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.

I 118TH CONGRESS 1ST SESSION H. R. 3976 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 JUNE 9, 2023 Mr. KILMER introduced the following bill; which was referred to the Committee on Natural Resources 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. 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 FOR TRIBAL COASTAL ZONE OBJEC- 3 TIVES. 4 (a) GRANTS AUTHORIZED.—The Coastal Zone Man- 5 agement Act of 1972 (16 U.S.C. 1451 et seq.) is amended 6 by inserting after section 309 the following: 7 VerDate Sep 11 2014 03:17 Jul 08, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3976.IH H3976 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 3976 IH ‘‘SEC. 309A. GRANTS FOR TRIBAL COASTAL ZONE OBJEC- 1 TIVES. 2 ‘‘(a) GRANTS AUTHORIZED.—The Secretary may 3 award competitive grants to— 4 ‘‘(1) Tribal Governments to further achieve- 5 ment of the Tribal coastal zone objectives of such 6 governments; and 7 ‘‘(2) Native Hawaiian organizations, to further 8 achievement of the coastal zone objectives identified 9 in the corresponding approved management program 10 as specified in section 306(d). 11 ‘‘(b) COST SHARE.—The Federal share of the cost 12 of any activity carried out with a grant under this section 13 shall be 100 percent of such cost. 14 ‘‘(c) CONDITIONS.—The Secretary may not award a 15 grant under this section unless the Secretary determines 16 that— 17 ‘‘(1) the activities to be carried out with the 18 grant are compatible with this title; and 19 ‘‘(2) the potential grant recipient has consulted 20 with the affected coastal state regarding the objec- 21 tives and purposes of the grant. 22 ‘‘(d) AUTHORIZED OBJECTIVES AND PURPOSES.— 23 Amounts awarded through a grant under this section shall 24 be used for 1 or more of the objectives and purposes au- 25 thorized under subsections (b) and (c), respectively, of sec- 26 VerDate Sep 11 2014 03:17 Jul 08, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3976.IH H3976 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 3976 IH tion 306A, with respect to the grant recipient and the cor- 1 responding coastal zone. In applying section 306A(b) 2 under this subsection, a reference in that section to a pro- 3 vision shall be considered to be a corresponding provision 4 or policy for an Indian Tribe or Native Hawaiian organi- 5 zation, as the case may be. 6 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There 7 is authorized to be appropriated to carry out this section 8 $5,000,000 for each of fiscal years 2023 through 2028, 9 to remain available until expended. 10 ‘‘(f) DEFINITIONS.—In this section: 11 ‘‘(1) INDIAN LAND.—The term ‘Indian land’ 12 has the meaning given such term in section 2601 of 13 the Energy Policy Act of 1992 (25 U.S.C. 3501). 14 ‘‘(2) NATIVE HAWAIIAN ORGANIZATION.—The 15 term ‘Native Hawaiian organization’ has the mean- 16 ing given such term in section 3 of the NATIVE Act 17 (25 U.S.C. 4352). 18 ‘‘(3) TRIBAL COASTAL ZONE.—The term ‘Tribal 19 coastal zone’ means any Indian land of a Tribal 20 Government that is within the coastal zone. 21 ‘‘(4) TRIBAL COASTAL ZONE OBJECTIVE.—The 22 term ‘Tribal coastal zone objective’ means, with re- 23 spect to a Tribal Government and its Tribal coastal 24 zone, any of the following objectives: 25 VerDate Sep 11 2014 03:17 Jul 08, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3976.IH H3976 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 3976 IH ‘‘(A) Protection, restoration, or preserva- 1 tion of areas in the Tribal coastal zone of such 2 Tribal Government that hold— 3 ‘‘(i) important ecological, cultural, or 4 sacred significance for such Tribal Govern- 5 ment; or 6 ‘‘(ii) traditional, historic, and esthetic 7 values essential to such Tribal Govern- 8 ment. 9 ‘‘(B) Preparing and implementing a special 10 area management plan and technical planning 11 for important coastal areas. 12 ‘‘(C) Taking any coastal or shoreline sta- 13 bilization measure, including any mitigation 14 measure, for the purpose of public safety, public 15 access, or cultural or historical preservation.’’. 16 (b) GUIDANCE.—Not later than 180 days after the 17 date of enactment of this Act, the Secretary, acting 18 through the Under Secretary, shall issue guidance for the 19 program established under section 309A of the Coastal 20 Zone Management Act of 1972, as added by subsection 21 (a), including the criteria for awarding grants under such 22 program, which guidance shall be established in consulta- 23 tion with Tribal Governments (as defined in section 304 24 VerDate Sep 11 2014 03:17 Jul 08, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3976.IH H3976 kjohnson on DSK79L0C42PROD with BILLS 5 •HR 3976 IH of that Act) and Native Hawaiian organizations (as de- 1 fined in section 309A(f) of that Act). 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 amend- 5 ed— 6 (1) in subparagraph (D), by striking ‘‘; and’’ 7 and inserting a semicolon; 8 (2) in subparagraph (E), by striking the period 9 at the end and inserting ‘‘; and’’; and 10 (3) by adding at the end the following: 11 ‘‘(F) fulfilling any Tribal coastal zone ob- 12 jective (as that term is defined in section 309A) 13 or coastal zone objective described in section 14 309A(a)(2).’’. 15 (d) OTHER PROGRAMS NOT AFFECTED.—Nothing in 16 this section, including the amendments made by this sec- 17 tion, may be construed to affect the ability of a Tribal 18 Government or Native Hawaiian government to apply for 19 or receive assistance under, or participate in any program 20 authorized by, the Coastal Zone Management Act of 1972 21 (16 U.S.C. 1451 et seq.) or other related Federal laws. 22 Æ VerDate Sep 11 2014 20:59 Jul 08, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\H3976.IH H3976 kjohnson on DSK79L0C42PROD with BILLS