[Congressional Record Volume 143, Number 153 (Wednesday, November 5, 1997)]
[Senate]
[Pages S11765-S11766]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mrs. BOXER (for herself and Mrs. Feinstein):
  S. 1372. A bill to provide for the protection of farmland at the 
Point Reyes National Seashore, and for other purposes; to the Committee 
on Energy and Natural Resources.


   THE POINT REYES NATIONAL SEASHORE FARMLAND PROTECTION ACT OF 1997

  Mrs. BOXER. As with many of our national parks, monuments, and other 
protected treasures, the character and beauty of the Point Reyes 
National Seashore are threatened--not by development or environmental 
degradation within the national seashore--but by proposed development 
outside the boundary line over which the Park Service has no control.
  The Point Reyes National Seashore Farmland Protection Act of 1997, 
which I am introducing today, is an innovative proposal which will 
ensure that the ecological integrity of the Point Reyes National 
Seashore is protected for future generations, while also preserving the 
property rights and historic agricultural use of the farmland in the 
area.
  The legislation establishes a Farmland Protection Area adjacent to 
the Point Reyes National Seashore within which willing farmers and 
ranchers will have the opportunity to sell conservation easements for 
their land. The Farmland Protection Area includes 38,000 acres of the 
eastern shore of Tomales Bay visible from within Point Reyes. Property 
owners within that area will be available, but not required, to sell 
conservation easements to their land.
  Conservation easements are legal agreements between a land-owner and 
a land trust, non-profit, conservation organization. The conservation 
easements restrict development on the land which is incompatible with 
the agricultural uses of the land. The easements would not expand 
public access, pesticide regulations, or hunting rights. Furthermore, 
the easements will remain with the land in perpetuity providing 
security for ranchers as well as continued protection for the national 
seashore.
  The easements will allow existing agricultural activities to continue 
and will preserve the pastoral nature of the land adjacent to Point 
Reyes National Seashore and the Golden Gate National Recreation Areas 
by guaranteeing no new development.
  This bill will not allow the Secretary to acquire land without the 
consent of the owner.
  I believe this legislation will become a model for land conservation 
across the Nation as Governments lack the funds to purchase fee title 
to protect valuable properties from development. This approach may be 
used to address similar problems at other parks, wildlife refuges, and 
marine sanctuaries by preserving compatible land use areas that protect 
view sheds and prevent environmental damage.
  This legislation will allow the National Park Service, working with 
the Marin Agricultural Land Trust [MALT], the Sonoma Land Trust [SLT], 
and the Sonoma County Agricultural Preservation and Open Space District 
[SCAPOSD] to protect this beautiful area at a fraction of the cost of 
acquiring title to the properties within the new boundaries. In 
addition, those properties would be maintained on Marin County's tax 
rolls.
  Without this legislation, almost 40,000 acres of scenic ranch land 
will be vulnerable to development. This bill has the strong support of 
the local farmers and ranchers within the area to be protected, local 
environmental groups including the Marin Conservation League, effected 
local governments and the local chamber of commerce.
  I commend Congresswoman Lynn Woolsey for her hard work and dedication 
to the House companion legislation. She has been working closely with 
interested parties in an effort to find this innovative approach to 
conservation which benefits ranchers, environmentalists, the county, 
and the Park Service alike.
  Last week, the House Resources Committee National Parks and Public 
Lands Subcommittee held a hearing on this legislation. In that hearing, 
concerns were raised over the Department of Interior's involvement in 
the conservation easements and the creation of a boundary around 
private agricultural lands.
  While I understand that the National Park Service is not usually 
involved in agricultural conservation easements I believe it is the 
most suitable agency in this case. The United States Department of 
Agriculture [USDA] does have a program whereby ranchers can sell 
conservation easements. These farmlands may not be critical 
agricultural lands at a national level, but they are critical to the 
Nation's investment in the Point Reyes National Seashore. A simple 
increase in funding for USDA's Farmland Protection Program would not 
ensure any new funding for the Farmland Protection Area.
  That also leads to the need for a boundary. While I believe it would 
be beneficial to authorize conservation easements for the entire 
agricultural area, we must first concentrate on the most critical 
lands. The boundary will ensure that the funding is used on these 
critical lands--lands closest to the national park which the Federal 
Government has the most interest in protecting.
  Currently, there are 18 operating ranches within the existing Point 
Reyes National Seashore. It is my understanding that these ranchers are 
pleased with their relationship with the National Park Service. All the 
landowners who wanted to continue ranching when the Point Reyes 
National Seashore was formed are still operating ranches. In fact, 
every single rancher has signed a statement affirming their 
satisfaction with the continuing cooperation and support they receive 
from the National Park Service as they continue their ranching 
operations.
  This legislation creates a completely voluntary program. Landowners 
who wish to sell their land to developers, continue to have that right. 
While I don't encourage such actions, this legislation does nothing to 
impede it. We have an opportunity here to take an important step toward 
protecting farmers and enhancing a national park. It is not often that 
we have such an occasion where often competing interests can co-exist. 
This legislation provides that opening. I encourage my colleagues to 
support this legislation and I am hopeful that we can pass it quickly.

[[Page S11766]]

  I ask unanimous consent that the full text of the legislation be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1372

       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 ``Point Reyes National 
     Seashore Farmland Protection Act of 1997''.

     SEC. 2. PURPOSES.

       The purposes of this Act are--
       (1) to protect the pastoral nature of the land adjacent to 
     the Point Reyes National Seashore from development that would 
     be incompatible with the character, integrity, and visitor 
     experience of the park;
       (2) to create a model public/private partnership among the 
     Federal, State, and local governments, and as organizations 
     and citizens that will preserve and enhance the agricultural 
     land along Tomales and Bodega Bay Watersheds;
       (3) to protect the substantial Federal investment in Point 
     Reyes National Seashore by protecting land and water 
     resources and maintaining the relatively undeveloped nature 
     of the land surrounding Tomales and Bodega Bays; and
       (4) to preserve productive uses of land and waters in Marin 
     and Sonoma counties adjacent to Point Reyes National 
     Seashore, primarily by maintaining the land in private 
     ownership restricted by conservation easements.

     SEC. 3. ADDITION OF FARMLAND PROTECTION AREA TO POINT REYES 
                   NATIONAL SEASHORE AND ACQUISITION OF 
                   DEVELOPMENT RIGHTS.

       (a) Addition.--Section 2 of Public Law 87-657 (16 U.S.C. 
     459c-1) is amended by adding at the end the following:
       ``(c) Farmland Protection Area.--
       ``(1) In general.--The Point Reyes National Seashore shall 
     include the Farmland Protection Area depicted on the map 
     numbered 612/60,163 and dated July 1995, which shall be on 
     file and available for public inspection in the Offices of 
     the National Park Service of the Department of the Interior 
     in Washington, District of Columbia.
       ``(2) Objective.--Within the Farmland Protection Area 
     depicted on the map described in paragraph (1), the primary 
     objective shall be to maintain agricultural land in private 
     ownership protected from nonagricultural development by 
     conservation easements.''.
       (b) Farmland Acquisition and Management.--Section 3 of 
     Public Law 97-657 (16 U.S.C. 459c-2) is amended by adding at 
     the end the following:
       ``(d) Farmland Acquisition and Management.--
       ``(1) In general.--Notwithstanding subsections (a) through 
     (c), the Secretary, to encourage continued agricultural use, 
     may acquire land or interests in land from the owners of the 
     land within the Farmland Protection Area depicted on the map 
     described in section 2(c).
       ``(2) Method of acquisition.--
       ``(A) In general.--Except as provided in paragraph (4), 
     land and interests in land may be acquired under this 
     subsection only by donation, purchase with donated or 
     appropriated funds, or exchange.
       ``(B) Land acquired by exchange.--Land acquired under this 
     subsection by exchange may be exchanged for land outside the 
     State of California, notwithstanding section 206(b) of the 
     Federal Land Policy and Management Act of 1976 (43 U.S.C. 
     1716(b)).
       ``(3) Requirements.--
       ``(A) Priority.--The Secretary shall give priority to--
       ``(i) acquiring interests in land through the purchase of 
     development rights and conservation easements;
       ``(ii) acquiring land and interests in land from nonprofit 
     corporations operating primarily for conservation purposes; 
     and
       ``(iii) acquiring land and interests in land by donation or 
     exchange.
       ``(B) Conservation easements.--The Secretary shall not 
     acquire any conservation easement on land within the Farmland 
     Protection Area from a nonprofit organization that was 
     acquired by the nonprofit organizations before January 1, 
     1997.
       ``(C) Cooperative agreements.--For the purpose of managing, 
     in the most cost-effective manner, interests in land acquired 
     under this subsection, and for the purpose of maintaining 
     continuity with land that has an easement on the date of 
     enactment of this subsection, the Secretary shall enter into 
     cooperative agreements with public agencies or nonprofit 
     organizations having substantial experience holding, 
     monitoring, and managing conservation easements on 
     agricultural land in the region, such as the Marin 
     Agricultural Land Trust, the Sonoma County Agricultural 
     Preservation and Open Space District, and the Sonoma Land 
     Trust.
       ``(4) Regulation.--
       ``(A) In general.--Within the boundaries of the Farmland 
     Protection Area depicted on the map described in section 
     2(c)--
       ``(i) absent an acquisition of privately owned land or an 
     interest in land by the United States, nothing in this Act 
     authorizes any Federal agency or official to regulate the use 
     or enjoyment of privately owned land, including land that, on 
     the date of enactment of this subsection, is subject to an 
     easement held by the Marin Agricultural Land Trust, the 
     Sonoma County Agricultural Preservation and Open Space 
     District, or the Sonoma Land Trust; and
       ``(ii) such privately owned land shall continue under the 
     jurisdiction of the State and political subdivisions within 
     which the land is located.
       ``(B) Permits and leases.--
       ``(i) In general.--The Secretary may permit, or lease, land 
     acquired in fee under this subsection.
       ``(ii) Consistency.--Any such permit or lease shall be 
     consistent with the purposes of the Point Reyes National 
     Seashore Farmland Protection Act of 1997.
       ``(iii) Use of revenues.--Notwithstanding any other 
     provision of law, revenues derived from any such permit or 
     lease--

       ``(I) may be retained by the Secretary; and
       ``(II) shall be available, without further appropriation, 
     for expenditure to further the goals and objectives of 
     agricultural preservation within the boundaries of the area 
     depicted on the map described to in section 2(c).

       ``(C) Land of state and local governments.--Land or an 
     interest in land, within the area depicted on the map 
     described in section 2(c) that is owned by the State of 
     California or a political subdivision of the State of 
     California, may be acquired only by donation or exchange.
       ``(5) Owner's reservation of right.--Section 5 shall not 
     apply with respect to land and or an interest in land 
     acquired under this subsection.''.
       (c) Authorization of Appropriations.--Section 9 of Public 
     Law 87-657 (16 U.S.C. 459c-7) is amended--
       (1) by inserting ``(a) In General.--'' before ``There are 
     authorized''; and
       (2) by adding at the end the following:
       ``(b) Land Acquisition.--
       ``(1) In general.--In addition to the sums authorized to be 
     appropriated by this section before the enactment of the 
     Point Reyes National Seashore Farmland Protection Act of 
     1997, there is authorized to be appropriated $30,000,000 to 
     be used on a matching basis to acquire land and interests in 
     land under section 3(d).
       ``(2) Federal share.--The Federal share of the costs for 
     acquiring land and interests in land under section 3(d) shall 
     be 50 percent of the total costs of the acquisition.
       ``(3) Non-federal share.--
       ``(A) Form.--The non-Federal share of the acquisition costs 
     may be paid in the form of property, moneys, services, or in-
     kind contributions, fairly valued.
       ``(B) Land of state and local governments.--For the purpose 
     of determining the non-Federal share of the costs, any land 
     or interests in land that is within the boundaries of the 
     area depicted on the map described in section 2(c), that, on 
     the date of enactment of this subsection, is held under a 
     conservation easement by the Marin Agricultural Land Trust, 
     the Sonoma County Agricultural Preservation and Open Space 
     District, the Sonoma Land Trust, or any other land protection 
     agency or by the State of California or any political 
     subdivision of the State, shall be considered to be a 
     matching contribution from non-Federal sources in an amount 
     that is equal to the fair market value of the land or 
     interests in land, as determined by the Secretary.''.
                                 ______