< Back to Current Version

Coastal Zone Management Act (CZMA): Overview and Issues for Congress

Changes from January 15, 2019 to April 3, 2025

This page shows textual changes in the document between the two versions indicated in the dates above. Textual matter removed in the later version is indicated with red strikethrough and textual matter added in the later version is indicated with blue.

Coastal Zone Management Act (CZMA): Overview and Issues for Congress

Updated January 15, 2019April 3, 2025 (R45460)
Jump to Main Text of Report

Contents

Summary

Congress enacted the Coastal Zone Management Act (CZMA; P.L. 92-583, 16 U.S.C. §§1451-1466), enacted in 1972 and has amended the act 11 times, most recently in 2009. CZMA setssince amended, set up a national framework for states and territories to consider and manage coastal resources. If a state or territory chooses to develop a coastal zone management program and the program is approved, the state or territory (1) becomes eligible for several federal grants and (2) can perform reviews of federal agency actions in coastal areas (known as federal consistency determination reviews).

Each level of government plays a role in coastal management under CZMA. At the federal level, the National Oceanic and Atmospheric Administration's (NOAA's) Office for Coastal Management (OCM) in the Department of Commerce implements CZMA's national policies and provisions. OCM administers CZMA under several national programs; the National Coastal Zone Management Program (NCZMP) is the focus of this report. To participate in the NCZMP, states and territories (hereinafter referred to as states) must adhere to guidelines set out in CZMA and related regulations. States determine the details of their coastal management programs (CMPs), including the boundaries of their coastal zones, issues of most interest to the state, and policies to address these issues, among other factors. Local governments then implement the approved CMPs, often through land use regulations.

The Secretary of Commerce must approve state CMPs. Once the Secretary approves a state's CMP, the state is eligible to receive the NCZMP's benefits and is referred to as a participant in the program (16 U.S.C. §1455). Participation in the NCZMP provides several advantages to participants, including eligibility for federal grant programs and the right to review federal actions for consistency with state coastal policies and potential impacts on those resources, and for the federal government to provide financial assistance to support such efforts. As in past Congresses, the 119th Congress may consider whether to alter—and if so, how—the focus of CZMA activities, the implementation of CZMA, and CZMA's federal assistance authorizations and appropriations. Congress also may decide whether and how to reverse, modify, or codify in statute Any actions taken by the Trump Administration.

Participation and Funding

Under CZMA, if a state or territory chooses to develop a coastal management program (CMP) and the Secretary of Commerce approves such a program, the state or territory becomes a participant and (1) is eligible for federal financial assistance programs and (2) can perform reviews of federal agency actions in coastal areas (known as consistency determination reviews). The Secretary of Commerce has delegated administration of CZMA to the National Oceanic and Atmospheric Administration's (NOAA's) Office for Coastal Management (OCM). States determine the details of their CMPs, including the boundaries of their coastal zones, issues of most interest to the state, and policies to address these issues, among other factors. Thirty-five states and territories (including states surrounding the Great Lakes, American Samoa, Guam, the Northern Mariana Islands, Puerto Rico, and the Virgin Islands) are eligible to participate. Although all 35 eligible states have at some point chosen to participate, 34 are currently part of the NCZMP.

Since 1972, NOAA has allocated over $2 billion in coastal zone management-related grants to eligible coastal states. States haveNational Coastal Zone Management Program (NCZMP; Alaska has not been a participant since 2011). Between FY1972 and FY2017, the most current information CRS identified, NOAA allocated over $2 billion (in nominal dollars) in coastal zone management-related financial assistance to participants. During this time, participants received amounts ranging from $13 million to over $106 million in grant fundingfinancial assistance, depending on factors such as how long the stateparticipant has been a part of the NCZMP, the stateparticipant's size and population, and the extent of the stateparticipant's applications to competitive grant programs.

CZMA consistency provisions (Section 307

CZMA Consistency Determinations and Their Certification

CZMA consistency provisions (§307, 16 U.S.C. §1456) require federal actions that have reasonably foreseeable effects on coastal uses or resources to be consistent with the enforceable policies of a participant's approved CMP. These actionsAn action may occur in the state's approved coastal zone or in nearby federal or out-of-state waters (whichthat may cause interstate coastal effects). Federal agencies or applicants proposing to perform these federal actionswork in or near coastal zones (e.g., a project developer proposing an activity pursuant to a federal permit or using federal funds) must submit a consistency determination to the potentially affected participant, certifying that the actions are consistent with state coastal policies and providing participants the opportunity to review their determinations (16 U.S.C. §1456).

The 116. Depending on the federal action, federal agencies may or may not move forward with the activity if the participant finds the action is not consistent with the state's policies.

Issues for Congress

The 119th Congress may consider changes to CZMA. These changes may address issues such as growing population and infrastructure needs and changingshifting environmental conditions along the coast, questions about the effectiveness of CZMA implementation, and expired authorization of appropriations for CZMA grant programs. Some of these concerns were addressed in proposed legislation in the 115th Congress, such as legislation to expand grant programs to cover more topics and affected groups, and may be addressed in the 116th Congress.

Introduction

Congress enactedand funding levels for CZMA financial assistance programs.

Introduction

Congress passed the Coastal Zone Management Act (CZMA; P.L. 92-583, 16 U.S.C. §§1451-1466) in 1972 and has amended the act 11 times, most recently in 2009.1 Congress deliberated and passed the act at a time when concern about environmental degradation spurred passage of many of the nation's environmental statutes.2 CZMA setsset up a national framework for states and territories to consider and manage coastal resources. If a state or territory chooses to develop a coastal management program and the program is approved, the state or territory (1) becomes eligible for several federal grants and (2) can perform reviews of federal agency actions in coastal areas (known as federal consistency determination reviews).

Since 1972, many of the trends that called congressional attention to coastal management have continued. Over a third of the U.S. population lived in shoreline counties in 2010, with more expected by 2020 as people continue to migrate to coastal areas to take advantage of economic opportunities, retire, and pursue recreational interests. Coastal areas are alsoAccording to the 2020 census, coastal shoreline counties were home to 129 million people (nearly 40% of the U.S. population).3 Coastal areas also are home to economic sectors such as fishing, transportation, defense, offshore energy, and tourism and to natural resources such as estuaries, beach systems, and wetlands. The shoreline likely will continue to be affected by pressures to both develop and preserve areas, large-scale events (e.g., hurricanes and tsunamis), and long-term changes (e.g.,to relative sea level, changes in rainfall, wetland loss, and increased temperatures).3coverage, and air and water temperatures, etc.).4 In addition to responding to these pressures, Congress may continue to consider whether CZMA is being effectively implemented and whether changes should be made to CZMA grant programs.

financial assistance programs, including their authorization of appropriations and funding levels. This report provides a review of CZMA with a specific focus on the National Coastal Zone Management Program (NCZMP). The report discusses how and why states and territories may choose to participate in the national program (namely, to access federal grant programs and undertake federal consistency determination reviews) and recent issues for Congress. The appendixes include information about amendments to CZMA over time and section-by-section summaries of current CZMA provisions.

Coastal Zone Management Act

to review consistency determinations related to federal actions, such as federally implemented or federally supported projects in coastal areas) and recent issues for Congress. Issues for potential consideration include changes in the environment and development along the coast, effectiveness of federal implementation of CZMA provisions, and authorization of appropriations and funding levels for CZMA financial assistance programs. Coastal Zone Management Act Congress enacted CZMA "to establish a national policy and develop a national program for the management, beneficial use, protection, and development of the land and water resources of the nation's coastal zones."45 Although CZMA has been amended 11 times (Appendix A), the national policies as declared by Congress have stayed relatively consistent over time. They currently include the following six policies:

  • The national policies include1. to preserve, protect, develop, and, if possible, restore or enhance coastal resources;
  • 2. to encourage and assist states and territories to effectively exercise their development and management responsibilities in the coastal zone, giving full consideration to ecological, cultural, historic, and aesthetic values as well as the needs for compatible economic development;
  • 3. to encourage the preparation of special area management plans to protect significant natural resources, support reasonable coastal-dependent economic growth, and improve protection of life and property;
  • 4. to encourage the participation and cooperation of the public, state and local governments, interstate and other regional agencies, and federal agencies to carry out CZMA;
  • 5. to encourage coordination and cooperation with and among appropriate federal, state, and local agencies, and international organizations, in collection, analysis, and dissemination of coastal management information and research; and
  • 6. to respond to changing circumstances affecting the coastal environment and resources and their management by encouraging states and territories to consider ocean uses that may affect the coastal zone.5

6Under CZMA, each level of government plays a role in coastal management. At the federal level, the Secretary of Commerce implements CZMA's national policies and provisions; the Secretary has delegated this responsibility to the National Oceanic and Atmospheric Administration's (NOAA's) Office for Coastal Management (OCM) in the Department of Commerce (DOC) implements CZMA's national policies and provisions. To participate in the NCZMP, states must adhere to guidelines as set in statute and related regulations. States and territories, however, determine the details of their coastal management programs (CMPs), including the boundaries of their coastal zones, issues of most interest to the state, and policies to address these issues, among other factors. Local governments implement the approved CMPs, often through land use regulations.

National Coastal Zone Management Program

OCM administers CZMA provisions under fourtwo national programs: NCZMP,, the NCZMP and the National Estuarine Research Reserve System (NERRS), and Digital Coast. This;7 this report focuses on the NCZMP.6 The NCZMP encourages interested coastal states and territories (hereinafter referred to as states) to work with NOAA to develop and implement coastal zone management programs.78 To join, states must develop CMPs pursuant to CZMA and federal regulations. States that join the NCZMP are eligible for several federal grants and have the right to review federal actions for consistency with state coastal policies.

How States and Territories Become Part of the NCZMP

If a state chooses to become part of the NCZMP, it must develop a CMP pursuant CZMA Section 306 and NOAA regulations.9 CMPs must contain "a broad class of policies for ... resource protection, management of coastal development, and simplification of governmental processes."8

10 The Secretary of Commerce (the Secretary) must conclude that the state has completed certain tasks (e.g., included required program elements and coordinated with local and regional agencies) to approve the CMP. Once the Secretary approves the state's CMP, the state is eligible to receive the NCZMP's benefits and is referred to as a participant of the national program.911 The Secretary is expected to evaluate participants at least once every three years to determine whether they are working toward their stated plans.10

12 Thirty-five states and territories (including states surrounding the Great Lakes, American Samoa, Guam, the Northern Mariana Islands, Puerto Rico, and the Virgin Islands) are eligible to participate. Although all 35 eligible states and territories have at some point chosen to participate, 34 are currently part of the NCZMP.11

13 Variety Among State Coastal Management Programs

Although the Coastal Zone Management Act (CZMA; P.L. 92-583, 16 U.S.C. §§1451-1466) and related regulations require states and territories (hereinafter states) to include specific components and take certain steps in developing their coastal management programs (CMPs), states and territories have flexibility in their programs' structure and focus. Once the Secretary of Commerce approves a state's CMP, the state becomes known as a participant. CMPs vary in terms of where in each participant's government the program is situated, the relationships between state and local levels of government, and which issues are emphasized.

One major variation among CMPs is thea program's placement in the participant's governmental structure, which may indicate how that participant approaches coastal management For example, most participants, such as California, Delaware, and Wisconsin, have nested their coastal programs within established agencies or offices or have distributed CMP responsibilities across state agencies with authority in the coastal zone; established agencies and offices may tend to emphasize the topics and issues that are already a part of their responsibilities. The broader responsibilities for these agencies range from protection of natural or living resources and environmental protection and regulation to planning. Within the administering agencies or offices, some participants have created independent units that address only coastal management topics (e.g., Georgia's Department of Natural Resources, Coastal Resources Division), whereas others have assigned coastal management to units that already had other responsibilities (e.g., New York's Department of State). For some participants, such as Massachusetts, the program is a part of the governor's office, rather than an agency. One participant, Rhode Island, has created a stand-alone coastal management agency.

A second variation among CMPs is how programs divide responsibilities between the state and local levels of government. In some participating states, such as Washington, the coastal program is largely administered at the local level by county and city governments. In most other participating states, such as Alabama, the state level of government retains responsibility for implementing most or all of the program.

. NOAA has designated participants as direct or networked states. Direct states are participants with a single state agency with direct coastal comprehensive permit or regulatory activities. These include California, Connecticut, Louisiana, New Jersey, North Carolina, Northern Marianas, Rhode Island, South Carolina, and the U.S. Virgin Islands. Networked states are those participants with a lead state agency that coordinates with other state agencies and where several state agencies have CMP responsibilities. These include the remaining states and territories that are currently part of the National Coastal Zone Management Program.

A second variation among CMPs is how programs divide responsibilities between the state and local levels of government. NOAA has identified three main techniques participants use in their CMP organizational structure. Technique A is where a state establishes criteria and standards for local implementation, subject to state administrative review and enforcement. While many states use Technique A, no states use only Technique A. Technique B is where a state implements land and water use planning and regulation. States using Technique B include American Samoa, Georgia, Guam, Illinois, Indiana, Mississippi, New Hampshire, New Jersey, Northern Marianas, Puerto Rico, Rhode Island, South Carolina, and the U.S. Virgin Islands. The remaining states, with the exception of Michigan, use a mix of Techniques A and B. Finally, Technique C is where a state reviews actions affecting land and water uses in the CMP on a case-by-case basis. Michigan uses a combination of Techniques A, B, and C.

A third variation is the selection of program components that participants choose to emphasize, such as the protection of natural resources and the management of coastal development. A participant's focus may depend on characteristics of its coastal zone, major activities in the coastal zone, and associated issues and challenges. Illinois, for example, has chosen to provide grants to local projects related to beach access and shoreline erosion, among other topicsA comparison across the 34 participants is outside the scope of this report. As an example, both Illinois and Indiana are networked programs that use Technique B. However, Illinois has chosen to focus on habitats and species, economic development and recreation, and coastal communities. The program in neighboring Indiana has focused on protecting and enhancing natural, cultural, and historical resources.

Why States and Territories May Choose to Join the NCZMP

protection and sustainable use of natural and cultural resources in the Lake Michigan region. Sources: Personal correspondence with NOAA, Office of Legislative and Intergovernmental Affairs, February 9, 2024; Illinois Department of Natural Resources, "Coastal Management Program," https://dnr.illinois.gov/cmp.html; and Indiana Department of Natural Resources, "About the Lake Michigan Coastal Program," https://www.in.gov/dnr/lake-michigan-coastal-program/about/. Why States and Territories May Choose to Join the NCZMP Participation in the NCZMP provides various benefits to participants, including access to several federal grant programs and the right to review federal actions for consistency with state coastal policies. These provisions have been mainstays of CZMA since its developmentcongressional consideration and enactment.12

14 Access to Federal GrantFinancial Assistance Programs

Coastal states or territories with approved CMPs are eligible to apply for federal grantsfinancial assistance for coastal zone management. GrantFinancial assistance programs have changed over time to reflect congressional priorities and have included grantsfunding for program development, coastal energy impacts, and research and technical assistance. Currently, CZMA authorizes the Secretary of Commerce to provide grantsfunding related to program administration (Section 306),15 coastal resource improvement (Section 306A),16 coastal and estuarine land conservation (Section 307A),17 coastal enhancement objectives (Section 309),18 technical assistance (Section 310),19 and coastal nonpoint pollution control (Section 6217) (Table 1).13

Table 1. Current Coastal Zone Management Act (CZMA) Grant Programs

16 U.S.C. §1455Section 306. Administrative Grants The Secretary of Commerce may allocate formula grants to coastal states with approved coastal management programs (CMPs) to administer the program. Grants are allocated based on extent and nature of the shoreline and area covered by the program, population of the area, and other relevant factors. State cost share is required. Implementing regulation at 15 C.F.R. §923.90-923.96, and 15 C.F.R. §923.110.

Programa

Program Summary

Section 306. Administrative Grants (16 U.S.C. §1455)

The Secretary of Commerce may allocate 20 The ability to fund activities under these authorities is subject to the availability of appropriations. Table 1 shows programs that are a part of CZMA; some, but not all, have received federal funding in the last few years. According to NOAA, the agency disbursed a total of $2.1 billion in CZMA financial assistance between FY1975 and FY2017 (nominal dollars; Figure 1).21 NOAA did not provide an annual disbursement amount for that time frame; for comparison, Congress provided $85 million for coastal zone management grants in FY2017. Since then, Congress has appropriated between $75.0 million and $81.5 million each year for FY2018 through FY2024, for a total of $548 million, again in nominal dollars.22 Congress provided an appropriation to NOAA broadly for FY2025 but did not allocate a specific amount for the grants. CRS requested information about NOAA's disbursement of FY2018 through FY2025 funding but did not receive it in time for this report. Table 1. Coastal Zone Management Act (CZMA) Provisions That Provide Financial Assistance Provision and Programa

Program Summary

Section 306A. Coastal Resource Improvement Program
(16 U.S.C. §1455a)

The Secretary of Commerce may provide grants to eligible coastal states to assist with and 15 C.F.R. §923.110. 16 U.S.C. §1455aSection 306A. Coastal Resource Improvement Program The Secretary of Commerce may provide grants to eligible coastal states to assist with certain activities. NOAA has interpreted the statute to mean that coastal states with CMPs may use a portion of their federal Section 306 funds for Section 306A activities, including (1) preservation or restoration of areas of conservation, recreational, ecological, and aesthetic value or of national significance; (2) the redevelopment of urban waterfronts and ports identified as areas of concern; (3) access to public beach and coastal areas; and (4) the development of a coordinated process among state agencies to regulate and issue permits for aquaculture facilities in the coastal zone. State cost share is required.b

Section 307A. Coastal and Estuarine Land Conservation Program (16 U.S.C. §§1456-1 and 1456d)Section 307A. Coastal and Estuarine Land Conservation Program 1456-1 and 16 U.S.C. §1456d)

The Secretary of Commerce may conduct a program to makeadminister competitive grants to coastal states with CMPs or to National Estuarine Research Reserve System (NERRS) units to acquire property or interest in property that will further the goals of the CMP, NERRS management plan, regional or state watershed protection or management plan, or state land acquisition plan that is consistent with an approved CMP. State cost share is required. b

Section 309. Coastal Zone Enhancement Grants
(16 U.S.C. §1456b)

The Secretary of Commerce may provide competitive grants 16 U.S.C. §1456bSection 309. Coastal Zone Enhancement Grants The Secretary of Commerce may allocate formula grants and administer competitive grants for projects of special merit to eligible coastal states for development and implementation of coastal zone enhancement objectives, including. The objectives include (1) protecting, restoring, or enhancing existing coastal wetlands or creating new coastal wetlands; (2) preventing or reducing threats to life and destruction of property by eliminating or managing development in hazardous areas; (3) providing increased current and future public access; (4) reducing marine debris; (5) developing and adopting procedures to consider and manage cumulative and secondary impacts of coastal growth and development; (6) preparing and implementing special area management plans for important coastal areas; (7) planning for the use of ocean resources; (8) adopting procedures and enforceable policies to facilitate energy facility siting; and (9) adopting procedures and policies to evaluate and facilitate public and private aquaculture in the coastal zone. Grants are allocated based on evaluation and ranking of the state's comprehensive, multiyear statement of goals and methods to achieve priority enhancement objectives, as determined by the National Oceanic and Atmospheric Administration (NOAA) and the state, with a yearly minimum and maximum. NOAA may fund projects of special merit in addition to the allocated state funds. No state cost share is required. Implementing regulations at 15 C.F.R. §923.121-923.128.

Section 310. Technical Assistance (16 U.S.C. §1456c)

16 U.S.C. §1456cSection 310. Technical Assistance The Secretary of Commerce may enter into contracts or other arrangements with coastal states with CMPs to provide technical assistance and fund management-related research in support of the development and implementation of coastal zone enhancement-related amendments to CMPs and international cooperative efforts.b

Section 6217. Coastal Nonpoint Pollution Control Program
(16 U.S.C. §1455b)

16 U.S.C. §1455bSection 6217. Coastal Nonpoint Pollution Control Program The Secretary of Commerce, in consultation with the Environmental Protection Agency administrator, may provideallocate formula grants to states and territories with approved CMPs for development of state coastal nonpoint pollution control programs. Grants will be allocated based on regulations pursuant to Section 306 grants and state cost share is required.b

Source: Congressional Research Service (CRS) from 16 U.S.C. §§1451 et seq., regulations, and agency guidance. .

a. The Secretary of Commerce has delegated to the NOAA assistant administrator many of the responsibilities related to the programs described in this table.

b. NOAA has not promulgated regulations related to Sections §§306A, 307A, 310, or 6217. Instead, NOAA provideshas issued guidance documents for some of these programs (e.g., NOAA, Coastal Zone Management Act Section 306A Guidance, April 2023, https://perma.cc/SA5P-69Y7; and NOAA, Funding Guidance for State/Territory Expenditure of Coastal Nonpoint Pollution Control Program Implementation Funds, March 2006, https://perma.cc/X4E5-8HAE).

Figure 1. Amounts Disbursed by CZMA Grant Program, FY1972-FY2017

(nominal dollars)

Source: CRS using guidance documents for applicants to review before submitting grant applications.

Since 1972, NOAA has allocated over $2 billion in coastal zone management-related grants to eligible coastal states and territories (Figure 1).14 NOAA disbursed the majority of the funds under Sections 306 and 306A grant programs.15 All 35 coastal states and territories received a portion of the funds since 1972, including Alaska, which is not currently a part of the NCZMP. States have received amounts ranging from $13 million to over $106 million in grant funding, depending on factors such as how long the state has been a part of the NCZMP, the state's size and population, and the extent of its success in competitive grant programs.

Figure 1. Amounts Disbursed by CZMA Grant Program, FY1972-FY2017

Source: CRS with data from NOAA's Office of Legislative and Intergovernmental Affairs, October 29, 2018.

data from NOAA's Office of Legislative and Intergovernmental Affairs, October 29, 2018. CRS has requested but was unable to obtain updated information as of the date of this report. Notes: Grant programs discontinued by Congress, such as Section 309 interstate grants, are not included in this figure. NOAA has combined funding information for Sections 306 and 306A grants. Section 307A grants include funds received from the Great Lakes Restoration Initiative (GLRI) reserved for use in Great Lakes states only. A portion of Section 307A funds were from GLRI in FY2010-FY2012. All Section 307A funds were from GLRI in FY2013-FY2017.

In FY2017, Congress appropriated $85 million to NOAA for coastal management grants. Of that total, NOAA allocated nearly $58 million for Section 306 grants, with smaller amounts awarded for Sections 306A, 309, and 310 grants or withdrawn via government-wide rescissions and Department of Commerce NOAA assessments.16 The current CZMA grant program authorizations of appropriations have expired, but Congress has continued to fund the programs (see "Authorization of Appropriations for CZMA Grant Programs" for a longer discussion of the topic).

Federal Consistency Determination Review

CZMA Section 307 requires federal actions that have reasonably foreseeable effects on coastal uses or resources to be consistent with the enforceable policies of a participant's approved CMP.1723 These actions may occur in the state's approved coastal zone or in federal or out-of-state waters (which may cause interstate coastal effects). Federal agencies or applicants proposing to perform these federal actionscertain actions with a federal nexus (e.g., a project developer that would perform work pursuant to a federal permit or using federal funds) must submit a consistency determination or consistency certification (hereinafter referred to as a consistency determination), depending on the federal action, to the potentially affected participant to consider whether theconfirming that proposed actions are consistent with statethe state's coastal policies.18

Legislation24 The participant then completes a consistency determination review. Statutes and NOAA regulation have defined several terms related to consistency reviewdeterminations and reviews, including the following:

Applicant is "any individual, public or private corporation, partnership, association, or other entity organized or existing under the laws of any nation, State, or any State, regional, or local government, who, following management program approval, either files an application for a required individual federal license or permit, or who files a consistency certification for a required general federal license or permit … to conduct an activity affecting any coastal use or resource."25 Coastal zone is defined as the coastal waters and adjacent shorelands, strongly influenced by each other, and includes islands, transitional and intertidal areas, salt marshes, wetlands, and beaches. The zone extends in Great Lakes waters to the international boundary and in other areas seaward to the outer limit of the state title and ownership under various acts, such as the Submerged Lands Act.1926 The zone extends inland from the shorelines only to the extent necessary to control shorelands and to control those geographical areas that are likely to be affected by or vulnerable to sea level rise.2027 Identification of the coastal zone boundaries is a required part of an approved CMP.21

28 Effect on coastal use or resource refers to "any reasonable foreseeable effect on any coastal use or resource resulting from a federal agency activity or federal license or permit activity," including federal assistance to state and local governments.2229 Effects may be environmental or impact coastal use; may be direct or secondary; and may result from the incremental impact of past, current, or future actions.2330 The determination of whether the action will have a reasonably foreseeable effect is also known as the effects test.

Enforceable policies are "state policies which are legally binding through constitutional provisions, laws, regulations, land use plans, ordinances, or judicial or administrative decisions, by which a state exerts control over private and public land and water uses and natural resources of the coastal zone."24

31 Federal actions include federal agency activities, federal license or permit activities, outer continental shelf plans, and federal assistance to state and local governments.2532 NOAA requires participants to submit lists of federal actions that are subject to consistency determination reviews and their general geographic areas.26

33 Interstate coastal effect refers to any reasonably foreseeable effect resulting from a federal action occurring in one state on any coastal use or resource of another state that has an approved CMP. Effects may be environmental or impact coastal use; may be direct or secondary; and may result from the incremental impact of past, current, or future actions.2734 A state must identify a list of federal actions in other states for approval by NOAA in order to perform interstate consistency determination reviews.28

35 Participant reviews of federal actions are context-specific and depend on the location and action in question, with different rights and responsibilities assigned to the federal agency, applicants, and participants involved. Details of the actionThe consistency determination review process—such as which party determines the foreseeable effects, the length of the participant review period, the effect of a participant's objection to the action, and the available conflict resolution or appeals options—dependdepends on the federal action in question (Table 2).29

Resolutions36 As noted above, resolutions to participant objections to consistency determinations depend on the federal action in question, as follows:

  • Federal agency activities and development projects: If a participant objects to a federal agency's consistency determination, the participant may request mediation from the Secretary of Commerce or OCM. Regardless of the mediation outcomes, the federal agency may proceed with its activities or development projects if
  • if the agency provides a legal basis for being consistent to the maximum extent practicable,30 or
  • ,37 or the agency has concluded that its proposed action is fully consistent with the participant's enforceable policies.31
  • 38 Federal license or permit activities, outer continental shelf plans, and federal assistance to state and local governments: If the participant objects to the consistency certificationdetermination, the federal agency cannot authorize the action unless the Secretary of Commerce overrides the objection.3239 The applicant may appeal to the Secretary, who then will review the administrative record and may override a participant's objection if he or she findsthey find that the action is consistent with the objectives of CZMA or is necessary for national security.3340 For example, in 20082020, the Secretary of Commerce overrode MarylandNew York's objection to an applicant's consistency determination, finding that "the project [was] consistent with the objectives of CZMA."34

"is necessary in the interest of national security."41 Table 2. Summary of CZMA Consistency Determination Review Process by Proposed Federal Action Type

Federal Agency Activities

Federal License or Permit Activities

Outer Continental Shelf Plans

Table 2. Summary of CZMA Consistency Provisions by Federal Action Type

Consistent to the maximum extent practicable with participant CMP enforceable policiesa

3 months

(participant may extend to 6 months)

Federal agency may not provide federal assistanceFederal agency may not authorize activity unless Secretary overrides objection

Mediation by Secretary of Commerce or OCMc

(voluntary process and nonbinding decision)

 

Federal Agency Activities and Development Projects

Federal License or Permit Activities

Outer Continental Shelf Plans

Federal Assistance Activities to State and Local Governments

Proposed action subject to participant review if it ... ...

Affects any land or water use or natural resource of state coastal zone, regardless of location of activity.

Affects any land or water use or natural resource of state coastal zone and activity is listed in participant's CMP or NOAA approves review of unlisted activity.

Affects any land or water use or natural resource of state coastal zone.

Affects any land or water use or natural resource of state coastal zone and activity is listed in participant's CMP or participant reviews unlisted activity.

Consistency Requirement

Consistency Requirement

Consistent with participant CMP enforceable policies

Consistent with participant CMP enforceable policies

Consistent with participant CMP enforceable policies

Participant Review Period

60 days

(plus 15-day extension or alternative period agreed to by participant and federal agency)

6 months

3 months

6 months

Participant clearinghouse schedule

Impact of Participant
Objection

Federal agency may proceed only if it provides legal basis for being consistent to the maximum extent practicableb

Federal agency may not grant a license or permit unless Secretary overrides objection on appeal

Federal agency may not grant a license or permit for plan activities unless Secretary overrides objection on appeal

Federal agency may not authorize activity unless Secretary overrides objection

Federal agency may not authorize activity unless Secretary overrides objection

Conflict Resolution

unless Secretary overrides objection on appeal

Conflict Resolution

Applicant License or permit applicant may appeal to Secretary of Commerce to override participant objection

(binding decision)

Applicant Person may appeal to Secretary of Commerce to override participant objection

(binding decision)

Applicant State and local governments may appeal to Secretary of Commerce to override participant objection

(binding decision)

Source: CRS, adapted from National Oceanic and Atmospheric Administration (NOAA), CZMA Federal Consistency Overview, January 2016, at https://coast.noaa.gov/czm/consistency/media/federal-consistency-overview.pdfFebruary 24, 2020, https://perma.cc/P2LZ-GSWF; 16 U.S.C. §1456; and 15 C.F.R. Part §930.

Notes: CMP = coastal management program; OCM = NOAA Office for Coastal Management

a. TheNOAA defines the term consistent to the maximum extent practicable is defined as "fully consistent with the enforceable policies of management programs unless full consistency is prohibited by existing law applicable to the Federal agency" (15 C.F.R. §930.32).

b. More information about the impact of the participant's objection to proposed federal actions can be found at 15 C.F.R. §930.43.

c. More information about the availability of mediation for proposed federal actions can be found at 15 C.F.R. §930.44.

According to NOAA, participants review thousands of federal consistency determinationdeterminations each year, with more than half of the reviews being for federal license or permit activities.3542 Remaining reviews are, in descending order, federal agency activities and development projects, federal financial , federal assistance activities, and outer continental shelf plans.3643 Over time, participants have concurred with 93% toaround 95% of the federal consistency determinations they have reviewed.3744 The high concurrence rate may indicate that participants, federal agencies, and applicants often have negotiated project modifications or alternatives before the formal review process.38

45 Since the first CMP was approved in 1978, 4550 consistency decisions have been subject to secretarial appeals, most recently in 2014 ( (as of January 2025, Figure 2).3946 Of the 4550 appeals, the Secretary overrode participant objections in 1417 cases and agreed with the participant in the other 3133 cases. An additional 6568 appeals have been settled or withdrawn after they reached the secretarial level but before a determination was made, and 3334 additional requests for appeals were dismissed or overridden on procedural grounds.40 As of April 2018, there were no appeals47 As of January 2025, one appeal was pending before the Secretary of Commerce.41

48

Figure 2. CZMA Consistency Determination Objection Appeals to the Secretary of Commerce, 1972-April 2018

January 2025 Source: NOAA, Office for Coastal Management, Appeals to the Secretary of Commerce Under the Coastal Zone Management Act (CZMA) –April 26, 2018, at https://coast.noaa.gov/czm/consistency/media/appealslist.pdf.

Issues for Congress

Congress may continue to consider the effects of natural and man-made changes on the coast, the effectiveness of CZMA implementation, and the expired CZMA grant program authorizations of appropriations. These concerns have been considered in previous Congresses and/or have been recently raised by government agencies and various coastal stakeholders.

Changes Along the Coast

, January 13, 2025, https://perma.cc/MZU5-EU8F. Issues for Congress

Various concerns related to CZMA have been considered by Congress and have been recently raised by government agencies and various coastal stakeholders. Some of these concerns include the effects of natural and man-made changes on the coast, the effectiveness of CZMA implementation, and CZMA financial assistance authorizations of appropriations and funding levels. These discussions are occurring within the broader context of the 119th Congress and the Trump Administration. The 119th Congress may consider whether—and if so, how—to reverse, modify, or codify in statute actions of the Trump Administration.

Changes Along the Coast Congress may continue to examine CZMA in light of continued population and infrastructure growth along the coast, as well as coastal hazards such as flooding and erosion. According to the 20102020 census, coastal shoreline counties were home to over 123129 million people (39nearly 40% of the U.S. population), and were expected to grow by another 10 million people by 2020.42 The ocean and Great Lakes economy accounted for 2.3% of total employment and contributed $320.49 According to NOAA, the marine economy, covering the U.S. oceans and Great Lakes, accounted for 2.3 million jobs and contributed $423 billion to the total U.S. gross domestic product in 2015.432021.50 Much of the population and infrastructure growth has occurred in shoreline communities amid ecosystems such as beaches, reefs, sea grasses, wetlands, estuaries, and deltas. The combination of built and natural systems has been and likely will continue to be affected by changes in sea level (and its impacts, such as higher tides, greater storm surge, saltwater intrusion, erosion, etc.), local rainfall, increasing water and air temperatures, and ocean acidification, among other factors.

Several bills to amend CZMA would have addressed some of these changes. In the 115th Congress, Members proposed bills focused on climate change preparedness or adaptation (e.g., H.R. 3533 and H.R. 4426) and "working waterfronts" (e.g., H.R. 1176).44 Other proposals would have expanded CZMA grant programs to locations (the District of Columbia, e.g., S. 3146 and H.R. 2540) and groups (Indian tribes, e.g., H.R. 2607) currently not eligible to apply to the grant programs. 45 In previous Congresses, other bills proposed additional grant programs related to offshore activities, such as renewable energy siting surveys (e.g., H.R. 1690, 111th Congress), responses to oil spills and other disasters related to outer continental shelf energy activity (e.g., H.R. 3757, 112th Congress), aquaculture siting (e.g., H.R. 2046, 104th Congress), harmful algal blooms (e.g., H.R. 4235, 105th Congress), and Great Lakes restoration (e.g., S. 2337, 108th Congress). Some scholars have argued for substantial revision or improvements to CZMA to account for changes along the coast.46

Effectiveness of CZMA Implementation

Congress may examine how NOAA has implemented CZMA and whether changes to the agency, the law, or the law's implementation are necessary. The effectiveness of CZMA implementation, specifically the NCZMP, has been evaluated since the law's enactment by a variety of entities, including the Department of Commerce inspector general, the Office of Management and Budget, the Government Accountability Office (GAO), and scholars. Evaluations have noted a range of issues, from monitoring and measuring the success of the program as a whole to issues concerning specific grant programs.

GAO reported several issues with NOAA's implementation of CZMA and program evaluation in a 2014 report, including limitations to the coastal zone management performance measurement system, weaknesses in NOAA's method for selecting stakeholders for state program evaluations, and the agency's limited use of collected performance data.47 NOAA agreed with the recommendations. It is unclear whether NOAA has completed changes to address GAO's recommendations fully. In a separate 2016 study, GAO surveyed state coastal zone managers about the actions NOAA was taking under CZMA to support state efforts to make marine coastal ecosystems more resilient to climate change. GAO found that state coastal zone managers "generally had positive views of the actions NOAA [was] taking."48

Some 51

Some scholars have argued for substantial revision or alterations to CZMA to account for changes along the coast.52 For example, one suggested changing CZMA financial assistance programs to focus primarily on actions to protect and restore natural systems, acquire wetlands with greatest capacity to adapt to sea level rise, and address sea level rise and biodiversity loss.53 Another advocated amending CZMA to increase the use of science in coastal management decisions and more acutely focus on low-income coastal communities.54 Still another encouraged participants to more fully include the fishing industry in their coastal management planning regarding offshore wind;55 Congress could amend CZMA to require participants to do so. Others may argue that CZMA is working as intended and should not be amended to address new or novel concerns. Others, including the Trump Administration, are looking broadly across the federal government for opportunities to reduce, rather than expand, federal financial assistance.

Members of the 119th and earlier Congresses have introduced several bills with provisions to amend CZMA. For example, in the 118th Congress, Members proposed bills with CZMA provisions focused on climate change preparedness and response and "working waterfronts," including the creation of new financial assistance programs.56 Members reintroduced the bill focused on working waterfronts in the 119th Congress.57 Other proposals in the 118th Congress would have expanded CZMA financial assistance programs to the District of Columbia and Indian tribes currently not eligible to apply to the grant programs.58 One stakeholder argued, however, that an identical previously introduced tribal bill, if enacted, would represent a "meager response at best compared with the scale of the need."59 Another bill would have amended the Section 307A grant program, renamed it the Coastal and Estuarine Resilience and Restoration Program, and placed an added emphasis on supporting National Estuarine Research Reserves, allowing nongovernmental organizations to participate, and accounting for the benefits of these areas for long-term carbon dioxide storage, among other changes. It also would have authorized appropriations for the program at $60 million per year through FY2028.60 This last bill was the only CZMA-related proposal to be considered in a hearing in the 118th Congress; witnesses were generally supportive of the bill.61

Effectiveness of CZMA Implementation

Congress may examine how the Secretary of Commerce and NOAA have implemented CZMA and whether changes to the agency, the law, or the law's implementation are necessary. Various entities have evaluated the effectiveness of CZMA implementation, specifically the NCZMP, since the law's enactment. Evaluations have noted a range of issues, from monitoring and measuring the success of the program as a whole to issues concerning specific financial assistance programs. Some stakeholders also have proposed changes to the types of activities considered by participants in their consistency determination reviews.

The Government Accountability Office (GAO) reported several issues with NOAA's implementation of CZMA, most recently in 2014 and 2016. The 2014 report focused on limitations to the coastal zone management performance measurement system and the agency's limited use of collected performance data, among other topics.62 NOAA agreed with the recommendations and implemented the recommended actions by November 2016.63 CRS identified guidance for the performance measurement system, updated in October 2023, but was not able to obtain information about the status of and trends in performance measures as of the date of this report.64 In a separate 2016 study, GAO surveyed state coastal zone managers about the actions NOAA was taking under CZMA to support state efforts to make marine coastal ecosystems more resilient to climate change; GAO at that time found that state coastal zone managers "generally had positive views of the actions NOAA [was] taking."65

Some stakeholders have argued that the implementation of some CZMA programs has been inadequate. For example, some have questioned whether Section 6217 provisions have been properly implemented. Section 6217 of the Coastal Zone Reauthorization Amendments Act (P.L. 101-508) amended CZMA to establish the Coastal Nonpoint Pollution Control Program (CNPCP). The CNPCP requires coastal states with approved CMPs to reduce polluted runoff to coastal waters through coastal nonpoint pollution control programs that include specific land-based measures. NOAA and the Environmental Protection Agency (EPA) jointly administer the CNPCP. Under Section 6217(c)(3), participants that fail to submit "approvable [CNPCP] programs" lose a portion of their allotted funding under CZMA Section 306.66 Most participants received conditional approval between 1997 and 1998, and the majority have since received final approval. SeveralHowever, three states have yet to receive final approval, including Alabama, Hawaii, Illinois, Indiana, Louisiana, Michigan, Mississippi, Ohio, Oregon, Texas, and Washington.49: Hawaii, Mississippi, and Oregon.67 In 2009 and 2016, a private organization sued NOAA and EPA for continuing to grant funds to Oregon and Washington, respectively.50 According to NOAA, the agency and EPA currently are working with the conditionally approved states to address the programs' remaining conditions.51

Authorization of Appropriations for CZMA Grant Programs

Although Congress has continued to appropriate funding for CZMA grant programs, the program's authorizations of appropriations have expired. Current CZMA coastal zone management grant programs were last authorized for appropriations in the following years:52

  • Section 306 (Administrative Grants): FY1999;53
  • Section 306A (Coastal Resource Improvement Grants): FY1999;
  • Section 307A (Coastal and Estuarine Land Conservation Program): FY2013;54
  • Section 309 (Coastal Zone Enhancement Grants): FY1999; and
  • Section 6217 (Coastal Nonpoint Pollution Control Program): FY1995.55

Since 1995, two pieces of legislation have been enacted to reauthorize appropriations for a CZMA grant program (P.L. 104-150 in 1996, which reauthorized appropriations for Sections 306, 306A, and 309 grant programs, and P.L. 111-11 in 2009, which established and authorized appropriations for the Section 307A grant program). Introduced pieces of legislation have proposed to reauthorize and increase appropriations for Sections 306, 306A, and 309 grant programs (e.g., S. 1142 in the 104th Congress and S. 3038 in the 114th Congress) or add additional authorizations for new grant programs (e.g., H.R. 3533 in the 115th Congress and H.R. 1690 in the 111th Congress).

Congress appropriated $75 million to the NCZMP for "coastal zone management grants" in FY2018, despite the expired authorizations of appropriations.56 In FY2019, as in FY2018, NOAA has proposed to eliminate all coastal management grants. According to the FY2019 budget proposal, NOAA would "continue to support states' participation in the National CZM program by reviewing and supporting implementation of states' management plans, supporting Federal consistency reviews, and providing technical assistance services."57

Some stakeholders have contended that financial assistance to states from the NCZMP is important and more funding is necessary. For example, in a 2016 GAO survey, state coastal zone managers stated that "financial assistance provided by NOAA [was] critical" and that "the amount of financial assistance available [was] insufficient to address states' needs in implementing projects."58 NOAA officials also have stated that financial assistance for coastal zone management is in high demand. For example, the NOAA Regional Coastal Resilience grant program, administered under Section 310, received 132 applications requesting $105 million in FY2015; $4.5 million was available for grants.59 Others argue that funding should not be appropriated to the grant programs, as noted above, making the authorizations for appropriations no longer necessary.

Appendix A. Coastal Zone Management Act of 1972 (CZMA) and Its Amendments

Table A-1. Chronology: CZMA and Amendments

1972

Coastal Zone Management Act of 1972 (P.L. 92-583). The act set out congressional findings and definitions related to the coastal zone; established several grant programs for the development and administration of a state coastal management program; required coordination across federal agencies, public hearings, performance reviews, record-keeping, and annual reports; established an advisory committee and estuarine sanctuaries; instructed the Secretary of Commerce to develop and promulgate rules and regulations to carry out the provisions, and authorized appropriations.

1975

A bill to amend the Coastal Zone Management Act of 1972, to provide more flexibility in the allocation of administrative grants to coastal states, and for other purposes (P.L. 93-612). Amendments set limits on upper and lower size of grants to participants and increased some authorization of appropriation levels.

1976

An Act to improve coastal zone management in the United States, and for other purposes (P.L. 94-370). Amendments restated and altered large portions of CZMA; added several energy development specific provisions, including the Coastal Energy Impact Program (Section 308); created an Interstate Grants Program (Section 309); and reauthorized appropriations for most programs through FY1980.

1978

Outer Continental Shelf Lands Act Amendments (P.L. 95-372). Amendments in Title V of the act altered many of the energy provisions added in 1976, especially the Coastal Energy Impact Program (Section 308).

1980

Coastal Zone Management Improvement Act of 1980 (P.L. 96-464). Amendments restated much of the existing law; added a new administrative grant category under Section 306A; amended sections authorizing the Coastal Energy Impact Program (Section 308), the Interstate Grants program (Section 309), the biennial report to Congress, reviews of performance, and penalties for nonperformance; and added a structure by which Congress could disallow a proposed rule (which was subsequently repealed). Authorized appropriations through FY1985.

1986

Consolidated Omnibus Budget Reconciliation Act of 1985 (P.L. 99-272). Amendments in Section 6044 of the act replaced the Estuarine Sanctuary Program with the Estuarine Research Reserve System (Section 315) and added detail without changing the basic elements of the program.

1986

Recreational Boating Safety Act of 1986 (P.L. 99-626). Amendments in Section 7 of the act required participants to return any unobligated funds, which the Secretary is to reobligate to other participants through the same grant.

1990

Omnibus Budget Reconciliation Act of 1990 (P.L. 101-508). Amendments in subtitle C of Title VI of the act, known as the Coastal Zone Act Reauthorization Amendments of 1990, reauthorized CZMA through FY1995. P.L. 101-508 made changes to the findings sections, the management grants program, and the consistency provisions. It replaced the Coastal Energy Impact Program with the Coastal Zone Management Fund (Section 308) and Interstate Grants with Enhancement Grants (Section 309), amended provisions regarding estuarine research reserves, and established the Walter Jones awards. It also established the National Coastal Nonpoint Pollution Control Program (Section 6217).

1992

Oceans Act of 1992 (P.L. 102-587). Amendments in Section 2205 of the act added fee information to the consistency determination appeals process and made technical changes.

1996

Coastal Zone Protection Act of 1996 (P.L. 104-150). Amendments eliminated grants to assist states in preparing plans (Section 305), authorized appropriations through FY1999, changed funding-related details for several programs, and set deadlines for secretarial actions related to consistency determination appeals.

2005

Energy Policy Act of 2005 (P.L. 109-58). Amendments in Subtitle G of the act amended the consistency determination appeals process.

2009

Omnibus Public Land Management Act of 2009 (P.L. 111-11). Amendments in Subtitle E of the act established the Coastal and Estuarine Land Conservation Program.

Appendix B. Section-by-Section Summaries

Table B-1. Coastal Zone Management Act of 1972, as Amended

Section

Section Summary

302

(16 U.S.C. §1451)

Lists 13 congressional findings about the national interest in the condition and changing circumstances of the coastal zone.

303

(16 U.S.C. §1452)

States the declaration of national policy and identifies the purposes of the act as "to preserve, protect, develop, and where ever possible, to restore or enhance" resources of the coastal zone; to assist states in implementing management plans for at least 12 listed purposes; to encourage special area management plans to improve predictable decisionmaking; to encourage intergovernmental cooperation; to encourage intergovernmental sharing of information; and to respond to changing circumstances affecting coastal environments.

304
(16 U.S.C. §1453)

Lists 18 definitions, including coastal zone, coastal resources of national significance, and special area management plan.

305

(16 U.S.C. §1454)

Authorizes participants to submit their management programs to the Secretary of Commerce for approval.

306

(16 U.S.C. §1455)

Authorizes grants to participants to administer approved programs. Specifies nine required program elements for plans and procedures for modifying or amending programs.

306A

(16 U.S.C. §1455a)

Establishes the Coastal Resources Improvement Program, which provides grants to participants to preserve or restore resources that meet certain qualifications, to redevelop urban waterfronts, to provide access to coastal areas, and to provide a process to develop aquaculture facilities.

307

(16 U.S.C. §1456)

Authorizes the federal consistency provisions, which require that each participant be given the opportunity to certify that all federal actions in or affecting its defined coastal zone be consistent with its federally approved coastal management program. Also includes provisions for coordination and cooperation.

307A

(16 U.S.C. §1456-1 and 16 U.S.C. §1456d)

Establishes the Coastal and Estuarine Land Conservation Program to protect coastal and estuarine areas that have conservation, recreation, ecological, historical, or aesthetic value. Authorizes the Secretary of Commerce to provide grants to participants to acquire property or interests in property.

308

(16 U.S.C. §1456a)

Describes the Coastal Zone Management Fund, which permitted the Secretary of Commerce to make loans to address regional issues, conduct demonstration projects, respond to emergencies and disasters, recognize excellence (see Section 314), and apply the public trust doctrine. The fund currently is not operational. It is unclear whether the current language would allow the Secretary of Commerce to make new loans or receive new repayments.

309

(16 U.S.C. §1456b)

Establishes the Coastal Zone Enhancement Grants program for nine specified purposes, including protecting and enhancing wetlands, addressing hazards, improving coastal access, reducing marine debris, developing procedures to address the secondary effects of coastal development, working with special area management plans, planning for ocean resources, and facilitating energy-related activities and aquaculture facilities.

310

(16 U.S.C. §1456c)

Authorizes the Secretary of Commerce to provide technical assistance and research results to participants to support their coastal management efforts.

311

(16 U.S.C. §1457)

Requires at least 30 days' notice for public hearings.

312

(16 U.S.C. §1458)

Requires NOAA to periodically review and evaluate participants' performance in implementing their programs and permits the withholding or withdrawal of financial assistance if a participant is "failing to adhere" to its program.

313

(16 U.S.C. §1459)

Specifies the maintenance of records by participants and grants federal access to those records.

314

(16 U.S.C. §1460)

Establishes the annual Walter B. Jones Excellence in Coastal Zone Management Awards.

315

(16 U.S.C. §1461)

Authorizes the National Estuarine Research Reserve System. Establishes that participants may nominate sites to be protected by participants and used as research and education centers. Authorizes the Secretary of Commerce to make grants to acquire property, to operate and manage a reserve and facilities, and to conduct educational or interpretive activities.

316

(16 U.S.C. §1462)

Requires the Secretary of Commerce to prepare a biennial report for Congress. Reports are: to contain 12 specified elements that generally encompass the activities of the federal office in implementing the program, to lay out the status and accomplishments of participants' programs, and to make any recommendations for additional legislation.

317

(16 U.S.C. §1463)

Requires the Secretary to prepare and issue rules and regulations.

318

(16 U.S.C. §1464)

Authorizes appropriations through FY1999 for Sections 306 (§1455), 306A (§1455a), 309 (§1456b), and 315 (§1461).

319

(16 U.S.C. §1465)

Describes the appeals process and schedule for consistency determinations made under Section 307.

Source: Congressional Research Service (CRS).

Table B-2. Coastal Zone Act Reauthorization Amendments of 1990

Section

Section Summary

6217

(16 U.S.C. §1455b)

Enacted as part of the Omnibus Reconciliation Act of 1990 (P.L. 101-508, Title VI, Section 6217). Establishes the National Coastal Nonpoint Pollution Control Program. Requires participants to develop coastal nonpoint pollution control programs as part of their coastal management efforts; identifies program contents, the approval process, what portion of federal coastal zone and water pollution assistance could be lost for noncompliance; and authorizes appropriations.

Source: CRS.

Author Contact Information

Eva Lipiec, Analyst in Natural Resources Policy ([email address scrubbed], [phone number scrubbed])

Footnotes

 The Coastal Zone Management Act (CZMA; ; P.L. 92-583, 16 U.S.C. §§1451-1466) received broad support in both chambers. The Senate passed its version of the bill (S. 3507, 92nd Congress) by a 68-0 roll-call vote, and the House passed its version (H.R. 1414, 92nd Congress) by a 376-6 roll-call vote. The conference report was adopted by voice vote in both chambers. In addition to CZMA, the 92nd Congress considered but did not enact more general national land use planning legislation. Some Members of Congress concluded that the challenges the general land use legislation was intending to address were most concentrated in coastal areas and warranted immediate attention. U.S. Congress, Senate Committee on Commerce, Bill Report on S. 3507, National Coastal Zone Management Act of 1972, S. Rpt. 92-753, p. 3. The result was CZMA, with the intent by some Members to fold coastal management into more encompassing legislation at a later date. U.S. Congress, Conference Committee, Conference Report to Accompany S. 3507, Coastal Zone Management Act of 1972, H. Rept. 92-1544, p. 13. For example, in 197013. See Appendix A for an overview of amendments to the Coastal Zone Management Act.

National Oceanic and Atmospheric Administration (NOAA), Coastal Land Cover Change Summary Report, 1996-2010, 2014, at https://coast.noaa.gov/data/digitalcoast/pdf/landcover-report-summary.pdf; NOAA and U.S. Fish and Wildlife Service, Status and Trends of Wetlands in the Coastal Watersheds of the Coterminous United States, 2004-2009, 2013, at https://www.fws.gov/wetlands/Documents/Status-and-Trends-of-Wetlands-In-the-Coastal-Watersheds-of-the-Conterminous-US-2004-to-2009.pdf; and U.S. Global Climate Research Program, Impacts, Risks, and Adaptation in the United States: Fourth National Climate Assessment, Volume II, 2018, at https://nca2018.globalchange.gov/downloads/NCA4_2018_FullReport.pdf.

Participating in CZMA is voluntary, as in states and territories (hereinafter states) are not required to submit a coastal management program to the Secretary of Commerce. However, if and when a state's coastal management program is approved by the Secretary of Commerce, the state becomes eligible to receive financial assistance and review federal consistency determinations and must implement Section 6217, the Coastal Nonpoint Pollution Control Program, which requires states with approved coastal management programs to reduce polluted runoff to coastal waters through specific land-based measures.

15 C.F.R. §923.132. Information about evaluation criteria can be found at NOAA, Evaluation Process: Coastal Zone Management Act Evaluations, June 2021, https://perma.cc/PTT6-VKZ2. Past evaluations can be found at NOAA, "Evaluation Findings," https://perma.cc/7V4G-KNXM" at https://coast.noaa.gov/czm/evaluations/evaluation_findings/index.html. Information about ongoing evaluations can be found at NOAA, "Program Evaluations," https://perma.cc/CZ8Q-M3ZJ. " at https://coast.noaa.gov/czm/evaluations/.

U.S. Congress, Senate Committee on Commerce, Legislative History of the Coastal Zone Management Act of 1972, as Amended in 1974 and 1976 with a Section-by-Section Index, committee print, prepared by the Congressional Research Service, 94th Cong., 2nd sess., 1976, CMP-1976-COM-0021.

16 U.S.C. §1455b. The current version of CZMA also refers to the Coastal Zone Management Fund, a mechanism for NOAA to provide loans to various coastal entities for coastal zone work. The fund was established, operated, and was amended several times, and it is unclear whether the fund could function under the language of the current statute. According to NOAA in 2018, if Congress appropriated dollars to the fund, changes or new legislation still would be needed to allow NOAA to provide loans, and to receive repayments for new loans. Email fromPersonal correspondence with NOAA's Office of Legislative and Intergovernmental Affairs, November 7, 2018.

NOAA's Office of Legislative and Intergovernmental Affairs, October 29, 2018.

NOAA has defined federal actions in regulation. Federal agency activities means "any functions performed by or on behalf of a Federal agency in the exercise of its statutory responsibilities" (15 C.F.R. §930.31). "Federal license ofor permit activities" is defined as "any authorization that an applicant is required by law to obtain in order to conduct activities affecting any land or water use of natural resource of the coastal zone and that any Federal agency is empowered to issue to an applicant" (15 C.F.R. §930.51). "OCS [outer continental shelf] plans" means "any plan for the exploration or development of, or production from, any area which has been leased under the Outer Continental Shelf Lands Act (43 U.S.C. §§1331 et seq.), and the regulations under that Act, which is submitted to the Secretary of the Interior or designee following management program approval and which describes in detail federal license or permit activities" (15 C.F.R. §930.73). "Federal assistance" is defined as "assistance provided under a federal program to an applicant agency through grant or contractual arrangements, loans, subsidies, guarantees, insurance, or other form of financial aid" (15 C.F.R. §930.90-91). 16 U.S.C. §1456(c)(1)(C); 16 U.S.C. §1456(c)(3)(A); 16 U.S.C. §1456(c)(3)(B); and 16 U.S.C. §1456(d).

NOAA has defined the C of that report.

Personal correspondence with NOAA's Office of Legislative and Intergovernmental Affairs, October 25, 2018.

Personal correspondence with NOAA's Office of Legislative and Intergovernmental Affairs, October 25, 2018.

Personal correspondence with NOAA, CZMA Federal Consistency Overview: Section 307 of the Coastal Zone Management Act of 1972, at https://coast.noaa.gov/czm/consistency/media/federal-consistency-overview.pdf.

In addition to the decisions noted in the text, the Secretary of Commerce has delegated questions of threshold (i.e., whether the appeal meets the form and timeliness requirements set in regulation) to the NOAA general counsel and substantive appeal decisions to the Under Secretary for Oceans and Atmosphere. NOAA, Office for Coastal Management, Appeals to the Secretary of Commerce Under the Coastal Zone Management Act (CZMA) –April 26, 2018, at https://coast.noaa.gov/czm/consistency/media/appealslist.pdf.

For example, H.R. 2735 and H.R. 6641 in the 118th Congress. H.R. 6641 defined working waterfronts as "real property (including support structure over water and other facilities) that (A) provides access to provides access to coastal waters to persons engaged in commercial fishing, recreational fishing businesses, boatbuilding, aquaculture, or other water-dependent, coastal-related business andcoastal waters by coastal users; and (B) is used for, or that supports, commercial and recreational fishing, recreational fishing businesses, boat­buildingfishing and boating businesses, and boatbuilding, aquaculture, orand other water-dependent, coastal-related business." H.R. 1176 would have established a Working Waterfront Task Force and grant programs to preserve and protect coastal access for water-dependent commercial activities.

GAO, Climate Change: Information on NOAA's Support for States' Marine Coastal Ecosystem Resilience Efforts, GAO-16-834, September 28, 2016, p. 14.

NOAA, "Coastal Nonpoint Pollution Control Program," at https://coast.noaa.gov/czm/pollutioncontrol/.

Peninsula Daily News, "Judge OKs Lawsuit Seeking Better Protection of Puget Sound," September 21, 2017, at http://www.peninsuladailynews.com/news/judge-oks-lawsuit-seeking-better-protection-of-puget-sound/; Northwest Environmental Advocates, "Oregon Coast," " at https://www.northwestenvironmentaladvocates.org/newblog/project/oregon-coast/; and Northwest Environmental Advocates, "Washington FailsFail at Controlling Polluted Nonpoint Runoff," at https://www.northwestenvironmentaladvocates.org/newblog/places/washington/washington-polluted-nonpoint-runoff/.

1.

The Coastal Zone Management Act (CZMA; 68 Washington received final approval of its program in 2024. Some experts have advocated for Congress to amend CZMA to better address coastal nonpoint pollution, such as agricultural nutrients, to reduce the incidence and extent of harmful algal blooms and hypoxia.69 Others may argue that these responsibilities should fall primarily to the states and local governments.

Some stakeholders have advocated for changes to the types of activities that undergo participant consistency determination reviews. For instance, a Member of Congress introduced legislation in the 119th Congress to add a "conclusive presumption" of consistency between certain federal actions and participants' policies.70 In the bill, the specified federal actions or covered activities are defined as "a national security activity," "a critical infrastructure project," "a disaster recovery or mitigation activity," or "an activity with a significant national or regional economic impact."71 Under the legislation, the participant would be able to object or challenge the activity, but such a challenge may "not delay or otherwise prevent the activity from proceeding." In a statement about the bill, the bill sponsor noted that the bill would "expedite important coastal activities" and highlighted concerns regarding state coastal management decisions in California.72 Some stakeholders have opposed the bill, stating that it "would muzzle the voices of communities, small businesses, and states to speak out about federal government actions along the coast that affect their lives and livelihoods" and that it "attacks coastal states' rights to review federal actions under the CZMA."73

Authorization of Appropriations and Funding for CZMA Financial Assistance Programs

Although authorizations of appropriations for CZMA financial assistance programs expired years ago, recent Congresses have continued to appropriate funding for the programs. CZMA coastal zone management financial assistance programs were last authorized for appropriations in the following years:74

  • Section 306 (Administrative Grants): FY1999;75
  • Section 306A (Coastal Resource Improvement Grants): FY1999;
  • Section 307A (Coastal and Estuarine Land Conservation Program): FY2013;76
  • Section 309 (Coastal Zone Enhancement Grants): FY1999;
  • Section 310 (Technical Assistance): no authorization of appropriations; and
  • Section 6217 (Coastal Nonpoint Pollution Control Program): FY1995.77

Some Members of Congress during previous Congresses have proposed to reauthorize and increase authorizations of appropriations for several CZMA financial assistance programs. For example, one bill in the 118th Congress would have updated the amount and timeframe of the authorization of appropriations for an amended version of the Section 307A program.78

Various stakeholders have argued for changes to appropriated amounts for the CZMA financial assistance programs. For example, the Biden Administration had requested $78.5 million for the coastal zone management grants for FY2024 and $81.5 million for FY2025;79 other administrations, such as the first Trump Administration in FY2021, had proposed to eliminate all coastal zone management grants.80 In FY2024, Congress appropriated $81.5 million to NOAA for coastal zone management grants.81 Congress provided additional funding to states and territories under Section 307A and 310 grant programs for FY2022 through FY2026 under the Infrastructure Investment and Jobs Act (IIJA) and the Inflation Reduction Act (IRA).82 Notwithstanding the funding from IIJA and IRA, for FY2025, Congress decreased NOAA's overall appropriation in P.L. 119-4 compared with appropriations provided in FY2024. Congress did not provide line office or budget line item information as part of the law or accompanying language; thus, as of the date of this report, it is unclear how coastal zone management grants may be impacted.83 In addition, the Trump Administration has not released its FY2026 budget request. It also has paused or terminated certain categories of IIJA funding through Executive Order 14154, "Unleashing American Energy."84

Some stakeholders have contended that financial assistance to states from the NCZMP is important and support more funding. For example, in a 2016 GAO survey, state coastal zone managers indicated that "financial assistance provided by NOAA [was] critical" and that "the amount of financial assistance available [was] insufficient to address states' needs in implementing projects."85 Another stakeholder group in 2024 stated that the "federal government needs to provide more consistent financial … support to states" and that "many states would be further along with coastal management programs if federal partners strategically committed more time and resources to assisting local efforts."86 NOAA officials also have stated that financial assistance for coastal zone management is in high demand. For example, the NOAA Regional Coastal Resilience grant program, administered under Section 310, received 132 applications requesting $105 million in FY2015; $4.5 million was available for grants.87 One group has noted that while funding for coastal zone management financial assistance generally increased nominally from FY2002 through FY2023, funding levels have "not kept pace with inflation or the increased costs of staffing and operating programs."88 They claim that "coastal states and territories have identified that annual appropriations would need to be over $134 [million] in FY2025 … to fully address these demands." Congress could evaluate increasing appropriations for some or all of the CZMA financial assistance programs given these stakeholders' concerns, maintaining the status quo on funding, or reducing funding for these programs. Congress also may consider directing NOAA to continue its recent allocation strategy of funding certain financial assistance programs or making changes to provide funds to other programs, such as Section 307A and Section 6217, that have not received annual appropriations in recent years.

Alternatively, some Members of Congress and stakeholders have argued no appropriations should be provided for programs with expired authorizations of appropriations, such as CZMA financial assistance programs. Under House and Senate rules, authorizations of appropriations are required to be enacted prior to House consideration of relevant appropriations bills; Members may raise a point of order, which may be waived.89 Some stakeholders contend that Congress should enforce the rules to a greater degree and refrain from appropriating funding toward programs with expired authorizations of appropriations.90 Some Members of Congress in the 118th Congress proposed legislation that would have reduced appropriations for, or terminated altogether, programs with expired authorizations of appropriations.91

Footnotes

1. 2.
2.

For example, Congress passed the National Environmental Policy Act of 1969 (P.L. 91-190) and President Nixon created the Environmental Protection Agency in 1970. The Federal Water Pollution Control Act Amendments of 1972 (P.L. 92-500; also known as the Clean Water Act) also were enacted in this period.

3.

National Oceanic and Atmospheric Administration (NOAA), Office for Coastal Management (OCM), "Economics and Demographics," https://perma.cc/Q85H-YB33.
4.

NOAA, "Land Cover Change," https://coast.noaa.gov/states/fast-facts/land-cover-change.html; and U.S. Global Change Research Program (USGCRP), "Chapter 9: Coastal Effects," in Fifth National Climate Assessment, 2023. Hereinafter USGCRP, "Chapter 9: Coastal Effects."

5.
4.

Long title of CZMA, P.L. 92-583. 6.

5.

. 16 U.S.C. §1452.

6 7.

The National Estuarine Research Reserve System program funds research and monitoring in 2930 protected coastal areas. The Digital Coast is an online platform with a curated collection of web-based spatial information, visualization and predictivedata, tools, and training for U.S. coastal managers and technicians. The Office for Coastal Management (OCM)OCM houses the NOAA Coral Reef Conservation Program, which supports efforts to preserve, sustain, and restore coral reef ecosystems across NOAA. More information on all of these programs can be found at NOAA, "Learn About the Programs,"" at https://coast.noaa.gov/about/.

7.

The majority of CZMA provisions are voluntary, with the notable exception of Section 6217, the Coastal Zone Reauthorization Amendments Act (§6127 of P.L. 101-508), which added a mandatory component to CZMA: the National Coastal Nonpoint Pollution Control program, which requires coastal https://perma.cc/8VNR-3UYH.

8.
8 9.

16 U.S.C. §§1454-1455 and 15 C.F.R. §923.3(c).

9.

16 U.S.C. §1455.
10.

15 C.F.R. §923.132. Thirty-three of the 34 programs have been evaluated since 2009. Illinois's recent evaluation findings have not been finalized. Information about evaluation criteria can be found at NOAA, Reporting Guidance, Recommendations, and Evaluation Metrics, 2018 at https://coast.noaa.gov/czm/media/reporting-guidance-recommendations-evaluation-metrics.pdfPart 923.

10.

15 C.F.R. §923.3(c).
11.

16 U.S.C. §1455.
12. 13.
11.

Alaska's legislature did not renew its coastal management program on July 1, 2011, resulting in its withdrawal from the National Coastal Zone Management Program (NCZMP). (NOAA, "Alaska Coastal Management Program Withdrawal from the National Coastal Management Program Under the Coastal Zone Management Act (CZMA)," 76 Federal Register 39857, July 7, 2011). According to some, Alaska's choice to discontinue the program was influenced by natural resource extraction agencies and divisive political discourse. Others argue that legislation to reestablish the program would have created a larger coastal zone and have adverse impacts on the state. (Ryan M. Wilson, Why Did Alaska Eliminate the Alaska Coastal Management Program?, 2018, at https://scholarworks.alaska.edu/handle/11122/8751, and Mark Thiessen, "Coastal Management Initiative Fails by a Heavy Margin," Alaska Journal of Commerce, (2012), at http://www.alaskajournal.com/business-and-finance/2012-08-312012, https://www.proquest.com/trade-journals/coastal-management-initiative-fails-heavy-margin#.XB2FW1xKiUk.

12.

/docview/1040833201/se-2?accountid=12084).

14.
13.

15.

16 U.S.C. §1455.
16.

16 U.S.C. §1455a.

17.

16 U.S.C. §§1456-1 and 1456a.
18.

16 U.S.C. §1456b.
19.

16 U.S.C. §1456c.
20.
14.

Email from

21.

Personal correspondence with NOAA's Office of Legislative and Intergovernmental Affairs, October 29, 2018.
22.

Explanatory statements accompanying FY2018 through FY2024 annual appropriations laws.

23.

16 U.S.C. §1456(c)(1)(A).
24.
15.

Additionally, during several periods since 1972, Congress appropriated funding to the Section 310 program to implement and support other programs such as the National Coastal Nonpoint Pollution Control program and the Regional Coastal Resilience grant program. Emails from NOAA's Office of Legislative and Intergovernmental Affairs, November 15, 2018, and December 12, 2018.
16.

Email from NOAA's Office of Legislative and Intergovernmental Affairs, November 15, 2018. NOAA allocations for FY2018 and FY2019 are currently unavailable.

17.

16 U.S.C. §1456(c)(1)(A).
18.

16 U.S.C. §1456(c)(1)(C); 16 U.S.C. §1456(c)(3)(A); 16 U.S.C. §1456(c)(3)(B); and 16 U.S.C. §1456(d).

19.

67 Stat. 29.

20.

16 U.S.C. §1453(1).
21.

16 U.S.C. 1455(d)(2)(A).
22.

15 C.F.R. §930.11(g).
23.

15 C.F.R. §930.11(g).
24.

15 U.S.C. §1453; 15 C.F.R. §930.11(h).
25.

NOAA has defined "federal actions" in regulation. "Federal agency activities"

25.

15 C.F.R. §930.52.
26.

67 Stat. 29.

27.

16 U.S.C. §1453(1).
28.

16 U.S.C. §1455(d)(2)(A).
29.

15 C.F.R. §930.11(g).
30.

15 C.F.R. §930.11(g).
31.

16 U.S.C. §1453; 15 C.F.R. §930.11(h).
32.
26 33.

15 C.F.R. §930.34(b)-(c); 15 C.F.R. §930.53-930.54; 15 C.F.R. §930.74; and 15 C.F.R. §930.95. NOAA has promulgated regulations for review of unlisted actions. See regulations listed above for more details.

27 34.

15 C.F.R. §930.151.

28 35.

15 C.F.R. §930 Subpart I.

29 36.

NOAA also has illustrated the federal agency activities and federal licenses and permitslicense and permit activities process in a step-by-step flowchart at NOAA Office for Coastal ManagementOCM, CZMA Federal Consistency Overview, Section 307 of the Coastal Zone Management Act of 1972, February 24, 2020, https://perma.cc/LV3D-GWLG, 2016, at https://coast.noaa.gov/czm/consistency/media/federal-consistency-overview.pdf. The flowcharts are in AppendixAppendixes B and C of that report.

37.
30.

The term consistent to the maximum extent practicable is defined as "fully consistent with the enforceable policies of management programs unless full consistency is prohibited by existing law applicable to the Federal agency" (15 C.F.R. §930.32).

31 38.

15 C.F.R. §930.43.

32 39.

16 U.S.C. §1456(c)-(d); 15 C.F.R. §930.64; 15 C.F.R. §930.80; and 15 C.F.R. §930.97.

33 40.

16 U.S.C. §1456(c)-(d); and 15 C.F.R. §930 Subparts G and H.

34 41.

Department of Commerce, Decision and Findings by the U.S. Secretary of Commerce in the Consistency Appeal of AES Sparrows Point LNG, LLC and Mid-Atlantic Express, LCCElectric Boat Corporation from an Objection by the State of Maryland, June 26, 2008, p. 43, at https://coast.noaa.gov/czm/consistency/appeals/fcappealdecisions/mediadecisions/aes.pdf.

35.

Email fromNew York State Department of State, November 16, 2020, p. 18, https://perma.cc/R8D4-VD25.

42.
36.

Email from

43.
37 44.

NOAA, Office for Coastal Management, Appeals to the Secretary of Commerce Under the Coastal Zone Management Act (CZMA), January 13, 2025, https://perma.cc/MZU5-EU8F. Hereinafter NOAA, Appeals under CZMA, January 13, 2025.

45.
38.

Email from NOAA's Office of Legislative and Intergovernmental Affairs, October 25, 2018.

39 46.

NOAA, Office for Coastal Management, Appeals to the Secretary of Commerce Under the Coastal Zone Management Act (CZMA) –April 26, 2018, at https://coast.noaa.gov/czm/consistency/media/appealslist.pdf.
40.

NOAA, Appeals Under CZMA, January 13, 2025.

 47.
41.

NOAA, Office for Coastal Management, Appeals to the Secretary of Commerce Under the Coastal Zone Management Act (CZMA) –April 26, 2018, at https://coast.noaa.gov/czm/consistency/media/appealslist.pdf.
42.

NOAA, NOAA's State of the Coast, National Coastal Population Report: Population Trends from 1970 to 2020, 2013, at https://aamboceanservice.blob.core.windows.net/oceanservice-prod/facts/coastal-population-report.pdf.

43.

NOAA has classified industries such as marine construction, living resources, offshore mineral extraction, ship and boat building, tourism and recreation, and marine transportation as the ocean and Great Lakes economy. NOAA, Office for Coastal Management, NOAA Report on the U.S. Ocean and Great Lakes Economy, 2018, at https://coast.noaa.gov/data/digitalcoast/pdf/econ-report.pdf.

44.

According to H.R. 1176, proposed in the 115th Congress, "working waterfront" is defined as "real property (including support structures over water and other facilities) that (NOAA, Appeals Under CZMA, January 13, 2025).

48.

NOAA, Appeals Under CZMA, January 13, 2025.
49.

NOAA, OCM, "Economics and Demographics," https://perma.cc/Q85H-YB33.

50.

NOAA, OCM, "Marine Economy," https://perma.cc/68C2-QLYQ. The marine economy includes tourism and recreation, national defense and public administration, offshore minerals, transportation and warehousing, living resources, ship and boat building, utilities, research and education, construction, and professional and technical services.

51.

USGCRP, "Chapter 9: Coastal Effects."
52.

Eric V. Hull, "Protecting Coastal Communities and Marine Biodiversity Under the Coastal Zone Management Act," South Carolina Law Review, vol. 76 (2024), pp. 1-47 (hereinafter Hull, "Protecting Coastal Communities"); Alisha Summers et al., "Failure to Protect Beaches Under Slowly Rising Sea Level," Climatic Change, vol. 151 (2018), pp. 427-443; and Lindsay Garten, "The Coastal Zone Management Act: A Mixed Success," Consilience: The Journal of Sustainable Development, vol. 16, no. 1 (2016), pp. 1-13.
53.

Hull, "Protecting Coastal Communities," pp. 37-38.
54.

Brooke Mercaldi, "Enhancing the Coastal Zone Management Act by Integrating Environmental Justice," Chicago-Kent Journal of Environmental & Energy Law, vol. 12, no. 1 (fall 2022), p. 52.
55.

Lindsey Hutchison, "Fissues in the Windustry: Mitigating Fishing Industry Concerns While Promoting Offshore Wind," Journal of Environmental Law and Litigation, vol. 37 (2022), p. 312.
56.
57.

H.R. 1808 in the 119th Congress.
58.

For example, H.R. 3976 and H.R. 7607/S. 3633 in the 118th Congress.

59.

Lara C. Diaconu, "The Time Is Now for the IACHR to Address Climate Action as a Human Right: Indigenous Communities Can Lead (Again)," American Indian Law Journal, vol. 9, no. 2 (2021), p. 238.

60.

For example, H.R. 6841 in the 118th Congress.

61.

House Committee on Natural Resources, "Legislative Hearing on H.R. 6841, H.R. 7925, H.R. 8704 & H.R. 8705," https://naturalresources.house.gov/calendar/eventsingle.aspx?EventID=416176.

62.
45.

The District of Columbia is not considered an eligible state or territory under the current CZMA.

46.

Alisha Summers et al., "Failure to Protect Beaches Under Slowly Rising Sea Level," Climatic Change, vol. 151 (2018), pp. 427-443, and Lindsay Garten, "The Coastal Zone Management Act: A Mixed Success," Consilience: The Journal of Sustainable Development, vol. 16, no. 1 (2016), pp. 1-13.
47.

U.S. Government Accountability Office (GAO), Coastal Zone Management: Opportunities Exist for NOAA to Enhance Its Use of Performance Information, GAO-14-592, July 16, 2014, pp. 22-24.

48.

Hereinafter GAO-14-592.

63.

GAO-14-592.
64.

NOAA, Office of Coastal Management, Coastal Zone Management Act Performance Measurement System: Coastal Management Program Guidance, April 2011, updated October 2023, https://perma.cc/P9KV-5Q73.
65.
49.

Hereinafter GAO-16-834.

66.

16 U.S.C. 1455b(c)(3).
67.
50.

"Judge OKs lawsuit seeking better protection of Puget Sound," Peninsula Daily News,

68.
51.

Email from NOAA's Office of Legislative and Intergovernmental Affairs, December 12, 2018.
52.

Authorized amounts for CZMA grant appropriations generally decreased in the 1980 (P.L. 96-464) and 1985 (P.L. 99-272) amendments and increased in the subsequent amendments. Section 310 does not have an authorization of appropriation.

53.

P.L. 104-150 authorized appropriations of $50.5 million for Sections 306, 306A, and 309 grants in FY1999.

54.

P.L. 111-11 authorized appropriations of $60 million for Section 307A grants in FY2013.
55.

P.L. 101-508 authorized appropriations of $12 million for Section 6217 grants in FY1995.
56.

The term used to refer to grant programs under CZMA within NOAA budget proposals and congressional documents has changed over time, ranging from coastal management grants generally to identifying specific grant programs. According to NOAA, coastal zone management grants include all of the current CZMA grant programs with the exception of the Section 307A grant program, which is requested under a separate budget line. If funds were appropriated under this separate budget line, the Section 307A grant program would be managed through the NCZMP. Email from NOAA's Office of Legislative and Intergovernmental Affairs, December 12, 2018. For a more in-depth explanation of the authorization and appropriations processes, see CRS Report RS20371, Overview of the Authorization-Appropriations Process, by Bill Heniff Jr.

57.

NOAA, Budget Estimates Fiscal Year 2019, p. 155, at https://www.corporateservices.noaa.gov/nbo/fy19_bluebook/FY19-NOAA-CJ.pdf.
58.

GAO, Climate Change: Information on NOAA's Support for States' Marine Coastal Ecosystem Resilience Efforts, GAO-16-834, September 28, 2016, p. 16.
59.

GAO, Climate Change: Information on NOAA's Support for States' Marine Coastal Ecosystem Resilience Efforts, GAO-16-834, September 28, 2016, p. 16. Congress appropriated funds to the Regional Coastal Resilience grant program from FY2015 to FY2017.

69.

Caroleen M. Dineen, "Stemming the 'Red Tide': Legislative Approaches to Addressing the Contribution of Agricultural Nutrient Pollution to the Development and Consequences of Harmful Algal Blooms," Vermont Journal of Environmental Law, vol. 24, no. 3 (spring 2023), p. 261.

70.

H.R. 1874 in the 119th Congress.

71.

H.R. 1874 in the 119th Congress. The bill also defines each of the covered activities listed.

72. Rep. Kevin Kiley, "Representative Kiley Introduces the Coastal Commission Accountability Act to Rein in CA Coastal Commission Abuses," March 5, 2025, https://kiley.house.gov/posts/representative-kiley-introduces-the-coastal-commission-accountability-act-to-rein-in-ca-coastal-commission-abuses. For more about concerns regarding the California Coastal Commission, see, for example, Editorial Board, "Trump and Newsom Unite over Coastal Commission," March 30, 2025, Los Angeles Daily News, https://www.dailynews.com/2025/03/30/trump-and-newsom-unite-over-coastal-commission/. 73. Coastal States Organization (CSO), "Coastal States Organization Opposes Bill Attacking Coastal Zone Management Act," March 6, 2025, https://coastalstates.org/coastal-states-organization-opposes-bill-attacking-coastal-zone-management-act/. Another group similarly stated that the bill "threatens to strip states of their authority" under CZMA (American Coastal Coalition, "American Coastal Coalition Opposes Anti-CZMA Bill Introduced by Rep. Kevin Kiley," March 21, 2025, https://americancoastalcoalition.org/news/american-coastal-coalition-opposes-anti-czma-bill-introduced-rep-kevin-kiley). 74.

Authorized amounts for CZMA grant programs generally decreased in the 1980 (P.L. 96-464) and 1985 (P.L. 99-272) amendments and increased in the subsequent amendments.

75.

P.L. 104-150 authorized appropriations of $50.5 million for Sections 306, 306A, and 309 grants in FY1999.

76.

P.L. 111-11 authorized appropriations of $60.0 million for Section 307A grants in FY2013.

77.

P.L. 101-508 authorized appropriations of $12.0 million for Section 6217 grants in FY1995.

78.

H.R. 6841 in the 118th Congress.

79.

NOAA, Budget Estimates Fiscal Year 2024, p. NOS-92, https://www.noaa.gov/sites/default/files/2023-04/NOAA_FY24_CJ.pdf; and NOAA, Budget Estimates Fiscal Year 2025, p. Control Table-1, https://www.noaa.gov/sites/default/files/2024-03/NOAA_FY25_Congressional_Justification.pdf.

80. NOAA, Budget Estimates Fiscal Year 2021, p. NOS-75, https://perma.cc/42JZ-BKGS. NOAA stated that the agency would "continue to support state participation in the National CZM Program by reviewing and supporting implementation of states' management plans, supporting Federal consistency reviews, and providing technical assistance services." 81.

Sen. Patty Murray, Unanimous Consent Agreement - H.R. 4366, Congressional Record, vol. 170 (March 4, 2024), p. S1401. In 2024, EPA directed states to allocate a portion of their Clean Water Act Section 319 funding towards the implementation of CZMA Section 6217 (EPA, Nonpoint Source Program and Grants Guidelines for States and Territories, May 4, 2024, EPA 841-R-24-009, https://perma.cc/PG88-C3E9). For more information about Clean Water Act Section 319, see CRS Report R44871, Freshwater Harmful Algal Blooms: Causes, Challenges, and Policy Considerations, by Laura Gatz.

82.

NOAA, "Coastal Zone Management," https://perma.cc/KQ5L-XQFW; and NOAA, "Inflation Reduction Act: Climate-Ready Coasts and Communities," https://perma.cc/A4M7-RMK4. See how NOAA planned to allocate that funding in NOAA, Budget Estimates Fiscal Year 2025, p. BIL Control Table-1, https://www.noaa.gov/sites/default/files/2024-03/NOAA_FY25_Congressional_Justification.pdf.

83.

P.L. 119-4, Title III.

84.

Executive Order 14154, "Unleashing American Energy," 90 Federal Register 8353, January 20, 2025.

85.

GAO-16-834, p. 16.

86.

Surfrider Foundation, State of the Beach Report, 2023, p. 84, https://20811975.fs1.hubspotusercontent-na1.net/hubfs/20811975/SOTB23/SOTB-2023.pdf.

87.

GAO-16-834, p. 16. Congress appropriated funds to the Regional Coastal Resilience grant program from FY2015 to FY2017.

88.

CSO, CSO FY2025 Programmatic Request, Subcommittee on Commerce, Justice, and Science, March 2024, https://coastalstates.org/wp-content/uploads/dmf/FY-2025-CSO-Approps-Request-FINAL_March24.pdf.

89.

For more about the rules see CRS Report R46497, Authorizations and the Appropriations Process, by James V. Saturno.

90.

National Taxpayers Union Foundation, "New House Reform Could Help Reduce Unauthorized Appropriations," March 3, 2023, https://www.ntu.org/foundation/detail/new-house-reform-could-help-reduce-unauthorized-appropriations.

91.

For example, H.R. 1518 and H.R. 4435 in the 118th Congress.