[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 170 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                 S. 170

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 8, 2009

 Mr. Gregg (for himself, Mr. Lautenberg, Mr. Inouye, Mr. Rockefeller, 
 Ms. Snowe, Ms. Cantwell, Mr. Cardin, and Ms. Collins) introduced the 
 following bill; which was read twice and referred to the Committee on 
                 Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


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

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Coastal and estuarine areas provide important nursery 
        habitat for two-thirds of the United States 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 and 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 United 
        States, including protection of water quality, access to public 
        beachfront, conserving wildlife habitat, and sustaining sport 
        and commercial fisheries.
            (7) Federal, State, and 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 lands 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.--
            (1) Establishment.--The Secretary of Commerce shall 
        establish a Coastal and Estuarine Land Protection Program 
        (hereinafter referred to as the ``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, aesthetic, or watershed protection 
        values, and that are threatened by conversion from their 
        natural, undeveloped, or recreational state to other uses.
            (2) Administration.--The program shall be administered by 
        the National Ocean Service of the National Oceanic and 
        Atmospheric Administration through the head of 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.);
            (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 grants authorized 
under subsection (b) to coastal States or National Estuarine Research 
Reserves through a competitive grant process in accordance with 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, after consultation with 
        nongovernmental and local governmental entities, 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 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 of the State, 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(e)) 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 
        the Secretary shall use to evaluate and report on the program's 
        effectiveness in accomplishing its purposes, and shall submit 
        such evaluations to Congress not less often than once every 3 
        years.
    (d) Matching Requirements.--
            (1) In general.--The Secretary may not make a grant of 
        Federal funds under the program unless such Federal funds are 
        matched by non-Federal funds in accordance with this 
        subsection.
            (2) Maximum federal share.--
                    (A) 75 percent federal funds.--Subject to 
                subparagraph (B), not more than 75 percent of the 
                funding for any project funded with a grant made under 
                the program shall be derived from Federal sources.
                    (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.--If a grant awarded under the 
        program 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 as non-Federal match if the lands are 
                identified in project plans and acquired within 3 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, or, for 
                lands described in (A), within the same time limits 
                described therein. These costs may include either cash 
                or in-kind contributions.
    (e) Reservation of Funds for National Estuarine Research Reserve 
Sites.--No less than 15 percent of funds made available under the 
program shall be available for acquisitions benefitting National 
Estuarine Research Reserves.
    (f) 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 not less often 
than once every 3 years thereafter.
    (g) Title and Management of Acquired Property.--If any property is 
acquired in whole or in part with funds made available through a grant 
under the program, the grant recipient shall provide such assurances as 
the Secretary may require that--
            (1) the title to the property will be held by the grant 
        recipient or another appropriate public agency designated by 
        the recipient in perpetuity;
            (2) 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
            (3) if the property or interest in land is sold, exchanged, 
        or divested, funds equal to the correct value will be returned 
        to the Secretary in accordance with applicable Federal law for 
        re-distribution in the grant process.
    (h) Definitions.--In this section:
            (1) Coastal state.--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)).
            (2) 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 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.
            (3) Interest in property.--The term ``interest in 
        property'' includes a conservation easement.
            (4) Other terms.--Any term used in this section that is 
        defined in section 304 of the Coastal Zone Management Act of 
        1972 (16 U.S.C. 1453) has the meaning given that term in that 
        section.
    (i) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary such sums as may be necessary to carry 
out this Act for fiscal years 2009 through 2013.
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