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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.

H.R. 3976 · 118th Congress · Jun 9, 2023 · Lineage

A BILL

Section 1 Grants for tribal coastal zone objectives

(a)
Grants authorized— The Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.) is amended by inserting after section 309 the following:

“309A. Grants for tribal coastal zone objectives

“(a) Grants authorized—The Secretary may award competitive grants to—

“(1) Tribal Governments to further achievement of the Tribal coastal zone objectives of such governments; and

“(2) Native Hawaiian organizations, to further achievement of the coastal zone objectives identified in the corresponding approved management program as specified in section 306(d).

“(b) Cost share—The Federal share of the cost of any activity carried out with a grant under this section shall be 100 percent of such cost.

“(c) Conditions—The Secretary may not award a grant under this section unless the Secretary determines that—

“(1) the activities to be carried out with the grant are compatible with this title; and

“(2) the potential grant recipient has consulted with the affected coastal state regarding the objectives and purposes of the grant.

“(d) Authorized objectives and purposes—Amounts awarded through a grant under this section shall be used for 1 or more of the objectives and purposes authorized under subsections (b) and (c), respectively, of section 306A, with respect to the grant recipient and the corresponding coastal zone. In applying section 306A(b) under this subsection, a reference in that section to a provision shall be considered to be a corresponding provision or policy for an Indian Tribe or Native Hawaiian organization, as the case may be.

“(e) Authorization of appropriations—There is authorized to be appropriated to carry out this section $5,000,000 for each of fiscal years 2023 through 2028, to remain available until expended.

“(f) Definitions—In this section:

“(1) Indian land—The term “Indian land” has the meaning given such term in section 2601 of the Energy Policy Act of 1992 (25 U.S.C. 3501).

“(2) Native Hawaiian organization—The term “Native Hawaiian organization” has the meaning given such term in section 3 of the NATIVE Act (25 U.S.C. 4352).

“(3) Tribal coastal zone—The term “Tribal coastal zone” means any Indian land of a Tribal Government that is within the coastal zone.

“(4) Tribal coastal zone objective—The term “Tribal coastal zone objective” means, with respect to a Tribal Government and its Tribal coastal zone, any of the following objectives:

“(A) Protection, restoration, or preservation of areas in the Tribal coastal zone of such Tribal Government that hold—

“(i) important ecological, cultural, or sacred significance for such Tribal Government; or

“(ii) traditional, historic, and esthetic values essential to such Tribal Government.

“(B) Preparing and implementing a special area management plan and technical planning for important coastal areas.

“(C) Taking any coastal or shoreline stabilization measure, including any mitigation measure, for the purpose of public safety, public access, or cultural or historical preservation.”

(b)
Guidance— Not later than 180 days after the date of enactment of this Act, the Secretary, acting through the Under Secretary, shall issue guidance for the program established under section 309A of the Coastal Zone Management Act of 1972, as added by subsection (a), including the criteria for awarding grants under such program, which guidance shall be established in consultation with Tribal Governments (as defined in section 304 of that Act) and Native Hawaiian organizations (as defined in section 309A(f) of that Act).
(c)
Use of State grants To fulfill tribal objectives— Section 306A(c)(2) of the Coastal Zone Management Act of 1972 (16 U.S.C. 1455a(c)(2)) is amended—
(1)
in subparagraph (D), by striking “; and” and inserting a semicolon;
(2)
in subparagraph (E), by striking the period at the end and inserting “; and”; and
(3)
by adding at the end the following:

“(F) fulfilling any Tribal coastal zone objective (as that term is defined in section 309A) or coastal zone objective described in section 309A(a)(2).”

(d)
Other programs not affected— Nothing in this section, including the amendments made by this section, may be construed to affect the ability of a Tribal Government or Native Hawaiian government to apply for or receive assistance under, or participate in any program authorized by, the Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.) or other related Federal laws.