[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 2608 Introduced in Senate (IS)]


107th CONGRESS
  2d Session
                                S. 2608

   To amend the Coastal Zone Management Act of 1972 to authorize the 
  acquisition of undeveloped coastal areas in order better to ensure 
                   their protection from development.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 11, 2002

Mr. Hollings (for himself, Mr. Gregg, Mr. Kerry, Ms. Snowe, Mr. Inouye, 
Mr. Reed, Mr. Breaux, Mr. Cleland, Mr. DeWine, Mr. Sarbanes, Mr. Biden, 
 Mr. Kennedy, Ms. Mikulski, Mr. Cochran, Mr. Torricelli, Mrs. Murray, 
Ms. Landrieu, Mr. Corzine, and Mr. Lieberman) introduced the following 
 bill; which was read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
   To amend the Coastal Zone Management Act of 1972 to authorize the 
acquisition of coastal areas in order better to ensure their protection 
                    from conversion or development.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Coastal and Estuarine Land 
Protection Act''.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) Coastal and estuarine areas provide important nursery 
        habitat for two-thirds of the Nation's commercial fish and 
        shellfish, provide nesting and foraging habitat for coastal 
        birds, harbor significant natural plant communities, and serve 
        to facilitate coastal flood control and pollutant filtration.
            (2) The Coastal Zone Management Act of 1972 (16 U.S.C. 1451 
        et seq.) recognizes the national importance of these areas and 
        their ecological vulnerability to anthropogenic activities by 
        establishing a comprehensive Federal-State partnership for 
        protecting natural reserves and managing growth in these areas.
            (3) The National Estuarine Research Reserve system 
        established under that Act relies on the protection of pristine 
        designated areas for long-term protection and for the conduct 
        of education and research critical to the protection and 
        conservation of coastal and estuarine resources.
            (4) Intense development pressures within the coastal zone 
        are driving the need to provide coastal managers with a wider 
        range of tools to protect and conserve important coastal and 
        estuarine areas.
            (5) Protection of undeveloped coastal lands through the 
        acquisition of interests in property from a willing seller are 
        a cost-effective means of providing these areas with permanent 
        protection from development.
            (6) Permanent protection of lands in the coastal zone is a 
        necessary component of any program to maintain and enhance 
        coastal and estuarine areas for the benefit of the Nation, 
        including protection of water quality, access to public 
        beachfront, conserving wildlife habitat, and sustaining sport 
        and commercial fisheries.
            (7) Federal-State-nongovernmental organization pilot land 
        acquisition projects have already substantially contributed to 
        the long-term health and viability of coastal and estuarine 
        systems.
            (8) Enhanced protection of estuarine and coastal areas can 
        be attained through watershed-based acquisition strategies 
        coordinated through Federal, State, regional, and local 
        efforts.

SEC. 3. ESTABLISHMENT OF PROGRAM.

    The Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.) is 
amended by inserting after section 306A (16 U.S.C. 1455a) the 
following:

``SEC. 306B. COASTAL AND ESTUARINE LAND PROTECTION PROGRAM.

    ``(a) In General.--The Secretary shall establish a Coastal and 
Estuarine Land Protection Program, in cooperation with appropriate 
State, regional, and other units of government for the purposes of 
protecting the environmental integrity of important coastal and 
estuarine areas, including wetlands and forests, that have significant 
conservation, recreation, ecological, historical, or aesthetic values, 
and that are threatened by conversion from their natural, undeveloped, 
or recreational state to other uses. The program shall be administered 
by the National Ocean Service of the National Oceanic and Atmospheric 
Administration through the Office of Ocean and Coastal Resource 
Management.
    ``(b) Property Acquisition Grants.--The Secretary shall make grants 
under the program to coastal States with approved coastal zone 
management plans or National Estuarine Research Reserve units for the 
purpose of acquiring property or interests in property described in 
subsection (a) that will further the goals of--
            ``(1) a Coastal Zone Management Plan or Program approved 
        under this title; or
            ``(2) a National Estuarine Research Reserve management 
        plan; or
            ``(3) a regional or state watershed protection plan 
        involving coastal States with approved coastal zone management 
        plans.
    ``(c) Grant Process.--The Secretary shall allocate funds to coastal 
States or National Estuarine Research Reserves under this section 
through a competitive grant process in accordance with guidelines that 
meet the following requirements:
            ``(1) The Secretary shall consult with the State's coastal 
        zone management program, any National Estuarine Research 
        Reserve in that State, and the lead agency designated by the 
        Governor for coordinating the establishment and implementation 
        of the Coastal and Estuarine Land Protection Act (if different 
        from the coastal zone management program).
            ``(2) The applicant shall identify the values to be 
        protected by inclusion of the lands in the program, management 
        activities that are planned and the manner in which they may 
        affect the values identified, and any other information from 
        the landowner relevant to administration and management of the 
        land.
            ``(3) Awards shall be based on demonstrated need for 
        protection and ability to successfully leverage funds among 
        participating entities, including Federal programs, regional 
        organizations, State and other governmental units, landowners, 
        corporations, or private organizations.
            ``(4) Applications must be determined to be consistent with 
        the State's or territory's approved coastal zone plan, program 
        and policies prior to submittal to the Secretary.
            ``(5) Priority shall be given to lands described in 
        subsection (a) that can be effectively managed and protected 
        and that have significant ecological or watershed protection 
        value.
            ``(6) In developing guidelines under this section, the 
        Secretary shall consult with other Federal agencies and non-
        governmental entities expert in land acquisition and 
        conservation procedures.
            ``(7) Eligible States or National Estaurine Research 
        Reserves may allocate grants to local governments or agencies 
        eligible for assistance under section 306A(e) and may acquire 
        lands in cooperation with nongovernmental entities and Federal 
        agencies.
            ``(8) The Secretary shall develop performance measures that 
        will allow periodic evaluation of the program's effectiveness 
        in meeting the purposes of this section and such evaluation 
        shall be reported to Congress.
    ``(d) Matching Requirements.--
            ``(1) In general.--The Secretary may not make a grant under 
        the program unless the Federal funds are matched by non-Federal 
        funds in accordance with this subsection.
            ``(2) Maximum federal share.--
                    ``(A) 75 percent federal funds.--No more than 75 
                percent of the funding for any grant under this section 
                shall be derived from Federal sources, unless such 
                requirement is specifically waived by the Secretary.
                    ``(B) Waiver of requirement.--The Secretary may 
                grant a waiver of the limitation in subparagraph (A) 
                for underserved communities, communities that have an 
                inability to draw on other sources of funding because 
                of the small population or low income of the community, 
                or for other reasons the Secretary deems appropriate.
            ``(3) Other federal funds.--Where financial assistance 
        awarded under this section represents only a portion of the 
        total cost of a project, funding from other Federal sources may 
        be applied to the cost of the project. Each portion shall be 
        subject to match requirements under the applicable provision of 
        law.
            ``(4) Source of matching cost share.--For purposes of 
        paragraph (2)(A), the non-Federal cost share for a project may 
        be determined by taking into account the value of non-monetary 
        or in-kind contributions of the non-Federal partner, such as 
        land value, conservation easement value, remediation, 
        restoration, enhancement, or donated labor and supplies. Such 
        in-kind contributions must be identified in project plans and 
        must have been made within 3 years before or after the grant 
        application submission.
    ``(e) Regional Watershed Demonstration Project.--The Secretary may 
provide up to $5,000,000 for a regional watershed protection 
demonstration project that will meet the requirements of this section 
and:
            ``(1) leverages land acquisition funding from other Federal 
        land conservation or acquisition programs such that other 
        Federal contributions, at a minimum, equal the amounts provided 
        by the Secretary;
            ``(2) involves partnerships from a broad spectrum of 
        Federal, State, and non-governmental entities;
            ``(3) provides for the creation of conservation corridors 
        and preservation of unique coastal habitat;
            ``(4) protects largely unfragmented habitat under imminent 
        threat of development or conversion;
            ``(5) provides water quality protection for areas set aside 
        for research under the National Estuarine Research Reserve 
        program; and
            ``(6) provides a model for future regional watershed 
        protection projects.
    ``(f) Reservation of Funds for National Estuarine Research Reserve 
Sites.--No less than 15 percent of funds made available under this 
section shall be available for acquisitions benefiting National 
Estuarine Research Reserve acquisitions.
    ``(g) Limit on Administrative Costs.--Up to 5 percent of the funds 
made available to the Secretary or eligible coastal State under this 
section shall be used for planning or administration. The Secretary 
shall provide a report to Congress with an account of all expenditures 
under this section for fiscal year 2003, fiscal year 2004, fiscal year 
2005, and triennually thereafter.
    ``(h) Title and Management of Acquired Property.--
            ``(1) In general.--If any property is acquired in whole or 
        in part with funds made available through a grant under this 
        section, the grant recipient shall provide such assurances as 
        the Secretary may require that--
                    ``(A) the title to the property will be held by the 
                grant recipient or other appropriate public agency 
                designated by the recipient in perpetuity;
                    ``(B) the property will be managed in a manner that 
                is consistent with the purposes for which the land 
                entered into the program and shall not convert such 
                property to other uses; and
                    ``(C) if the property or interest in land is sold, 
                exchanged, or divested, funds equal to the correct 
                value will be returned to the Secretary, for re-
                distribution in the grant process.
            ``(2) Conservation easement.--In this subsection, the term 
        `conservation easement' includes an easement, recorded deed, or 
        interest deed where the grantee acquires all rights, title, and 
        interest in a property, except those rights, title, and 
        interests that may run with the land and are expressly reserved 
        by a grantor and agreed to at the time of purchase.
    ``(i) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary--
            ``(1) $60,000,000 for fiscal year 2003 and each fiscal year 
        thereafter to carry out this section (other than subsection 
        (e)); and
            ``(2) $5,000,000 for fiscal year 2003 to carry out 
        subsection (e), such sum to remain available without fiscal 
        year limitation.''.

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