[Congressional Bills 110th Congress]
[From the U.S. Government Printing Office]
[H.R. 1907 Placed on Calendar Senate (PCS)]
Calendar No. 1111
110th CONGRESS
2d Session
H. R. 1907
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 23 (legislative day, September 17), 2008
Received
October 2 (legislative day, September 17), 2008
Read twice and placed on the calendar
_______________________________________________________________________
AN ACT
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.
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
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 complement 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)(A) Priority shall be given to lands described in
subsection (a) that can be effectively managed and protected
and that have significant ecological value.
``(B) Of the projects that meet the standard in
subparagraph (A), priority shall be given to lands that--
``(i) are under an imminent threat of conversion to
a use that will degrade or otherwise diminish their
natural, undeveloped, or recreational state; and
``(ii) serve to mitigate the adverse impacts caused
by coastal population growth in the coastal
environment.
``(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.
``(d) Limitations and Private Property Protections.--
``(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. Any such purchase shall not be the
result of a forced taking under this section. Nothing in this
section requires a private property owner to participate in the
program under this section.
``(2) Any interest in land, including any easement,
acquired with a grant under this section shall not be
considered to create any new 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.
``(3) Nothing in this section requires a private property
owner to provide access (including Federal, State, or local
government access) to or use of private property unless such
property or an interest in such property (including a
conservation easement) has been purchased with funds made
available under this section.
``(e) Recognition of Authority to Control Land Use.--Nothing in
this title modifies the authority of Federal, State, or local
governments to regulate land use.
``(f) 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.
``(g) 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.
``(h) 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.
``(i) 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.
``(j) 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.
``(k) 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.
``(l) 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.''.
Passed the House of Representatives September 22, 2008.
Attest:
LORRAINE C. MILLER,
Clerk.
Calendar No. 1111
110th CONGRESS
2d Session
H. R. 1907
_______________________________________________________________________
AN ACT
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.
_______________________________________________________________________
October 2 (legislative day, September 17), 2008
Read twice and placed on the calendar