[Congressional Record Volume 149, Number 58 (Thursday, April 10, 2003)]
[Senate]
[Pages S5186-S5188]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. HOLLINGS (for himself, Mr. Gregg, Mr. Kerry, Ms. Snowe, 
        Mr. Inouye, Mr. Reed, Mr. Breaux, Mr. DeWine, Mr. Sarbanes, Mr. 
        Biden, Mr. Kennedy, Ms. Mikulski, Mr. Cochran, Mrs. Murray, Mr. 
        Corzine, Ms. Collins, Mr. Dodd, Mr. Levin, Mr. Nelson of 
        Florida, Mr. Wyden, Mr. Lieberman, Mrs. Feinstein, Mr. 
        Lautenberg, Ms. Cantwell, and Mr. Chafee):
  S. 861. A bill to authorize the acquisition of interests in 
undeveloped coastal areas in order to better ensure their protection 
from development; to the Committee on Commerce, Science, and 
Transportation.
  Mr. HOLLINGS. Mr. President, I rise today with my colleague Senator 
Gregg to introduce the Coastal and Estuarine Land Protection Act of 
2003. Senator Gregg and I introduced this bill last session, and it was 
reported favorably by the Commerce Committee, but time did not permit 
action to be completed on the bill before the end of the Congress. My 
colleagues and I will work hard to pass this important piece of 
legislation during the 108th Congress.
  I would like to thank our cosponsors, 24 in all, Senators Kerry, 
Snowe, Inouye, Jack Reed, Breaux, DeWine, Sarbanes, Biden, Kennedy, 
Mikulski, Cochran, Murray, Corzine, Collins, Dodd, Levin, Bill Nelson, 
Wyden, Lieberman, Feinstein, Lautenberg, Cantwell, and Chafee for their 
strong support of this bill, which marks another important chapter of 
our thirty year effort to put coastal and ocean issues at the forefront 
of environmental policy.
  I am also proud to say that the bill is strongly supported by The 
Trust for Public Land, Coastal States Organization, The Nature 
Conservancy, Land Trust Alliance, International Association of Fish and 
Wildlife Agencies, American Sportfishing Association, and the South 
Carolina Wildlife Federation. I understand that the U.S. Commission on 
Ocean Policy will also endorse this approach.
  When I was Governor of South Carolina over 30 years ago, I 
experienced first hand the need for Federal direction and assistance to 
the States to enable them to effectively and sustainably manage coastal 
development. My experiences during a series of coastal hearings and 
continued research in the Senate led me to write the Coastal Zone 
Management Act of 1972, which provided clear policy objectives for 
states to establish coordinated coastal zone management programs to 
help balance coastal development with protection.
  But we appear to need more tools to help States continue the job we 
started in 1972. In the year 2003, as our population grows, more and 
more people are moving to the coast to enjoy its beauty and 
recreational opportunities. In fact, by 2010, an estimated 60 percent 
of Americans will live along our coasts, which represent less than 17 
percent of our land area. More than 3,000 people move to coastal areas 
everyday, and 14 of the Nation's 20 largest cities are on the coast, 
and are five times more densely populated than the interior of the 
country. As these good folks move to take advantage of coastal living, 
we have to be careful that we don't destroy the natural resources and 
quality of life that draw them to our shores. Big changes are coming to 
all of our coastal counties, and we must make some careful and smart 
decisions if we want to keep the very resources we depend on.
  In particular, estuaries and wetlands have many unique attributes 
that make them important to both our natural resources and our economy. 
Estuaries, and the watersheds that flow into them, support fisheries 
and wildlife and contribute immensely to the coastal area economies. 
But these ecologically and economically important watersheds are also 
under the most threat from land development and conversion away from 
their natural state. Coastal urbanization trends are particularly 
strong in the southeastern areas. In my State alone, the Forest Service 
has estimated natural forests of the coastal plain will decrease by 1.9 
million acres in the next 40 years--a 35 percent loss of South 
Carolina's forests. These findings and future trends tell me that for 
the good of our coastal communities we need some fast, targeted action 
to protect ecologically important coastal areas most threatened with 
development or conversion.
  Now more than ever, the pressures of urbanization and pollution along 
our nation's coasts threaten to impair watersheds, impact wildlife 
habitat and cause irreparable damage to the fragile coastal ecology. 
The Environmental Protection Agency has reported that some areas of the 
country are seeing some improvement from the heavily polluted status of 
the past, but predicts that the more pristine areas like the Southeast, 
which has some of the best water quality in the Nation, will experience 
degradation of water quality due primarily to runoff of pollutants from 
rapid development in our coastal watersheds. This is very bad news for 
the shrimpers, oystermen, and recreational users who depend on these 
waters for their livelihood and quality of life.
  We see strong signals of what continuing down this path will bring 
us: beach and shellfish closings, fish kills, and human health impacts. 
The National Research Council reports that over the next 20 years over 
70 percent of our estuaries will experience more low oxygen--or 
``eutrophic''--conditions, such as the Gulf ``Dead Zone.'' If this 
trend continues, our coastal economies will suffer and perhaps never 
recover. I know in my state the economy would falter greatly from the 
lack of fishing, shrimping and tourism opportunities, and this is true 
up and down the Atlantic coast, which contains 37 percent of the 
Nation's estuarine areas.
  The good news is that there are ways we can make a difference, and we 
have some good models we can turn to. I am proud to say my home State 
of South Carolina is a leader in this area. The past decade I have led 
an extensive cooperative conservation effort, bringing together the 
State of South Carolina, private landowners, groups like the Nature 
Conservancy, Ducks Unlimited and federal partners like NOAA and the 
Fish and Wildlife Service to protect the ACE Basin. It is now the 
largest pristine estuarine reserve on the East Coast, a 350,000-acre 
area at the convergence of the Edisto, Ashepoo and Combahee Rivers, 
which comprises many ecologically important habitats that are home to 
many fish and bird species, including a number of endangered species. 
An outcome of these efforts is that the ACE Basin, already home to a 
National Wildlife Refuge, was declared a National Estuarine Research 
Reserve in 1992, and has been growing in size ever since. In building 
the ACE Basin, the partners worked creatively and in a coordinated 
manner, and we successfully obtained land acquisition funds through a 
variety of

[[Page S5187]]

federal sources, including the Forest Legacy Program.
  What became clear, however, is that there is no Federal program 
explicitly setting aside funding for conservation of coastal lands, 
where the needs are clearly the greatest. That is exactly what the 
Coastal and Estuarine Land Protection Act of 2003 will do. It 
authorizes a competitive matching grant program in NOAA to enable 
states to permanently protect important coastal areas.
  Under this NOAA program, coastal states can compete for matching 
funds of up to 75 percent to acquire land or easements for the 
protection of endangered coastal areas that have considerable 
conservation, recreation, ecological, historical or aesthetic values 
threatened by development or conversion. The bill also provides funding 
for a regional watershed demonstration project that can be used as a 
model for future watershed-scale programs. The program is authorized at 
$60 million for fiscal year 2004 and beyond, with an additional $5 
million for the regional watershed demonstration project.
  By establishing a plan for the preservation of our coastal areas, the 
Coastal and Estuarine Land Protection Act will build on the foundation 
laid down by the CZMA, all in stride with the changing times, growing 
number of people, and limited resources available today. When it comes 
to the environment, rules and regulations sometimes can't do it all. 
Sometimes cooperative actions work better and we can turn to models 
that encourage joint conservation projects among folks who all want the 
same thing--sustainable coasts.
  Partnership programs among federal government, state agencies, local 
governments, private landowners and non-profits, like the ACE Basin 
Project, work and we need to encourage these partnerships in all our 
coastal areas if we are to prevent degradation of our coastal 
resources. The good news is that we can make a difference today by 
providing the funding for land conservation partnerships provided for 
by the Coastal and Estuarine Land Protection Act. I am proud to be a 
sponsor of this bill, which will not only improve the quality of the 
coastal areas and marine life it supports, but also sustain surrounding 
communities and their way of life.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 861

       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.

       The Congress finds the following:
       (1) Coastal and estuarine areas provide important nursery 
     habitat for two-thirds of the nation's 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-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 zone 
     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 Nation, 
     including protection of water quality, access to public 
     beachfront, conserving wildlife habitat, and sustaining sport 
     and commercial fisheries.
       (7) Federal-State-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.

     SEC. 3. ESTABLISHMENT OF COASTAL AND ESTUARINE LAND 
                   PROTECTION PROGRAM.

       (a) In General.--The Secretary of Commerce shall establish 
     a Coastal and Estuarine Land Protection 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, or 
     aesthetic values, and that are threatened by conversion from 
     their natural, undeveloped, or recreational state to other 
     uses. 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, except coastal 
     States that have lost less than 1 percent of their wetlands 
     to development or conversion to other land uses by the date 
     of enactment of this Act, 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.); or
       (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 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 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 establishment and 
     implementation of this Act (if different from the coastal 
     zone management program).
       (2) Each participating State shall identify priority 
     conservation needs within the State, the values to be 
     protected by inclusion of lands of 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 programs, 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) Applications must be determined to be 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 expert 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) and may acquire 
     lands in cooperation with nongovernmental entities and 
     Federal agencies.
       (10) The Secretary shall develop performance measures that 
     will allow periodic evaluation of the program's effectiveness 
     in meeting the purposes of this section and such evaluation 
     shall be reported to Congress.
       (d) 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) Maximum federal share.--
       (A) 75 percent federal funds.--No more than 75 percent of 
     the funding for any grant under this section shall be derived 
     from Federal sources, unless such requirement is specifically 
     waived by the Secretary.
       (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.--Where financial assistance 
     awarded under this section represents only a portion of the 
     total cost of a project, funding from other Federal sources

[[Page S5188]]

     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) Land value may be used as non-Federal match if the 
     lands are identified in project plans and acquired within 
     three 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.
       (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. These costs may include either case or 
     in-kind contributions.
       (e) Regional Watershed Demonstration Project.--The 
     Secretary may provide up to $5,000,000 for a regional 
     watershed protection demonstration project that will meet the 
     requirements of this section, and--
       (1) leverages land acquisition funding from other Federal 
     land conservation or acquisition programs such that other 
     Federal contributions, at a minimum, equal the amounts 
     provided by the Secretary;
       (2) involves partnerships from a broad spectrum of Federal, 
     State, and non-governmental entities;
       (3) provides for the creation of conservation corridors and 
     preservation of unique coastal habitat;
       (4) protects largely unfragmented habitat under imminent 
     threat of development or conversion;
       (5) provides water quality protection for areas set aside 
     for research under the National Estuarine Research Reserve 
     program; and
       (6) provides a model for future regional watershed 
     protection projects.
       (f) 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 benefiting National Estuarine Research Reserve 
     acquisitions.
       (g) 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 2004, fiscal year 2005, and 
     triennially thereafter.
       (h) Title and Management of Acquired Property.--
       (1) In general.--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 such assurances as 
     the Secretary may require that--
       (A) the title to the property will be held by the grant 
     recipient or other 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 correct value will be 
     returned to the Secretary, for re-distribution in the grant 
     process.
       (2) Conservation easement.--In this subsection, the term 
     ``conservation easement'' includes an easement, recorded 
     deed, or 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.
       (d) Definitions.--In this section, 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)), 
     and any other term used in this section that is defined in 
     section 304 of that Act has the meaning given that term in 
     that section.
       (j) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary--
       (1) $60,000,000 for each of fiscal years 2004 through 2007 
     to carry out this section (other than subsection (e)); and
       (2) $5,000,000 for fiscal year 2004 to carry out subsection 
     (e), such sum to remain available without fiscal year 
     limitation.

     SEC. 4. ASSISTANCE FROM OTHER AGENCIES.

       Section 310(a) of the Coastal Zone Management Act of 1972 
     (16 U.S.C. 1456c(a)) is amended by striking ``any qualified 
     person for the purposes of carrying out this subsection.'' 
     and inserting ``any other Federal agencies (including 
     interagency financing of Coastal America activities) and any 
     other qualified person for the purposes of carrying out this 
     section.''.

  Mr. GREGG. Mr. President, I rise today along with Senator Hollings to 
introduce the Coastal and Estuarine Land Protection Act. We are 
introducing this much needed coastal protection act along with Senators 
Kerry, Snowe, Inouye, Reed, Breaux, DeWine, Sarbanes, Biden, Kennedy, 
Mikulski, Cochran, Murray, Corzine, Collins, Dodd, Levin, Nelson, 
Wyden, Lieberman, Feinstein, Lautenberg, Cantwell, and Chafee. In 
addition, this legislation is supported by the Trust for Public Land, 
the Coastal States Organization, the Nature Conservancy, International 
Association of Fish and Wildlife Agencies, American Sportfishing 
Association, and the Land Trust Alliance.
  The Coastal and Estuarine Land Protection Act promotes coordinated 
land acquisition and protection efforts in coastal and estuarine areas 
by fostering partnerships between non-governmental organizations and 
Federal, State, and local governments. With Americans rapidly moving to 
the coast, pressures to develop critical coastal ecosystems are 
increasing. There are fewer and fewer undeveloped and pristine areas 
left in the Nation's coastal and estuarine watersheds. These areas 
provide important nursery habitat for two-thirds of the Nation's 
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.
  The Coastal and Estuarine Land Protection Act pairs willing sellers 
through community-based initiatives with sources of Federal funds to 
enhance environmental protection. Lands can be acquired in full or 
through easements, and none of the lands purchased through this program 
would be held by the Federal Government. This bill puts land 
conservation initiatives in the hands of state and local communities. 
This new program, authorized through the National Oceanic and 
Atmospheric Administration at $60,000,000 per year, would provide 
Federal matching funds to States with approved coastal management 
programs or to National Estuarine Research Reserves through a 
competitive grant process. Federal matching funds may not exceed 75 
percent of the cost of a project under this program, and non-Federal 
sources may count in-kind support toward their portion of the cost 
share.
  This coastal land protection program provides much needed support for 
local coastal conservation initiatives throughout the country. In my 
role on the Commerce, Justice, State Appropriations Subcommittee, I 
have been able to secure significant funds for the Great Bay estuary in 
New Hampshire. This estuary is the jewel of the seacoast region, and is 
home to a wide variety of plants and animal species that are 
particularly threatened by encroaching development and environmental 
pollutants. By working with local communities to purchase lands or 
easements on these valuable parcels of land, New Hampshire has been 
able to successfully conserve the natural and scenic heritage of this 
vital estuary.
  Programs like the Coastal and Estuarine Land Protection Program will 
now enable other States to participate in these community-based 
conservation efforts in coastal areas. This program was modeled after 
the U.S. Department of Agriculture's successful Forest Legacy Program, 
which has conserved millions of acres of productive and ecologically 
significant forest land around the country.
  I welcome the opportunity to offer this important legislation, with 
my close friend, Senator Hollings. I am thankful for his strong 
leadership on this issue, and look forward to working with him to make 
the vision for this legislation a reality, and to successfully conserve 
our coastal lands for their ecological, historical, recreational, and 
aesthetic values.
                                 ______