[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5160 Introduced in House (IH)]
109th CONGRESS
2d Session
H. R. 5160
To establish the Long Island Sound Stewardship Initiative.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 6, 2006
Mr. Simmons (for himself, Mr. Israel, Mr. Shays, Mrs. Johnson of
Connecticut, Mrs. McCarthy, Mr. Hinchey, Mr. King of New York, Mr.
Crowley, Mr. Bishop of New York, Mr. Nadler, Mr. Fossella, Mr. Serrano,
Mr. Meeks of New York, Mr. Ackerman, Mr. Walsh, Mrs. Maloney, Ms.
DeLauro, Mr. Boehlert, Mr. Weiner, Mr. Owens, Mr. Higgins, Mrs. Lowey,
Mr. Rangel, Mr. Engel, Mr. Gilchrest, and Mrs. Kelly) introduced the
following bill; which was referred to the Committee on Resources, and
in addition to the Committee on Transportation and Infrastructure, for
a period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
_______________________________________________________________________
A BILL
To establish the Long Island Sound Stewardship Initiative.
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 ``Long Island Sound Stewardship Act of
2006''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds that--
(1) Long Island Sound is a national treasure of great
cultural, environmental, and ecological importance;
(2) 8,000,000 people live within the Long Island Sound
watershed and 28,000,000 people (approximately 10 percent of
the population of the United States) live within 50 miles of
Long Island Sound;
(3) activities that depend on the environmental health of
Long Island Sound contribute more than $5,000,000,000 each year
to the regional economy;
(4) the portion of the shoreline of Long Island Sound that
is accessible to the general public (estimated at less than 20
percent of the total shoreline) is not adequate to serve the
needs of the people living in the area;
(5) existing shoreline facilities are in many cases
overburdened and underfunded;
(6) large parcels of open space already in public ownership
are strained by the effort to balance the demand for recreation
with the needs of sensitive natural resources;
(7) approximately \1/3\ of the tidal marshes of Long Island
Sound have been filled, and much of the remaining marshes have
been ditched, dyked, or impounded, reducing the ecological
value of the marshes; and
(8) much of the remaining exemplary natural landscape is
vulnerable to further development.
(b) Purpose.--The purpose of this Act is to establish the Long
Island Sound Stewardship Initiative to identify, protect, and enhance
sites within the Long Island Sound ecosystem with significant
ecological, educational, open space, public access, or recreational
value through a bi-State network of sites best exemplifying these
values.
SEC. 3. DEFINITIONS.
In this Act, the following definitions apply:
(1) Adaptive management.--The term ``adaptive management''
means a scientific process--
(A) for--
(i) developing predictive models;
(ii) making management policy decisions
based upon the model outputs;
(iii) revising the management policies as
data become available with which to evaluate
the policies; and
(iv) acknowledging uncertainty, complexity,
and variance in the spatial and temporal
aspects of natural systems; and
(B) that requires that management be viewed as
experimental.
(2) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(3) Advisory committee.--The term ``Advisory Committee''
means the Long Island Sound Stewardship Advisory Committee
established by section 5(a).
(4) Policy committee.-- The term ``policy committee'' means
the decisionmaking body of the Long Island Sound Study
Management Conference established under section 320 of the
Federal Water Pollution Control Act (33 U.S.C. 1330).
(5) Region.--The term ``Region'' means the Long Island
Sound Stewardship Initiative Region established by section
4(a).
(6) State.--The term ``State'' means the States of
Connecticut and New York.
(7) Stewardship.--The term `stewardship' means land
acquisition, land conservation agreements, site planning, plan
implementation, land and habitat management, public access
improvements, site monitoring, and other activities designed to
enhance and preserve natural resource-based recreation and
ecological function.
(8) Stewardship site.--The term ``stewardship site'' means
a site that--
(A) qualifies for identification by the Advisory
Committee under section 8; and
(B) is an area of land--
(i) that is in the Region; and
(ii) that is--
(I) Federal, State, local, or
tribal land;
(II) land owned by a nonprofit
organization; or
(III) privately owned land.
(9) Systematic site selection.--The term ``systematic site
selection'' means a process of selecting stewardship sites
that--
(A) has explicit goals, methods, and criteria;
(B) produces feasible, repeatable, and defensible
results;
(C) provides for consideration of natural,
physical, and biological patterns;
(D) addresses replication, connectivity, species
viability, location, and public recreation values;
(E) uses geographic information systems technology
and algorithms to integrate selection criteria; and
(F) will result in achieving the goals of
stewardship site selection at the lowest cost.
(10) Qualified applicants.--The term `qualified applicant'
means a person or governmental entity applying for designation
of a site as a stewardship site. The person or entity must own
property within the borders of the proposed stewardship site or
own property that is both physically or ecologically connected
to the proposed site and would benefit from management as part
of the proposed site.
(11) Threat.--The term ``threat'' means a threat that is
likely to destroy or seriously degrade a conservation target or
a recreation area.
SEC. 4. LONG ISLAND SOUND STEWARDSHIP INITIATIVE REGION.
(a) Establishment.--There is established in the States the Long
Island Sound Stewardship Initiative Region.
(b) Boundaries.--The Region shall encompass the immediate coastal
upland areas along Long Island Sound between mean high water and the
inland boundary, as described on the map entitled the ``Long Island
Sound Stewardship Region'' and dated April 21, 2004, and the Peconic
Estuary as described on the map entitled ``Peconic Estuary Program
Study Area Boundaries'' included in the Comprehensive Conservation and
Management Plan for the Peconic Estuary Program and dated November 15,
2001.
SEC. 5. LONG ISLAND SOUND STEWARDSHIP ADVISORY COMMITTEE.
(a) Establishment.--There is established a committee to be known as
the ``Long Island Sound Stewardship Advisory Committee''.
(b) Chairperson.--The Chairperson of the Advisory Committee shall
be the Director of the Long Island Sound Office of the Environmental
Protection Agency, or a designee of the Director.
(c) Membership.--
(1) Composition.--
(A) Appointment of members.--
(i) In general.--The Chairperson shall
appoint the members of the Advisory Committee
in accordance with this subsection and section
320(c) of the Federal Water Pollution Control
Act (33 U.S.C. 1330(c)); except that the
Governor of a State may appoint 2 members of
the Advisory Committee.
(ii) Additional members.--In addition to
the requirements described in clause (i), the
Advisory Committee shall include--
(I) a representative from the
Regional Plan Association;
(II) a representative of the marine
trade organizations; and
(III) a representative of private
landowner interests.
(B) Representation.--In appointing members to the
Advisory Committee, the Chairperson shall consider--
(i) Federal, State, and local government
interests;
(ii) the interests of nongovernmental
organizations;
(iii) academic interests;
(iv) private interests; and
(v) recreational and commercial fishing
interests.
(2) Date of appointments.--Not later than 180 days after
the date of enactment of this Act, the appointment of all
members of the Advisory Committee shall be made.
(d) Term; Vacancies.--
(1) Term.--
(A) In general.--A member shall be appointed for a
term of 4 years.
(B) Multiple terms.--A person may be appointed as a
member of the Advisory Committee for more than 1 term.
(2) Vacancies.--A vacancy on the Advisory Committee shall--
(A) be filled not later than 90 days after the
vacancy occurs;
(B) not affect the powers of the Advisory
Committee; and
(C) be filled in the same manner as the original
appointment was made.
(3) Staff.--
(A) In general.--The Chairperson of the Advisory
Committee may appoint and terminate personnel as
necessary to enable the Advisory Committee to perform
the duties of the Advisory Committee.
(B) Personnel as federal employees.--
(i) In general.--Any personnel of the
Advisory Committee who are employees of the
Advisory Committee shall be employees under
section 2105 of title 5, United States Code,
for purposes of chapters 63, 81, 83, 84, 85,
87, 89, and 90 of that title.
(ii) Members of advisory committee.--Clause
(i) does not apply to members of the Advisory
Committee.
(e) Initial Meeting.--Not later than 30 days after the date on
which all members of the Advisory Committee have been appointed, the
Advisory Committee shall hold the initial meeting of the Advisory
Committee.
(f) Meetings.--The Advisory Committee shall meet at the call of the
Chairperson, but no fewer than 4 times each year.
(g) Quorum.--A majority of the members of the Advisory Committee
shall constitute a quorum, but a lesser number of members may hold
hearings.
SEC. 6. DUTIES OF ADVISORY COMMITTEE.
The Advisory Committee shall--
(1) consistent with the guidelines described in section 8
of this Act--
(A) evaluate applications from government or
nonprofit organizations qualified to hold conservation
easements for funds to purchase land or development
rights for stewardship sites;
(B) evaluate applications to develop and implement
management plans to address threats;
(C) evaluate applications to act on opportunities
to protect and enhance stewardship sites; and
(D) recommend that the Administrator award grants
to qualified applicants;
(2) develop recommended guidelines, criteria, schedules,
and due dates for evaluating information to identify
stewardship sites that fulfill terms of a multi-year management
plan;
(3) publish a list of sites that further the purposes of
this Act if owners of sites are--
(A) notified prior to the publication of the list;
and
(B) allowed to decline inclusion on the list;
(4) raise awareness of the values of and threats to these
sites; and
(5) leverage additional resources for improved stewardship
of the Region.
SEC. 7. POWERS OF ADVISORY COMMITTEE.
(a) Hearings.--The Advisory Committee may hold such hearings, meet
and act at such times and places, take such testimony, and receive such
evidence as the Advisory Committee considers advisable to carry out
this Act.
(b) Information From Federal Agencies.--
(1) In general.--The Advisory Committee may secure directly
from a Federal agency such information as the Advisory
Committee considers necessary to carry out this Act.
(2) Provision of information.--
(A) In general.--Subject to subparagraph (C), on
request of the Chairperson of the Advisory Committee,
the head of a Federal agency shall provide the
information requested by the Chairperson to the
Advisory Committee.
(B) Administration.--The furnishing of information
by a Federal agency to the Advisory Committee shall not
be considered a waiver of any exemption available to
the agency under section 552 of title 5, United States
Code.
(C) Information to be kept confidential.--
(i) In general.--For purposes of section
1905 of title 18, United States Code--
(I) the Advisory Committee shall be
considered an agency of the Federal
Government; and
(II) any individual employed by an
individual, entity, or organization
that is a party to a contract with the
Advisory Committee under this Act shall
be considered an employee of the
Advisory Committee.
(ii) Prohibition on disclosure.--
Information obtained by the Advisory Committee,
other than information that is available to the
public, shall not be disclosed to any person in
any manner except to an employee of the
Advisory Committee as described in clause (i)
for the purpose of receiving, reviewing, or
processing the information.
(c) Postal Services.--The Advisory Committee may use the United
States mails in the same manner and under the same conditions as other
agencies of the Federal Government.
(d) Donations.--The Advisory Committee may (1) accept, use, and
dispose of donations from willing landowners of property, or (2) help
facilitate the transfer or donations from willing landowners of
property to a recipient eligible accept to real property and
conservation easements as a charitable contribution under section 170
of the Internal Revenue Code of 1986, if such donations advance the
goals of the Long Island Sound Stewardship Initiative.
SEC. 8. STEWARDSHIP SITES.
(a) Initial Sites.--
(1) Identification.--
(A) In general.--The Advisory Committee shall
identify 20 initial Long Island Sound stewardship sites
that the Advisory Committee has determined--
(i)(I) are natural resource-based
recreation areas; or
(II) are exemplary natural areas with
ecological value; and
(ii) best promote the purposes of this Act.
(B) Exemption.--Sites described in subparagraph (A)
are not subject to the site identification process
described in subsection (d).
(2) Equitable distribution of funds for initial sites.--In
identifying initial sites under paragraph (1), the Advisory
Committee shall exert due diligence to recommend an equitable
distribution of funds between the States for the initial sites.
(b) Application for Identification as a Stewardship Site.--
Subsequent to the identification of the initial stewardship sites under
subsection (a), owners of sites may submit applications to the Advisory
Committee in accordance with subsection (c) to have the sites
identified as stewardship sites.
(c) Identification.--The Advisory Committee shall review
applications submitted by owners of potential stewardship sites to
determine whether the sites should be identified as exhibiting values
consistent with the purposes of this Act.
(d) Site Identification Process.--
(1) Natural resource-based recreation areas.--The Advisory
Committee shall identify additional recreation areas with
potential as stewardship sites using a selection technique that
includes--
(A) public access;
(B) community support;
(C) areas with high population density;
(D) environmental justice (as defined in section
385.3 of title 33, Code of Federal Regulations (or
successor regulations));
(E) connectivity to existing protected areas and
open spaces;
(F) cultural, historic, and scenic areas; and
(G) other criteria developed by the Advisory
Committee.
(2) Natural areas with ecological value.--The Advisory
Committee shall identify additional natural areas with
ecological value and potential as stewardship sites--
(A) based on measurable conservation targets for
the Region; and
(B) following a process for prioritizing new sites
using systematic site selection, which shall include--
(i) ecological uniqueness;
(ii) species viability;
(iii) habitat heterogeneity;
(iv) size;
(v) quality;
(vi) connectivity to existing protected
areas and open spaces;
(vii) land cover;
(viii) scientific, research, or educational
value;
(ix) threats; and
(x) other criteria developed by the
Advisory Committee.
(3) Publication of list.--After completion of the site
identification process, the Advisory Committee shall--
(A) publish in the Federal Register a list of sites
that further the purposes of this Act; and
(B) prior to publication of the list, provide to
owners of the sites to be published--
(i) a notification of publication; and
(ii) an opportunity to decline inclusion of
the site of the owner on the list.
(4) Deviation from process.--
(A) In general.--The Advisory Committee may
identify as a potential stewardship site, a site that
does not meet the criteria in paragraph (1) or (2), or
reject a site selected under paragraph (1) or (2), if
the Advisory Committee--
(i) selects a site that makes significant
ecological or recreational contributions to the
Region;
(ii) publishes the reasons that the
Advisory Committee decided to deviate from the
systematic site selection process; and
(iii) before identifying or rejecting the
potential stewardship site, provides to the
owners of the site the notification of
publication, and the opportunity under
paragraph (3)(B) to decline inclusion of the
site on the list published under paragraph
(3)(A).
(5) Public comment.--In identifying potential stewardship
sites, the Advisory Committee shall consider public comments.
(e) General Guidelines for Management.--
(1) In general.--The Advisory Committee shall use an
adaptive management framework to identify the best policy
initiatives and actions through--
(A) definition of strategic goals;
(B) definition of policy options for methods to
achieve strategic goals;
(C) establishment of measures of success;
(D) identification of uncertainties;
(E) development of informative models of policy
implementation;
(F) separation of the landscape into geographic
units;
(G) monitoring key responses at different spatial
and temporal scales; and
(H) evaluation of outcomes and incorporation into
management strategies.
(2) Application of adaptive management framework.--The
Advisory Committee shall apply the adaptive management
framework to the process for updating the list of recommended
stewardship sites.
SEC. 9. REPORTS.
(a) In General.--For each of fiscal years 2007 through 2014, the
Advisory Committee shall submit to the Administrator and the policy
committee an annual report that contains--
(1) a detailed statement of the findings and conclusions of
the Advisory Committee since the last report;
(2) a description of all sites recommended by the Advisory
Committee to be approved as stewardship sites;
(3) the recommendations of the Advisory Committee for such
legislation and administrative actions as the Advisory
Committee considers appropriate; and
(4) in accordance with subsection (b), the recommendations
of the Advisory Committee for the awarding of grants.
(b) General Guidelines for Recommendations.--
(1) In general.--The Advisory Committee shall recommend
that the Administrator award grants to qualified applicants to
help to secure and improve the open space, public access, or
ecological values of stewardship sites, through--
(A) purchase of the property of the site;
(B) purchase of relevant property rights of the
site; or
(C) entering into any other binding legal
arrangement that ensures that the values of the site
are sustained, including entering into an arrangement
with a land manager or owner to develop or implement an
approved management plan that is necessary for the
conservation of natural resources.
(2) Equitable distribution of funds.--The Advisory
Committee shall exert due diligence to recommend an equitable
distribution of funds between the States.
(c) Action by the Administrator.--
(1) In general.--Not later than 90 days after receiving a
report under subsection (a), the Administrator shall--
(A) review the recommendations of the Advisory
Committee; and
(B) take actions consistent with the
recommendations of the Advisory Committee, including
the approval of identified stewardship sites and the
award of grants, unless the Administrator makes a
finding that any recommendation is unwarranted by the
facts.
(2) Report.--Not later than 1 year after the date of
enactment of this Act, the Administrator shall develop and
publish a report that--
(A) assesses the role of the Long Island Sound
Initiative in protecting the Long Island Sound;
(B) establishes guidelines, criteria, schedules,
and due dates for evaluating information to identify
stewardship sites;
(C) includes information about any grants that are
available for the purchase of land or property rights
to protect stewardship sites;
(D) accounts for funds received and expended during
the previous fiscal year;
(E) shall be made available to the public on the
Internet and in hardcopy form; and
(F) shall be updated at least every other year,
except that information on funding and any new
stewardship sites identified shall be published more
frequently.
SEC. 10. PRIVATE PROPERTY PROTECTION.
(a) Access to Private Property.--Nothing in this Act--
(1) requires any private property owner to allow public
access (including Federal, State, or local government access)
to the private property; or
(2) modifies any provision of Federal, State, or local law
with regard to public access to or use of private property,
except as entered into by voluntary agreement of the owner or
custodian of the property.
(b) Liability.--Approval of the Long Island Sound Stewardship
Initiative Region does not create any liability, or have any effect on
any liability under any other law, of any private property owner with
respect to any person injured on the private property.
(c) Recognition of Authority to Control Land Use.--Nothing in this
Act modifies the authority of Federal, State, or local governments to
regulate land use.
(d) Participation of Private Property Owners in the Long Island
Sound Stewardship Initiative Region.--Nothing in this Act requires the
owner of any private property located within the boundaries of the
Region to participate in or be associated with the Initiative.
(e) Effect of Establishment.--
(1) In general.--The boundaries approved for the Region
represent the area within which Federal funds appropriated for
the purpose of this Act may be expended.
(2) Regulatory authority.--The establishment of the Region
and the boundaries of the Region does not provide any
regulatory authority not in existence on the date of enactment
of this Act on land use in the Region by any management entity,
except for such property rights as may be purchased from or
donated by the owner of the property (including the Federal
Government or a State or local government, if applicable).
SEC. 11. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated to carry
out this Act $25,000,000 for each of fiscal years 2006 through 2013.
(b) Use of Funds.--For each fiscal year, funds made available under
subsection (a) shall be used by the Administrator, after reviewing the
recommendations of the Advisory Committee submitted under section 9,
for--
(1) acquisition of land and interests in land;
(2) development and implementation of site management
plans;
(3) site enhancements to reduce threats or promote
stewardship; and
(4) administrative expenses of the Advisory Committee.
(c) Federal Share.--The Federal share of the cost of an activity
carried out using any assistance or grant under this Act shall not
exceed 75 percent of the total cost of the activity.
SEC. 12. TERMINATION OF ADVISORY COMMITTEE.
The Advisory Committee shall terminate on December 31, 2014.
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