[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.
                                 <all>