[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1215 Reported in Senate (RS)]


                                                       Calendar No. 378
109th CONGRESS
  2d Session
                                S. 1215

                          [Report No. 109-224]

To authorize the acquisition of interests in undeveloped coastal areas 
      in order better to ensure their protection from development.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              June 9, 2005

  Mr. Gregg (for himself, Ms. Mikulski, Mr. Sarbanes, Mr. Biden, Mr. 
 Corzine, Ms. Snowe, Mr. Reed, Ms. Cantwell, Mrs. Murray, Mr. Cochran, 
Mr. Kerry, Mr. Inouye, Mrs. Feinstein, Mr. Lautenberg, Ms. Collins, Mr. 
    Kennedy, Mr. DeWine, Mr. Lieberman, Mr. Chafee, Mr. Warner, Mr. 
    Sessions, Mr. Wyden, Mr. DeMint, and Mrs. Boxer) introduced the 
 following bill; which was read twice and referred to the Committee on 
                 Commerce, Science, and Transportation

                             March 27, 2006

     Reported by Mr. Stevens, with an amendment in the nature of a 
                               substitute
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
To authorize the acquisition of interests in undeveloped coastal areas 
      in order better to ensure their protection from 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>    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 COASTAL AND ESTUARINE LAND PROTECTION 
              PROGRAM.</DELETED>

<DELETED>    (a) In General.--The Secretary of Commerce 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, except coastal States that 
have lost less than 1 percent of their wetlands to development or 
conversion to other land uses by the date of enactment of this Act, 
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 the Coastal Zone Management Act of 1972 (16 
        U.S.C. 1451 et seq.); 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 this Act (if different from the coastal zone 
        management program).</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (3) Each participating State shall evaluate how 
        the acquisition of property or easements might impact working 
        waterfront needs.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (9) Eligible States or National Estuarine Research 
        Reserves may allocate grants to local governments or agencies 
        eligible for assistance under section 306A(e) of the Coastal 
        Zone Management Act of 1972 (16 U.S.C. 1455a) and may acquire 
        lands in cooperation with nongovernmental entities and Federal 
        agencies.</DELETED>
        <DELETED>    (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.</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 
        following:</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (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.</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.--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 2006, fiscal year 2007, 
and triennially 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, 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.</DELETED>
<DELETED>    (i) Definitions.--In this section, the term ``coastal 
State'' has the meaning given that term by section 304(4) of the 
Coastal Zone Management Act of 1972 (16 U.S.C. 1453(4)), and any other 
term used in this section that is defined in section 304 of that Act 
has the meaning given that term in that section.</DELETED>
<DELETED>    (j) Authorization of Appropriations.--There are authorized 
to be appropriated to the Secretary--</DELETED>
        <DELETED>    (1) such sums as may be necessary for each of 
        fiscal years 2006 through 2009 to carry out this section (other 
        than subsection (e)); and</DELETED>
        <DELETED>    (2) $5,000,000 for fiscal year 2006 to carry out 
        subsection (e), such sum to remain available without fiscal 
        year limitation.</DELETED>

<DELETED>SEC. 4. ASSISTANCE FROM OTHER AGENCIES.</DELETED>

<DELETED>    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.''.</DELETED>

SECTION 1. SHORT TITLE.

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

SEC. 2. FINDINGS.

    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 
        watershed 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.
            (9) Conserving coastal and estuarine landscapes can support 
        the traditional economic and natural resource bases of 
        communities in the coastal watershed, including well-managed 
        forests that demonstrate outstanding ecological, recreational, 
        historical, and aesthetic attributes.

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

    (a) In General.--The Secretary of Commerce 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 the Coastal Zone Management Act of 1972 (16 U.S.C. 1451 
        et seq.); 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 implementation of this 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) The governor, or the lead agency designated by the 
        governor for coordinating the implementation of this Act, shall 
        determine that the application is 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 with expertise in land acquisition and 
        conservation procedures.
            (9) Eligible States or National Estuarine Research Reserves 
        may allocate grants to local governments or agencies eligible 
        for assistance under section 306A(e) of the Coastal Zone 
        Management Act of 1972 (16 U.S.C. 1455a) and may acquire lands 
        in cooperation with nongovernmental entities and Federal 
        agencies.
            (10) The Secretary shall develop measures that will ensure 
        that property or interests in property acquired in whole or in 
        part through the use of funds under the program are acquired 
        only from willing sellers.
            (11) The Secretary shall develop performance measures that 
        will allow periodic evaluation and reporting of the program's 
        effectiveness in accomplishing its purposes.
    (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 project under this 
                section shall be derived from Federal sources, unless 
                such requirement is specifically waived by the 
                Secretary.
                    (B) Waiver of requirement.--The Secretary may grant 
                a waiver of the limitation in subparagraph (A) for 
                underserved communities, communities that have an 
                inability to draw on other sources of funding because 
                of the small population or low income of the community, 
                or for other reasons the Secretary deems appropriate.
            (3) Other federal funds.--Where financial assistance 
        awarded under this section represents only a portion of the 
        total cost of a project, funding from other Federal sources may 
        be applied to the cost of the project. Each portion shall be 
        subject to match requirements under the applicable provision of 
        law.
            (4) Source of matching cost share.--For purposes of 
        paragraph (2)(A), the non-Federal cost share for a project may 
        be determined by taking into account the 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. The value of land that is 
                held by a nongovernmental organization may be used for 
                such purpose if it is held in perpetuity by a qualified 
                conservation organization, as determined by the 
                Secretary.
                    (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 cash 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--
            (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 funding from and participation by multiple 
        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 2007 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 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 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) Definitions.--In this section, the term ``coastal State'' has 
the meaning given that term by section 304(4) of the Coastal Zone 
Management Act of 1972 (16 U.S.C. 1453(4)), and any other term used in 
this section that is defined in section 304 of that Act has the meaning 
given that term in that section.
    (j) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary--
            (1) $60,000,000 for each of fiscal years 2007 through 2010 
        to carry out this section (other than subsection (e)); and
            (2) $5,000,000 for fiscal year 2007 to carry out subsection 
        (e), such sum to remain available without fiscal year 
        limitation.
                                                       Calendar No. 378

109th CONGRESS

  2d Session

                                S. 1215

                          [Report No. 109-224]

_______________________________________________________________________

                                 A BILL

To authorize the acquisition of interests in undeveloped coastal areas 
      in order better to ensure their protection from development.

_______________________________________________________________________

                             March 27, 2006

        Reported with an amendment in the nature of a substitute