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 Updated August 26, 2002

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Coastal Zone Management Act
107th Congress

 

Over sixty percent of all Americans live within 50 miles of the Atlantic and Pacific Oceans, the Gulf of Mexico and the five Great Lakes. The population density of these areas is four times the national average, and coastal population is expected to grow by 15 percent during the next two decades. With this rise in population, there has been a tremendous increase in the competing uses of coastal resources.

In an effort to encourage states to better manage coastal areas, Congress enacted the Coastal Zone Management Act (CZMA) in 1972. CZMA provides grants to states that develop and implement Federally approved coastal zone management plans. It also allows states with approved plans the right to review Federal actions to ensure they are consistent with those plans, and it authorizes the National Estuarine Research Reserve System.

To date, 33 of the 35 eligible coastal states and U.S. territories have Federally approved plans. The approved plans include more than 100,000 miles of coastline, which represent nearly all of the national total.

The CZMA requires that approved state management programs include the following:

(1) the boundaries of the coastal zone affected by the program;
(2) an inventory and designation of areas of particular concern in the coastal zone;
(3) a definition of permitted land and water uses that directly impact coastal waters;
(4) an identification of how those uses will be controlled;
(5) an outline of broad guidelines to determine priority of uses in coastal areas;
(6) a description of the administrative structure that will operate the approved management program;
(7) a definition of "beach" and a planning process for dealing with access to public coastal areas;
(8) a planning process for energy facilities likely to be located in or to significantly affect the coastal zone; and
(9) a planning process for studying both the effects of coastal erosion and alternative ways to control it.

Each coastal state with an approved plan receives between $500,000 and $2.15 million each year in Federal Administrative Grant money which must be matched by the state. The amount of money each state receives is dependent upon its coastal population and shoreline mileage, and this is the primary funding available for the state programs.

Coastal states making satisfactory progress implementing their plans are also eligible for Resource Management Improvement Grants. These grants are designed to help states preserve or restore coastal areas, redevelop urban waterfronts and ports, and provide access to public beaches and coastal waters. These grants must also be matched by the state.

Finally, participating states may compete for Coastal Zone Enhancement Grants. These additional Federal funds can be used to strengthen the state programs in one or more of the following areas:

wetland protection and restoration;
increased public access to coastal areas;
control of development impacts;
protection from coastal hazards;
special area management planning;
management of ocean resources; and
reduction of marine debris along the coast.

These grants are awarded by the National Oceanic and Atmospheric Administration (NOAA) based on a review of the state programs. No state match is required for these grants. State grants are funded at $52.7 million in Fiscal Year 1999.

Under law, states with approved plans have the right to review Federal activities (including private activities that require Federal permits) to determine whether they are consistent with the policies of the state's coastal zone management program. If the Federal action is not consistent to "the maximum extent practicable" with the state program, changes must be made before the Federal activity is permitted. For Federal agency actions, the final determination of whether a Federal action is consistent lies with the Secretary of Commerce.

Furthermore, the Coastal Zone Management Act authorizes the National Estuarine Research Reserve System (NERRS). Under the CZMA, the Secretary of Commerce can make grants, not to exceed 50 percent of the cost of the project, which enable coastal states to acquire, develop, and operate estuarine research reserves. Designation of an estuarine reserve requires a state to agree to long-term management of the site for research purposes, and to provide information for use by coastal zone managers.

Since the NERRS program began in 1972, it has grown from a single 4,400-acre site in Oregon to a 24-site system managing over one million acres in 19 states and Puerto Rico. The program protects the integrity of these sites while allowing the public to learn firsthand about the coastal zone and the complexity and fragility of life within it. This program is funded at $4.3 million in Fiscal Year 1999.

The Coastal Zone Management Act was last reviewed in the 104th Congress, and is now authorized until September 30, 1999. The Subcommittee (on Fisheries Conservation, Wildlife and Oceans) will conduct hearings on the effectiveness of each of the grant programs mandated by the Act. --narrative courtesy of House Resources Committee

S 328, the Coastal Zone Enhancement Reauthorization of 2001, as introduced on February 14th by Sen. Olympia Snowe (R-ME), read a second time, and placed on the Senate Calendar, February 15th.

S 2608, the Coastal and Estuarine Land Protection Act of 2002. Introduced by Sen. Ernest Hollings (D-SC) and Sen. Judd Gregg (R-NH) and referred to the Commerce Committee (Chair Ernest Hollings, D-SC).

HR 897--Coastal Community Conservation Act of 2001 (to reauthorize the Coastal Zone Management Act). Introduced by Rep. Jim Saxton (R-NJ) on March 6th and referred to the Committee on Resources and to the Committee on Transportation and Infrastructure.

HR 3577--Coastal Resources Conservation Act (to reauthorize the Coastal Zone Management Act). Introduced by Rep. Wayne Gilchrest (R-MD) on December 20 and referred to the Committee on Resources.