[House Report 110-811]
[From the U.S. Government Publishing Office]



110th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     110-811

======================================================================



 
          COASTAL AND ESTUARINE LAND CONSERVATION PROGRAM ACT

                                _______
                                

 July 31, 2008.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

  Mr. Rahall, from the Committee on Natural Resources, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 1907]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 1907) to authorize the acquisition of land and 
interests in land from willing sellers to improve the 
conservation of, and to enhance the ecological values and 
functions of, coastal and estuarine areas to benefit both the 
environment and the economies of coastal communities, and for 
other purposes, having considered the same, report favorably 
thereon with an amendment and recommend that the bill as 
amended do pass.
  The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Coastal and Estuarine Land 
Conservation Program Act''.

SEC. 2. AUTHORIZATION OF COASTAL AND ESTUARINE LAND CONSERVATION 
                    PROGRAM.

  The Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.) is 
amended by inserting after section 307 the following new section:
 ``authorization of the coastal and estuarine land conservation program
  ``Sec. 307A.  (a) In General.--The Secretary may conduct a Coastal 
and Estuarine Land Conservation Program, in cooperation with 
appropriate State, regional, and other units of government, for the 
purposes of protecting important coastal and estuarine areas that have 
significant conservation, recreation, ecological, historical, or 
aesthetic values, or that are threatened by conversion from their 
natural, undeveloped, or recreational state to other uses or could be 
managed or restored to effectively conserve, enhance, or restore 
ecological function. 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 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 this title;
          ``(2) a National Estuarine Research Reserve management plan;
          ``(3) a regional or State watershed protection or management 
        plan involving coastal states with approved coastal zone 
        management programs; or
          ``(4) a State coastal land acquisition plan that is 
        consistent with an approved coastal zone management program.
  ``(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 coastal 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 
        section (if different from the coastal zone management 
        program).
          ``(2) Each participating coastal state, after consultation 
        with local governmental entities and other interested 
        stakeholders, 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 coastal state shall to the extent 
        practicable ensure that the acquisition of property or 
        easements shall not 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, or the lead agency designated by the 
        governor for coordinating the implementation of this section, 
        where appropriate in consultation with the appropriate local 
        government, 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 value.
          ``(8) In developing guidelines under this section, the 
        Secretary shall consult with coastal states, other Federal 
        agencies, and other interested stakeholders with expertise in 
        land acquisition and conservation procedures.
          ``(9) Eligible coastal states or National Estuarine Research 
        Reserves may allocate grants to local governments or agencies 
        eligible for assistance under section 306A(e).
          ``(10) 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 triennially.
          ``(11) For projects that rank equally under the guidelines, 
        priority shall be given to projects that leverage a higher 
        percentage of non-Federal matching funds.
  ``(d) Limitations.--
          ``(1) A grant awarded under this section may be used to 
        purchase land or an interest in land, including an easement, 
        only from a willing seller.
          ``(2) All acquisitions of land with a grant under this 
        section shall be made in a voluntary manner and shall not be 
        the result of a forced taking.
          ``(3) Any interest in land, including any easement, acquired 
        with a grant under this section shall not be considered to 
        create any liability, or have any effect on liability under any 
        other law, of any private property owner with respect to any 
        person injured on the private property.
  ``(e) Private Property Protections.--Nothing in this title--
          ``(1) requires a private property owner to participate in the 
        program under this section;
          ``(2) requires any private property owner to allow public 
        access (including Federal, State, or local government access) 
        to the private property; or
          ``(3) modifies the application of any provision of Federal, 
        State, or local law with regard to public access to or use of 
        private property, except as provided by a voluntary agreement 
        entered into by the owner or custodian of the property.
  ``(f) Recognition of Authority to Control Land Use.--Nothing in this 
title modifies the authority of Federal, State, or local governments to 
regulate land use.
  ``(g) 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) Cost share requirement.--
                  ``(A) In general.--Grant funds under the program 
                shall require a 100 percent match from other non-
                Federal sources.
                  ``(B) Waiver of requirement.--The Secretary may grant 
                a waiver of 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 and consistent 
                with the purposes of the program.
          ``(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 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 by a project applicant as non-Federal 
                match, if the Secretary determines that--
                          ``(i) the land meets the criteria set forth 
                        in section 2(b) and is acquired in the period 
                        beginning 3 years before the date of the 
                        submission of the grant application and ending 
                        3 years after the date of the award of the 
                        grant;
                          ``(ii) the value of the land or easement is 
                        held by a non-governmental organization 
                        included in the grant application in perpetuity 
                        for conservation purposes of the program; and
                          ``(iii) the land or easement is connected 
                        either physically or through a conservation 
                        planning process to the land or easement that 
                        would be acquired.
                  ``(B) The appraised value of the land or conservation 
                easement at the time of the grant closing will be 
                considered and applied as the non-Federal cost share.
                  ``(C) 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.
  ``(h) 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 benefitting National 
Estuarine Research Reserves.
  ``(i) 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 triennially 
thereafter.
  ``(j) Title and Management of Acquired Property.--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--
          ``(1) such assurances as the Secretary may require that--
                  ``(A) the title to the property will be held by the 
                grant recipient or another 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 current 
                value will be returned to the Secretary in accordance 
                with applicable Federal law for redistribution in the 
                grant process; and
          ``(2) certification that the property (including any interest 
        in land) will be acquired from a willing seller.
  ``(k) Requirement for Property Used for Non-Federal Match.--If the 
grant recipient elects to use any land or interest in land held by a 
non-governmental organization as a non-Federal match under subsection 
(g), the grant recipient must to the Secretary's satisfaction 
demonstrate in the grant application that such land or interest will 
satisfy the same requirements as the lands or interests in lands 
acquired under the program.
  ``(l) Definitions.--In this section:
          ``(1) 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 section 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.
          ``(2) Interest in property.--The term `interest in property' 
        includes a conservation easement.
  ``(m) Application.--Only States with coastal populations with at 
least 85 people per square mile may be eligible for grants under this 
program. For purposes of this subsection, coastal population shall be 
calculated using the most recent Census Bureau numbers for the 
population of coastal counties that are wholly or partially within the 
State's legally defined coastal zones.
  ``(n) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary to carry out this section $60,000,000 for 
each of fiscal years 2009 through 2013.''.

                          Purpose of the Bill

    The purpose of H.R. 1907 is to authorize the acquisition of 
land and interests in land from willing sellers to improve the 
conservation of, and to enhance the ecological values and 
functions of, coastal and estuarine areas to benefit both the 
environment and the economies of coastal communities, and for 
other purposes.

                  Background and Need for Legislation

    Undeveloped coastal areas, such as wetlands, bays and 
estuaries, barrier islands and maritime forests and meadows, 
are important both to humans and to resident and migratory 
wildlife. These natural areas shield us from coastal storms, 
facilitate flood control, filter pollutants to maintain water 
quality, and provide access to waterfront areas for recreation. 
Coastal habitats also shelter fish and shellfish that are 
important to commercial and recreational fisheries, and provide 
nesting, foraging and layover areas for many coastal birds. 
These unique areas in addition sustain numerous animal and 
plant species, including many rare, threatened and endangered 
species of plants and wildlife. Unfortunately, many of the 
nation's coastal areas are under increasing pressures from 
population growth and related development. For example, more 
than half of the population of the United States lives in 
coastal counties, yet these counties comprise just 17 percent 
of the nation's land area. Furthermore, the rate of land 
consumption or conversion in coastal metropolitan areas is four 
or more times greater than the population growth rate. The 
pressures from growth include increased solid waste production, 
higher volumes of urban and suburban non-point runoff, loss of 
green space and wildlife habitat, declines in ambient water 
quality, and increased demands on wastewater treatment, potable 
water, and energy supplies. These pressures adversely affect 
the quality of coastal and marine waters, degrade or fragment 
associated wildlife habitat, and reduce available open space.
    In order to address the present and growing scarcity of 
coastal open space and wildlife habitat and to preserve future 
opportunities for coastal outdoor recreation, Congress directed 
the Secretary of Commerce to establish a Coastal and Estuarine 
Land Conservation Program (CELCP) as part of the Commerce, 
Justice, and State Appropriations Act of 2002 (Public Law 107-
77). This program, administered by the National Oceanic and 
Atmospheric Administration (NOAA), was created ``for the 
purpose of protecting important coastal and estuarine areas 
that have significant conservation, recreation, ecological, 
historical, or aesthetic values, or that are threatened by 
conversion from their natural or recreational states to other 
uses.'' CELCP provides voluntary matching grants to eligible 
state coastal management agencies and local governments to 
acquire property or conservation easements from willing sellers 
within a state's coastal zone or coastal watershed boundary. 
NOAA administers the CELCP program based on guidelines 
published in the Federal Register in 2003. These guidelines 
established the eligibility as well as the procedural and 
programmatic requirements for CELCP, including criteria for 
financial assistance. The guidelines also outlined the criteria 
and process for developing state coastal and estuarine land 
conservation plans and specified a national competitive 
nominating process for selecting final projects. Between 2002 
and 2007, CELCP spent nearly $200 million to support more than 
150 projects in 25 coastal states and territories which has 
protected more then 35,000 acres of land.
    Although subsequent appropriations bills have reauthorized 
funding for CELCP, the program remains at risk of cancellation 
without a formal statutory authorization. In addition, in its 
2004 report, the U.S. Commission on Ocean Policy formally 
recommended amending the Coastal Zone Management Act (16 U.S.C. 
1451 et seq.) to authorize a dedicated funding program, such as 
CELCP, for coastal and estuarine habitat conservation.

                            Committee Action

    H.R. 1907 was introduced on April 18, 2007 by Rep. James 
Saxton (R-NJ). The bill was referred to the Committee on 
Natural Resources, and within the Committee to the Subcommittee 
on Fisheries, Wildlife and Oceans. On October 24, 2007, the 
Subcommittee held a hearing on the bill. All the witnesses at 
the hearing testified in support of the legislation, including 
representatives of the Administration and the Coastal States 
Organization.
    On February 13, 2008, the Subcommittee met to mark up the 
bill. Rep. Saxton offered an amendment in the nature of a 
substitute, which made several technical and clarifying 
changes, including changing the short title of the bill and 
revising it to amend the appropriate section (1456(d)) of the 
Coastal Zone Management Act. The amendment struck all findings 
and revised section 3 to authorize the Secretary to conduct a 
program, as opposed to establish a new program, and specified 
that all CELCP grants will further the goals of state coastal 
land acquisition plans. The amendment also clarified the 
conditions by which lands could be used to satisfy federal 
matching fund requirements, and authorized to appropriate $60 
million per year for the period between Fiscal Years 2009 and 
2013. The amendment was adopted by voice vote. The bill was 
then forwarded as amended to the Full Committee by voice vote.
    On June 25, 2008, the Full Natural Resources Committee met 
to consider the bill. Rep. Saxton offered another amendment in 
the nature of a substitute to insert new provisions to protect 
private property rights, to hold harmless existing legal 
authorities applying to government access to private property 
and regulation of land use, and to insert a new limitation on 
grant eligibility to coastal states with a coastal population 
of at least 85 people per square mile. The amendment was 
adopted by voice vote. The bill, as amended, was then ordered 
favorably reported to the House of Representatives by voice 
vote.

                      Section-by-Section Analysis


Section 1. Short title

    This section provides that the Act may be cited as the 
``Coastal and Estuarine Land Conservation Program Act.''

Section 2. Authorization of Coastal and Estuarine Land Conservation 
        Program

    Subsection (a) would amend the Coastal Zone Management Act 
(16 U.S.C. 1451 et seq.) to insert a new section 307A to 
authorize the Secretary of Commerce to conduct a Coastal and 
Estuarine Land Conservation Program, in cooperation with 
appropriate state, regional and other units of government, for 
the purposes of protecting important coastal and estuarine 
areas that have significant conservation value, are threatened 
by conversion from their natural, undeveloped state, or could 
be managed or restored to improve ecological function in a 
coastal area.
    Subsection (b) would authorize the Secretary to make grants 
to coastal states with federally-approved coastal zone 
management plans or to reserves within the National Estuarine 
Research Reserve System (NERRS) to acquire property to further 
the goals of state or regional plans or management plans within 
the NERRS.
    Subsection (c) would direct the Secretary to allocate funds 
to coastal states or to National Estuarine Research Reserves 
through a competitive grant process; eligible coastal states 
and reserves would be authorized to subsequently allocate 
grants to local governments or other eligible entities. The 
Secretary would be required to provide program guidelines 
developed in consultation with state coastal zone management 
programs and relevant NERRS reserves. Each participating 
coastal state would be required to identify priority 
conservation needs, the values to be protected and the threats 
to those values, and ensure that land acquisition does not 
impact working waterfront needs. Grant applicants would be 
required to identify values to be protected, planned management 
activities, and other landowner information relevant to 
administration and management of the land. Grant awards would 
be based on demonstrated need for protection and ability to 
leverage non-federal funds from participating entities, and 
priority would be given to lands having significant ecological 
value that also can be effectively protected and managed. 
Lastly, the Secretary would be required to develop performance 
measures to evaluate program effectiveness and report 
triennially to the Congress.
    Subsection (d) would limit the award of grants only to 
projects that are used to purchase lands from willing sellers, 
that are conducted on a voluntary basis, or create any 
liability or have any effect on liability under any other law.
    Subsection (e) would state further that nothing in the 
legislation would require private property owner participation, 
require a property owner to allow public access to private 
property, or modify any existing law regarding public access to 
private property except as allowed by voluntary agreement by 
the property owner.
    Subsection (f) would hold harmless existing governmental 
authorities to regulate land use.
    Subsection (g) would require all grants to meet a 1:1 
federal to non-federal matching funds requirement. The 
Secretary would be allowed to waive match requirements for 
under-served communities, low income communities, or for other 
reasons the Secretary deems appropriate. Funding from other 
federal sources may be applied to the overall cost of a 
project, and the sources of matching funds would include the 
value of land or a conservation easement, costs associated with 
land acquisition, land management planning, remediation, 
restoration or enhancement, or in-kind contributions. Any grant 
recipient who elects to use land or an interest in land to 
satisfy match requirements must demonstrate that the property 
will satisfy the same requirements as the lands to be acquired 
with the grant.
    Subsection (h) would reserve no less than fifteen percent 
of funds made available to support acquisitions benefitting the 
National Estuarine Research Reserve System.
    Subsection (i) would limit the Secretary's annual 
administrative expenses to no more than five percent of the 
funds made available, and the Secretary would be required to 
report to the Congress triennially on all expenditures.
    Subsection (j) would require grant recipients to assure the 
Secretary that properties acquired will be held by the grant 
recipient or other appropriate public agency in perpetuity, 
that these lands will be managed in a manner consistent with 
the purposes of this Act, and should the property be sold, 
exchanged or divested in the future, that funds equal to the 
current value will be returned to the Secretary for 
redistribution in the grant process.
    Subsection (k) sets out the requirements for property used 
as a non-federal match.
    Subsection (l) defines the terms ``conservation easement'', 
and ``interest in property''.
    Subsection (m) would limit eligibility to coastal states 
with a coastal population of at least 85 people per square 
mile, and would require the calculation of population density 
to utilize the most recent Census Bureau numbers for coastal 
counties located entirely or partially within a state's legally 
defined coastal zone. Although Members raised questions at the 
Committee's markup regarding the precise geographic scope of 
this provision limiting eligibility based on coastal population 
density, answers for which by the amendment's sponsor remained 
inconclusive, the effect of the provision is to make at least 
four states ineligible for participation in CELCP (Alaska, 
Oregon, Maine and Minnesota).
    Subsection (n) would authorize to be appropriated $60 
million per year for the period between Fiscal Years 2009 
through 2013.

            Committee Oversight Findings and Recommendations

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Natural Resources' oversight findings and 
recommendations are reflected in the body of this report.

                   Constitutional Authority Statement

    Article I, section 8 of the Constitution of the United 
States grants Congress the authority to enact this bill.

                    Compliance With House Rule XIII

    1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the 
Rules of the House of Representatives requires an estimate and 
a comparison by the Committee of the costs which would be 
incurred in carrying out this bill. However, clause 3(d)(3)(B) 
of that rule provides that this requirement does not apply when 
the Committee has included in its report a timely submitted 
cost estimate of the bill prepared by the Director of the 
Congressional Budget Office under section 402 of the 
Congressional Budget Act of 1974.
    2. Congressional Budget Act. As required by clause 3(c)(2) 
of rule XIII of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, this 
bill does contain new budget authority, spending authority, 
credit authority, or an increase or decrease in revenues or tax 
expenditures.
    3. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of rule XIII, the general performance goal or 
objective of this bill, as ordered reported, is to authorize 
the acquisition of land and interests in land from willing 
sellers to improve the conservation of, and to enhance the 
ecological values and functions of, coastal and estuarine areas 
to benefit both the environment and the economies of coastal 
communities, and for other purposes.
    4. Congressional Budget Office Cost Estimate. Under clause 
3(c)(3) of rule XIII of the Rules of the House of 
Representatives and section 403 of the Congressional Budget Act 
of 1974, the Committee has received the following cost estimate 
for this bill from the Director of the Congressional Budget 
Office:

H.R. 1907--Coastal and Estuarine Land Conservation Program Act

    Summary: H.R. 1907 would direct the National Oceanic and 
Atmospheric Administration (NOAA) to establish a program to 
protect land near coastal areas and estuaries. Under the 
program, NOAA would make grants to coastal states that wish to 
purchase eligible lands or other property interests. For that 
purpose, the bill would authorize the appropriation of $60 
million for each of fiscal years 2009 through 2013.
    Assuming appropriation of the authorized amounts, CBO 
estimates that carrying out the proposed grant program would 
cost $240 million over the 2009-2013 period and $60 million 
after 2013. Enacting the bill would not affect direct spending 
or revenues.
    H.R. 1907 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA) 
and would impose no costs on state, local, or tribal 
governments.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of H.R. 1907 is shown in the following table. 
The costs of this legislation fall within budget function 300 
(natural resources and environment).


----------------------------------------------------------------------------------------------------------------
                                                                 By fiscal year, in millions of dollars--
                                                         -------------------------------------------------------
                                                            2009     2010     2011     2012     2013   2009-2013
----------------------------------------------------------------------------------------------------------------
                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATION

Authorization Level.....................................       60       60       60       60       60        300
Estimated Outlays.......................................       20       40       60       60       60        240
----------------------------------------------------------------------------------------------------------------

    Basis of estimate: For this estimate, CBO assumes that H.R. 
1907 will be enacted near the beginning of fiscal year 2009 and 
that the entire amount authorized will be appropriated for each 
of fiscal years 2009 through 2013. Estimated outlays are based 
on historical patterns for similar grants made by NOAA.
    Intergovernmental and private-sector impact: H.R. 1907 
contains no intergovernmental or private-sector mandates as 
defined in UMRA. The grant program authorized by the bill would 
require matching funds from participating governments. Any 
costs to those states, including matching funds, would result 
from complying with conditions for receiving federal 
assistance.
    Previous CBO estimate: On May 7, 2007, CBO transmitted a 
cost estimate for S. 1142, the Coastal and Estuarine Land 
Protection Act, as ordered reported by the Senate Committee on 
Commerce, Science, and Transportation on April 25, 2007. H.R. 
1907 and S. 1142 are very similar, but S. 1142 would authorize 
the appropriation of whatever amounts are necessary for the 
proposed grant program for each of fiscal years 2008 through 
2012, while H.R. 1907 would authorize the appropriation of $60 
million for that purpose for each of fiscal years 2009 through 
2013.
    Estimate prepared by: Federal costs: Deborah Reis. Impact 
on State, local, and tribal Governments: Melissa Merrell. 
Impact on the private sector: MarDestinee C. Perez.
    Estimate approved by: Peter H. Fontaine, Assistant Director 
for Budget Analysis.

                    Compliance With Public Law 104-4

    This bill contains no unfunded mandates.

                           Earmark Statement

    H.R. 1907 does not contain any congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined in 
clause 9(d), 9(e) or 9(f) of rule XXI.

                Preemption of State, Local or Tribal Law

    This bill is not intended to preempt any State, local or 
tribal law.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (new matter is 
printed in italic and existing law in which no change is 
proposed is shown in roman):

                  COASTAL ZONE MANAGEMENT ACT OF 1972

TITLE III--MANAGEMENT OF THE COASTAL ZONE

           *       *       *       *       *       *       *


  Sec. 307A.  (a) In General.--The Secretary may conduct a 
Coastal and Estuarine Land Conservation Program, in cooperation 
with appropriate State, regional, and other units of 
government, for the purposes of protecting important coastal 
and estuarine areas that have significant conservation, 
recreation, ecological, historical, or aesthetic values, or 
that are threatened by conversion from their natural, 
undeveloped, or recreational state to other uses or could be 
managed or restored to effectively conserve, enhance, or 
restore ecological function. 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 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 this title;
          (2) a National Estuarine Research Reserve management 
        plan;
          (3) a regional or State watershed protection or 
        management plan involving coastal states with approved 
        coastal zone management programs; or
          (4) a State coastal land acquisition plan that is 
        consistent with an approved coastal zone management 
        program.
  (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 coastal 
        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 section (if different from the 
        coastal zone management program).
          (2) Each participating coastal state, after 
        consultation with local governmental entities and other 
        interested stakeholders, 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 coastal state shall to the 
        extent practicable ensure that the acquisition of 
        property or easements shall not 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, or the lead agency designated by 
        the governor for coordinating the implementation of 
        this section, where appropriate in consultation with 
        the appropriate local government, 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 value.
          (8) In developing guidelines under this section, the 
        Secretary shall consult with coastal states, other 
        Federal agencies, and other interested stakeholders 
        with expertise in land acquisition and conservation 
        procedures.
          (9) Eligible coastal states or National Estuarine 
        Research Reserves may allocate grants to local 
        governments or agencies eligible for assistance under 
        section 306A(e).
          (10) 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 
        triennially.
          (11) For projects that rank equally under the 
        guidelines, priority shall be given to projects that 
        leverage a higher percentage of non-Federal matching 
        funds.
  (d) Limitations.--
          (1) A grant awarded under this section may be used to 
        purchase land or an interest in land, including an 
        easement, only from a willing seller.
          (2) All acquisitions of land with a grant under this 
        section shall be made in a voluntary manner and shall 
        not be the result of a forced taking.
          (3) Any interest in land, including any easement, 
        acquired with a grant under this section shall not be 
        considered to create any liability, or have any effect 
        on liability under any other law, of any private 
        property owner with respect to any person injured on 
        the private property.
  (e) Private Property Protections.--Nothing in this title--
          (1) requires a private property owner to participate 
        in the program under this section;
          (2) requires any private property owner to allow 
        public access (including Federal, State, or local 
        government access) to the private property; or
          (3) modifies the application of any provision of 
        Federal, State, or local law with regard to public 
        access to or use of private property, except as 
        provided by a voluntary agreement entered into by the 
        owner or custodian of the property.
  (f) Recognition of Authority to Control Land Use.--Nothing in 
this title modifies the authority of Federal, State, or local 
governments to regulate land use.
  (g) 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) Cost share requirement.--
                  (A) In general.--Grant funds under the 
                program shall require a 100 percent match from 
                other non-Federal sources.
                  (B) Waiver of requirement.--The Secretary may 
                grant a waiver of 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 and consistent 
                with the purposes of the program.
          (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 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 by a project applicant as 
                non-Federal match, if the Secretary determines 
                that--
                          (i) the land meets the criteria set 
                        forth in section 2(b) and is acquired 
                        in the period beginning 3 years before 
                        the date of the submission of the grant 
                        application and ending 3 years after 
                        the date of the award of the grant;
                          (ii) the value of the land or 
                        easement is held by a non-governmental 
                        organization included in the grant 
                        application in perpetuity for 
                        conservation purposes of the program; 
                        and
                          (iii) the land or easement is 
                        connected either physically or through 
                        a conservation planning process to the 
                        land or easement that would be 
                        acquired.
                  (B) The appraised value of the land or 
                conservation easement at the time of the grant 
                closing will be considered and applied as the 
                non-Federal cost share.
                  (C) 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.
  (h) 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 
benefitting National Estuarine Research Reserves.
  (i) 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 triennially thereafter.
  (j) Title and Management of Acquired Property.--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--
          (1) such assurances as the Secretary may require 
        that--
                  (A) the title to the property will be held by 
                the grant recipient or another 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 current value will be returned to the 
                Secretary in accordance with applicable Federal 
                law for redistribution in the grant process; 
                and
          (2) certification that the property (including any 
        interest in land) will be acquired from a willing 
        seller.
  (k) Requirement for Property Used for Non-Federal Match.--If 
the grant recipient elects to use any land or interest in land 
held by a non-governmental organization as a non-Federal match 
under subsection (g), the grant recipient must to the 
Secretary's satisfaction demonstrate in the grant application 
that such land or interest will satisfy the same requirements 
as the lands or interests in lands acquired under the program.
  (l) Definitions.--In this section:
          (1) 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 
        section 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.
          (2) Interest in property.--The term ``interest in 
        property'' includes a conservation easement.
  (m) Application.--Only States with coastal populations with 
at least 85 people per square mile may be eligible for grants 
under this program. For purposes of this subsection, coastal 
population shall be calculated using the most recent Census 
Bureau numbers for the population of coastal counties that are 
wholly or partially within the State's legally defined coastal 
zones.
  (n) Authorization of Appropriations.--There are authorized to 
be appropriated to the Secretary to carry out this section 
$60,000,000 for each of fiscal years 2009 through 2013.

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