[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 368 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 368

To authorize the acquisition of land and interests in land from willing 
 sellers to improve the conservation of, and to enhance the ecological 
 values and functions of, coastal and estuarine areas to benefit both 
the environment and the economies of coastal communities, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 9, 2009

  Mrs. Capps (for herself, Mr. Farr, and Ms. Bordallo) introduced the 
    following bill; which was referred to the Committee on Natural 
                               Resources

_______________________________________________________________________

                                 A BILL


 
To authorize the acquisition of land and interests in land from willing 
 sellers to improve the conservation of, and to enhance the ecological 
 values and functions of, coastal and estuarine areas to benefit both 
the environment and the economies of coastal communities, and for other 
                               purposes.

    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 ``Coastal and Estuarine Land 
Conservation Program Act''.

SEC. 2. AUTHORIZATION OF COASTAL AND ESTUARINE LAND CONSERVATION 
              PROGRAM.

    The Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.) is 
amended by inserting after section 307 the following new section:

 ``authorization of the coastal and estuarine land conservation program

    ``Sec. 307A.  (a) In General.--The Secretary may conduct a Coastal 
and Estuarine Land Conservation Program, in cooperation with 
appropriate State, regional, and other units of government, for the 
purposes of protecting important coastal and estuarine areas that have 
significant conservation, recreation, ecological, historical, or 
aesthetic values, or that are threatened by conversion from their 
natural, undeveloped, or recreational state to other uses or could be 
managed or restored to effectively conserve, enhance, or restore 
ecological function. 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 this title;
            ``(2) a National Estuarine Research Reserve management 
        plan;
            ``(3) a regional or State watershed protection or 
        management plan involving coastal states with approved coastal 
        zone management programs; or
            ``(4) a State coastal land acquisition plan that is 
        consistent with an approved coastal zone management program.
    ``(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 coastal 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 
        section (if different from the coastal zone management 
        program).
            ``(2) Each participating coastal state, after consultation 
        with local governmental entities and other interested 
        stakeholders, shall identify priority conservation needs within 
        the State, the values to be protected by inclusion of lands in 
        the program, and the threats to those values that should be 
        avoided.
            ``(3) Each participating coastal state shall to the extent 
        practicable ensure that the acquisition of property or 
        easements shall complement 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 section, 
        where appropriate in consultation with the appropriate local 
        government, 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)(A) Priority shall be given to lands described in 
        subsection (a) that can be effectively managed and protected 
        and that have significant ecological value.
            ``(B) Of the projects that meet the standard in 
        subparagraph (A), priority shall be given to lands that--
                    ``(i) are under an imminent threat of conversion to 
                a use that will degrade or otherwise diminish their 
                natural, undeveloped, or recreational state; and
                    ``(ii) serve to mitigate the adverse impacts caused 
                by coastal population growth in the coastal 
                environment.
            ``(8) In developing guidelines under this section, the 
        Secretary shall consult with coastal states, other Federal 
        agencies, and other interested stakeholders with expertise in 
        land acquisition and conservation procedures.
            ``(9) Eligible coastal states or National Estuarine 
        Research Reserves may allocate grants to local governments or 
        agencies eligible for assistance under section 306A(e).
            ``(10) The Secretary shall develop performance measures 
        that the Secretary shall use to evaluate and report on the 
        program's effectiveness in accomplishing its purposes, and 
        shall submit such evaluations to Congress triennially.
    ``(d) Limitations and Private Property Protections.--
            ``(1) A grant awarded under this section may be used to 
        purchase land or an interest in land, including an easement, 
        only from a willing seller. Any such purchase shall not be the 
        result of a forced taking under this section. Nothing in this 
        section requires a private property owner to participate in the 
        program under this section.
            ``(2) Any interest in land, including any easement, 
        acquired with a grant under this section shall not be 
        considered to create any new liability, or have any effect on 
        liability under any other law, of any private property owner 
        with respect to any person injured on the private property.
            ``(3) Nothing in this section requires a private property 
        owner to provide access (including Federal, State, or local 
        government access) to or use of private property unless such 
        property or an interest in such property (including a 
        conservation easement) has been purchased with funds made 
        available under this section.
    ``(e) Recognition of Authority To Control Land Use.--Nothing in 
this title modifies the authority of Federal, State, or local 
governments to regulate land use.
    ``(f) 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) Cost share requirement.--
                    ``(A) In general.--Grant funds under the program 
                shall require a 100 percent match from other non-
                Federal sources.
                    ``(B) Waiver of requirement.--The Secretary may 
                grant a waiver of 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 and consistent 
                with the purposes of the program.
            ``(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) The value of land or a conservation easement 
                may be used by a project applicant as non-Federal 
                match, if the Secretary determines that--
                            ``(i) the land meets the criteria set forth 
                        in section 2(b) and is acquired in the period 
                        beginning 3 years before the date of the 
                        submission of the grant application and ending 
                        3 years after the date of the award of the 
                        grant;
                            ``(ii) the value of the land or easement is 
                        held by a non-governmental organization 
                        included in the grant application in perpetuity 
                        for conservation purposes of the program; and
                            ``(iii) the land or easement is connected 
                        either physically or through a conservation 
                        planning process to the land or easement that 
                        would be acquired.
                    ``(B) The appraised value of the land or 
                conservation easement at the time of the grant closing 
                will be considered and applied as the non-Federal cost 
                share.
                    ``(C) 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, or, for 
                lands described in (A), within the same time limits 
                described therein. These costs may include either cash 
                or in-kind contributions.
    ``(g) 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 benefitting National 
Estuarine Research Reserves.
    ``(h) 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 2009 and triennially 
thereafter.
    ``(i) Title and Management of Acquired Property.--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--
            ``(1) 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 current 
                value will be returned to the Secretary in accordance 
                with applicable Federal law for redistribution in the 
                grant process; and
            ``(2) certification that the property (including any 
        interest in land) will be acquired from a willing seller.
    ``(j) Requirement for Property Used for Non-Federal Match.--If the 
grant recipient elects to use any land or interest in land held by a 
non-governmental organization as a non-Federal match under subsection 
(g), the grant recipient must to the Secretary's satisfaction 
demonstrate in the grant application that such land or interest will 
satisfy the same requirements as the lands or interests in lands 
acquired under the program.
    ``(k) Definitions.--In this section:
            ``(1) Conservation easement.--The term `conservation 
        easement' includes an easement or restriction, recorded deed, 
        or a reserve interest deed where the grantee acquires all 
        rights, title, and interest in a property, that do not conflict 
        with the goals of this section 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.
            ``(2) Interest in property.--The term `interest in 
        property' includes a conservation easement.
    ``(l) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary to carry out this section $60,000,000 for 
each of fiscal years 2009 through 2013.''.
                                 <all>