[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3187 Introduced in House (IH)]






109th CONGRESS
  1st Session
                                H. R. 3187

 To authorize the acquisition of land and interests in land to improve 
the conservation of, and to enhance the ecological values and functions 
    of, coastal watersheds and estuarine areas to benefit both the 
  environment and the economies of coastal communities, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 30, 2005

  Mr. Saxton introduced the following bill; which was referred to the 
                         Committee on Resources

_______________________________________________________________________

                                 A BILL


 
 To authorize the acquisition of land and interests in land to improve 
the conservation of, and to enhance the ecological values and functions 
    of, coastal watersheds and estuarine areas to benefit both the 
  environment and the economies of coastal communities, and for other 
                               purposes.

    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 
Conservation Program Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Coastal and estuarine areas provide important nursery 
        habitat for two-thirds of the commercial fish and shellfish 
        populations of the United States, provide nesting and foraging 
        habitat for coastal birds, harbor significant natural plant 
        communities, and serve to facilitate coastal flood control and 
        pollutant filtration.
            (2) Coastal and estuarine areas, in both urban and rural 
        settings, provide significant opportunities for recreational 
        and educational activities, including hunting and fishing, 
        boating, swimming, bird watching, wildlife observation, 
        restoration, and other activities.
            (3) 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.
            (4) The National Estuarine Research Reserve system 
        established under that Act relies on the protection of 
        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.
            (5) 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, including protection of developed or 
        ecologically degraded areas with potential for restoration for 
        ecological or recreational purposes.
            (6) Federal-State-nongovernmental organization pilot 
        projects have already substantially contributed to the long-
        term health and viability of coastal and estuarine systems.
            (7) Enhanced protection of estuarine and coastal areas can 
        be coordinated through Federal, State, regional, and local 
        efforts.

SEC. 3. ESTABLISHMENT OF COASTAL AND ESTUARINE LAND CONSERVATION 
              PROGRAM.

    The Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.) is 
amended by inserting after section 310 the following:

           ``coastal and estuarine land conservation program

    ``Sec. 310A. (a) Establishment.--The Secretary shall establish, in 
cooperation with appropriate State, regional, and other units of 
government, a Coastal and Estuarine Land Conservation Program (in this 
section referred to as the `Program)' for the purposes of--
            ``(1) ascertaining the environmental integrity of important 
        coastal and estuarine areas, including wetlands and forests, 
        that--
                    ``(A) have significant conservation, recreation, 
                ecological, historical, economic, or aesthetic values; 
                and
                    ``(B) are threatened by conversion from their 
                natural, undeveloped, or recreational state to other 
                uses or could be managed or restored to effectively 
                conserve, enhance, or restore ecological function; and
            ``(2) protecting the environmental integrity of such areas.
    ``(b) Administration of Program.--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.
    ``(c) Property Acquisition Grants.--
            ``(1) Grants; purpose.--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 assisting such States to acquire property or 
        interests in property described in subsection (a) that will 
        further the goals of--
                    ``(A) a Coastal Zone Management Plan or Program 
                approved under this title;
                    ``(B) a National Estuarine Research Reserve 
                management plan; or
                    ``(C) a regional or State watershed protection or 
                management plan involving coastal states with approved 
                coastal zone management plans.
            ``(2) Limitation to acquisition from willing sellers.--
        Property acquisition funded in whole or in part using a grant 
        received under this subsection shall be limited to acquisition 
        from willing sellers.
    ``(d) 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 coastal states 
        coastal zone management programs, National Estuarine Research 
        Reserve in coastal states, and the lead agencies designated by 
        Governors of coastal states for coordinating the establishment 
        and implementation of this title (if different from the coastal 
        zone management program of a State).
            ``(2) Each participating coastal 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 coastal state shall evaluate how 
        the acquisition of property or easements might impact working 
        waterfront needs.
            ``(4) Applicants shall identify the values to be protected 
        by inclusion of land in the Program, management activities that 
        are planned and the manner in which they may affect the values 
        identified, and any other information from landowners 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) An application must be determined to be consistent 
        with a coastal state'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 
        nongovernmental entities expert in land acquisition and 
        conservation procedures.
            ``(9) Eligible coastal states or National Estuarine 
        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 the Congress.
    ``(e) Matching Requirements.--
            ``(1) In general.--The Secretary may not make a grant under 
        the Program unless the grant 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 project carried out with 
                a grant under this section shall be derived from 
                Federal sources, unless such requirement is 
                specifically waived by the Secretary under subparagraph 
                (B).
                    ``(B) Waiver of requirement.--The Secretary may 
                grant a waiver of the limitation in subparagraph (A) 
                for underserved communities, for a community that has 
                an inability to draw on other sources of funding 
                because of the small population or low income of the 
                community, or for such other reasons, consistent with 
                the purposes of this title, as the Secretary considers 
                appropriate.
            ``(3) Other federal funds.--If a grant 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 
        matching requirements under the applicable provision of law.
            ``(4) Source of matching funds.--For purposes of paragraph 
        (2)(A), the non-Federal match for a project may be determined 
        by taking into account the following:
                    ``(A) The value of land or a conservation easement 
                may be used as the non-Federal match if the land or 
                easement are identified in project plans and acquired 
                within 3 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 or 
                easement at the time of project closing will be 
                considered the non-Federal match.
                    ``(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.
    ``(f) 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) enhances the network of protected areas established 
        for long-term research, education, and stewardship under the 
        National Estuarine Research Reserve program; and
            ``(6) provides a model for future regional watershed 
        protection projects.
    ``(g) 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.
    ``(h) 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 the Congress with an account of all 
expenditures under the Program for fiscal year 2007, fiscal year 2008, 
and triennially thereafter.
    ``(i) 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 another 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 title 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.
    ``(j) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary--
            ``(1) $60,000,000 for each of fiscal years 2007 through 
        2011 to carry out this section (other than subsection (f)), to 
        remain available without fiscal year limitation; and
            ``(2) $5,000,000 for fiscal year 2007 to carry out 
        subsection (f), 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.''.
                                 <all>