,,ii #aaeth ,,congress #b;d ,session ,s4 #bdgb ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,february #bh1 #bjah ,mr4 ,nelson 7for himself1 ,ms4 ,collins1 and ,mr4 ,carper7 introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,a ,,bill ,to reauthorize the ,coastal ,zone ,management ,act of #aigb1 and for other purposes4 #a4 ,short title2 table of contents2 references 7a7 ,short title ,this ,act may be cited as the ,coastal ,coordination ,act of #bjah4 7b7 ,table of contents ,the table of contents of this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents2 references4 ,,title ,i--,coastal ,zone ,management ,act of #aigb amendments ,sec4 #aja4 ,congressional findings4 ,sec4 #ajb4 ,definitions4 ,sec4 #ajc4 ,coastal resource improvement program4 ,sec4 #ajd4 ,coordination and cooperation4 ,sec4 #aje4 ,coastal zone enhancement grants4 ,sec4 #ajf4 ,national estuarine research reserve system4 ,sec4 #ajg4 ,coastal zone management reports4 ,sec4 #ajh4 ,technical and conforming amendments4 ,sec4 #aji4 ,authorization of appropriations4 ,,title ,,ii--,agency consultations regarding coastal zone impacts ,sec4 #bja4 ,agency consultations regarding coastal zone impacts4 7c7 ,references to the ,coastal ,zone ,management ,act of #aigb ,except as otherwise expressly provided1 wherever in this ,act an amendment or repeal is expressed in terms of an amendment to1 or repeal of1 a section or other provision1 the reference shall be considered to be made to a section or other provision of the ,coastal ,zone ,management ,act of #aigb 7#af ,u4,s4,c4 #adea et seq474 ,i ,coastal ,zone ,management ,act of #aigb amendments #aja4 ,congressional findings ,section #cjb 7#af ,u4,s4,c4 #adea7 is amended-- 7#a7 in the language preceding subsection 7a71 by striking ,the ,congress finds that-- and inserting ,congress makes the following findings32 7#b7 by redesignating subsections 7a7 through 7m7 as paragraphs 7#a7 through 7#ac71 respectively2 7#c7 in paragraph 7#a71 as redesignated1 by striking in the effective management1 beneficial use1 protection1 and development of the coastal zone and inserting in the effective management1 beneficial use1 protection1 development1 and resilience of the coastal zone and coastal natural resources2 7#d7 in paragraph 7#c71 as redesignated1 by striking industry1 commerce1 residential development1 recreation1 extraction of mineral resources and fossil fuels1 transportation and navigation1 waste disposal1 and harvesting of fish1 shellfish1 and other living marine resources and inserting industry1 commerce1 development1 tourism1 recreation1 extraction of mineral resources1 energy development1 transportation and navigation1 waste disposal1 and harvesting of fish1 shellfish1 and other living marine resources2 7#e7 in paragraph 7#f71 as redesignated1 by striking the semicolon at the end and inserting a period2 7#f7 in paragraphs 7#h7 and 7#aj71 as redesignated1 by striking state and inserting ,state2 7#g7 in paragraph 7#i71 as redesignated1 by striking states to and all that follows through vitally affected interests and inserting ,states to exercise their full authority over the lands and waters in the coastal zone by assisting the ,states1 in cooperation with ,federal agencies and with the participation of and coordination with local governments and other vitally affected interests2 7#h7 in paragraph 7#ac71 as redesignated-- 7,a7 by striking by the active participation of coastal states in all ,federal programs affecting such resources and inserting by the active participation and coordination in all ,federal programs and activities affecting such resources2 and 7,b7 by striking state ocean and inserting ,state ocean2 and 7#i7 by adding at the end the following3 7#ad7 ,once a ,state ocean and coastal zone management plan has been approved by the ,secretary of ,commerce1 ,federal agencies should1 to the maximum extent practicable1 conduct activities1 and authorize licenses or permits related to the coastal zone of that ,state in a manner consistent with that plan4 4 #ajb4 ,definitions ,section #cjd 7#af ,u4,s4,c4 #adec7 is amended-- 7#a7 by redesignating paragraphs 7#g71 7#h71 7#i71 7#aj71 7#aa71 7#ab71 7#ac71 7#ad71 7#ae71 7#af71 7#ag71 and 7#ah7 as paragraphs 7#h71 7#i71 7#aj71 7#aa71 7#ab71 7#ac71 7#ad71 7#ae71 7#af71 7#ah71 7#ai71 and 7#bj7 respectively2 7#b7 by striking 7#f;a7 ,the and inserting 7#g7 ,the2 7#c7 in paragraph 7#b71 by striking if any such area is determined by a coastal state to be of substantial biological or natural storm protective value and inserting if any such area is determined by a coastal state1 alone or in combination with other such areas1 to be of substantial biological1 research1 geological1 hydrological1 natural1 ecological1 storm protective1 water quality1 or flood risk protective value2 7#d7 in paragraph 7#d71 by inserting the ,district of ,columbia1 after the term also includes2 7#e7 in paragraph 7#e7-- 7,a7 in the matter preceding clause 7i71 by striking any coastal state2 and inserting any ,state32 7,b7 by inserting after clause 7iii7 the following3 7iv7 ,any production1 transportation1 transfer1 or storage of renewable energy4 2 and 7,c7 in the matter following clause 7iv71 7as added by subparagraph 7,b771 by striking any coastal state and inserting any ,state2 7#f7 by amending paragraph 7#f7 to read as follows3 7#f7 ,the term energy facilities-- 7,a7 means any equipment or facility which is or will be used primarily-- 7i7 in the exploration for1 or the development1 production1 conversion1 storage1 transfer1 processing1 or transportation of1 any energy or renewable energy resource2 or 7ii7 for the manufacture1 production1 or assembly of equipment1 machinery1 products1 or devices which are involved in any activity described in clause 7i72 and 7,b7 includes-- 7i7 electric generating plants2 7ii7 petroleum refineries and associated facilities2 7iii7 gasification plants2 7iv7 facilities used for the transportation1 conversion1 treatment1 transfer1 or storage of liquefied natural gas2 7v7 uranium enrichment or nuclear fuel processing facilities2 7vi7 oil and gas facilities1 including platforms1 assembly plants1 storage depots1 tank farms1 crew and supply bases1 and refining complexes2 7vii7 facilities including deepwater ports1 for the transfer of petroleum2 7viii7 facilities for the production1 transportation1 transfer1 or storage of renewable energy2 7ix7 pipelines and transmission facilities2 and 7x7 terminals which are associated with any of the foregoing4 2 7#g7 in paragraph 7#g71 as redesignated1 by striking land and water uses and inserting land uses and water uses2 7#h7 in paragraph 7#h71 as redesignated1 by striking from land drainage and inserting from land drainage1 or where there is tidal influence without regard to salinity2 7#i7 in paragraph 7#ab71 as redesignated1 by striking state's and inserting ,state's2 7#aj7 in paragraphs 7#ac71 7#ae71 and 7#af71 as redesignated1 by striking state each place it appears and inserting ,state2 7#aa7 by inserting after paragraph 7#af71 as redesignated1 the following3 7#ag7 ,the term 8renewable energy0 means any energy that has recently originated from the sun1 including direct and indirect solar radiation and intermediate solar energy forms1 such as wind1 ocean thermal gradients1 ocean currents and waves1 hydropower1 photovoltaic energy1 products of photosynthetic processes1 organic wastes1 and others4 2 and 7#ab7 by adding at the end the following3 7#ba7 ,the term working waterfront means waterfront lands1 waterfront infrastructure1 and waterways that are used for a water-dependent commercial activity4 4 #ajc4 ,coastal resource improvement program ,section #cjf;,a 7#af ,u4,s4,c4 #adee;a7 is amended-- 7#a7 in subsection 7b7-- 7,a7 in the matter preceding paragraph 7#a71 by striking state in and inserting ,state in2 7,b7 in paragraph 7#a7-- 7i7 in the matter preceding subparagraph 7,a71 by striking the state and inserting the ,state2 and 7ii7 in subparagraph 7,b71 by striking clutch and inserting cultch2 7,c7 in paragraph 7#b71 by striking state's and inserting ,state's2 and 7,d7 by adding at the end the following3 7#e7 ,the preservation or redevelopment of working waterfronts in the coastal zone4 2 7#b7 in subsection 7d77#a7-- 7,a7 by striking the state and inserting the ,state2 and 7,b7 by striking to state and inserting to ,state2 and 7#c7 in subsection 7e7-- 7,a7 by striking that state and inserting that ,state2 and 7,b7 by striking the state's and inserting the ,state's4 #ajd4 ,coordination and cooperation 7a7 ,in general ,section #cjg 7#af ,u4,s4,c4 #adef7 is amended-- 7#a7 in subsections 7b7 and 7d71 by striking state and inserting ,state2 7#b7 in subsection 7c7-- 7,a7 in paragraph 7#b71 by striking a state and inserting a ,state2 and 7,b7 in paragraph 7#c7-- 7i7 by striking state's each place it appears and inserting ,state's2 7ii7 by striking the state each place it appears and inserting the ,state2 7iii7 by striking such state each place it appears and inserting such ,state2 7iv7 in subparagraph 7,a71 by striking that state and inserting that ,state2 7v7 in subparagraph 7,b77ii71 by striking federal and inserting ,federal2 and 7vi7 in the matter following subparagraph 7,b77iii71 by striking a state and inserting a ,state2 7#c7 in subsection 7e77#a7-- 7,a7 by striking or state and inserting or ,state2 and 7,b7 by striking more states each place it appears and inserting more ,states2 7#d7 in subsection 7f71 by striking any state and inserting any ,state2 7#e7 in subsection 7g71 by striking any state's and inserting any ,state's2 and 7#f7 by amending subsection 7h71 to read as follows3 7h7 ,mediation of disagreements 7#a7 ,in general ,the ,secretary may mediate a serious disagreement between any ,federal agency and a coastal ,state or between two or more willing coastal ,states-- 7,a7 in the development or the initial implementation of a management program under section #cje2 7,b7 in the administration of a management program approved under section #cje2 or 7,c7 in coordination and cooperation under this section4 7#b7 ,cooperation ,the ,secretary1 with the cooperation of the ,executive ,office of the ,president1 shall seek to mediate the differences involved in a disagreement described in paragraph 7#a74 7#c7 ,public hearings ,mediation under this subsection shall1 with respect to any disagreement described in paragraph 7#a77;,b71 include public hearings in the local area concerned4 2 and 7#g7 by adding at the end the following3 7j7 ,interstate and regional coordination 7#a7 ,in general ,the coastal ,states are encouraged-- 7,a7 to coordinate ,state coastal zone planning1 policies1 and programs with respect to contiguous areas1 shared resources1 and interstate waters of such ,states2 7,b7 to study1 plan1 and implement unified coastal zone policies with respect to such areas2 and 7,c7 to establish an effective mechanism1 and participate in mediation under subsection 7h71 to identify1 examine1 and cooperatively resolve mutual problems with respect to the marine and coastal areas which affect1 directly or indirectly1 the coastal zone4 7#b7 ,agreements or compacts ,subject to paragraph 7#c71 the coastal zone activities described in this subsection may be conducted pursuant to interstate or regional agreements or compacts4 7#c7 ,permissible agreements or compacts ,two or more coastal ,states may negotiate and enter into any interstate or regional agreement or compact to do the following unless the agreement or compact conflicts with any law or treaty of the ,united ,states3 7,a7 ,to develop and administer coordinated coastal zone planning1 policies1 programs1 and dispute resolution4 7,b7 ,to establish executive instrumentalities or agencies that such ,states consider necessary for the effective implementation of an agreement or compact under this subsection4 7#d7 ,binding effect ,an agreement or compact under paragraph 7#c7 shall be binding and obligatory upon any ,state or party thereto without further approval by ,congress4 4 7b7 ,rule of construction ,nothing in this section1 or the amendments made by this section1 may be construed to affect any mediation that was commenced before the date of enactment of this ,act4 #aje4 ,coastal zone enhancement grants 7a7 ,in general ,section #cji7;a7 7#af ,u4,s4,c4 #adef;b7a77 is amended-- 7#a7 by amending paragraph 7#a7 to read as follows3 7#a7 ,protection1 restoration1 or enhancement of existing coastal wetlands1 seagrass beds1 coral reefs1 oyster habitat1 and marine habitat1 or creation of new coastal wetlands4 2 7#b7 by amending paragraph 7#b7 to read as follows3 7#b7 ,increasing coastal resilience and preventing or reducing loss of life and property by limiting development and redevelopment in high-hazard areas1 using natural and restoration approaches to reduce flood risk1 or anticipating and managing the effects of potential sea level rise and ,great ,lakes level change4 2 7#c7 by amending paragraph 7#g7 to read as follows3 7#g7 ,planning for the use of ocean and ,great ,lakes resources4 2 and 7#d7 by adding at the end the following3 7#aj7 ,interstate water resource and coastal management planning to facilitate healthy and resilient coastal natural resources1 land uses1 and water uses1 and to resolve water management conflict4 7#aa7 ,identification and adoption of procedures and enforceable policies to ensure sufficient response capabilities at the ,state level to address the environmental1 economic1 and social impacts of oil spills or other accidents resulting from ,outer ,continental ,shelf energy activities with the potential to affect land or water use or natural resources of the coastal zone4 7#ab7 ,the development of a coordinated process to maximize the efficiency of processing permits related to activities in the coastal zone4 4 7b7 ,evaluation of ,state proposals by ,secretary ,section #cji7;c7 7#af ,u4,s4,c4 #adef;b7c77 is amended by striking and the overall merit of each proposal in terms of benefits to the public and inserting and are consistent with the rules and regulations promulgated under section #cjf4 7c7 ,rule of construction ,nothing in this section1 or the amendments made by this section1 may be construed to affect any grant made or funding awarded under section #cji of the ,coast ,zone ,management ,act of #aigb 7#af ,u4,s4,c4 #adef;b7 before the date of enactment of this ,act4 #ajf4 ,national estuarine research reserve system 7a7 ,in general ,section #cae 7#af ,u4,s4,c4 #adfa7 is amended-- 7#a7 in subsection 7a7-- 7,a7 by redesignating paragraphs 7#a7 and 7#b7 as subparagraphs 7,a7 and 7,b71 respectively1 and indenting appropriately2 7,b7 in the matter preceding subparagraph 7,a71 as redesignated1 by inserting 7#b7 ,in general4-- before ,there is and indenting appropriately2 7,c7 in the matter following subparagraph 7,b71 as redesignated1 by inserting 7#b7 ,national estuarine reserves4--2 7,d7 in paragraph 7#a71 as redesignated1 by striking consists of-- and inserting is a network of areas designated to promote informed management of the ,nation's estuarine and coastal areas through interconnected programs in resource stewardship1 education and training1 monitoring1 research1 and scientific understanding consisting of--2 and 7,e7 in paragraph 7#b71 as redesignated1 by striking paragraph 7#a7 and inserting paragraph 7#a77;,a72 7#b7 by amending subsection 7b77#b77;,c7 to read as follows3 7,c7 designation of the area as a reserve will serve to enhance ,state coastal management1 public awareness1 and understanding of estuarine areas1 and provide suitable opportunities for education1 interpretation1 training1 and demonstration projects2 and 2 7#c7 by redesignating subsections 7c7 through 7g7 as subsections 7d7 through 7h71 respectively2 7#d7 by inserting after subsection 7b7 the following3 7c7 ,expansion of national estuarine reserves 7#a7 ,in general ,subject to paragraph 7#b71 the ,secretary shall periodically evaluate whether to expand the estuarine area of each national estuarine reserve4 7#b7 ,considerations ,in evaluating whether to expand the area described in paragraph 7#a71 the ,secretary shall consider-- 7,a7 the recommendations of-- 7i7 prominent members of the estuarine research community2 7ii7 the ,governor of the coast ,state in which the area is located2 7iii7 the ,system2 and 7iv7 the head of each relevant ,federal agency2 7,b7 any changing environmental conditions1 including increased pressure on the resources to be researched and potential adaptation benefits of the expansion2 and 7,c7 the impact to that national estuarine reserve and the ,system4 2 7#e7 in subsection 7f71 as redesignated-- 7,a7 in paragraph 7#a77;,a7-- 7i7 in clause 7i71 by striking reserve and inserting reserve2 and2 7ii7 in clause 7ii71 by striking and constructing appropriate reserve facilities1 or and inserting 1 including for resource stewardship activities and for constructing reserve facilities2 and 7iii7 by striking clause 7iii72 7,b7 by amending paragraph 7#a77;,b7 to read as follows3 7,b7 to any coastal ,state or public or private person-- 7i7 for purposes of supporting research and monitoring association with a national estuarine reserve that are consistent with the research guidelines developed under subsection 7d72 or 7ii7 for purposes of conducting educational1 interpretive1 or training activities for a national estuarine reserve that are consistent with the research guidelines developed under subsection 7d74 2 and 7,c7 by adding at the end the following3 7#d7 7,a7 ,the ,secretary may-- 7i7 enter into cooperative agreements1 financial agreements1 grants1 contracts1 or other agreements with any nonprofit organization1 authorizing the nonprofit organization to solicit donations to carry out the purposes and policies of this section1 except for general administration of reserves or the ,system1 and which are consistent with the purposes and policies of this section2 and 7ii7 accept donations of funds and services for use in carrying out the purposes and policies of this section1 except for general administration of reserves or the ,system1 and which are consistent with the purposes and policies of this section4 7,b7 ,donations accepted under this paragraph 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 2 and 7#f7 by amending subsection 7g71 as redesignated1 to read as follows3 7g7 ,evaluation of system performance 7#a7 ,the ,secretary shall periodically evaluate the operation and management of the ,national ,estuarine ,research ,reserve ,system and each national estuarine reserve1 including coordination with other ,state programs1 education and interpretive activities1 and the research being conducted within the reserve4 7#b7 ,if an evaluation under paragraph 7#a7 reveals that the operation1 management1 education1 or research conducted by the ,system as a whole is deficient1 the ,secretary shall provide the ,system with recommendations to improve the deficiencies4 7#c7 ,if an evaluation under paragraph 7#a7 reveals that the operation and management of a reserve is deficient1 or that the research being conducted within the reserve is not consistent with the research guidelines developed under subsection 7d71 the ,secretary may suspend the eligibility of that reserve for financial assistance under subsection 7f7 until the deficiency or inconsistency is remedied4 7#d7 ,the ,secretary may withdraw the designation of an estuarine area as a national estuarine reserve if an evaluation under paragraph 7#a7 reveals that-- 7,a7 the basis for any one or more of the findings under subsection 7b77#b7 regarding that area no longer exists2 or 7,b7 a substantial portion of the research conducted within the area1 over a period of years1 has not been consistent with the research guidelines developed under subsection 7d74 4 7b7 ,technical and conforming amendments ,section #cae 7#af ,u4,s4,c4 #adfa71 as amended1 is further amended-- 7#a7 in subsection 7d77#e71 as redesignated1 by striking subsection 7d7 and inserting subsection 7e72 and 7#b7 in subsection 7h71 as redesignated1 by striking subsection 7f7 and inserting subsection 7g74 7c7 ,rule of construction ,nothing in this section1 or the amendments made by this section1 may be construed to affect any grant made or financial assistance provided under section #cae of the ,coast ,zone ,management ,act of #aigb 7#af ,u4,s4,c4 #adfa7 before the date of enactment of this ,act4 #ajg4 ,coastal zone management reports ,section #caf 7#af ,u4,s4,c4 #adfb7 is amended-- 7#a7 by amending subsection 7a7 to read as follows3 7a7 ,reports 7#a7 ,in general ,the ,secretary shall-- 7,a7 consult with ,congress on a regular basis concerning the administration of this title2 and 7,b7 submit to ,congress a report summarizing the administration of this title during each period of #e consecutive fiscal years4 7#b7 ,contents ,each report under paragraph 7#a7 shall include-- 7,a7 an identification of the ,state programs approved under this title during the preceding #d ,federal fiscal years and a description of those programs2 7,b7 a list of the ,states participating in the provisions of this title and the status of each ,state's programs and accomplishments during the preceding #d ,federal fiscal years2 7,c7 an itemization of the allocation of funds to the various coastal ,states and a breakdown of the major projects and areas on which these funds were expended2 7,d7 an identification of each ,state program that was reviewed and disapproved1 including the reasons for the disapproval2 7,e7 a summary of evaluation findings prepared in accordance with subsection 7a7 of section #cab1 and a description of any sanctions imposed under subsections 7c7 and 7d7 of that section2 7,f7 a list of all activities and projects which1 under the provisions of subsection 7c7 or subsection 7d7 of section #cjg1 are not consistent with an applicable approved ,state management program2 7,g7 a summary of the regulations issued by the ,secretary or in effect during the preceding #d ,federal fiscal years2 7,h7 a summary of a coordinated national strategy and program for the ,nation's coastal zone1 including identification and discussion of ,federal1 regional1 ,state1 and local responsibilities and functions therein2 7,i7 a summary of outstanding problems arising in the administration of this title in order of priority2 7,j7 a description of the economic1 environmental1 and social consequences of energy activity affecting the coastal zone and an evaluation of the effectiveness of financial assistance under section #cjh in dealing with such consequences2 7,k7 a description and evaluation of applicable interstate and regional planning and coordination mechanisms developed by the coastal states2 7,l7 a summary and evaluation of the research1 studies1 and training conducted in support of coastal zone management2 and 7,m7 such other information as may be appropriate4 2 and 7#b7 in subsection 7b71 by striking deems and inserting considers4 #ajh4 ,technical and conforming amendments 7a7 ,congressional declaration of policy ,section #cjc 7#af ,u4,s4,c4 #adeb7 is amended-- 7#a7 in paragraph 7#b7-- 7,a7 in the matter preceding subparagraph 7,a71 by striking states and inserting ,states2 and 7,b7 in subparagraph 7,b71 by striking the period at the end and inserting a comma2 and 7#b7 in paragraph 7#d71 by striking state and inserting ,state4 7b7 ,administrative grants ,section #cjf7;d77#aj77;,a7 7#af ,u4,s4,c4 #adee7;d77#aj77;,a77 is amended by inserting a comma after development4 7c7 ,authorization of the ,coastal and ,estuarine ,land ,conservation ,program ,section #cjg;,a 7#af ,u4,s4,c4 #adef-a7 is amended-- 7#a7 in subsection 7f77#d77;,a77i71 by striking section #b7;b7 and inserting subsection 7b72 and 7#b7 in subsection 7f77#d77;,c71 by striking in 7,a7 and inserting in subparagraph 7,a74 7d7 ,review of performance ,section #cab 7#af ,u4,s4,c4 #adeh7 is amended in subsections 7a7 and 7e71 by striking the state and inserting the ,state4 7e7 ,rules and regulations ,section #cag 7#af ,u4,s4,c4 #adfc7 is amended by striking state agencies and inserting ,state agencies4 #aji4 ,authorization of appropriations ,section #cah7;a7 7#af ,u4,s4,c4 #adfd7;a77 is amended to read as follows3 7a7 ,sums appropriated to ,secretary ,there is authorized to be appropriated to the ,secretary1 to remain available until expended-- 7#a7 for grants under sections #cjf1 #cjf;,a1 and #cji1 #hj1jjj1jjj for each of fiscal years #bjah through #bjbb2 and 7#b7 for grants under section #cae1 #be1jjj1jjj for each of fiscal years #bjah through #bjbb4 4 ,,ii ,agency consultations regarding coastal zone impacts #bja4 ,agency consultations regarding coastal zone impacts ,the ,fish and ,wildlife ,coordination ,act 7#af ,u4,s4,c4 #ffa et seq47 is amended-- 7#a7 in section #b7;a7 7#af ,u4,s4,c4 #ffb7;a77-- 7,a7 by striking ,interior1 and with the and inserting ,interior1 ,national ,oceanic and ,atmospheric ,administration1 ,department of ,commerce1 the2 and 7,b7 by inserting and the head of any potentially impacted coastal ,state 7as defined in section #cjd of the ,coastal ,zone ,management ,act of #aigb 7#af ,u4,s4,c4 #adec71 before with a view2 and 7#b7 in section #h 7#af ,u4,s4,c4 #fff;b71 by adding and fisheries 7as those terms are defined in section #c of the ,magnuson-,stevens ,fishery ,conservation and ,management ,act 7#af ,u4,s4,c4 #ahjb77 after fishes4