[Congressional Record Volume 151, Number 5 (Tuesday, January 25, 2005)]
[Senate]
[Pages S484-S487]
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. 158. A bill to establish the Long Island Sound Stewardship 
Initiative; to the Committee on Environment and Public Works.

[[Page S485]]

  Mr. LIEBERMAN. Mr. President, I rise today to re-introduce 
legislation that would establish a new system to preserve the 
environmental quality of Long Island Sound by identifying, protecting, 
and enhancing sites within the Long Island Sound ecosystem that have 
significant ecological, educational, open space, public access, or 
recreational value.
  With this legislation, we hope to preserve the natural beauty and 
ecological wonder of the majestic waterway between New York and 
Connecticut, which my New York and Connecticut colleagues and I have 
worked hard together to improve. We have come a long way in restoring 
the Sound and its rich biodiversity over the past several decades, but 
our progress may be in jeopardy if we do not take measures now to 
protect remaining sites of biological diversity. Despite our best 
efforts, we are continuing to lose unprotected open sites along the 
shore. That is why this Act is so important.
  One of the important features of the Stewardship Act I am introducing 
is that it will use new approaches to address an old problem, the 
proper conservation of our resources. The legislation includes novel 
conservation techniques that are designed to accomplish their goals at 
the least cost. First, it involves purchasing property or property 
rights or entering into binding legal agreements with property owners, 
but does so through a process that is voluntary and that explicitly 
respects the interests and rights of private property owners. It also 
uses established scientific methods for identifying potential coastal 
sites. Finally, it incorporates a flexible management system that 
institutionalizes learning and ensures efficiency in the identification 
and acquisition of conservation and recreation sites.
  The value of this legislation, which passed the Senate by unanimous 
consent during the last Congress, is clear. I look forward to working 
with my co-sponsors from Connecticut and New York, Senators Dodd, 
Clinton, and Schumer, and a bipartisan group of our Connecticut and New 
York House colleagues to enact this legislation and ensure that we can 
take necessary common-sense steps to protect and preserve Long Island 
Sound for generations to come.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 158

       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 2005''.

     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) much 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 Initiative to identify, 
     protect, and enhance sites within the Long Island Sound 
     ecosystem with significant ecological, educational, open 
     space, public access, or recreational value through a bi-
     State network of sites best exemplifying these values.

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) Adaptive management.--The term ``adaptive management'' 
     means a scientific process--
       (A) for--
       (i) developing predictive models;
       (ii) making management policy decisions based upon the 
     model outputs;
       (iii) revising the management policies as data become 
     available with which to evaluate the policies; and
       (iv) acknowledging uncertainty, complexity, and variance in 
     the spatial and temporal aspects of natural systems; and
       (B) that requires that management be viewed as 
     experimental.
       (2) Administrator.--The term ``Administrator'' means the 
     Administrator of the Environmental Protection Agency.
       (3) Committee.--The term ``Committee'' means the Long 
     Island Sound Stewardship Advisory Committee established by 
     section 5(a).
       (4) Region.--The term ``Region'' means the Long Island 
     Sound Stewardship Initiative Region established by section 
     4(a).
       (5) States.--The term ``States'' means the States of 
     Connecticut and New York.
       (6) Stewardship site.--The term ``stewardship site'' means 
     a site that--
       (A) qualifies for identification by the Committee under 
     section 8; and
       (B) is an area of land or water or a combination of land 
     and water--
       (i) that is in the Region; and
       (ii) that is--

       (I) Federal, State, local, or tribal land or water;
       (II) land or water owned by a nonprofit organization; or
       (III) privately owned land or water.

       (7) Systematic site selection.--The term ``systematic site 
     selection'' means a process of selecting stewardship sites 
     that--
       (A) has explicit goals, methods, and criteria;
       (B) produces feasible, repeatable, and defensible results;
       (C) provides for consideration of natural, physical, and 
     biological patterns,
       (D) addresses reserve size, replication, connectivity, 
     species viability, location, and public recreation values;
       (E) uses geographic information systems technology and 
     algorithms to integrate selection criteria; and
       (F) will result in achieving the goals of stewardship site 
     selection at the lowest cost.
       (8) Threat.--The term ``threat'' means a threat that is 
     likely to destroy or seriously degrade a conservation target 
     or a recreation area.

     SEC. 4. LONG ISLAND SOUND STEWARDSHIP INITIATIVE REGION.

       (a) Establishment.--There is established in the States the 
     Long Island Sound Stewardship Initiative Region.
       (b) Boundaries.--The Region shall encompass the immediate 
     coastal upland and underwater areas along Long Island Sound, 
     including--
       (1) 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; 
     and
       (2) the Peconic Estuary, as described on the map entitled 
     ``Peconic Estuary Program Study Area Boundaries'', included 
     in the Comprehensive Conservation and Management Plan for the 
     Peconic Estuary Program and dated November 15, 2001.

     SEC. 5. LONG ISLAND SOUND STEWARDSHIP ADVISORY COMMITTEE.

       (a) Establishment.--There is established a committee to be 
     known as the ``Long Island Sound Stewardship Advisory 
     Committee''.
       (b) Chairperson.--The Chairperson of the Committee shall be 
     the Director of the Long Island Sound Office of the 
     Environmental Protection Agency, or a designee of the 
     Director.
       (c) Membership.--
       (1) Composition.--
       (A) Appointment of members.--
       (i) 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)).
       (ii) Additional members.--In addition to the requirements 
     described in clause (i), the Committee shall include--

       (I) a representative from the Regional Plan Association;
       (II) a representative of the marine trade organizations; 
     and
       (III) a representative of private landowner interests.

       (B) Representation.--In appointing members to the 
     Committee, the Chairperson shall consider--
       (i) Federal, State, and local government interests;
       (ii) the interests of nongovernmental organizations;
       (iii) academic interests; and
       (iv) private interests.
       (2) Date of appointments.--Not later than 180 days after 
     the date of enactment of this Act, the appointment of all 
     members of the Committee shall be made.
       (d) Term; Vacancies.--
       (1) Term.--
       (A) In general.--A member shall be appointed for a term of 
     4 years.
       (B) Multiple terms.--A person may be appointed as a member 
     of the Committee for more than 1 term.
       (2) Vacancies.--A vacancy on the Committee shall--
       (A) be filled not later than 90 days after the vacancy 
     occurs;
       (B) not affect the powers of the Committee; and
       (C) be filled in the same manner as the original 
     appointment was made.

[[Page S486]]

       (3) Staff.--
       (A) In general.--The Chairperson of the Committee may 
     appoint and terminate personnel as necessary to enable the 
     Committee to perform the duties of the Committee.
       (B) Personnel as federal employees.--
       (i) In general.--Any personnel of the Committee who are 
     employees of the Committee shall be employees under section 
     2105 of title 5, United States Code, for purposes of chapters 
     63, 81, 83, 84, 85, 87, 89, and 90 of that title.
       (ii) Members of committee.--Clause (i) does not apply to 
     members of the Committee.
       (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 no fewer 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 8--
       (A) evaluate applications from government or nonprofit 
     organizations qualified to hold conservation easements for 
     funds to purchase land or development rights for stewardship 
     sites;
       (B) evaluate applications to develop and implement 
     management plans to address threats;
       (C) evaluate applications to act on opportunities to 
     protect and enhance stewardship sites; and
       (D) recommend that the Administrator award grants to 
     qualified applicants;
       (2) recommend guidelines, criteria, schedules, and due 
     dates for evaluating information to identify stewardship 
     sites;
       (3) publish a list of sites that further the purposes of 
     this Act, provided that owners of sites shall be--
       (A) notified prior to the publication of the list; and
       (B) allowed to decline inclusion on the list;
       (4) raise awareness of the values of and threats to these 
     sites; and
       (5) leverage additional resources for improved stewardship 
     of the Region.

     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.--
       (A) In general.--Subject to subparagraph (C), on request of 
     the Chairperson of the Committee, the head of a Federal 
     agency shall provide the information requested by the 
     Chairperson to the Committee.
       (B) Administration.--The furnishing of information by a 
     Federal agency to the Committee shall not be considered a 
     waiver of any exemption available to the agency under section 
     552 of title 5, United States Code.
       (C) Information to be kept confidential.--
       (i) In general.--For purposes of section 1905 of title 18, 
     United States Code--

       (I) the Committee shall be considered an agency of the 
     Federal Government; and
       (II) any individual employed by an individual, entity, or 
     organization that is a party to a contract with the Committee 
     under this Act shall be considered an employee of the 
     Committee.

       (ii) Prohibition on disclosure.--Information obtained by 
     the Committee, other than information that is available to 
     the public, shall not be disclosed to any person in any 
     manner except to an employee of the Committee as described in 
     clause (i) for the purpose of receiving, reviewing, or 
     processing the information.
       (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) Donations.--The Committee may accept, use, and dispose 
     of donations of services or property that advance the goals 
     of the Long Island Sound Stewardship Initiative.

     SEC. 8. STEWARDSHIP SITES.

       (a) Initial Sites.--
       (1) Identification.--
       (A) In general.--The Committee shall identify 20 initial 
     Long Island Sound stewardship sites that the Committee has 
     determined--
       (i)(I) are natural resource-based recreation areas; or
       (II) are exemplary natural areas with ecological value; and
       (ii) best promote the purposes of this Act.
       (B) Exemption.--Sites described in subparagraph (A) are not 
     subject to the site identification process described in 
     subsection (d).
       (2) Equitable distribution of funds for initial sites.--In 
     identifying initial sites under paragraph (1), the Committee 
     shall exert due diligence to recommend an equitable 
     distribution of funds between the States for the initial 
     sites.
       (b) Application for Identification as a Stewardship Site.--
     Subsequent to the identification of the initial stewardship 
     sites under subsection (a), owners of sites may submit 
     applications to the Committee in accordance with subsection 
     (c) to have the sites identified as stewardship sites.
       (c) Identification.--The Committee shall review 
     applications submitted by owners of potential stewardship 
     sites to determine whether the sites should be identified as 
     exhibiting values consistent with the purposes of this Act.
       (d) Site Identification Process.--
       (1) Natural resource-based recreation areas.--The Committee 
     shall identify additional recreation areas with potential as 
     stewardship sites using a selection technique that includes--
       (A) public access;
       (B) community support;
       (C) areas with high population density;
       (D) environmental justice (as defined in section 385.3 of 
     title 33, Code of Federal Regulations (or successor 
     regulations));
       (E) connectivity to existing protected areas and open 
     spaces;
       (F) cultural, historic, and scenic areas; and
       (G) other criteria developed by the Committee.
       (2) Natural areas with ecological value.--The Committee 
     shall identify additional natural areas with ecological value 
     and potential as stewardship sites--
       (A) based on measurable conservation targets for the 
     Region; and
       (B) following a process for prioritizing new sites using 
     systematic site selection, which shall include--
       (i) ecological uniqueness;
       (ii) species viability;
       (iii) habitat heterogeneity;
       (iv) size;
       (v) quality;
       (vi) connectivity to existing protected areas and open 
     spaces;
       (vii) land cover;
       (viii) scientific, research, or educational value;
       (ix) threats; and
       (x) other criteria developed by the Committee.
       (3) Publication of list.--After completion of the site 
     identification process, the Committee shall--
       (A) publish in the Federal Register a list of sites that 
     further the purposes of this Act; and
       (B) prior to publication of the list, provide to owners of 
     the sites to be published--
       (i) a notification of publication; and
       (ii) an opportunity to decline inclusion of the site of the 
     owner on the list.
       (4) Deviation from process.--
       (A) In general.--The Committee may identify as a potential 
     stewardship site, a site that does not meet the criteria in 
     paragraph (1) or (2), or reject a site selected under 
     paragraph (1) or (2), if the Committee--
       (i) selects a site that makes significant ecological or 
     recreational contributions to the Region;
       (ii) publishes the reasons that the Committee decided to 
     deviate from the systematic site selection process; and
       (iii) before identifying or rejecting the potential 
     stewardship site, provides to the owners of the site the 
     notification of publication, and the opportunity to decline 
     inclusion of the site on the list published under paragraph 
     (3)(A), described in paragraph (3)(B).
       (5) Public comment.--In identifying potential stewardship 
     sites, the Committee shall consider public comments.
       (e) General Guidelines for Management.--
       (1) In general.--The Committee shall use an adaptive 
     management framework to identify the best policy initiatives 
     and actions through--
       (A) definition of strategic goals;
       (B) definition of policy options for methods to achieve 
     strategic goals;
       (C) establishment of measures of success;
       (D) identification of uncertainties;
       (E) development of informative models of policy 
     implementation;
       (F) separation of the landscape into geographic units;
       (G) monitoring key responses at different spatial and 
     temporal scales; and
       (H) evaluation of outcomes and incorporation into 
     management strategies.
       (2) Application of adaptive management framework.--The 
     Committee shall apply the adaptive management framework to 
     the process for updating the list of recommended stewardship 
     sites.

     SEC. 9. REPORTS.

       (a) In General.--For each of fiscal years 2006 through 
     2013, the Committee shall submit to the Administrator an 
     annual report that contains--
       (1) a detailed statement of the findings and conclusions of 
     the Committee since the last report;
       (2) a description of all sites recommended by the Committee 
     to be approved as stewardship sites;
       (3) the recommendations of the Committee for such 
     legislation and administrative actions as the Committee 
     considers appropriate; and
       (4) in accordance with subsection (b), the recommendations 
     of the Committee for the awarding of grants.
       (b) General Guidelines for Recommendations.--
       (1) In general.--The Committee shall recommend that the 
     Administrator award

[[Page S487]]

     grants 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 sustained, including 
     entering into an arrangement with a land manager or owner to 
     develop or implement an approved management plan that is 
     necessary for the conservation of natural resources.
       (2) Equitable distribution of funds.--The Committee shall 
     exert due diligence to recommend an equitable distribution of 
     funds between the States.
       (c) Action by the Administrator.--
       (1) In general.--Not later than 90 days after receiving a 
     report under subsection (a), the Administrator shall--
       (A) review the recommendations of the Committee; and
       (B) take actions consistent with the recommendations of the 
     Committee, including the approval of identified stewardship 
     sites and the award of grants, unless the Administrator makes 
     a finding that any recommendation is unwarranted by the 
     facts.
       (2) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Administrator shall develop and 
     publish a report that--
       (A) assesses the current resources of and threats to Long 
     Island Sound;
       (B) assesses the role of the Long Island Sound Stewardship 
     Initiative in protecting Long Island Sound;
       (C) establishes guidelines, criteria, schedules, and due 
     dates for evaluating information to identify stewardship 
     sites;
       (D) includes information about any grants that are 
     available for the purchase of land or property rights to 
     protect stewardship sites;
       (E) accounts for funds received and expended during the 
     previous fiscal year;
       (F) shall be made available to the public on the Internet 
     and in hardcopy form; and
       (G) shall be updated at least every other year, except that 
     information on funding and any new stewardship sites 
     identified shall be published more frequently.

     SEC. 10. PRIVATE PROPERTY PROTECTION.

       (a) Access to Private Property.--Nothing in this Act--
       (1) requires any private property owner to allow public 
     access (including Federal, State, or local government access) 
     to the private property; or
       (2) modifies any provision of Federal, State, or local law 
     with regard to public access to or use of private property, 
     except as entered into by voluntary agreement of the owner or 
     custodian of the property.
       (b) Liability.--Approval of the Long Island Sound 
     Stewardship Initiative Region does not create any liability, 
     or have any effect on any liability under any other law, of 
     any private property owner with respect to any person injured 
     on the private property.
       (c) Recognition of Authority to Control Land Use.--Nothing 
     in this Act modifies the authority of Federal, State, or 
     local governments to regulate land use.
       (d) Participation of Private Property Owners in the Long 
     Island Sound Stewardship Initiative Region.--Nothing in this 
     Act requires the owner of any private property located within 
     the boundaries of the Region to participate in or be 
     associated with the Initiative.
       (e) Effect of Establishment.--
       (1) In general.--The boundaries approved for the Region 
     represent the area within which Federal funds appropriated 
     for the purpose of this Act may be expended.
       (2) Regulatory authority.--The establishment of the Region 
     and the boundaries of the Region does not provide any 
     regulatory authority not in existence on the date of 
     enactment of this Act on land use in the Region by any 
     management entity, except for such property rights as may be 
     purchased from or donated by the owner of the property 
     (including the Federal Government or a State or local 
     government, if applicable).

     SEC. 11. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--There is authorized to be appropriated to 
     carry out this Act $25,000,000 for each of fiscal years 2006 
     through 2013.
       (b) Use of Funds.--For each fiscal year, funds made 
     available under subsection (a) shall be used by the 
     Administrator, after reviewing the recommendations of the 
     Committee submitted under section 9, for--
       (1) acquisition of land and interests in land;
       (2) development and implementation of site management 
     plans;
       (3) site enhancements to reduce threats or promote 
     stewardship; and
       (4) administrative expenses of the Committee.
       (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.

     SEC. 12. LONG ISLAND SOUND AUTHORIZATION OF APPROPRIATIONS.

       Section 119(f) of the Federal Water Pollution Control Act 
     (33 U.S.C. 1269(f)) is amended by striking ``2005'' each 
     place it appears and inserting ``2009''.

     SEC. 13. TERMINATION OF COMMITTEE.

       The Committee shall terminate on December 31, 2013.
                                 ______