[Senate Report 110-78]
[From the U.S. Government Publishing Office]



110th Congress 
 1st Session                     SENATE                          Report
                                                                 110-78
_______________________________________________________________________

                                     

                                                       Calendar No. 190

               COASTAL AND ESTUARINE LAND PROTECTION ACT

                               __________

                              R E P O R T

                                 OF THE

           COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

                                   on

                                S. 1142



                                     

         DATE deg.June 5, 2007.--Ordered to be printed
       SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
                       one hundred tenth congress
                             first session

                   DANIEL K. INOUYE, Hawaii, Chairman
                   TED STEVENS, Alaska, Vice-Chairman
JOHN D. ROCKEFELLER IV, West         JOHN McCAIN, Arizona
    Virginia                         TRENT LOTT, Mississippi
JOHN F. KERRY, Massachusetts         KAY BAILEY HUTCHISON, Texas
BYRON L. DORGAN, North Dakota        OLYMPIA J. SNOWE, Maine
BARBARA BOXER, California            GORDON H. SMITH, Oregon
BILL NELSON, Florida                 JOHN ENSIGN, Nevada
MARIA CANTWELL, Washington           JOHN E. SUNUNU, New Hampshire
FRANK R. LAUTENBERG, New Jersey      JIM DEMINT, South Carolina
MARK PRYOR, Arkansas                 DAVID VITTER, Louisiana
THOMAS CARPER, Delaware              JOHN THUNE, South Dakota
CLAIRE McCASKILL, Missouri
AMY KLOBUCHAR, Minnesota
          Margaret Cummisky, Staff Director and Chief Counsel
         Lila Helms, Deputy Staff Director and Policy Director
     Christine Kurth, Republican Staff Director and General Counsel
  Kenneth Nahigian, Republican Deputy Staff Director and Chief Counsel
                                                       Calendar No. 190
110th Congress                                                   Report
                                 SENATE
 1st Session                                                     110-78

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



 
               COASTAL AND ESTUARINE LAND PROTECTION ACT

                                _______
                                

                  June 5, 2007.--Ordered to be printed

                                _______
                                

       Mr. Inouye, from the Committee on Commerce, Science, and 
                Transportation, submitted the following

                              R E P O R T

                         [To accompany S. 1142]

    The Committee on Commerce, Science, and Transportation, to 
which was referred the bill joint resolution deg. (S. 
1142) TITLE deg. to authorize the acquisition of 
interests in undeveloped coastal areas in order better to 
ensure their protection from development, having considered the 
same, reports favorably thereon without an amendment and 
recommends that the bill joint resolution deg. do 
pass.

                          Purpose of the Bill

  The purpose of S. 1142, the Coastal and Estuarine Land 
Protection Act, is to establish a Coastal and Estuarine Land 
Protection Program within the National Oceanic and Atmospheric 
Administration (NOAA), and to authorize appropriations for such 
a program for fiscal years 2008 through 2012.

                          Background and Needs

  Estuaries, wetlands, and the watersheds that flow into them 
support fisheries and wildlife and substantially contribute to 
coastal economies. These areas are critical to many life cycles 
of organisms and help improve surface water quality by 
filtering out wastes. The pressures of urbanization and 
pollution in coastal areas threaten to impair watersheds, 
undermine natural protections from coastal storms, impact 
wildlife habitat, and cause irreparable damage to coastal 
ecology.
  Studies have shown that the abundance and diversity of 
aquatic species decline when the amount of impervious surface 
increases beyond about 10 percent. As our population grows, 
more and more people are moving to our coasts to enjoy their 
beauty and recreational opportunities. By 2010, an estimated 60 
percent of Americans will live along our coasts, which 
represent less than 17 percent of our land area, excluding 
Alaska. Approximately 3,000 people move to coastal areas every 
day; 10 of the Nation's 15 largest cities are coastal; and 
coastal areas are five times more densely populated than the 
interior of the country. Coastal tourism and recreation account 
for about 85 percent of all tourism in the United States.
  The Coastal Zone Management Act of 1972 (CZMA) was enacted to 
provide clear policy objectives for States to establish 
coordinated coastal zone management programs and to help 
balance coastal development with preservation. This program has 
proven to be a successful partnership between the Federal 
government and the States, and 34 of the 35 coastal States have 
established approved programs to help preserve and utilize 
their coastal resources. However, CZMA grants do not generally 
provide sufficient support for land conservation projects.
  Coastal land protection partnership programs increasingly 
have gained popularity throughout the Nation as a means of 
meeting a number of diverse priorities: promoting recreation, 
increasing wildlife, improving or conserving ecological quality 
and diversity, and preserving historical or cultural resources. 
Partnership programs among the Federal government, State 
agencies, local governments, private landowners, and non-
profits can be effective management tools. These programs have 
been funded annually through the Congressional appropriations 
process, and only some smaller programs have authorizing 
legislation. The Forest Legacy Program administered by the 
Secretary of Agriculture demonstrates the effectiveness of 
leveraging Federal assistance for State and local land 
acquisition projects, but the majority of funds provided by 
this program are distributed to non-coastal states.

                         Summary of Provisions

  S. 1142 would direct the Secretary of Commerce, through NOAA, 
to create a Coastal and Estuarine Land Protection Program to 
protect important coastal and estuarine areas that have 
significant conservation, recreation, ecological, historical, 
aesthetic, or watershed protection values, and that are 
threatened by conversion to other uses.
  To carry out this program, the Secretary would be authorized 
to make competitive grants to coastal States with either 
approved coastal zone management plans or National Estuarine 
Research Reserves (NERRs), for the purpose of acquiring 
property or interests in property. Eligible States would submit 
proposals for areas of priority to the State. Awards would be 
based on the demonstrated need for protection, ability to 
effectively manage and protect the land, and ability to 
leverage the matching share of non-Federal funds among 
participating entities, including regional organizations, 
private landowners, corporations, or private organizations such 
as land trusts. All lands purchased through grants awarded 
under this Act would be acquired from willing sellers. States 
could allocate grants to local governments or agencies that are 
eligible for assistance under section 306A of the CZMA (16 
U.S.C. 1455a).
  S. 1142 would provide for a Federal-non-Federal match 
requirement, setting the maximum Federal cost share at 75 
percent. This is the same match ratio that was included in the 
Forest Legacy Program of the United States Forest Service, on 
which the Coastal and Estuarine Land Protection Program is 
modeled. The bill would provide for certain circumstances under 
which the non-Federal share could be waived and would establish 
eligibility criteria for the non-Federal share. The value of 
land that is held by nongovernmental entities would be 
permitted to be used for this purpose if it is held in 
perpetuity by a qualified conservation organization.
  S. 1142 would authorize appropriations of such sums as may be 
necessary for fiscal years 2008 through 2012. This funding 
level would account for the cost of coastal lands and allow 
flexibility to address variations in the availability of land 
parcels from year to year. Up to five percent of the funds made 
available to the Secretary could be used for planning or 
administration of the program.

                          Legislative History

  S. 1142 was introduced in the Senate on April 18, 2007, by 
Senator Gregg, along with 16 original cosponsors, and referred 
to the Senate Committee on Commerce, Science, and 
Transportation. On April 25, 2007, the Committee considered the 
bill in an open executive session. The Committee, without 
objection, ordered S. 1142 be reported as introduced.

                            Estimated Costs

  In accordance with paragraph 11(a) of rule XXVI of the 
Standing Rules of the Senate and section 403 of the 
Congressional Budget Act of 1974, the Committee provides the 
following cost estimate, prepared by the Congressional Budget 
Office:
S. 1142--Coastal and Estuarine Land Protection Act
    Summary: S. 1142 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 this 
purpose, the bill would authorize the appropriation of whatever 
amounts are necessary for each of fiscal years 2008 through 
2012.
    Assuming appropriation of the necessary amounts, CBO 
estimates that carrying out the grant program authorized by S. 
1142 would cost NOAA $35 million in 2008 and $400 million over 
the 2008-2012 period. (An additional $100 million would be 
spent after 2012.) Enacting the bill would not affect direct 
spending or revenues.
    S. 1142 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA). 
The bill would benefit states and local governments along the 
coasts; any costs they incur would result from complying with 
conditions for receiving Federal assistance.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of S. 1142 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--
                                 ---------------------------------------
                                   2008    2009    2010    2011    2012
------------------------------------------------------------------------
                    SPENDING SUBJECT TO APPROPRIATION

Estimated Authorization Level...     100     100     100     100     100
Estimated Outlays...............      35      65     100     100     100
------------------------------------------------------------------------


    Basis of estimate: For this estimate, CBO assumes that S. 
1142 will be enacted by the end of fiscal year 2007 and that 
the entire amounts estimated to be necessary to carry out the 
bill will be appropriated for each of fiscal years 2008 through 
2012. Estimated outlays are based on historical patterns for 
similar grants made by NOAA.
    Based on information provided by NOAA, CBO estimates that 
the agency would need about $100 million annually to implement 
S. 1142. About 5 percent of this amount would be used to 
administer the grant program. The balance would be used to 
provide between 40 to 60 grants a year to states for land 
acquisition projects. This estimate is based on the number and 
size of proposals received by the agency under a very similar 
grant program that it has conducted under authority provided in 
annual appropriations acts since 2002.
    Intergovernmental and private-sector impact: S. 1142 
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. Coastal 
states would be able to allocate a portion of the grant funds 
received under the program to qualified local entities, 
including local governments, to further their coastal 
management programs. Any costs to those states, including 
matching funds, would result from complying with conditions for 
receiving Federal assistance.
    Estimate prepared by: Federal Costs: Deborah Reis; Impact 
on State, Local, and Tribal Governments: Lisa Ramirez-Branum; 
Impact on the Private Sector: Craig Cammarata.
    Estimate approved by: Peter H. Fontaine, Deputy Assistant 
Director for Budget Analysis.

                      Regulatory Impact Statement

  In accordance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee provides the 
following evaluation of the regulatory impact of the 
legislation, as reported:

                       NUMBER OF PERSONS COVERED

  S. 1142 as reported by the Committee would authorize 
appropriations to continue and expand existing NOAA programs 
and make a number of changes to current law. The bill would 
have little, if any, regulatory impact.

                            ECONOMIC IMPACT

  The bill, as reported, would authorize appropriations of such 
sums as may be necessary for fiscal years 2008 through 2012 for 
NOAA to carry out the purposes of the bill. The bill would not 
be expected to have a significant impact on the Nation's 
economy.

                                PRIVACY

  The reported bill would have little, if any, impact on the 
personal privacy of United States citizens.

                               PAPERWORK

  The reported bill would not increase paperwork requirements 
for the private sector. Those States that apply for Federal 
grants under the Coastal and Estuarine Land Protection Program 
likely would increase their written communications, data 
management, and technical expertise capacity related to coastal 
and estuarine land management.

                      Section-by-Section Analysis

Section 1. Short title
  This section specifies that the title of the bill is the 
``Coastal and Estuarine Land Protection Act.''
Section 2. Findings
  This section of the bill recognizes the national importance 
of coastal and estuarine areas, the need for protection of 
these areas, and the role of land acquisition from willing 
sellers as a cost-effective means to conserve these important 
areas.
Section 3. Establishment of program
  This section would direct the Secretary of Commerce to create 
a Coastal and Estuarine Land Protection Program to protect 
important coastal and estuarine areas that have significant 
conservation, recreation, ecological, historical, aesthetic, or 
watershed protection values, and that are threatened by 
conversion to other uses.
  This section would authorize the Secretary to make 
competitive grants to coastal States with either approved 
coastal zone management plans or NERRs, for the purpose of 
acquiring property or interests in property. Eligible States 
would submit proposals for areas of priority to the State. At 
least 15 percent of the funds would be reserved for 
acquisitions that benefit NERRs. Awards would be based on the 
demonstrated need for protection, ability to effectively manage 
and protect the land, and ability to leverage the matching 
share of non-Federal funds among participating entities, 
including regional organizations, private landowners, 
corporations, or private organizations such as land trusts. All 
lands purchased through grants awarded under this Act would be 
acquired from willing sellers. States could allocate grants to 
local governments or agencies that are eligible for assistance 
under section 306A of the CZMA (16 U.S.C. 1455a).
  The bill would provide for a Federal-non-Federal match 
requirement, setting the maximum Federal cost share at 75 
percent. This is the same match ratio that was included in the 
Forest Legacy Program of the United States Forest Service, on 
which the Coastal and Estuarine Land Protection Program is 
modeled. The bill would provide for certain circumstances under 
which the non-Federal share could be waived and would establish 
eligibility criteria for the non-Federal share. The value of 
land that is held by nongovernmental entities would be 
permitted to be used for this purpose if it is held in 
perpetuity by a qualified conservation organization.
  The bill would authorize appropriations for the Coastal and 
Estuarine Land Protection Program of such sums as may be 
necessary for fiscal years 2008 through 2012. Up to five 
percent of the funds made available to the Secretary could be 
used for planning or administration of the program.

                        Changes in Existing Law

  In compliance with paragraph 12 of rule XXVI of the Standing 
Rules of the Senate, the Committee states that the bill as 
reported would make no change to existing law.

                                  
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