[Congressional Record Volume 150, Number 55 (Tuesday, April 27, 2004)]
[Senate]
[Pages S4430-S4431]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. LIEBERMAN (for himself, Mrs. Clinton, Mr. Dodd, and Mr. 
        Schumer):
  S. 2350. A bill to establish the Long island Sound Stewardship 
System; to the Committee on Environment and Public Works.
  Mr. LIEBERMAN. Mr. President, Long Island Sound holds a special place 
in our Nation's history, its present, and its future. It has played a 
key role in the development of the Nation, from the early days of the 
colonists, through to this day. Its bounty nourished the colonists, its 
coves sheltered their ships, and provided harbors for trade.
  Today, Long Island Sound remains a vital resource to the area: its 
biological resources provide jobs, and its beauty draws tourists who 
come to visit the Sound to fish, to sail, and simply to enjoy its 
shores. It is estimated that these activities contribute approximately 
$5 billion annually to the economy of the region. This is not so 
surprising when you realize that over 28 million people live within 50 
miles of the Sound.
  It is a blessing that so many people can enjoy and benefit from Long 
Island Sound, in so many ways. But it is also a challenge that 
threatens the future of the Sound. Less than 20 percent of the 
shoreline of Long Island Sound is accessible to the public, and every 
year, more shoreline is developed and removed from public access. 
Marshes and estuaries around the Sound are being drained and developed 
at an alarming rate. These tidal marshes are critical for the 
ecological health of the Sound, which is the foundation of the Sound's 
vital economic contribution to the region. In short, to preserve the 
blessings of Long Island Sound for future generations, this generation 
must act. This is why Senator Clinton and I have introduced the Long 
Island Sound Stewardship Act.
  The Long Island Sound Stewardship Act builds on the years of good 
work done by the Long Island Sound Study Group. This group, made up of 
dedicated people from Federal, State, and local government agencies, 
non-government organizations, and private interests, has worked 
together to develop a vision of good stewardship for Long Island Sound. 
Many of them are here today, and I thank them for their hard work.
  Our bill will help us achieve their vision, by providing funds and a 
congressional mandate to work towards this vision. Under this bill, 
those who agree to preserve public access or ecological characteristics 
of their land can be recognized by having the land designated as a Long 
Island Stewardship Site. The bill also provides funding to facilitate 
the preservation of these characteristics. Most important, the bill 
achieves these ends through a voluntary program, a cooperative venture 
between all the stakeholders: public and private, Federal, State, and 
local.
  The Long Island Sound Study has already set a fine example of 
cooperation and vision. I introduce this bill to further that vision. I 
look forward to working with the Connecticut and New York delegations, 
and all the stakeholders, as we develop and refine this bill. I am 
confident that working together, we will preserve the blessings of Long 
Island Sound.
  I ask unanimous consent that the text of the Long Island Sound 
Stewardship Act be printed in the record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2350

       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 ``Long Island Sound 
     Stewardship Act of 2004''.

     SEC. 2. FINDINGS AND PURPOSE.

       (a) Findings.--Congress finds that--
       (1) Long Island Sound is a national treasure of great 
     cultural, environmental, and ecological importance;
       (2) 8,000,000 people live within the Long Island Sound 
     watershed and 28,000,000 people (approximately 10 percent of 
     the population of the United States) live within 50 miles of 
     Long Island Sound;
       (3) activities that depend on the environmental health of 
     Long Island Sound contribute more than $5,000,000,000 each 
     year to the regional economy;
       (4) the portion of the shoreline of Long Island Sound that 
     is accessible to the general public (estimated at less than 
     20 percent of the total shoreline) is not adequate to serve 
     the needs of the people living in the area;
       (5) existing shoreline facilities are in many cases 
     overburdened and underfunded;
       (6) 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;
       (7) approximately \1/3\ of the tidal marshes of Long Island 
     Sound have been filled, and much of the remaining marshes 
     have been ditched, dyked, or impounded, reducing the 
     ecological value of the marshes; and
       (8) many of the remaining exemplary natural landscape is 
     vulnerable to further development.
       (b) Purpose.--The purpose of this Act is to establish the 
     Long Island Sound Stewardship System to preserve areas of 
     critical importance because of the open space, public access, 
     and ecological value of the areas.

     SEC. 3. DEFINITIONS.

        In this Act:
       (1) Committee.--The term ``Committee'' means the Long 
     Island Sound Stewardship Coordinating Committee established 
     by section 5(a).
       (2) Region.--The term ``Region'' means the Long Island 
     Sound Stewardship System Region established by section 4(a).
       (3) States.--The term ``States'' means the States of 
     Connecticut and New York.

     SEC. 4. LONG ISLAND SOUND STEWARDSHIP SYSTEM REGION.

       (a) Establishment.--There is established in the States the 
     Long Island Sound Stewardship System Region.
       (b) Boundaries.--The Region shall encompass the immediate 
     coastal upland and underwater areas along Long Island Sound, 
     including those portions of the Sound with coastally 
     influenced vegetation, as described on the map entitled the 
     ``Long Island Sound Stewardship Region'' and dated April 21, 
     2004.

     SEC. 5. LONG ISLAND SOUND STEWARDSHIP COORDINATING COMMITTEE.

       (a) Establishment.--There is established a committee to be 
     known as the ``Long Island Sound Stewardship Coordinating 
     Committee''.
       (b) Chairperson.--The Chairperson of the Committee shall be 
     the Director of the Long Island Sound Office of the 
     Environmental Protection Agency, or designee.
       (c) Membership.--
       (1) Composition.--
       (A) In general.--The chairperson shall appoint the members 
     of the Committee in accordance with this subsection and 
     section 320(c) of the Federal Water Pollution Control Act (33 
     U.S.C. 1330(c)).
       (B) Representation.--The Committee shall--
       (i) include equal representation of the interests of the 
     States; and
       (ii) represent--

       (I) Federal, State, and local government interests;
       (II) the interests of nongovernmental organizations;
       (III) academic interests; and
       (IV) private interests.

       (2) Date of appointments.--The appointment of a member of 
     the Committee shall be made not later than 180 days after the 
     date of enactment of this Act.
       (d) Term; Vacancies.--
       (1) Term.--A member shall be appointed for the life of the 
     Committee.
       (2) Vacancies.--A vacancy on the Committee--
       (A) shall not affect the powers of the Committee; and

[[Page S4431]]

       (B) shall be filled in the same manner as the original 
     appointment was made.
       (e) Initial Meeting.--Not later than 30 days after the date 
     on which all members of the Committee have been appointed, 
     the Committee shall hold the initial meeting of the 
     Committee.
       (f) Meetings.--The Committee shall meet at the call of the 
     Chairperson, but not less than 4 times each year.
       (g) Quorum.--A majority of the members of the Committee 
     shall constitute a quorum, but a lesser number of members may 
     hold hearings.

     SEC. 6. DUTIES OF THE COMMITTEE.

       The Committee shall--
       (1) consistent with the guidelines described in section 
     9(c)--
       (A) establish specific criteria for the evaluation of 
     applications for stewardship site designations; and
       (B) evaluate and award or deny stewardship designation to 
     applicants for that designation;
       (2) consistent with the guidelines described in section 
     9(d)--
       (A) evaluate applications from government or nonprofit 
     organizations qualified to hold conservation easements for 
     funds to purchase land or development rights for stewardship 
     sites; and
       (B) award funds to qualified applicants;
       (3) not later than 1 year after the date of enactment of 
     this Act, develop and publish a management plan that--
       (A) assesses the current resources of and threats to Long 
     Island Sound;
       (B) assesses the role of the Long Island Sound Stewardship 
     System in protecting Long Island Sound;
       (C) establishes--
       (i) guidelines, schedules, and due dates for applying for 
     designation as a stewardship site; and
       (ii) specific criteria to be used in evaluating stewardship 
     site applications;
       (D) includes information about any grants that are 
     available for the purchase of land or property rights to 
     protect stewardship sites;
       (E) shall be made available to the public on the Internet 
     and in hardcopy form; and
       (F) shall be updated at least every other year, with 
     information on applications for stewardship site designation 
     and funding published more frequently; and
       (4) concurrent with the first management plan, publish a 
     list of sites that the Committee considers most appropriate 
     for designation as stewardship sites.

     SEC. 7. POWERS OF THE COMMITTEE.

       (a) Hearings.--The Committee may hold such hearings, meet 
     and act at such times and places, take such testimony, and 
     receive such evidence as the Committee considers advisable to 
     carry out this Act.
       (b) Information From Federal Agencies.--
       (1) In general.--The Committee may secure directly from a 
     Federal agency such information as the Committee considers 
     necessary to carry out this Act.
       (2) Provision of information.--On request of the 
     Chairperson of the Committee, the head of the agency shall 
     provide the information to the Committee.
       (c) Postal Services.--The Committee may use the United 
     States mails in the same manner and under the same conditions 
     as other agencies of the Federal Government.
       (d) Gifts.--The Committee may accept, use, and dispose of 
     gifts or donations of services or property.

     SEC. 8. COMMITTEE PERSONNEL MATTERS.

       (a) Compensation of Members.--
       (1) Non-federal employees.--A member of the Committee who 
     is not an officer or employee of the Federal Government shall 
     be compensated at a rate equal to the daily equivalent of the 
     annual rate of basic pay prescribed for level IV of the 
     Executive Schedule under section 5315 of title 5, United 
     States Code, for each day (including travel time) during 
     which the member is engaged in the performance of the duties 
     of the Committee.
       (2) Federal employees.--A member of the Committee who is an 
     officer or employee of the Federal Government shall serve 
     without compensation in addition to the compensation received 
     for the services of the member as an officer or employee of 
     the Federal Government.
       (b) Travel Expenses.--A member of the Committee shall be 
     allowed travel expenses, including per diem in lieu of 
     subsistence, at rates authorized for an employee of an agency 
     under subchapter I of chapter 57 of title 5, United States 
     Code, while away from the home or regular place of business 
     of the member in the performance of the duties of the 
     Committee.
       (c) Staff.--
       (1) In general.--The Chairperson of the Committee may, 
     without regard to the civil service laws (including 
     regulations), appoint and terminate an executive director and 
     such other additional personnel as are necessary to enable 
     the Committee to perform the duties of the Committee.
       (2) Confirmation of executive director.--The employment of 
     an executive director shall be subject to confirmation by the 
     Committee.
       (3) Compensation.--
       (A) In general.--Except as provided in subparagraph (B), 
     the Chairperson of the Committee may fix the compensation of 
     the executive director and other personnel without regard to 
     the provisions of chapter 51 and subchapter III of chapter 53 
     of title 5, United States Code, relating to classification of 
     positions and General Schedule pay rates.
       (B) Maximum rate of pay.--The rate of pay for the executive 
     director and other personnel shall not exceed the rate 
     payable for level V of the Executive Schedule under section 
     5316 of title 5, United States Code.
       (d) Detail of Federal Government Employees.--
       (1) In general.--An employee of the Federal Government may 
     be detailed to the Committee without reimbursement.
       (2) Civil service status.--The detail of the employee shall 
     be without interruption or loss of civil service status or 
     privilege.
       (e) Procurement of Temporary and Intermittent Services.--
     The Chairperson of the Committee may procure temporary and 
     intermittent services in accordance with section 3109(b) of 
     title 5, United States Code, at rates for individuals that do 
     not exceed the daily equivalent of the annual rate of basic 
     pay prescribed for level V of the Executive Schedule under 
     section 5316 of that title.

     SEC. 9. STEWARDSHIP SITES.

       (a) Definition of Qualifying Land.--In this section, the 
     term ``qualifying land'' means land--
       (1) that is in the Region; and
       (2) that is--
       (A) Federal, State, local, or tribal land;
       (B) land owned by a nonprofit organization; or
       (C) privately owned land.
       (b) Application for Designation.--Owners or other parties 
     in control of qualifying land may apply to the Committee to 
     have the qualifying land designated as a Long Island Sound 
     stewardship site.
       (c) General Guidelines for Stewardship Site Designation.--
       (1) In general.--The Committee shall choose land to be 
     designated as a stewardship site based on--
       (A) the contribution of the land to open space on and 
     public access to Long Island Sound; and
       (B) the ecological value of the land.
       (2) Criteria.--In considering land described in 
     applications submitted under subsection (b), the Committee 
     shall consider--
       (A) land cover;
       (B) size;
       (C) adjacency and connectivity to existing parks and open 
     spaces;
       (D) water quality;
       (E) current or prospective recreational use;
       (F) visitor demand;
       (G) scenic quality;
       (H) cultural resources;
       (I) erosion and flood hazard prevention;
       (J) environmental justice;
       (K) fish and wildlife productivity;
       (L) biodiversity;
       (M) scientific value;
       (N) water quality protection;
       (O) habitat restoration characteristics;
       (P) connectivity to other habitats that are vital to 
     sustaining healthy living resources in the Long Island Sound 
     watershed;
       (Q) risk of development; and
       (R) other criteria developed by the Committee under section 
     6(1)(A).
       (d) General Guidelines for Awarding Funds.--
       (1) In general.--The Committee shall award funds 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 preserved.
       (2) Equitable distribution of funds.--The Committee shall 
     exert due diligence to distribute funds equitably between the 
     States.

     SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--There is authorized to be appropriated to 
     carry out this Act $40,000,000 for each fiscal year, to be 
     allocated from the national estuary program under section 320 
     of the Federal Water Pollution Control Act (33 U.S.C. 1330).
       (b) Allocation of Funds.--For each fiscal year--
       (1) not more than 15 percent of funds made available under 
     subsection (a) shall be used to improve the facilities of 
     stewardship sites; and
       (2) at least 85 percent of funds made available under 
     subsection (a) shall be used to secure the values of 
     stewardship sites.
       (c) Federal Share.--The Federal share of the cost of an 
     activity carried out using any assistance or grant under this 
     Act shall not exceed 75 percent of the total cost of the 
     activity.
                                 ______