Authorizes the Secretary of Commerce to designate additional areas as part of the System and specifies requirements for such.
Authorizes the Secretary to: (1) contract with an organization to solicit donations to carry out projects; and (2) accept such donations of funds and services.
[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1025 Introduced in House (IH)]
108th CONGRESS
1st Session
H. R. 1025
To amend the Coastal Zone Management Act of 1972 to establish the
National Estuarine Reserve System, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 27, 2003
Mr. Saxton introduced the following bill; which was referred to the
Committee on Resources
_______________________________________________________________________
A BILL
To amend the Coastal Zone Management Act of 1972 to establish the
National Estuarine Reserve System, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Estuarine Reserve System
Act of 2003''.
SEC. 2. ESTABLISHMENT OF NATIONAL ESTUARINE RESERVE SYSTEM.
(a) Policy.--Section 303 of the Coastal Zone Management Act of 1972
(16 U.S.C. 1452) is amended--
(1) in paragraph (5) by striking ``and'' after the
semicolon;
(2) in paragraph (6) by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(7) to use the National Estuarine Reserve System
established under section 315 to improve the understanding,
stewardship, and management of coastal and estuarine resources,
including the development, application, and transfer to local,
State, and Federal resources managers of innovative coastal and
estuarine resources management technologies and techniques.''.
(b) Definition of Resource Stewardship.--Section 304 of such Act
(16 U.S.C. 1453) is amended by adding at the end the following:
``(19) The term `resource stewardship' means the implementation of
management, research, and public education and outreach methods and
techniques to ensure the long-term conservation of fish, wildlife, and
plant resources and the maintenance of biological integrity, diversity,
and environmental health of coastal and estuarine resources.''.
(c) National Estuarine Reserve System.--Section 315 of such Act (16
U.S.C. 1461) is amended to read as follows:
``national estuarine reserve system
``Sec. 315. (a) Establishment of the System.--
``(1) In general.--There is established the National
Estuarine Reserve System. The System shall consist of--
``(A) each component of the National Estuarine
Research Reserve System established by this section, as
in effect immediately before the enactment of the
National Estuarine Reserve System Act of 2003; and
``(B) each national estuarine reserve designated
under this section.
``(2) Purpose.--The purpose of the System and of each
reserve is to improve the understanding, stewardship, and
management of coastal and estuarine resources.
``(3) Designation of existing sanctuaries as reserves.--
Each component of the National Estuarine Research Reserve
System referred to in paragraph (1)(A) is hereby designated as
a national estuarine reserve.
``(b) Designation of National Estuarine Reserves.--The Secretary
may designate an area as a national estuarine reserve if--
``(1) the area--
``(A) includes any part or all of an estuary and
any island, transitional area, and upland in,
adjoining, or adjacent to the estuary; and
``(B) constitutes to the extent feasible a natural
unit;
``(2) the Government of the coastal State in which the area
is located nominates the area for that designation; and
``(3) the Secretary finds that--
``(A) the area is a representative estuarine
ecosystem that is suitable for long-term research and
contributes to the biogeographical and typological
balance of the System;
``(B) the law of the coastal State provides long-
term protection for reserve resources to ensure a
stable environment for research, education, and
resource stewardship; and
``(C) designation of the area as a reserve will
serve to enhance public awareness and understanding of
coastal and estuarine resources, and provide suitable
opportunities for education, interpretation, training,
and demonstration projects to improve management of
coastal and estuarine resources.
``(c) Coastal and Estuarine Research, Education, and Resource
Stewardship Guidelines.--
``(1) In general.--The Secretary shall develop guidelines
for the conduct of research, education, and resource
stewardship within the System that shall include--
``(A) a mechanism for identifying, and establishing
priorities among, the coastal and estuarine management
issues that should be addressed through coordinated
research, education, and resource stewardship within
the System;
``(B) the establishment of common principles and
objectives to guide the development of research,
education, and resource stewardship programs within the
System;
``(C) the identification of uniform research
methodologies which will ensure comparability of data,
the broadest application of research results, and the
maximum use of the System for research purposes;
``(D) the establishment of performance standards
upon which the effectiveness of the research,
education, and resource stewardship efforts and the
value of reserves within the System in addressing the
coastal and estuarine management issues identified in
subparagraph (A) may be measured; and
``(E) the consideration of sources of funds for
coastal and estuarine research, education, and resource
stewardship in addition to the funds authorized under
this title, and strategies for encouraging the use of
such funds within the System, with particular emphasis
on mechanisms established under subsection (d).
``(2) Consultation.--In developing the guidelines under
this section, the Secretary shall consult with State
representatives and prominent members of the coastal and
estuarine research, education, and resource stewardship
community.
``(d) Promotion and Coordination of Coastal and Estuarine Research,
Education, and Resource Stewardship.--
``(1) In general.--The Secretary shall take such actions as
are necessary to promote and coordinate the use of the System
for coastal and estuarine research, education, and resource
stewardship purposes.
``(2) Required actions.--Actions under this subsection
shall include the following:
``(A) Requiring that research, education, and
resource stewardship activities administered or
supported by the Secretary and relating to coastal and
estuarine resources give priority consideration to
activities that use the System.
``(B) Consulting with other Federal and State
agencies to promote use of one or more reserves within
the System by such agencies when conducting coastal and
estuarine research, education, and resource stewardship
activities.
``(C) Establishing partnerships with other Federal
and State coastal and estuarine management programs to
coordinate and collaborate on coastal and estuarine
research, education, and resource stewardship.
``(e) Financial Assistance.--
``(1) In general.--The Secretary may, in accordance with
such rules and regulations as the Secretary shall promulgate,
make grants--
``(A) to a coastal State--
``(i) for purposes of acquiring such lands
and waters, and any property interests therein,
as are necessary to ensure the appropriate
long-term management of an area as a reserve
and constructing appropriate reserve
facilities;
``(ii) for purposes of operating or
managing a reserve; or
``(iii) for purposes of conducting resource
stewardship, educational, or interpretive
activities at a reserve; and
``(B) to any coastal State or public or private
person for purposes of--
``(i) supporting research and monitoring
within a reserve that are consistent with the
research guidelines developed under subsection
(c); or
``(ii) conducting educational,
interpretive, or training activities for a
reserve that are consistent with the education
guidelines developed under subsection (c).
``(2) Terms and conditions.--Financial assistance provided
under paragraph (1) shall be subject to such terms and
conditions as the Secretary considers necessary or appropriate
to protect the interests of the United States, including
requiring coastal States to execute suitable title documents
setting forth the property interest or interests of the United
States in any lands and waters acquired in whole or part with
such financial assistance.
``(3) Amount of assistance.--(A) The amount of the
financial assistance provided under paragraph (1)(A)(i) with
respect to the acquisition of lands and waters, or interests
therein, for any one national estuarine reserve may not exceed
an amount equal to 50 percent of the costs of the lands,
waters, and interests therein.
``(B)(i) Except as provided in clause (ii), the amount of
the financial assistance provided under paragraph (1)(A)(ii)
and paragraph (1)(B) may not exceed 70 percent of the costs
incurred to achieve the purposes described in those paragraphs
with respect to a reserve.
``(ii) The amount of financial assistance provided for
education and interpretive activities under paragraph
(1)(A)(iii) or research and monitoring activities under
paragraph (1)(B) may be up to 100 percent of any costs for
activities that service the System as a whole, including
System-wide monitoring equipment acquisition, data management,
and data synthesis; administration and synthesis of System-wide
research programs; and graduate research fellowship programs.
``(C) Notwithstanding subparagraphs (A) and (B), financial
assistance under this subsection provided from amounts
recovered as a result of damage to natural resources located in
the coastal zone may be used to pay 100 percent of the costs of
activities carried out with the assistance.
``(4) Donations.--(A) The Secretary may--
``(i) enter into cooperative agreements or
contracts with any nonprofit organization established
to benefit a reserve, authorizing the organization to
solicit donations to carry out projects, other than
general administration of the reserve or the System,
that are consistent with the purpose of the reserve and
the System; and
``(ii) accept donations of funds and services for
use in carrying out projects, other than general
administration of a reserve or the System, that are
consistent with the purpose of the reserve and the
System.
``(B) Donations accepted under this paragraph shall be
considered as a gift or bequest to or for the use of the United
States for carrying out this section.
``(f) Evaluation of System Performance.--
``(1) In general.--The Secretary shall periodically
evaluate the operation and management of each reserve,
including coordination with State programs established under
section 306, education and interpretive activities, and the
research being conducted within the reserve.
``(2) Suspension of financial assistance.--If evaluation
under paragraph (1) reveals that the operation and management
of the reserve is deficient, or that the research, education,
or resource stewardship being conducted within the reserve is
not consistent with the guidelines developed under subsection
(c), the Secretary may suspend the eligibility of that reserve
for financial assistance under subsection (e) until the
deficiency or inconsistency is remedied.
``(3) Withdrawal of designation.--The Secretary may
withdraw the designation of an estuarine area as a reserve if
evaluation under paragraph (1) reveals that--
``(A) the basis for any one or more of the findings
made under subsection (b)(3) regarding that area no
longer exists;
``(B) a substantial portion of the research,
education, or resource stewardship conducted within the
area, over a period of years, has not been consistent
with the guidelines developed under subsection (c); or
``(C) the coastal State in which the area is
located has not complied with the requirements of any
guidelines developed under subsection (c).
``(g) Report.--Every 2 years the Secretary shall report to the
Committee on Resources of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the Senate
information regarding--
``(1) the designation of new reserves;
``(2) the expansion of existing reserves;
``(3) the status of the research, education, and resource
stewardship program being conducted within the System; and
``(4) a summary of the evaluations made under subsection
(f).
``(h) Definitions.--In this section:
``(1) Reserve.--The term `reserve' means a component of the
National Estuarine Reserve designated under subsection (a)(3)
or (b).
``(2) System.--The term `System' means the National
Estuarine Reserve System established by this section.''.
(d) Authorization of Appropriations.--Section 318 of such Act (16
U.S.C. 1464) is amended--
(1) in subsection (a) by striking paragraph (2) and
inserting the following:
``(2) for grants under section 315--
``(A) $35,000,000 for fiscal year 2004;
``(B) $36,000,000 for fiscal year 2005;
``(C) $37,000,000 for fiscal year 2006;
``(D) $38,000,000 for fiscal year 2007; and
``(E) $39,000,000 for fiscal year 2008''; and
(2) by adding at the end thereof the following:
``(d) Limitation on Grants for Acquisition and Construction for
Reserves.--The Secretary shall ensure that of the funds provided under
paragraph (2) of subsection (a), no more than $15,000,000 is used for
assistance under section 315(e)(1)(A)(i).''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Resources.
Referred to the Subcommittee on Fisheries Conservation, Wildlife and Oceans.
Executive Comment Requested from Commerce.
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