Requires the Secretary of Commerce to provide training, education, and technical assistance for coastal zone management. Authorizes Federal agencies and instrumentalities to assist the Secretary on a reimbursable basis.
Revises review requirements for coastal State management programs to change the frequency of review from continuing to every five years.
Makes the Walter B. Jones Excellence in Coastal Zone Management Awards program discretionary instead of mandatory.
Requires the Secretary to establish a national coastal zone management outcome indicators monitoring and performance evaluation system that provides for public comment and participation and uses a common set of measurable outcome indicators to evaluate the performance of State coastal zone management programs.
[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1026 Introduced in House (IH)]
108th CONGRESS
1st Session
H. R. 1026
To amend the Coastal Zone Management Act of 1972 to reauthorize coastal
services, training, education, and technical support programs of the
National Oceanic and Atmospheric Administration, to establish a
performance evaluation system for such administration, 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 reauthorize coastal
services, training, education, and technical support programs of the
National Oceanic and Atmospheric Administration, to establish a
performance evaluation system for such administration, 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 ``Coastal Services and Performance
Evaluation Act of 2003''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Amendment of Coastal Zone Management Act of 1972.
Sec. 4. Policy.
Sec. 5. Coastal Zone Management Fund.
Sec. 6. Coastal services.
Sec. 7. Review of performance.
Sec. 8. Amendments relating to Walter B. Jones Awards for Excellence in
Coastal Zone Management.
Sec. 9. Reports.
Sec. 10. Authorization of appropriations.
Sec. 11. Technical corrections.
Sec. 12. Coastal zone management outcome indicators and monitoring and
performance evaluation system.
SEC. 3. 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.).
SEC. 4. POLICY.
Section 303 (16 U.S.C. 1452) is amended in paragraph (2)(J) by
striking ``State'' the second place it appears and inserting ``State
and Federal fish''.
SEC. 5. COASTAL ZONE MANAGEMENT FUND.
Section 308 (16 U.S.C. 1456a) is amended--
(1) in subsection (a) by striking paragraph (2) and
inserting the following:
``(2) Loan repayments made pursuant to 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 appropriation
Acts, shall be available to the Secretary for purposes
of this title and transferred to the Operations,
Research, and Facilities account to offset the costs of
implementing this title.''; and
(2) in subsection (b)--
(A) by striking paragraphs (2) and (3); and
(B) by striking ``(b)(1)'' and inserting ``(b)''.
SEC. 6. COASTAL SERVICES.
Section 310 (16 U.S.C. 1456c) is amended--
(1) by striking so much as precedes subsection (b) and
inserting the following:
``coastal services, training, education, and technical support
``Sec. 310. (a)(1) The Secretary shall conduct a program of
training, education, technical assistance, technology transfer,
management-oriented research, and other services to support--
``(A) State coastal management programs and national
estuarine reserves designated under this title; and
``(B) other Federal agencies, local governments, Indian
tribes, other persons, and international cooperative efforts
relating to the comprehensive planning, conservation, and
management of ocean and coastal resources.
``(2) The Secretary may, in implementing this program, take into
consideration the need to address regional or local concerns, including
the unique needs of island States and territories, in order to provide
effective and efficient support and develop expertise.
``(3) The Secretary shall coordinate the technical assistance,
studies, management-oriented research, and other activities under this
section with any other relevant activities conducted by or subject to
the authority of the Secretary.'';
(2) in subsection (b) by inserting ``Coordination and
Consultation.--'' after ``(b)''; and
(3) by adding at the end the following:
``(c) Assistance From Other Agencies and Persons.--(1) Each
department, agency, and instrumentality of the executive branch of the
Federal Government may assist the Secretary, on a reimbursable basis or
otherwise, in carrying out the purposes of this section, including the
furnishing of information to the extent permitted by law, the transfer
of personnel with their consent and without prejudice to their position
and rating, and the performance of any research, study, and technical
assistance that does not interfere with the performance of the primary
duties of such department, agency, or instrumentality.
``(2) The Secretary may enter into contracts or other arrangements
with other Federal agencies and any other qualified person for the
purposes of carrying out this section.''.
SEC. 7. REVIEW OF PERFORMANCE.
Section 312 (16 U.S.C. 1458) is amended by striking ``Sec. 312.''
and all that follows through subsection (a) and inserting the
following:
``Sec. 312. (a) Review.--No less than every 5 years, the Secretary
shall conduct a review of the performance of a coastal State's
management program. Each review shall include a written evaluation with
an assessment and detailed findings concerning the extent to which the
State has implemented and enforced the program approved by the
Secretary, addressed the coastal management needs identified in section
303(2)(A) through (K), met any outcome indicators established by the
Secretary under section 12 of the Coastal Services and Performance
Evaluation Act of 2003, and adhered to the terms of any grant, loan, or
cooperative agreement funded under this title.''.
SEC. 8. AMENDMENTS RELATING TO WALTER B. JONES AWARDS FOR EXCELLENCE IN
COASTAL ZONE MANAGEMENT.
Section 314 (16 U.S.C. 1460) is amended--
(1) by amending subsection (a) to read as follows:
``(a) Authorization of Program.--(1) The Secretary may implement a
program to promote excellence in coastal zone management by identifying
and making awards acknowledging outstanding accomplishments in the
field of coastal zone management. An award under this section shall be
known as a `Walter B. Jones Award'.
``(2) Awards under this section may include, subject to the
availability of appropriations--
``(A) cash awards of not more than $5,000 each;
``(B) research grants; and
``(C) public ceremonies to acknowledge accomplishments in
the field of coastal zone management.'';
(2) in subsection (b) in the matter preceding paragraph
(1), by striking ``shall elect annually'' and inserting ``may
select annually for an award under this section''; and
(3) by repealing subsection (e).
SEC. 9. REPORTS.
Section 316(a) (16 U.S.C. 1462(a)) is amended--
(1) in subsection (a)--
(A) by striking ``to the President for
transmittal''; and
(B) in clause (10) by striking ``and an evaluation
of the effectiveness of financial assistance under
section 308 in dealing with such consequences''; and
(2) by amending subsection (c) to read as follows:
``(c) State of the Coast Report.--Not less than 24 months after the
date of the enactment of this subsection, and not less than every 24
months thereafter, the Secretary shall provide a coastal status report
to the Congress that includes the following:
``(1) An assessment of the ecological status and trends of
United States marine resources.
``(2) An identification and analysis of the changes in
those status and trends since the previous report.
``(3) An identification and assessment of Government
performance measures that track the status and trends of United
States marine resources.
``(4) An evaluation of the adequacy of marine resource
monitoring and assessment programs.''.
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
Section 318(a) (16 U.S.C. 1464(a)) is amended--
(1) in paragraph (1) by striking ``and'' after the
semicolon at the end;
(2) in paragraph (2) by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(3) to carry out section 310 and for awards under section
314--
``(A) $28,000,000 for fiscal year 2004;
``(B) $29,000,000 for fiscal year 2005; and
``(C) $30,000,000 for each of fiscal years 2006
through 2008.''.
SEC. 11. TECHNICAL CORRECTIONS.
The Coastal Zone Management Act of 1972 is amended--
(1) in section 304(5) (16 U.S.C. 1453(5)) by striking the
semicolon and inserting a colon;
(2) in section 306(a), as redesignated by this Act, in
paragraph (10)(A) by inserting a comma after ``development'';
(3) by striking ``coastal state'' each place it appears and
inserting ``coastal State'';
(4) by striking ``coastal states'' each place it appears
and inserting ``coastal States'';
(5) by striking ``coastal state's'' each place it appears
and inserting ``coastal State's'';
(6) by striking the term ``state'' each place it appears in
reference to a State of the United States (other than in the
term ``coastal state'') and inserting ``State'';
(7) by striking the term ``states'' each place it appears
in reference to States of the United States (other than in the
term ``coastal states'') and inserting ``States''; and
(8) by striking the term ``state's'' each place it appears
in reference to a State of the United States (other than in the
term ``coastal state's'') and inserting ``State's''.
SEC. 12. COASTAL ZONE MANAGEMENT OUTCOME INDICATORS AND MONITORING AND
PERFORMANCE EVALUATION SYSTEM.
(a) In General.--
(1) Performance guidelines and evaluation.--The Secretary
of Commerce shall, by not later than 1 year after the date of
enactment of this Act, submit to the Committee on Resources of
the House of Representatives a report identifying a common set
of measurable outcome indicators to evaluate the performance of
State coastal zone management programs in furthering the goals
and objectives identified in the States' approved coastal
management programs, and in the achievement of the national
policy declared in section 303 of the Coastal Zone Management
Act of 1972 (16 U.S.C. 1452).
(2) Assessment of coastal and marine monitoring,
assessment, and other information.--The Secretary shall, by not
later than 2 years after the date of enactment of this Act,
submit to the Committee on Resources of the House of
Representatives a report providing--
(A) an assessment of the adequacy of coastal and
marine monitoring, assessment, and other information
necessary to establish a coastal zone management
outcome monitoring and performance evaluation system;
and
(B) recommendations for improving the availability
of such information, including funding needs.
(3) Outcome monitoring and performance evaluation system.--
The Secretary shall, by not later than 3 years after the date
of the enactment of this Act, establish a national coastal zone
management outcome monitoring and performance evaluation system
that uses the common set of indicators identified in the report
under paragraph (1).
(b) Consultation.--
(1) State consultation.--In preparing each of the reports
under subsection (a), the Secretary shall consult with and
provide a copy of the draft report to each coastal State,
through the Governor of the State or the head of the State
agency designated by such Governor pursuant to section
310(d)(6) of the Coastal Zone Management Act of 1972 (16 U.S.C.
1455(d)(6)).
(2) Public comment and participation.--The Secretary shall
also implement a public process to solicit the views and
comments of Federal agencies, local governments, regional
organizations, port authorities, and other interested public
and private persons regarding such reports, and shall make
available to such persons copies of each draft of such reports
for review and comment.
(3) Response to comments.--The Secretary shall include in
each final report under subsection (a)--
(A) any comments on each draft of the report
received from a Governor or the head of such a
designated State agency, and the Secretary's responses
to such comments; and
(B) a summary of other public comments regarding
the report, and the Secretary's response to those
comments.
(c) Authorization of Appropriations.--To carry out this section,
there are authorized to be appropriated to the Secretary $1,000,000 for
each of the fiscal years 2004, 2005, and 2006.
<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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