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

                                                       Calendar No. 633
107th CONGRESS
  2d Session
                                S. 2608

                          [Report No. 107-296]

   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.


_______________________________________________________________________


                   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, Mr. Lieberman, Ms. Collins, Mr. Wyden, Mrs. 
 Feinstein, Mr. Nelson of Florida, Mr. Dodd, and Mr. Levin) introduced 
the following bill; which was read twice and referred to the Committee 
                on Commerce, Science, and Transportation

                            October 3, 2002

              Reported by Mr. Hollings, with an amendment
 [Strike all after the enacting clause and insert the part printed in 
                                italic]

_______________________________________________________________________

                                 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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Coastal and Estuarine Land 
Protection Act''.</DELETED>

<DELETED>SEC. 2. FINDINGS.</DELETED>

<DELETED>    The Congress finds the following:</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (8) Enhanced protection of estuarine and coastal 
        areas can be attained through watershed-based acquisition 
        strategies coordinated through Federal, State, regional, and 
        local efforts.</DELETED>

<DELETED>SEC. 3. ESTABLISHMENT OF PROGRAM.</DELETED>

<DELETED>    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:</DELETED>

<DELETED>``SEC. 306B. COASTAL AND ESTUARINE LAND PROTECTION 
              PROGRAM.</DELETED>

<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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--</DELETED>
        <DELETED>    ``(1) a Coastal Zone Management Plan or Program 
        approved under this title; or</DELETED>
        <DELETED>    ``(2) a National Estuarine Research Reserve 
        management plan; or</DELETED>
        <DELETED>    ``(3) a regional or state watershed protection 
        plan involving coastal States with approved coastal zone 
        management plans.</DELETED>
<DELETED>    ``(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:</DELETED>
        <DELETED>    ``(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).</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(d) Matching Requirements.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(2) Maximum federal share.--</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(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:</DELETED>
        <DELETED>    ``(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;</DELETED>
        <DELETED>    ``(2) involves partnerships from a broad spectrum 
        of Federal, State, and non-governmental entities;</DELETED>
        <DELETED>    ``(3) provides for the creation of conservation 
        corridors and preservation of unique coastal habitat;</DELETED>
        <DELETED>    ``(4) protects largely unfragmented habitat under 
        imminent threat of development or conversion;</DELETED>
        <DELETED>    ``(5) provides water quality protection for areas 
        set aside for research under the National Estuarine Research 
        Reserve program; and</DELETED>
        <DELETED>    ``(6) provides a model for future regional 
        watershed protection projects.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(h) Title and Management of Acquired Property.--
</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(A) the title to the property will be 
                held by the grant recipient or other appropriate public 
                agency designated by the recipient in 
                perpetuity;</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(i) Authorization of Appropriations.--There are 
authorized to be appropriated to the Secretary--</DELETED>
        <DELETED>    ``(1) $60,000,000 for fiscal year 2003 and each 
        fiscal year thereafter to carry out this section (other than 
        subsection (e)); and</DELETED>
        <DELETED>    ``(2) $5,000,000 for fiscal year 2003 to carry out 
        subsection (e), such sum to remain available without fiscal 
        year limitation.''.</DELETED>

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) Each participating State shall identify priority 
        conservation needs within the State, the values to be protected 
        by inclusion of lands of the program, and the threats to those 
        values that should be avoided.
            ``(3) Each participating State shall evaluate how the 
        acquisition of property or easements might impact working 
        waterfront needs.
            ``(4) 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.
            ``(5) 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.
            ``(6) 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.
            ``(7) 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.
            ``(8) 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.
            ``(9) 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.
            ``(10) 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 onto account the following:
            ``(A) Land value may be used as non-Federal match if the 
        lands are identified in project plans and acquired within three 
years prior to the submission of the project application or after the 
submission of a project application until the project grant is closed 
(not to exceed 3 years). The appraised value of the land at the time of 
project closing will be considered the non-Federal cost share.
            ``(B) Costs associated with land acquisition, land 
        management planning, remediation, restoration, and enhancement 
        may be used as non-Federal match if the activities are 
        identified in the plan and expenses are incurred within the 
        period of the grant award. These costs may include either case 
        or in-kind contributions.
    ``(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.--No more than 5 percent of the 
funds made available to the Secretary under this section shall be used 
by the Secretary for planning or administration of the program. 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 triennially 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, that do not conflict with the goals of 
        this Act except those rights, title, and interests that may run 
        with the land that are expressly reserved by a grantor and are 
        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.''.

SEC. 4. ASSISTANCE FROM OTHER AGENCIES.

    Section 310(a) of the Coastal Zone Management Act of 1972 (16 
U.S.C. 1456c(a)) is amended by striking ``any qualified person for the 
purposes of carrying out this subsection.'' and inserting ``any other 
Federal agencies (including interagency financing of Coastal America 
activities) and any other qualified person for the purposes of carrying 
out this section.''.




                                                       Calendar No. 633

107th CONGRESS

  2d Session

                                S. 2608

                          [Report No. 107-296]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                            October 3, 2002

                       Reported with an amendment