[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3723 Introduced in House (IH)]







110th CONGRESS
  1st Session
                                H. R. 3723

          To establish the Raritan Bay Stewardship Initiative.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 2, 2007

  Mr. Fossella (for himself and Mr. Hinchey) introduced the following 
bill; which was referred to the Committee on Natural 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 Raritan Bay 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 ``Raritan Bay Stewardship Initiative 
of 2007''.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--The Congress finds the following:
            (1) Raritan Bay, located in New York and New Jersey, is a 
        national treasure of great cultural, environmental, and 
        ecological importance.
            (2) 2,400,000 people live within the Raritan Bay watershed.
            (3) The portion of the shoreline of Raritan Bay that is 
        accessible to the general public (estimated at less than 50 
        percent of the total shoreline) is not adequate to serve the 
        needs of the people living in the area.
            (4) Existing shoreline facilities are in many cases 
        overburdened and under funded.
            (5) 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.
            (6) Approximately 80 percent of the tidal marshes of 
        Raritan Bay have been filled, and much of the remaining marshes 
        have been ditched, dyked, or impounded, reducing the ecological 
        value of the marshes.
            (7) Much of the remaining exemplary natural landscape is 
        vulnerable to further development.
    (b) Purpose.--The purpose of this Act is to establish the Raritan 
Bay Stewardship Initiative to identify, protect, and enhance sites 
within the Raritan Bay 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:
            (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 Raritan Bay Stewardship Advisory Committee 
        established by section 5(a).
            (4) Region.--The term ``Region'' means the Raritan Bay 
        Stewardship Initiative Region established by section 4(a).
            (5) States.--The term ``States'' means the States of New 
        York and New Jersey.
            (6) 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 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 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 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) 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 boarders 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.
            (9) Threat.--The term ``threat'' means a threat that is 
        likely to destroy or seriously degrade a conservation target or 
        a recreation area.

SEC. 4. RARITAN BAY STEWARDSHIP INITIATIVE REGION.

    (a) Establishment.--There is established in the States the Raritan 
Bay Stewardship Initiative Region.
    (b) Boundaries.--The Region shall encompass the immediate coastal 
upland and underwater areas along Raritan Bay, including those portions 
of the Bay with coastally influenced vegetation.

SEC. 5. RARITAN BAY STEWARDSHIP ADVISORY COMMITTEE.

    (a) Establishment.--There is established a committee to be known as 
the ``Raritan Bay Stewardship Advisory Committee''.
    (b) Chairperson.--The Chairperson of the Advisory Committee shall 
be the Director of the Region 2 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.--
            (1) In general.--The Advisory Committee shall meet at the 
        call of the Chairperson, but no fewer than 4 times each year.
            (2) Quorum.--A majority of the members of the Advisory 
        Committee shall constitute a quorum, but a lesser number of 
        members may hold hearings.
    (g) Termination of Advisory Committee.--The Advisory Committee 
shall terminate on December 31, 2014.

SEC. 6. DUTIES OF THE ADVISORY COMMITTEE.

    The Advisory Committee shall--
            (1) consistent with 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) develop recommended 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 after--
                    (A) notifying the owners of the sites; and
                    (B) providing the owners an opportunity 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 THE 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 accept, use, and dispose 
of donations of services or property that advance the goals of the 
Raritan Bay Stewardship Initiative.

SEC. 8. STEWARDSHIP SITES.

    (a) Initial Sites.--
            (1) Identification.--
                    (A) In general.--The Advisory Committee shall 
                identify 20 initial Raritan Bay 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.--Identification of initial Raritan 
                Bay Stewardship Sites described under 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 seek to ensure 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 potential recreation areas 
        as stewardship sites using a selection technique that 
        includes--
                    (A) public access;
                    (B) community support;
                    (C) areas with high population density;
                    (D) connectivity to existing protected areas and 
                open spaces;
                    (E) cultural, historic, and scenic areas; and
                    (F) 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 to 
        recommend to the Administrator--
                    (A) based on measurable conservation targets for 
                the Region; and
                    (B) following a process for prioritizing new sites 
                using systematic site selection, that 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 to recommend 
                to the Administrator, a site that does not meet the 
                criteria in 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 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 2008 through 2015, the 
Advisory Committee shall submit to the Administrator 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 identified and 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 identification of stewardship sites and 
                the award of grants under this Act, 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 current resources of and threats 
                to Raritan Bay;
                    (B) assesses the role of the Raritan Bay 
                Stewardship Initiative in protecting Raritan Bay;
                    (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 pursuant to this Act;
                    (E) accounts for funds received and expended during 
                the previous fiscal year pursuant to this Act;
                    (F) shall be made available to the public on the 
                Internet and in printed 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.

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.--Establishment of the Raritan Bay Stewardship 
Initiative Region under this Act 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 Raritan Bay 
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 of the Region under this 
        Act constitute the only 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 do not provide any authority 
        to regulate 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 2007 through 2014 for 
use by the Administrator pursuant to this Act, after reviewing the 
recommendations of the Advisory Committee submitted under section 9, 
for--
            (1) award of grants for 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.
    (b) Federal Share.--The Federal share of the cost of an activity 
carried out using any grant or other assistance under this Act shall 
not exceed 75 percent of the total cost of the activity.
                                 <all>