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116th Congress    }                                     {      Report
                        HOUSE OF REPRESENTATIVES
 1st Session      }                                     {     116-294

======================================================================



 
             COASTAL STATE CLIMATE PREPAREDNESS ACT OF 2019

                                _______
                                

 November 15, 2019.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

 Mr. Grijalva, from the Committee on Natural Resources, submitted the 
                               following

                              R E P O R T

                             together with

                            DISSENTING VIEWS

                        [To accompany H.R. 3541]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 3541) to amend the Coastal Zone Management Act 
of 1972 to require the Secretary of Commerce to establish a 
coastal climate change adaptation preparedness and response 
program, and for other purposes, having considered the same, 
report favorably thereon without amendment and recommend that 
the bill do pass.

                          Purpose of the Bill

    The purpose of H.R. 3541 is to amend the Coastal Zone 
Management Act of 1972 to require the Secretary of Commerce to 
establish a coastal climate change adaptation preparedness and 
response program, and for other purposes.

                  Background and Need for Legislation

    Climate change is impacting coastal communities around the 
country. Impacts of climate change vary across regions, making 
awareness of local vulnerabilities critical for mitigation 
efforts. Adaptation plans can help states and communities 
better understand their local risk to climate change, thereby 
enabling them to successfully anticipate, plan, and adapt to 
changing conditions.
    H.R. 3541 designates funds specifically to be used for 
climate preparedness planning under the Coastal Zone Management 
Act (CZMA). The CZMA provides a number of avenues through which 
states and local communities can address the impacts of climate 
change and ensure that access to key coastal areas is protected 
in the face of rising seas and other threats from climate 
change.
    Through its various provisions, the CZMA authorizes 
participating states to submit their coastal management program 
to the Secretary of Commerce for approval and authorizes grants 
to implement these programs. States are also authorized to 
purchase ecologically sensitive coastal areas and redevelop 
urban waterfronts. The CZMA establishes funds that provide 
loans to address regional issues and respond to emergencies and 
disasters and enhance the environment and resilience of the 
coastal zone.
    H.R. 3541 creates a new section under the CZMA to provide 
technical and financial assistance for climate adaptation 
preparedness and response. Comprehensive adaptation plans 
through the CZMA will help states better understand the scope 
of the threat, identify state-wide costs, and develop local 
strategies to ensure safety for their residents.

                            Committee Action

    H.R. 3541 was introduced on June 27, 2019, by 
Representative Salud Carbajal (D-CA). The bill was referred 
solely to the Committee on Natural Resources, and within the 
Committee to the Subcommittee on Water, Oceans, and Wildlife. 
On July 25, 2019, the Subcommittee on Water, Oceans, and 
Wildlife held a hearing on the bill. On September 25, 2019, the 
Natural Resources Committee met to consider the bill. The 
Subcommittee was discharged by unanimous consent. No amendments 
were offered. The bill was ordered favorably reported to the 
House of Representatives by a roll call vote of 20 yeas and 15 
nays, as follows:

              [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

                                Hearings

    For the purposes of section 103(i) of H. Res. 6 of the 
116th Congress, the following hearing was used to develop or 
consider H.R. 3541: the Subcommittee on Water, Oceans, and 
Wildlife held a legislative hearing on July 25, 2019.

                      Section-by-Section Analysis


Section 1. Short title

Section 2. This section amends the CZMA to create a Climate Change 
        Adaptation Preparedness and Response Program. The program 
        provides technical and financial support for states with 
        coastal zone management plans to develop comprehensive coastal 
        climate change adaptation plans.

    Plans must: (1) identify resources, facilities, and coastal 
water uses likely to be impacted by climate change; (2) develop 
adaptive management strategies for land use and ocean-based 
ecosystems and resources to respond to changing conditions; and 
(3) initiate and maintain long-term monitoring of environmental 
conditions.
    Grants are authorized to any coastal state with an approved 
climate adaptation plan for the purpose of supporting projects 
that implement strategies outlined in state adaptation plans. 
Eligible activities include: (1) activities that address 
physical disturbances within the coastal zone; (2) monitoring, 
control, or eradication of invasive species and disease 
organisms; (3) activities to address the loss, degradation, and 
fragmentation of wildlife habitats; (4) projects that reduce 
natural hazards impacts; (5) adapting existing infrastructure; 
or (6) providing technical training and assistance.

            Committee Oversight Findings and Recommendations

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Natural Resources' oversight findings and 
recommendations are reflected in the body of this report.

      Compliance With House Rule XIII and Congressional Budget Act

    1. Cost of Legislation and the Congressional Budget Act. 
With respect to the requirements of clause 3(c)(2) and (3) of 
rule XIII of the Rules of the House of Representatives and 
sections 308(a) and 402 of the Congressional Budget Act of 
1974, the Committee has received the following estimate for the 
bill from the Director of the Congressional Budget Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                  Washington, DC, October 29, 2019.
Hon. Raul M. Grijalva,
Chairman, Committee on Natural Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 3541, the Coastal 
State Climate Preparedness Act of 2019.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Robert Reese.
            Sincerely,
                                         Phillip L. Swagel,
                                                          Director.
    Enclosure.

              [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
    

    H.R. 3541 would authorize the appropriation of whatever 
amounts are necessary for the National Oceanic and Atmospheric 
Administration (NOAA) to provide grants to coastal states 
participating in the Coastal Zone Management (CZM) program to 
develop and implement plans to adapt to climate change. In 
2019, 34 coastal states participated in the program and NOAA 
allocated $119 million to the program for grants, technical 
assistance, and administrative costs.
    Because climate resilience is a focus of the CZM program 
under current law, CBO expects that grants provided under H.R. 
3541 would be used to supplement funding provided under the 
current CZM program for developing the climate resiliency of 
coastal infrastructure and habitats. CBO also expects that 
states' participation in the grant programs under H.R. 3541 
would be proportionate to their participation in the current 
CZM program. On that basis, CBO estimates that the additional 
planning activities called for under the bill would increase 
the size of the CZM program by around 25 percent.
    Using information on the funding provided to the CZM 
program in 2019 and accounting for anticipated inflation, CBO 
estimates that implementing the bill would cost $114 million 
over the 2020-2024 period, assuming appropriation of the 
necessary amounts. The costs of the legislation, detailed in 
Table 1, fall into budget function 300 (natural resources and 
environment).

               TABLE 1.--ESTIMATED INCREASES IN SPENDING SUBJECT TO APPROPRIATION UNDER H.R. 3541
----------------------------------------------------------------------------------------------------------------
                                                                        By fiscal year, millions of dollars--
                                                                   ---------------------------------------------
                                                                     2020   2021   2022   2023   2024  2020-2024
----------------------------------------------------------------------------------------------------------------
Estimated Authorization...........................................     30     31     32     33     34        160
Estimated Outlays.................................................      6     18     26     32     32        114
----------------------------------------------------------------------------------------------------------------

    The CBO staff contact for this estimate is Robert Reese. 
The estimate was reviewed by H. Samuel Papenfuss, Deputy 
Assistant Director for Budget Analysis.
    2. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of rule XIII, the general performance goals and 
objectives of this bill are to amend the Coastal Zone 
Management Act of 1972 to require the Secretary of Commerce to 
establish a coastal climate change adaptation preparedness and 
response program.

                           Earmark Statement

    This bill does not contain any Congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined 
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of 
the House of Representatives.

                 Unfunded Mandates Reform Act Statement

    This bill contains no unfunded mandates.

                           Existing Programs

    This bill does not establish or reauthorize a program of 
the federal government known to be duplicative of another 
program. Such program was not included in any report from the 
Government Accountability Office to Congress pursuant to 
section 21 of Public Law 111-139. The Coastal Climate Change 
Adaptation Planning and Preparedness Grant Program established 
by the bill is related and complementary to, but not 
duplicative of, the following programs identified in the most 
recent Catalog of Federal Domestic Assistance published 
pursuant to 31 U.S.C. Sec. 6104: Coastal Zone Management 
Administration Awards (CFDA No. 11.419), Office for Coastal 
Management (CFDA No. 11.473), and Habitat Conservation (CFDA 
No. 11.463).

                  Applicability to Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act.

               Preemption of State, Local, or Tribal Law

    Any preemptive effect of this bill over state, local, or 
tribal law is intended to be consistent with the bill's 
purposes and text and the Supremacy Clause of Article VI of the 
U.S. Constitution.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, and existing law in which no 
change is proposed is shown in roman):

                  COASTAL ZONE MANAGEMENT ACT OF 1972


TITLE III--MANAGEMENT OF THE COASTAL ZONE

           *       *       *       *       *       *       *



                    authorization of appropriations

  Sec. 318. (a) There are authorized to be appropriated to the 
Secretary, to remain available until expended--
          (1) for grants under sections 306, 306A, and 309--
                  (A) $47,600,000 for fiscal year 1997;
                  (B) $49,000,000 for fiscal year 1998; and
                  (C) $50,500,000 for fiscal year 1999; [and]
          (2) for grants under section 315--
                  (A) $4,400,000 for fiscal year 1997;
                  (B) $4,500,000 for fiscal year 1998; and
                  (C) $4,600,000 for fiscal year 1999[.]; and
          (3) for grants under section 320, such sums as are 
        necessary.
  (b) Federal funds received from other sources shall not be 
used to pay a coastal state's share of costs under section 306 
or 309.
  (c) The amount of any grant, or portion of a grant, made to a 
State under any section of this Act which is not obligated by 
such State during the fiscal year, or during the second fiscal 
year after the fiscal year, for which it was first authorized 
to be obligated by such State shall revert to the Secretary. 
The Secretary shall add such reverted amount to those funds 
available for grants under the section for such reverted amount 
was originally made available.

           *       *       *       *       *       *       *


      CLIMATE CHANGE ADAPTATION PREPAREDNESS AND RESPONSE PROGRAM

  Sec. 320. (a) In General.--The Secretary shall establish, 
consistent with the national policies set forth in section 303, 
a coastal climate change adaptation preparedness and response 
program to--
          (1) provide assistance to coastal States to 
        voluntarily develop coastal climate change adaptation 
        plans, pursuant to approved management programs 
        approved under section 306, to minimize contributions 
        to climate change and to prepare for and reduce the 
        negative consequences that may result from climate 
        change in the coastal zone; and
          (2) provide financial and technical assistance and 
        training to enable coastal States to implement plans 
        developed pursuant to this section through coastal 
        States' enforceable policies.
  (b) Coastal Climate Change Adaptation Planning and 
Preparedness Grants.--
          (1) In general.--The Secretary, subject to the 
        availability of appropriations, may make a grant to any 
        coastal State for the purpose of developing climate 
        change adaptation plans pursuant to guidelines issued 
        by the Secretary under paragraph (8).
          (2) Plan content.--A plan developed with a grant 
        under this subsection shall include the following:
                  (A) Identification of public facilities and 
                public services, working waterfronts, coastal 
                resources of national significance, coastal 
                waters, energy facilities, or other land and 
                water uses located in the coastal zone that are 
                likely to be impacted by climate change.
                  (B) Adaptive management strategies for land 
                use to respond or adapt to changing 
                environmental conditions, including strategies 
                to protect biodiversity, protect water quality, 
                and establish habitat buffer zones, migration 
                corridors, and climate refugia.
                  (C) Adaptive management strategies for ocean-
                based ecosystems and resources, including 
                strategies to plan for and respond to 
                geographic or temporal shifts in marine 
                resources, to create protected areas that will 
                provide climate refugia, and to maintain and 
                restore ocean ecosystem function.
                  (D) Requirements to initiate and maintain 
                long-term monitoring of environmental change to 
                assess coastal zone adaptation and to adjust 
                when necessary adaptive management strategies 
                and new planning guidelines to attain the 
                policies under section 303.
                  (E) Other information considered necessary by 
                the Secretary to identify the full range of 
                climate change impacts affecting coastal 
                communities.
          (3) State hazard mitigation plans.--Plans developed 
        with a grant under this subsection shall be consistent 
        with State hazard mitigation plans and natural disaster 
        response and recovery programs developed under State or 
        Federal law.
          (4) Allocation.--Grants under this subsection shall 
        be available only to coastal States with management 
        programs approved by the Secretary under section 306 
        and shall be allocated among such coastal States in a 
        manner consistent with regulations promulgated pursuant 
        to section 306(c).
          (5) Priority.--In the awarding of grants under this 
        subsection, the Secretary may give priority to any 
        coastal State that has received grant funding to 
        develop program changes pursuant to paragraphs (1), 
        (2), (3), (5), (6), (7), and (8) of section 309(a).
          (6) Technical assistance.--The Secretary may provide 
        technical assistance to a coastal State consistent with 
        section 310 to ensure the timely development of plans 
        supported by grants awarded under this subsection.
          (7) Federal approval.--In order to be eligible for a 
        grant under subsection (c), a coastal State must have 
        its plan developed under this subsection approved by 
        the Secretary.
          (8) Guidelines.--Within 180 days after the date of 
        enactment of this section, the Secretary, in 
        consultation with the coastal States, shall issue 
        guidelines for the implementation of the grant program 
        established under this subsection.
  (c) Coastal Climate Change Adaptation Project Implementation 
Grants.--
          (1) In general.--The Secretary, subject to the 
        availability of appropriations, may make grants to any 
        coastal State that has a climate change adaptation plan 
        approved under subsection (b)(7), in order to support 
        projects that implement strategies contained within 
        such plans.
          (2) Program requirements.--The Secretary, within 90 
        days after approval of the first plan approved under 
        subsection (b)(7), shall publish in the Federal 
        Register requirements regarding applications, 
        allocations, eligible activities, and all terms and 
        conditions for grants awarded under this subsection. No 
        less than 30 percent, and no more than 50 percent, of 
        the funds appropriated in any fiscal year for grants 
        under this subsection shall be awarded through a merit-
        based competitive process.
          (3) Eligible activities.--The Secretary may award 
        grants to coastal States to implement projects in the 
        coastal zone to address stress factors in order to 
        improve coastal climate change adaptation, including 
        the following:
                  (A) Activities to address physical 
                disturbances within the coastal zone, 
                especially activities related to public 
                facilities and public services, tourism, 
                sedimentation, ocean acidification, and other 
                factors negatively impacting coastal waters.
                  (B) Monitoring, control, or eradication of 
                disease organisms and invasive species.
                  (C) Activities to address the loss, 
                degradation, or fragmentation of wildlife 
                habitat through projects to establish or 
                protect marine and terrestrial habitat buffers, 
                wildlife refugia, other wildlife refuges, or 
                networks thereof, preservation of migratory 
                wildlife corridors and other transition zones, 
                and restoration of fish and wildlife habitat.
                  (D) Projects to reduce, mitigate, or 
                otherwise address likely impacts caused by 
                natural hazards in the coastal zone, including 
                sea level rise, coastal inundation, storm water 
                management, coastal erosion and subsidence, 
                severe weather events such as cyclonic storms, 
                tsunamis and other seismic threats, and 
                fluctuating Great Lakes water levels. The 
                Secretary shall give priority to projects that 
                utilize green infrastructure solutions.
                  (E) Projects to adapt existing 
                infrastructure, including enhancements to both 
                built and natural environments.
                  (F) Provision of technical training and 
                assistance to local coastal policy makers to 
                increase awareness of science, management, and 
                technology information related to climate 
                change and adaptation strategies.
          (4) Promotion and use of national estuarine research 
        reserves.--The Secretary shall promote and encourage 
        the use of National Estuarine Research Reserves as 
        sites for pilot or demonstration projects carried out 
        with grants awarded under this section.

                            DISSENTING VIEWS

    Congress enacted the Coastal Zone Management Act (CZMA) to 
``preserve, protect, develop, and where possible, to restore or 
enhance the resources of the nation's coastal zone.''\1\
---------------------------------------------------------------------------
    \1\16 U.S.C. 1452.
---------------------------------------------------------------------------
    H.R. 3541 creates yet another grant program within the 
CZMA. It directs the Secretary of Commerce to administer 
climate change adaptation project implementation grants to 
States that have adaptation plans approved by the Secretary. 
During the legislative hearing on this bill, the National 
Oceanic and Atmospheric Administration (NOAA) testified that 
under the CZMA, coastal states already have discretion to use 
funding to develop and implement adaptation plans.\2\ NOAA even 
provided an example from California, the bill sponsor's State, 
on how this flexibility already exists. This legislation either 
ignores the facts or shows a lack of understanding of how the 
CZMA works.
---------------------------------------------------------------------------
    \2\Written Testimony by RDML Tim Gallaudet, Deputy NOAA 
Administrator, Hearing July 25, 2019.
---------------------------------------------------------------------------
    Even worse, the bill includes an unlimited, open-ended 
authorization of appropriations to carry out this duplicative 
grant program. This legislation is redundant and completely 
fiscally irresponsible and for these reasons, we oppose this 
legislation.

                                   Rob Bishop.
                                   Jody B. Hice.
                                   Mike Johnson.
                                   Kevin Hern.

                                  [all]