Text: H.R.3597 — 115th Congress (2017-2018)All Information (Except Text)

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Introduced in House (07/28/2017)


115th CONGRESS
1st Session
H. R. 3597


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

July 28, 2017

Mr. Kilmer (for himself, Mr. Young of Alaska, Mr. Cole, Mr. Heck, Mr. Huffman, Mr. Pocan, Ms. Moore, Mr. Polis, Mrs. Torres, Mr. Ben Ray Luján of New Mexico, Ms. Pingree, Mr. Cook, Mr. Grijalva, Mr. Gallego, Ms. Slaughter, Mrs. Dingell, and Ms. DelBene) 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 Representatives of the United States of America in Congress assembled,

SECTION 1. Short title.

This Act may be cited as the “Tribal Coastal Resiliency Act”.

SEC. 2. Grants to further achievement of Tribal coastal zone objectives.

(a) Grants authorized.—The Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.) is amended by adding at the end the following:

“SEC. 320. Grants to further achievement of Tribal coastal zone objectives.

“(a) Grants authorized.—The Secretary may award competitive grants to Indian Tribes to further achievement of the objectives of such a Tribe for its Tribal coastal zone.

“(b) Cost share.—

“(1) IN GENERAL.—The Federal share of the cost of any activity carried out with a grant under this section shall be—

“(A) in the case of a grant of less than $200,000, 100 percent of such cost; and

“(B) in the case of a grant of $200,000 or more, 95 percent of such cost, except as provided in paragraph (2).

“(2) WAIVER.—The Secretary may waive the application of paragraph (1)(B) with respect to a grant to an Indian Tribe, or otherwise reduce the portion of the share of the cost of an activity required to be paid by an Indian Tribe under such paragraph, if the Secretary determines that the Tribe does not have sufficient funds to pay such portion.

“(c) Compatibility.—The Secretary may not award a grant under this section unless the Secretary determines that the activities to be carried out with the grant are compatible with this title and that the grantee has consulted with the affected coastal state regarding the grant objectives and purposes.

“(d) Authorized objectives and purposes.—Amounts awarded as a grant under this section shall be used for one or more of the objectives and purposes authorized under subsections (b) and (c), respectively, of section 306A.

“(e) Funding.—Of amounts appropriated to carry out this Act, $5,000,000 is authorized to carry out this section for each fiscal year.

“(f) Definitions.—In this section:

“(1) INDIAN LAND.—The term ‘Indian land’ has the meaning that term has under section 2601 of the Energy Policy Act of 1992 (25 U.S.C. 3501).

“(2) INDIAN TRIBE.—The term ‘Indian Tribe’ means an Indian tribe, as that term is defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).

“(3) TRIBAL COASTAL ZONE.—The term ‘Tribal coastal zone’ means any Indian land of an Indian Tribe that is within the coastal zone.

“(4) TRIBAL COASTAL ZONE OBJECTIVE.—The term ‘Tribal coastal zone objective’ means, with respect to an Indian Tribe, any of the following objectives:

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

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

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

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

“(C) 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 the enactment of this Act, the Secretary of Commerce shall issue guidance for the program established under the amendment made by subsection (a), including the criteria for awarding grants under such program based on consultation with Indian Tribes (as that term is defined in that amendment).

(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 by striking “and” after the semicolon at the end of subparagraph (D), by striking the period at the end of subparagraph (E) and inserting “; and”, and by adding at the end the following:

“(F) fulfilling any Tribal coastal zone objective (as that term is defined in section 320).”.

(d) Other programs not affected.—Nothing in this section shall be construed to affect the ability of an Indian Tribe to apply for, 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.