000 for fiscal year 2009, $8,000,000 for fiscal year 2010, $8,250,000, for fiscal year 2011, and $8,500,000 for fiscal year 2012; andCommentsClose CommentsPermalink





`(5) for grants under section 310 to support State pilot projects to implement resource assessment and information programs, $6,000,000 for each of fiscal years 2008 and 20010.';CommentsClose CommentsPermalink





(2) by striking `306 or 309.' in subsection (b) and inserting `306.';CommentsClose CommentsPermalink





(3) by striking `during the fiscal year, or during the second fiscal year after the fiscal year, for which' in subsection (c) and inserting `within 3 years from when';CommentsClose CommentsPermalink





(4) by striking `under the section for such reverted amount was originally made available.' in subsection (c) and inserting `to states under this Act.'; andCommentsClose CommentsPermalink





(5) by adding at the end thereof the following:CommentsClose CommentsPermalink





`(d) PURCHASE OF OTHERWISE UNAVAILABLE FEDERAL PRODUCTS AND SERVICES- Federal funds allocated under this title may be used by grantees to purchase Federal products and services not otherwise available.CommentsClose CommentsPermalink





`(e) RESTRICTIONS ON USE OF AMOUNTS- Except for funds appropriated under subsection (a)(4), amounts appropriated under this section shall not be available for administrative or overhead costs of the National Oceanic and Atmospheric Administration or the Department of Commerce. Amounts appropriated under subsection (a)(1) or (2) shall be available only for grants to States.'.CommentsClose CommentsPermalink

SEC. 19. DEADLINE FOR DECISION ON APPEALS OF CONSISTENCY DETERMINATION.

(a) IN GENERAL- Section 319 (16 U.S.C. 1465) is amended to read as follows:CommentsClose CommentsPermalink

`SEC. 319. APPEALS TO THE SECRETARY.

`(a) NOTICE- Not later than 30 days after the date of the filing of an appeal to the Secretary of a consistency determination under section 307, the Secretary shall publish an initial notice in the Federal Register.CommentsClose CommentsPermalink





`(b) CLOSURE OF RECORD-CommentsClose CommentsPermalink





`(1) IN GENERAL- Not later than the end of the 270-day period beginning on the date of publication of an initial notice under subsection (a), except as provided in paragraph (3), the Secretary shall immediately close the decision record and receive no more filings on the appeal.CommentsClose CommentsPermalink





`(2) NOTICE- After closing the administrative record, the Secretary shall immediately publish a notice in the Federal Register that the administrative record has been closed.CommentsClose CommentsPermalink





`(3) EXCEPTION-CommentsClose CommentsPermalink





`(A) IN GENERAL- Subject to subparagraph (B), during the 270-day period described in paragraph (1), the Secretary may stay the closing of the decision record--CommentsClose CommentsPermalink





`(i) for a specific period mutually agreed to in writing by the appellant and the State agency; orCommentsClose CommentsPermalink





`(ii) as the Secretary determines necessary to receive, on an expedited basis--CommentsClose CommentsPermalink





`(I) any supplemental information specifically requested by the Secretary to complete a consistency review under this Act; orCommentsClose CommentsPermalink





`(II) any clarifying information submitted by a party to the proceeding related to information already existing in the sole record.CommentsClose CommentsPermalink





`(B) APPLICABILITY- The Secretary may only stay the 270-day period described in paragraph (1) once and for a period not to exceed 60 days.CommentsClose CommentsPermalink





`(c) DEADLINE FOR DECISION-CommentsClose CommentsPermalink





`(1) IN GENERAL- Not later than 90 days after the date of publication of a Federal Register notice stating when the decision record for an appeal has been closed, the Secretary shall issue a decision or publish a notice in the Federal Register explaining why a decision cannot be issued at that time.CommentsClose CommentsPermalink





`(2) SUBSEQUENT DECISION- Not later than 45 days after the date of publication of a Federal Register notice explaining why a decision cannot be issued within the 90-day period, the Secretary shall issue a decision.'.CommentsClose CommentsPermalink





(b) EFFECTIVE DATE- The amendment made by subsection (a) applies with respect to appeals under subsection (c) or (d) of section 307 of the Coastal Zone Management Act of 1972 (16 U.S.C. 1456) filed after the date of enactment of this Act.CommentsClose CommentsPermalink





(c) SPECIAL RULE FOR APPEALS FILED ON OR BEFORE DATE OF ENACTMENT- The Secretary of Commerce--CommentsClose CommentsPermalink





(1) shall close the administrative record for any appeal under subsection (c) or (d) of section 307 of the Coastal Zone Management Act of 1972 (16 U.S.C. 1456) that was filed on or before the date of enactment of this Act within 180 days after such date of enactment but not earlier than December 31, 2008;CommentsClose CommentsPermalink





(2) may not receive any additional filing with respect to such an appeal; andCommentsClose CommentsPermalink





(3) shall issue a decision on the appeal within 90 days after closing the administrative record.CommentsClose CommentsPermalink

SEC. 20. EFFECTS OF CLIMATE CHANGE ON COASTAL ZONE MANAGEMENT.

The Act (16 U.S.C. 1451 et seq.) is amended by adding at the end the following:CommentsClose CommentsPermalink

`SEC. 320. EFFECTS OF CLIMATE CHANGE ON COASTAL ZONE MANAGEMENT.

`In preparing and carrying out its management program, a coastal state may--CommentsClose CommentsPermalink





`(1) conduct assessments, mapping, modeling, and forecasting to understand the physical, environmental, and socio-economic impacts of sea level rise, changes in freshwater quality and quantity, ocean acidification, ocean warming, or other effects of global climate change on the coastal zone;CommentsClose CommentsPermalink





`(2) develop prevention, adaptation or response strategies to reduce vulnerability of coastal communities and resources to such impacts, changes, and effects; andCommentsClose CommentsPermalink





`(3) establish mechanisms to increase local awareness of such impacts, changes, and effects.'.CommentsClose CommentsPermalink

SEC. 21. COORDINATION WITH FEDERAL ENERGY REGULATORY COMMISSION.

Within 180 days after the date of enactment of this Act, the Secretary of Commerce shall submit a report to the Congress on the development of a memorandum of understanding with the Commissioner of the Federal Energy Regulatory Commission for a coordinated process for review of coastal energy activities that provides for--CommentsClose CommentsPermalink





(1) improved coordination among Federal, regional, State, and local agencies concerned with conducting reviews under the Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.); andCommentsClose CommentsPermalink





(2) coordinated schedules for such reviews that ensures that, where appropriate, the reviews are performed concurrently.CommentsClose CommentsPermalink