[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3187 Introduced in House (IH)]
109th CONGRESS
1st Session
H. R. 3187
To authorize the acquisition of land and interests in land to improve
the conservation of, and to enhance the ecological values and functions
of, coastal watersheds and estuarine areas to benefit both the
environment and the economies of coastal communities, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 30, 2005
Mr. Saxton introduced the following bill; which was referred to the
Committee on Resources
_______________________________________________________________________
A BILL
To authorize the acquisition of land and interests in land to improve
the conservation of, and to enhance the ecological values and functions
of, coastal watersheds 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. FINDINGS.
Congress finds the following:
(1) Coastal and estuarine areas provide important nursery
habitat for two-thirds of the commercial fish and shellfish
populations of the United States, provide nesting and foraging
habitat for coastal birds, harbor significant natural plant
communities, and serve to facilitate coastal flood control and
pollutant filtration.
(2) Coastal and estuarine areas, in both urban and rural
settings, provide significant opportunities for recreational
and educational activities, including hunting and fishing,
boating, swimming, bird watching, wildlife observation,
restoration, and other activities.
(3) 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.
(4) The National Estuarine Research Reserve system
established under that Act relies on the protection of
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.
(5) 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, including protection of developed or
ecologically degraded areas with potential for restoration for
ecological or recreational purposes.
(6) Federal-State-nongovernmental organization pilot
projects have already substantially contributed to the long-
term health and viability of coastal and estuarine systems.
(7) Enhanced protection of estuarine and coastal areas can
be coordinated through Federal, State, regional, and local
efforts.
SEC. 3. ESTABLISHMENT 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 310 the following:
``coastal and estuarine land conservation program
``Sec. 310A. (a) Establishment.--The Secretary shall establish, in
cooperation with appropriate State, regional, and other units of
government, a Coastal and Estuarine Land Conservation Program (in this
section referred to as the `Program)' for the purposes of--
``(1) ascertaining the environmental integrity of important
coastal and estuarine areas, including wetlands and forests,
that--
``(A) have significant conservation, recreation,
ecological, historical, economic, or aesthetic values;
and
``(B) 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; and
``(2) protecting the environmental integrity of such areas.
``(b) Administration of Program.--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.
``(c) Property Acquisition Grants.--
``(1) Grants; purpose.--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 assisting such States to acquire property or
interests in property described in subsection (a) that will
further the goals of--
``(A) a Coastal Zone Management Plan or Program
approved under this title;
``(B) a National Estuarine Research Reserve
management plan; or
``(C) a regional or State watershed protection or
management plan involving coastal states with approved
coastal zone management plans.
``(2) Limitation to acquisition from willing sellers.--
Property acquisition funded in whole or in part using a grant
received under this subsection shall be limited to acquisition
from willing sellers.
``(d) 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 coastal states
coastal zone management programs, National Estuarine Research
Reserve in coastal states, and the lead agencies designated by
Governors of coastal states for coordinating the establishment
and implementation of this title (if different from the coastal
zone management program of a State).
``(2) Each participating coastal 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 coastal state shall evaluate how
the acquisition of property or easements might impact working
waterfront needs.
``(4) Applicants shall identify the values to be protected
by inclusion of land in the Program, management activities that
are planned and the manner in which they may affect the values
identified, and any other information from landowners 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) An application must be determined to be consistent
with a coastal state'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
nongovernmental entities expert 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) 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 the Congress.
``(e) Matching Requirements.--
``(1) In general.--The Secretary may not make a grant under
the Program unless the grant 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 project carried out with
a grant under this section shall be derived from
Federal sources, unless such requirement is
specifically waived by the Secretary under subparagraph
(B).
``(B) Waiver of requirement.--The Secretary may
grant a waiver of the limitation in subparagraph (A)
for underserved communities, for a community that has
an inability to draw on other sources of funding
because of the small population or low income of the
community, or for such other reasons, consistent with
the purposes of this title, as the Secretary considers
appropriate.
``(3) Other federal funds.--If a grant 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
matching requirements under the applicable provision of law.
``(4) Source of matching funds.--For purposes of paragraph
(2)(A), the non-Federal match for a project may be determined
by taking into account the following:
``(A) The value of land or a conservation easement
may be used as the non-Federal match if the land or
easement are identified in project plans and acquired
within 3 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 or
easement at the time of project closing will be
considered the non-Federal match.
``(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.
``(f) 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) enhances the network of protected areas established
for long-term research, education, and stewardship under the
National Estuarine Research Reserve program; and
``(6) provides a model for future regional watershed
protection projects.
``(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 benefiting National
Estuarine Research Reserve acquisitions.
``(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 the Congress with an account of all
expenditures under the Program for fiscal year 2007, fiscal year 2008,
and triennially thereafter.
``(i) 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 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 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 title 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.
``(j) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary--
``(1) $60,000,000 for each of fiscal years 2007 through
2011 to carry out this section (other than subsection (f)), to
remain available without fiscal year limitation; and
``(2) $5,000,000 for fiscal year 2007 to carry out
subsection (f), 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.''.
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