Sec. 604. Coastal Zone Management Fund
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Section 308 of Coastal Zone Management Act of 1972 ( 16 U.S.C. 1456a ) is amended to read as follows: There is established a fund, to be known as the Coastal Zone Management Fund , which shall consist of fees deposited into the Fund under section 307(i)(3) and any other funds appropriated to the Fund. In response to a major disaster declared under the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 et seq.) as a result of flood and related damages in the coastal zone of a State, the Secretary may issue a grant to such State for a purpose described in paragraph (2).
A State may use funds provided under this subsection to— improve resilience to future severe coastal flood hazards including activities and projects related to— publicly owned infrastructure; residential and commercial structures; natural infrastructure; or waste disposal sites and industrial facilities; assess damages after a major disaster described in paragraph (1); plan, design, or engineer a project to— restore, expand, install, or relocate natural infrastructure; remove damaged assets, restore sites to safe conditions, and select alternative sites; or facilitate the landward migration of coastal ecosystems; or implement a project described by subparagraph (C).
The Secretary may issue a grant under this subsection for an amount not to exceed— 90 percent of the cost of an activity described in subparagraph
(A)or
(B)of paragraph (2); except as provided in subparagraph (C), 60 percent of the cost of an activity described in paragraph (2)(D); 75 percent of the cost of an activity provided for in a plan approved under subsection (d); or 100 percent of the cost of any activity described in subparagraph (A), (B), or
(C)of paragraph
(2)responding to the effects of a severe coastal flood in a disadvantaged community that is identified in a plan approved under subsection (d). The Secretary, at the request of a Governor of a coastal state, may use amounts in the Fund to issue a grant to a coastal state with an approved coastal zone management program for the timely response to a severe coastal flood hazard. To be considered for a grant under this section, a State shall submit a grant proposal to the Secretary in a time, place, and manner determined by the Secretary. Such proposal shall— describe the risks that severe coastal flood hazards pose in the State and goals for reducing loss of life and property and sustaining coastal ecosystems in response to these risks; include consideration of related plans including the Coastal Zone Management Plan of the State, the Hazard Mitigation Plan of the State, and the severe coastal flood hazard preparedness plans, if any, of neighboring States; be developed in conjunction with local governments in the coastal zone of the State and provided for public review and comment on the plan, including holding a public hearing and engaging disadvantaged communities; and be substantially consistent with the guidance issued under subsection (e)(1)(C). In determining the amount of a grant under this subsection, the Secretary shall consider the— area and population of the coastal zone of the applicant State; the risks that severe coastal flood hazards pose to the State; and the reduction of severe coastal flood hazards expected as a result of the proposal. Grants made pursuant to this subsection in any fiscal year shall not exceed 50 percent of the funds in the Fund as a result of appropriations pursuant to subsection (j)(1). Except as provided in subparagraph (B), the Federal share of the cost of an activity funded by a grant issued under this subsection shall not exceed— 75 percent of the cost of the activity; or 85 percent of the cost of the activity in the case of a State that has enacted a requirement for the disclosure of severe coastal flood hazards, including sea level rise, that meets criteria for such disclosure established by the Secretary, to buyers of real estate in the coastal zone. The Secretary may reduce or waive the matching requirement under paragraph
(5)if a coastal state submits a written request to the Secretary for a waiver with a justification as to why the State cannot meet the match requirement, and the Secretary determines such justification sufficient to waive such requirement. The Secretary, at the Secretary’s discretion or at the request of the Governor of a State, may use amounts in the Fund to issue grants to a coastal state with a severe coastal flood hazard preparedness plan approved under to subsection
(d)to implement the approved plan. Activities eligible for funding under this subsection include: conducting a public awareness campaign to inform the public and decision-makers about severe coastal flood hazards; developing, enacting, and administering a state or local law prohibiting new and significantly expanded development in areas at risk of severe coastal flood hazards; developing, enacting, and administering a state requirement for disclosure of severe coastal flood hazards, including sea level rise, to buyers of real estate; making grants to local governments, or regional consortiums of local governments, to implement the state plan, including development of local or regional plans and site-specific plans or projects; and planning, designing, and implementing projects to— protect existing public infrastructure and residential and commercial properties, including built structures, natural infrastructure, and living shorelines; relocate infrastructure or structures at risk of damage by severe coastal flood hazards, restore such sites to safe conditions, and select alternative sites; remove structures damaged by severe coastal flood hazards and restore such site to safe conditions; protect waste disposal facilities in areas at risk of severe coastal flood hazards or relocate such facilities to alternative sites; and facilitate the landward migration of coastal ecosystems. Grants made pursuant to this subsection shall be in response to an annual request for proposals. In determining the amount of a grant, the Secretary shall consider— the area and population of the coastal zone of the State; the risks that severe coastal flood hazards pose in the State and the reduction of coastal flood hazards expected as a result of the proposal; demonstration of innovative approaches to preparing for severe coastal flood hazards; and benefits to disadvantaged communities identified in a plan approved pursuant to subsection (d). A grant under this subsection shall be limited to 75 percent of the cost of the proposal, except that the Secretary may reduce or waive the such matching requirement if a coastal state submits to the Secretary in writing a request for a waiver with a justification as to why the State cannot meet the match requirement, and the Secretary agrees with the justification and grants the waiver. The Secretary shall take such actions as the Secretary determines necessary to support States in carrying out this section, including at a minimum the following: Periodic assessment of storm flood risk and relative sea level and lake level changes along the United States coastline, including estimates of changes in storm intensity and relative sea or lake levels by 2040, 2060, 2080, and 2100. Operation of an online mapping tool to describe areas at risk of temporary flooding from future coastal storms and permanent inundation as a result of sea or long term lake level changes. Publication, not later than 1 year after the date of enactment of this section and periodically thereafter, of guidance for the development of State plans developed pursuant to subsection (d). Establishment, not later than 1 year after the date of enactment of this section, of minimum criteria for disclosure of severe coastal flood hazards, including sea level rise, to buyers of real estate in the coastal zone. Creation, not later than 1 year after the date of enactment of this section, and periodic updating, of an online dashboard describing the key features of State or local government requirements for disclosure of severe coastal flood hazards to buyers of real estate. Establishment, not later than 1 year after the date of enactment of this section, after consultation with the Administrator of the Environmental Protection Agency, of standards for restoration to safe conditions of sites from which infrastructure or other structures have been relocated. The guidance developed by the Secretary pursuant to subparagraph
(C)of paragraph
(1)of this subsection shall, at a minimum— provide information States need to establish State-specific estimates of severe coastal flood hazards, including more severe storms and relative sea and lake levels, and planning targets for such hazards for the years 2040, 2060, 2080, and 2100; describe approaches the State should consider to prohibit new or expanded development in areas at risk of severe coastal flood hazards; outline considerations for State grants to support local governments in the coastal zone, or consortiums of such governments acting on a regional basis, in developing or implementing parts of a plan pursuant to subsection (d); describe methods for evaluation of response options including construction of structures to protect assets and relocation to alternative sites, including cost comparison in the context of available resources, and related considerations; review options for establishing priorities for removal of damaged or abandoned structures and restoration of sites to safe conditions; describe social justice policies and practices the State should consider adopting, including criteria for identifying disadvantaged communities within the coastal zone of the State and the policies and practices the State should consider adopting to assure that interests of such communities are addressed in State plans developed pursuant to this section; identify areas in coastal communities, or other locations in the State, that have minimal severe coastal flood hazards, that are appropriate for relocation of people and assets, and can sustain the identity and cultural heritage of relocated communities; provide information and practices for identifying coastal areas that are important to the successful landward migration of ecosystems in response to severe coastal flood hazards and measures for protecting these migration pathways; identify tools to identify waste disposal sites and related sites that pose a risk of water pollution as a result of severe coastal flood hazards and describe practices the State should consider to protect or relocate such facilities or sites; and describe opportunities to improve public access to the shoreline as a result of improved preparedness for severe coastal flood hazards. The Secretary may use amounts in the Fund for expenses incident to the administration of this section, in an amount not to exceed $250,000 or 3 percent of the amount in the Fund, whichever is less, for each year. The Secretary shall, not later than 3 years after the date of enactment of this section and every 3 years thereafter, submit to the Committee on Natural Resources of the United States House of Representatives and the Committee on Commerce of the United States Senate a report describing the development of plans and projects under this section, changes in severe coastal flood hazards, including changes to risks to disadvantaged communities, and making recommendations to better respond to these challenges. For the purposes of this section: The term severe coastal flood hazards means temporary flooding resulting from coastal storms and storm surge, tsunamis, and changing lake levels and permanent inundation from rising sea levels and land subsidence, including landward migration of shorelines impacting residential and commercial property, infrastructure, and ecosystems. The term natural infrastructure means coastal wetlands, beaches, dunes, marshes, mangrove forests, municipal green infrastructure, and living shorelines. The term publicly owned infrastructure means buildings, structures, and facilities and appurtenances of drinking water, sewage treatment, natural gas, or electric power utilities owned by a municipal, county, or State government or a combination of such governments. The term waste disposal site means a publicly or privately owned solid waste landfill or disposal site, hazardous waste landfill of disposal site, sites included on the National Priorities List developed under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, and sites for the disposal of coal combustion residuals from coal-fired power plants, provided that such sites are identified in a plan developed and approved under subsection (d). The term disadvantaged communities means areas of the coastal state identified in a plan approved under subsection
(d)which disproportionately suffer from a combination of economic, health, and environmental burdens including poverty, high unemployment, air and water pollution, presence of hazardous wastes as well as high incidence of asthma and heart disease. The term living shoreline means a protected, stabilized coastal edge made of natural materials such as plants designed to provide wildlife habitat, as well as natural resilience to shorelines. The term municipal green infrastructure has the meaning provided in 33 U.S. Code § 1362 (27). The term safe conditions refers to standards for restoration of sites from which infrastructure or structures are relocated established by the Secretary pursuant to subsection (f)(1)(F) are protective of human health and the environment. There is authorized to be appropriated into the Fund for use by the Secretary $100,000,000 for each of fiscal years 2021 through 2025, which shall remain available until expended without fiscal year limitation. There is authorized to be appropriated into the Fund for use by the Secretary to respond to a major disaster declared under the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 et seq.) such sums as may be necessary. Funds appropriated pursuant to this paragraph may only be used to make grants to the state or states in which the major disaster occurred and shall remain available until expended without fiscal year limitation. .
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