Tribal Coastal Resiliency Act

IB Union Calendar No. 405 117TH CONGRESS 2D SESSION H. R. 1415 [Report No. 117–564] To amend the Coastal Zone Management Act of 1972 to authorize grants to Indian Tribes to further achievement of Tribal coastal zone objectives, and for other purposes. IN THE HOUSE OF REPRESENTATIVES FEBRUARY 26, 2021 Mr. KILMER (for himself, Mr. YOUNG, Mr. LARSEN of Washington, Ms. DELBENE, Mr. HUFFMAN, Ms. STRICKLAND, Ms. SCHRIER, Ms. PIN- GREE, and Ms. MOORE of Wisconsin) introduced the following bill; which was referred to the Committee on Natural Resources NOVEMBER 16, 2022 Additional sponsors: Mr. GRIJALVA and Mr. GALLEGO NOVEMBER 16, 2022 Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed [Strike out all after the enacting clause and insert the part printed in italic] [For text of introduced bill, see copy of bill as introduced on February 26, 2021] VerDate Sep 11 2014 23:36 Nov 16, 2022 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\H1415.RH H1415 pbinns on DSKJLVW7X2PROD with $$_JOB 2 •HR 1415 RH A BILL To amend the Coastal Zone Management Act of 1972 to authorize grants to Indian Tribes to further achievement of Tribal coastal zone objectives, and for other purposes. VerDate Sep 11 2014 23:36 Nov 16, 2022 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6652 E:\BILLS\H1415.RH H1415 pbinns on DSKJLVW7X2PROD with $$_JOB 3 •HR 1415 RH Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. GRANTS TO FURTHER ACHIEVEMENT OF TRIB- 3 AL COASTAL ZONE OBJECTIVES. 4 (a) GRANTS AUTHORIZED.—The Coastal Zone Man- 5 agement Act of 1972 (16 U.S.C. 1451 et seq.) is amended 6 by adding at the end the following: 7 ‘‘SEC. 320. GRANTS TO FURTHER ACHIEVEMENT OF TRIBAL 8 COASTAL ZONE OBJECTIVES. 9 ‘‘(a) GRANTS AUTHORIZED.—The Secretary may 10 award competitive grants to Indian Tribes to further 11 achievement of the objectives of such a Tribe for such Tribe’s 12 Tribal coastal zone. 13 ‘‘(b) COST SHARE.— 14 ‘‘(1) IN GENERAL.—The Federal share of the cost 15 of any activity carried out with a grant of $200,000 16 or more under this section shall not exceed 95 percent 17 of such cost, except as provided in paragraph (2). 18 ‘‘(2) WAIVER.—The Secretary may waive the ap- 19 plication of paragraph (1) with respect to a grant to 20 an Indian Tribe, or otherwise reduce the portion of 21 the share of the cost of an activity required to be paid 22 by an Indian Tribe under such paragraph. 23 ‘‘(c) COMPATIBILITY.—The Secretary may not award 24 a grant under this section unless the Secretary determines 25 VerDate Sep 11 2014 23:36 Nov 16, 2022 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6203 E:\BILLS\H1415.RH H1415 pbinns on DSKJLVW7X2PROD with $$_JOB 4 •HR 1415 RH that the activities to be carried out with the grant are com- 1 patible with this title. 2 ‘‘(d) AUTHORIZED OBJECTIVES AND PURPOSES.— 3 Amounts awarded as a grant under this section shall be 4 used for 1 or more of the objectives and purposes authorized 5 under subsections (b) and (c), respectively, of section 306A. 6 ‘‘(e) FUNDING.—There is authorized to be appro- 7 priated to the Secretary $5,000,000 to carry out this section 8 for each of fiscal years 2022 through 2026, of which up to 9 5 percent may be retained by NOAA to administer this sec- 10 tion. 11 ‘‘(f) DEFINITIONS.—In this section, the following defi- 12 nitions apply: 13 ‘‘(1) INDIAN LAND.—The term ‘Indian land’ has 14 the meaning given such term in section 2601 of the 15 Energy Policy Act of 1992 (25 U.S.C. 3501) and the 16 Indian Tribe is within a coastal state, as that term 17 is defined in section 304(4) (16 U.S.C. 1453(4)). 18 ‘‘(2) INDIAN TRIBE.—The term ‘Indian Tribe’ 19 has the meaning given such term in section 4 of the 20 Indian Self-Determination and Education Assistance 21 Act (25 U.S.C. 5304). 22 ‘‘(3) TRIBAL COASTAL ZONE.—The term ‘Tribal 23 coastal zone’ means any Indian land that is within 24 VerDate Sep 11 2014 23:36 Nov 16, 2022 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6203 E:\BILLS\H1415.RH H1415 pbinns on DSKJLVW7X2PROD with $$_JOB 5 •HR 1415 RH the coastal zone, as that term is defined in section 1 304(1) (16 U.S.C. 1453(1)). 2 ‘‘(4) TRIBAL COASTAL ZONE OBJECTIVE.—The 3 term ‘Tribal coastal zone objective’ means, with re- 4 spect to an Indian Tribe, any of the following objec- 5 tives: 6 ‘‘(A) Protection, restoration, or preservation 7 of areas in the Tribal coastal zone of such Tribe 8 that hold— 9 ‘‘(i) important ecological, cultural, or 10 sacred significance for such Tribe; or 11 ‘‘(ii) traditional, historic, and aesthetic 12 values essential to such Tribe. 13 ‘‘(B) Preparing and implementing a special 14 area management plan and technical planning 15 for important coastal areas. 16 ‘‘(C) Any coastal or shoreline stabilization 17 measure, including any mitigation measure, for 18 the purpose of public safety, public access, or cul- 19 tural or historical preservation.’’. 20 (b) GUIDANCE.—Not later than 180 days after the date 21 of the enactment of this Act, the Administrator shall issue 22 guidance for the program established under the amendment 23 made by subsection (a), including the criteria for awarding 24 VerDate Sep 11 2014 23:36 Nov 16, 2022 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6203 E:\BILLS\H1415.RH H1415 pbinns on DSKJLVW7X2PROD with $$_JOB 6 •HR 1415 RH grants under such program based on consultation with In- 1 dian Tribes. 2 (c) USE OF STATE GRANTS TO FULFILL TRIBAL OB- 3 JECTIVES.—Section 306A(c)(2) of the Coastal Zone Man- 4 agement Act of 1972 (16 U.S.C. 1455a(c)(2)) is amended 5 by striking ‘‘and’’ after the semicolon at the end of subpara- 6 graph (D), by striking the period at the end of subpara- 7 graph (E) and inserting ‘‘; and’’, and by adding at the end 8 the following: 9 ‘‘(F) fulfilling any Tribal coastal zone objective 10 (as that term is defined in section 320).’’. 11 (d) OTHER PROGRAMS NOT AFFECTED.—Nothing in 12 this section and the amendments made by this section may 13 be construed to limit the ability of an Indian Tribe to apply 14 for, receive assistance under, or participate in any program 15 authorized by any section of the Coastal Zone Management 16 Act of 1972 (16 U.S.C. 1451 et seq.) other than section 320 17 of such Act or other related Federal laws. 18 VerDate Sep 11 2014 23:36 Nov 16, 2022 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6203 E:\BILLS\H1415.RH H1415 pbinns on DSKJLVW7X2PROD with $$_JOB VerDate Sep 11 2014 23:36 Nov 16, 2022 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6203 E:\BILLS\H1415.RH H1415 pbinns on DSKJLVW7X2PROD with $$_JOB Union Calendar No. 405 117TH CONGRESS 2D SESSION H. R. 1415 [Report No. 117–564] A BILL To amend the Coastal Zone Management Act of 1972 to authorize grants to Indian Tribes to fur- ther achievement of Tribal coastal zone objec- tives, and for other purposes. NOVEMBER 16, 2022 Reported with an amendment, committed to the Com- mittee of the Whole House on the State of the Union, and ordered to be printed VerDate Sep 11 2014 23:36 Nov 16, 2022 Jkt 039200 PO 00000 Frm 00008 Fmt 6651 Sfmt 6651 E:\BILLS\H1415.RH H1415 pbinns on DSKJLVW7X2PROD with $$_JOB