[DOCID: f:hr811.110]
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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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