1.This Act may be cited as the
Long Island Sound Stewardship Act of
2005
.
2.
(a)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)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.
3.In this Act:
(1)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)The
term Administrator means the Administrator of the Environmental
Protection Agency.
(3)The
term Committee means the Long Island Sound Stewardship Advisory
Committee established by section 5(a).
(4)The
term Region means the Long Island Sound Stewardship Initiative
Region established by section 4(a).
(5)The
term States means the States of Connecticut and New York.
(6)The term stewardship site means a site
that—
(A)qualifies for
identification by the Committee under section 8; and
(B)is an area of
land or water or a combination of land and water—
(i)that is in the
Region; and
(ii)that is—
(I)Federal, State,
local, or tribal land or water;
(II)land or water
owned by a nonprofit organization; or
(III)privately owned
land or water.
(7)Systematic site
selectionThe 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 reserve
size, 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.
(8)The
term threat means a threat that is likely to destroy or seriously
degrade a conservation target or a recreation area.
4.Long Island
Sound Stewardship Initiative Region
(a)There
is established in the States the Long Island Sound Stewardship Initiative
Region.
(b)The
Region shall encompass the immediate coastal upland and underwater areas along
Long Island Sound, including—
(1)those portions of
the Sound with coastally influenced vegetation, as described on the map
entitled the Long Island Sound Stewardship Region
and dated
April 21, 2004; and
(2)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.
5.Long Island
Sound Stewardship Advisory Committee
(a)There
is established a committee to be known as the Long Island Sound
Stewardship Advisory Committee
.
(b)The
Chairperson of the Committee shall be the Director of the Long Island Sound
Office of the Environmental Protection Agency, or a designee of the
Director.
(c)
(1)
(A)
(i)The Chairperson shall appoint the members of the
Committee in accordance with this subsection and section 320(c) of the
Federal Water Pollution Control Act
(33 U.S.C. 1330(c)).
(ii)In addition to the requirements described in clause (i),
the 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)In
appointing members to the Committee, the Chairperson shall consider—
(i)Federal, State,
and local government interests;
(ii)the interests of
nongovernmental organizations;
(iii)academic
interests; and
(iv)private
interests.
(2)Not later than 180 days after the date of enactment
of this Act, the appointment of all members of the Committee shall be
made.
(d)
(1)
(A)A member shall be appointed for a term of 4 years.
(B)A person may be appointed as a member of the Committee for
more than 1 term.
(2)A
vacancy on the Committee shall—
(A)be filled not
later than 90 days after the vacancy occurs;
(B)not affect the
powers of the Committee; and
(C)be filled in the
same manner as the original appointment was made.
(3)
(A)The Chairperson of the Committee may appoint and
terminate personnel as necessary to enable the Committee to perform the duties
of the Committee.
(B)Personnel as
Federal employees
(i)Any personnel of the Committee who are employees of the
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)Clause (i) does not apply to members of the
Committee.
(e)Not later than 30 days after the date on which all
members of the Committee have been appointed, the Committee shall hold the
initial meeting of the Committee.
(f)The
Committee shall meet at the call of the Chairperson, but no fewer than 4 times
each year.
(g)A
majority of the members of the Committee shall constitute a quorum, but a
lesser number of members may hold hearings.
6.The Committee
shall—
(1)consistent with
the guidelines described in section 8—
(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)recommend
guidelines, criteria, schedules, and due dates for evaluating information to
identify stewardship sites;
(3)publish a list of
sites that further the purposes of this Act, provided that owners of sites
shall be—
(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.
7.
(a)The
Committee may hold such hearings, meet and act at such times and places, take
such testimony, and receive such evidence as the Committee considers advisable
to carry out this Act.
(b)Information
from Federal agencies
(1)The Committee may secure directly from a Federal agency
such information as the Committee considers necessary to carry out this
Act.
(2)
(A)Subject to subparagraph (C), on request of the
Chairperson of the Committee, the head of a Federal agency shall provide the
information requested by the Chairperson to the Committee.
(B)The
furnishing of information by a Federal agency to the 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)For purposes of section 1905 of title 18, United States
Code—
(I)the 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 Committee under this Act shall be considered an employee of
the Committee.
(ii)Prohibition on
disclosureInformation obtained by the 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 Committee as described in
clause (i) for the purpose of receiving, reviewing, or processing the
information.
(c)The Committee may use the United States mails in the
same manner and under the same conditions as other agencies of the Federal
Government.
(d)The
Committee may accept, use, and dispose of donations of services or property
that advance the goals of the Long Island Sound Stewardship Initiative.
8.
(a)
(1)
(A)The Committee shall identify 20 initial Long Island Sound
stewardship sites that the 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)Sites
described in subparagraph (A) are not subject to the site identification
process described in subsection (d).
(2)Equitable
distribution of funds for initial sitesIn identifying initial
sites under paragraph (1), the 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 siteSubsequent to the
identification of the initial stewardship sites under subsection (a), owners of
sites may submit applications to the Committee in accordance with subsection
(c) to have the sites identified as stewardship sites.
(c)The
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 areasThe 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 Committee.
(2)Natural areas
with ecological valueThe 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 Committee.
(3)After completion of the site identification process, the
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)
(A)The 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 Committee—
(i)selects a site
that makes significant ecological or recreational contributions to the
Region;
(ii)publishes the
reasons that the 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 to decline
inclusion of the site on the list published under paragraph (3)(A), described
in paragraph (3)(B).
(5)In identifying potential stewardship sites, the Committee
shall consider public comments.
(e)General
guidelines for management
(1)The 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 frameworkThe Committee shall apply the
adaptive management framework to the process for updating the list of
recommended stewardship sites.
9.
(a)For each of fiscal years 2006 through 2013, the Committee
shall submit to the Administrator an annual report that contains—
(1)a detailed
statement of the findings and conclusions of the Committee since the last
report;
(2)a description of
all sites recommended by the Committee to be approved as stewardship
sites;
(3)the
recommendations of the Committee for such legislation and administrative
actions as the Committee considers appropriate; and
(4)in accordance
with subsection (b), the recommendations of the Committee for the awarding of
grants.
(b)General
guidelines for recommendations
(1)The 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 fundsThe Committee shall exert due diligence to
recommend an equitable distribution of funds between the States.
(c)Action by the
Administrator
(1)Not later than 90 days after receiving a report under
subsection (a), the Administrator shall—
(A)review the
recommendations of the Committee; and
(B)take actions
consistent with the recommendations of the 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)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
current resources of and threats to Long Island Sound;
(B)assesses the role
of the Long Island Sound Stewardship Initiative in protecting Long Island
Sound;
(C)establishes
guidelines, criteria, schedules, and due dates for evaluating information to
identify stewardship sites;
(D)includes
information about any grants that are available for the purchase of land or
property rights to protect stewardship sites;
(E)accounts for
funds received and expended during the previous fiscal year;
(F)shall be made
available to the public on the Internet and in hardcopy form; and
(G)shall be updated
at least every other year, except that information on funding and any new
stewardship sites identified shall be published more frequently.
10.Private
property protection
(a)Access to
private propertyNothing 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)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 useNothing 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
RegionNothing 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)
(1)The boundaries approved for the Region represent the area
within which Federal funds appropriated for the purpose of this Act may be
expended.
(2)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).
11.Authorization
of appropriations
(a)There is authorized to be appropriated to carry out this
Act $25,000,000 for each of fiscal years 2006 through 2013.
(b)For each fiscal year, funds made available under subsection
(a) shall be used by the Administrator, after reviewing the recommendations of
the 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 Committee.
(c)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.
12.Long Island
Sound authorization of appropriationsSection 119(f) of the
Federal Water Pollution Control Act
(33 U.S.C. 1269(f)) is amended by striking 2005
each place it
appears and inserting 2009
.
13.The Committee shall
terminate on December 31, 2013.
December 8, 2005
Reported without amendment