[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 861 Reported in Senate (RS)]
Calendar No. 297
108th CONGRESS
1st Session
S. 861
[Report No. 108-158]
To authorize the acquisition of interests in undeveloped coastal areas
in order better to ensure their protection from development.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 10, 2003
Mr. Hollings (for himself, Mr. Gregg, Mr. Kerry, Ms. Snowe, Mr. Inouye,
Mr. Reed, Mr. Breaux, Mr. DeWine, Mr. Sarbanes, Mr. Biden, Mr. Kennedy,
Ms. Mikulski, Mr. Cochran, Mrs. Murray, Mr. Corzine, Ms. Collins, Mr.
Dodd, Mr. Levin, Mr. Nelson of Florida, Mr. Wyden, Mr. Lieberman, Mrs.
Feinstein, Mr. Lautenberg, Ms. Cantwell, Mr. Chafee, and Ms. Landrieu)
introduced the following bill; which was read twice and referred to the
Committee on Commerce, Science, and Transportation
October 1, 2003
Reported by Mr. McCain, with an amendment
[Omit the part struck through and insert the part printed in italic]
_______________________________________________________________________
A BILL
To authorize the acquisition of interests in undeveloped coastal areas
in order better to ensure their protection from development.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Coastal and Estuarine Land
Protection Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Coastal and estuarine areas provide important nursery
habitat for two-thirds of the Nation's commercial fish and
shellfish, provide nesting and foraging habitat for coastal
birds, harbor significant natural plant communities, and serve
to facilitate coastal flood control and pollutant filtration.
(2) The Coastal Zone Management Act of 1972 (16 U.S.C. 1451
et seq.) recognizes the national importance of these areas and
their ecological vulnerability to anthropogenic activities by
establishing a comprehensive Federal-State partnership for
protecting natural reserves and managing growth in these areas.
(3) The National Estuarine Research Reserve system
established under that Act relies on the protection of pristine
designated areas for long-term protection and for the conduct
of education and research critical to the protection and
conservation of coastal and estuarine resources.
(4) Intense development pressures within the coastal zone
are driving the need to provide coastal managers with a wider
range of tools to protect and conserve important coastal and
estuarine areas.
(5) Protection of undeveloped coastal lands through the
acquisition of interests in property from a willing seller are
a cost-effective means of providing these areas with permanent
protection from development.
(6) Permanent protection of lands in the coastal zone is a
necessary component of any program to maintain and enhance
coastal and estuarine areas for the benefit of the Nation,
including protection of water quality, access to public
beachfront, conserving wildlife habitat, and sustaining sport
and commercial fisheries.
(7) Federal-State-nongovernmental organization pilot land
acquisition projects have already substantially contributed to
the long-term health and viability of coastal and estuarine
systems.
(8) Enhanced protection of estuarine and coastal areas can
be attained through watershed-based acquisition strategies
coordinated through Federal, State, regional, and local
efforts.
SEC. 3. ESTABLISHMENT OF COASTAL AND ESTUARINE LAND PROTECTION PROGRAM.
(a) In General.--The Secretary of Commerce shall establish a
Coastal and Estuarine Land Protection Program, in cooperation with
appropriate State, regional, and other units of government for the
purposes of protecting the environmental integrity of important coastal
and estuarine areas, including wetlands and forests, that have
significant conservation, recreation, ecological, historical, or
aesthetic values, and that are threatened by conversion from their
natural, undeveloped, or recreational state to other uses. The program
shall be administered by the National Ocean Service of the National
Oceanic and Atmospheric Administration through the Office of Ocean and
Coastal Resource Management.
(b) Property Acquisition Grants.--The Secretary shall make grants
under the program to coastal States, except coastal States that have
lost less than 1 percent of their wetlands to development or conversion
to other land uses by the date of enactment of this Act, with approved
coastal zone management plans or National Estuarine Research Reserve
units for the purpose of acquiring property or interests in property
described in subsection (a) that will further the goals of--
(1) a Coastal Zone Management Plan or Program approved
under the Coastal Zone Management Act of 1972 (16 U.S.C. 1451
et seq.); or
(2) a National Estuarine Research Reserve management plan;
or
(3) a regional or State watershed protection plan involving
coastal States with approved coastal zone management plans.
(c) Grant Process.--The Secretary shall allocate funds to coastal
States or National Estuarine Research Reserves under this section
through a competitive grant process in accordance with guidelines that
meet the following requirements:
(1) The Secretary shall consult with the State's coastal
zone management program, any National Estuarine Research
Reserve in that State, and the lead agency designated by the
Governor for coordinating the establishment and implementation
of this Act (if different from the coastal zone management
program).
(2) Each participating State shall identify priority
conservation needs within the State, the values to be protected
by inclusion of lands of the program, and the threats to those
values that should be avoided.
(3) Each participating State shall evaluate how the
acquisition of property or easements might impact working
waterfront needs.
(4) The applicant shall identify the values to be protected
by inclusion of the lands in the 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) Applications must be determined to be consistent with
the State's or territory's approved coastal zone plan, program
and policies prior to submittal to the Secretary.
(7) Priority shall be given to lands described in
subsection (a) that can be effectively managed and protected
and that have significant ecological or watershed protection
value.
(8) In developing guidelines under this section, the
Secretary shall consult with other Federal agencies and non-
governmental entities expert in land acquisition and
conservation procedures.
(9) Eligible States or National Estuarine Research Reserves
may allocate grants to local governments or agencies eligible
for assistance under section 306A(e) of the Coastal Zone
Management Act of 1972 (16 U.S.C. 1455a) and may acquire
lands in cooperation with nongovernmental entities and Federal
agencies.
(10) The Secretary shall develop performance measures that
will allow periodic evaluation of the program's effectiveness
in meeting the purposes of this section and such evaluation
shall be reported to Congress.
(d) Matching Requirements.--
(1) In general.--The Secretary may not make a grant under
the program unless the Federal funds are matched by non-Federal
funds in accordance with this subsection.
(2) Maximum federal share.--
(A) 75 percent federal funds.--No more than 75
percent of the funding for any grant under this section
shall be derived from Federal sources, unless such
requirement is specifically waived by the Secretary.
(B) Waiver of requirement.--The Secretary may grant
a waiver of the limitation in subparagraph (A) for
underserved communities, communities that have an
inability to draw on other sources of funding because
of the small population or low income of the community,
or for other reasons the Secretary deems appropriate.
(3) Other federal funds.--Where financial assistance
awarded under this section represents only a portion of the
total cost of a project, funding from other Federal sources may
be applied to the cost of the project. Each portion shall be
subject to match requirements under the applicable provision of
law.
(4) Source of matching cost share.--For purposes of
paragraph (2)(A), the non-Federal cost share for a project may
be determined by taking into account the following:
(A) Land value may be used as non-Federal match if
the lands are identified in project plans and acquired
within three years prior to the submission of the
project application or after the submission of a
project application until the project grant is closed (not to exceed 3
years). The appraised value of the land at the time of project closing
will be considered the non-Federal cost share.
(B) Costs associated with land acquisition, land
management planning, remediation, restoration, and
enhancement may be used as non-Federal match if the
activities are identified in the plan and expenses are
incurred within the period of the grant award. These
costs may include either case or in-kind contributions.
(e) Regional Watershed Demonstration Project.--The Secretary may
provide up to $5,000,000 for a regional watershed protection
demonstration project that will meet the requirements of this section,
and--
(1) leverages land acquisition funding from other Federal
land conservation or acquisition programs such that other
Federal contributions, at a minimum, equal the amounts provided
by the Secretary;
(2) involves partnerships from a broad spectrum of Federal,
State, and non-governmental entities;
(3) provides for the creation of conservation corridors and
preservation of unique coastal habitat;
(4) protects largely unfragmented habitat under imminent
threat of development or conversion;
(5) provides water quality protection for areas set aside
for research under the National Estuarine Research Reserve
program; and
(6) provides a model for future regional watershed
protection projects.
(f) Reservation of Funds for National Estuarine Research Reserve
Sites.--No less than 15 percent of funds made available under this
section shall be available for acquisitions benefiting National
Estuarine Research Reserve acquisitions.
(g) Limit on Administrative Costs.--No more than 5 percent of the
funds made available to the Secretary under this section shall be used
by the Secretary for planning or administration of the program. The
Secretary shall provide a report to Congress with an account of all
expenditures under this section for fiscal year 2004, fiscal year 2005,
and triennially thereafter.
(h) Title and Management of Acquired Property.--
(1) In general.--If any property is acquired in whole or in
part with funds made available through a grant under this
section, the grant recipient shall provide such assurances as
the Secretary may require that--
(A) the title to the property will be held by the
grant recipient or other appropriate public agency
designated by the recipient in perpetuity;
(B) the property will be managed in a manner that
is consistent with the purposes for which the land
entered into the program and shall not convert such
property to other uses; and
(C) if the property or interest in land is sold,
exchanged, or divested, funds equal to the correct
value will be returned to the Secretary, for re-
distribution in the grant process.
(2) Conservation easement.--In this subsection, the term
``conservation easement'' includes an easement, recorded deed,
or interest deed where the grantee acquires all rights, title,
and interest in a property, that do not conflict with the goals
of this Act except those rights, title, and interests that may
run with the land that are expressly reserved by a grantor and
are agreed to at the time of purchase.
(i) Definitions.--In this section, the term ``coastal State'' has
the meaning given that term by section 304(4) of the Coastal Zone
Management Act of 1972 (16 U.S.C. 1453(4)), and any other term used in
this section that is defined in section 304 of that Act has the meaning
given that term in that section.
(j) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary--
(1) $60,000,000 for each of fiscal years 2004 through
<DELETED>2007 </DELETED>2008 to carry out this section (other
than subsection (e)); and
(2) $5,000,000 for fiscal year 2004 to carry out subsection
(e), such sum to remain available without fiscal year
limitation.
SEC. 4. ASSISTANCE FROM OTHER AGENCIES.
Section 310(a) of the Coastal Zone Management Act of 1972 (16
U.S.C. 1456c(a)) is amended by striking ``any qualified person for the
purposes of carrying out this subsection.'' and inserting ``any other
Federal agencies (including interagency financing of Coastal America
activities) and any other qualified person for the purposes of carrying
out this section.''.
Calendar No. 297
108th CONGRESS
1st Session
S. 861
[Report No. 108-158]
_______________________________________________________________________
A BILL
To authorize the acquisition of interests in undeveloped coastal areas
in order better to ensure their protection from development.
_______________________________________________________________________
October 1, 2003
Reported with an amendment