Long Island Sound Stewardship Act of 2004 - Establishes the Long Island Sound Stewardship Initiative Region in Connecticut and New York.
Establishes the Long Island Sound Stewardship Advisory Committee to: (1) evaluate applications from government or nonprofit organizations qualified to hold conservation easements for funds to purchase land or development rights for designated stewardship sites; (2) evaluate applications to develop and implement management plans to address threats; (3) evaluate applications to act on opportunities to protect and enhance stewardship sites; (4) recommend that the Administrator of the Environmental Protection Agency award grants to qualified applicants; (5) recommend guidelines for evaluating information to identify stewardship sites; (6) publish a list of sites that further the purposes of this Act; (7) raise awareness of the values of and threats to these sites; and (8) leverage additional resources for improved stewardship of the Region.
Requires the Committee to submit annual reports to the Administrator.
Protects the existing legal rights of private property owners. States that nothing in this Act requires private property owners located within the Region to participate in the Initiative.
Amends the Federal Water Pollution Control Act to reauthorize appropriations for the Office of Management Conference of the Long Island Sound Study and implementation of the Long Island Sound Comprehensive Conservation and Management Plan through FY 2009.
[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4876 Introduced in House (IH)]
108th CONGRESS
2d Session
H. R. 4876
To establish the Long Island Sound Stewardship Initiative.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 20, 2004
Mr. Simmons (for himself, Mr. Israel, Mr. Shays, Mrs. Johnson of
Connecticut, Ms. DeLauro, Mr. Larson of Connecticut, Mrs. Lowey, Mr.
King of New York, Mr. Ackerman, Mrs. McCarthy of New York, Mr. Bishop
of New York, Mr. Serrano, Mr. Engel, and Mr. Crowley) introduced the
following bill; which was referred to the Committee on Resources, and
in addition to the Committee on Transportation and Infrastructure, for
a period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
_______________________________________________________________________
A BILL
To establish the Long Island Sound Stewardship Initiative.
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 ``Long Island Sound Stewardship Act of
2004''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds that--
(1) Long Island Sound is a national treasure of great
cultural, environmental, and ecological importance;
(2) 8,000,000 people live within the Long Island Sound
watershed and 28,000,000 people (approximately 10 percent of
the population of the United States) live within 50 miles of
Long Island Sound;
(3) activities that depend on the environmental health of
Long Island Sound contribute more than $5,000,000,000 each year
to the regional economy;
(4) the portion of the shoreline of Long Island Sound that
is accessible to the general public (estimated at less than 20
percent of the total shoreline) is not adequate to serve the
needs of the people living in the area;
(5) existing shoreline facilities are in many cases
overburdened and underfunded;
(6) large parcels of open space already in public ownership
are strained by the effort to balance the demand for recreation
with the needs of sensitive natural resources;
(7) approximately \1/3\ of the tidal marshes of Long Island
Sound have been filled, and much of the remaining marshes have
been ditched, dyked, or impounded, reducing the ecological
value of the marshes; and
(8) much of the remaining exemplary natural landscape is
vulnerable to further development.
(b) Purpose.--The purpose of this Act is to establish the Long
Island Sound Stewardship Initiative to identify, protect, and enhance
sites within the Long Island Sound ecosystem with significant
ecological, educational, open space, public access, or recreational
value through a bi-State network of sites best exemplifying these
values.
SEC. 3. DEFINITIONS.
In this Act, the following definitions apply:
(1) Adaptive management.--The term ``adaptive management''
means a scientific process--
(A) for--
(i) developing predictive models;
(ii) making management policy decisions
based upon the model outputs;
(iii) revising the management policies as
data become available with which to evaluate
the policies; and
(iv) acknowledging uncertainty, complexity,
and variance in the spatial and temporal
aspects of natural systems; and
(B) that requires that management be viewed as
experimental.
(2) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(3) Committee.--The term ``Committee'' means the Long
Island Sound Stewardship Advisory Committee established by
section 5(a).
(4) Region.--The term ``Region'' means the Long Island
Sound Stewardship Initiative Region established by section
4(a).
(5) States.--The term ``States'' means the States of
Connecticut and New York.
(6) Stewardship site.--The term ``stewardship site'' means
a site that--
(A) qualifies for identification by the Committee
under section 8; and
(B) is an area of land or water or a combination of
land and water--
(i) that is in the Region; and
(ii) that is--
(I) Federal, State, local, or
tribal land or water;
(II) land or water owned by a
nonprofit organization; or
(III) privately owned land or
water.
(7) Systematic site selection.--The term ``systematic site
selection'' means a process of selecting stewardship sites
that--
(A) has explicit goals, methods, and criteria;
(B) produces feasible, repeatable, and defensible
results;
(C) provides for consideration of natural,
physical, and biological patterns;
(D) addresses reserve size, replication,
connectivity, species viability, location, and public
recreation values;
(E) uses geographic information systems technology
and algorithms to integrate selection criteria; and
(F) will result in achieving the goals of
stewardship site selection at the lowest cost.
(8) Threat.--The term ``threat'' means a threat that is
likely to destroy or seriously degrade a conservation target or
a recreation area.
SEC. 4. LONG ISLAND SOUND STEWARDSHIP INITIATIVE REGION.
(a) Establishment.--There is established in the States the Long
Island Sound Stewardship Initiative Region.
(b) Boundaries.--The Region shall encompass the immediate coastal
upland and underwater areas along Long Island Sound, including those
portions of the Sound with coastally influenced vegetation, as
described on the map entitled the ``Long Island Sound Stewardship
Region'' and dated April 21, 2004.
SEC. 5. LONG ISLAND SOUND STEWARDSHIP ADVISORY COMMITTEE.
(a) Establishment.--There is established a committee to be known as
the ``Long Island Sound Stewardship Advisory Committee''.
(b) Chairperson.--The Chairperson of the Committee shall be the
Director of the Long Island Sound Office of the Environmental
Protection Agency, or a designee of the Director.
(c) Membership.--
(1) Composition.--
(A) Appointment of members.--
(i) In general.--The Chairperson shall
appoint the members of the Committee in
accordance with this subsection and section
320(c) of the Federal Water Pollution Control
Act (33 U.S.C. 1330(c)).
(ii) Additional members.--In addition to
the requirements described in clause (i), the
Committee shall include--
(I) a representative from the
Regional Plan Association;
(II) a representative of the marine
trade organizations; and
(III) a representative of private
landowner interests.
(B) Representation.--In appointing members to the
Committee, the Chairperson shall consider--
(i) Federal, State, and local government
interests;
(ii) the interests of nongovernmental
organizations;
(iii) academic interests; and
(iv) private interests.
(2) Date of appointments.--Not later than 180 days after
the date of enactment of this Act, the appointment of all
members of the Committee shall be made.
(d) Term; Vacancies.--
(1) Term.--
(A) In general.--A member shall be appointed for a
term of 4 years.
(B) Multiple terms.--A person may be appointed as a
member of the Committee for more than 1 term.
(2) Vacancies.--A vacancy on the Committee shall--
(A) be filled not later than 90 days after the
vacancy occurs;
(B) not affect the powers of the Committee; and
(C) be filled in the same manner as the original
appointment was made.
(3) Staff.--
(A) In general.--The Chairperson of the Committee
may appoint and terminate personnel as necessary to
enable the Committee to perform the duties of the
Committee.
(B) Personnel as federal employees.--
(i) In general.--Any personnel of the
Committee who are employees of the Committee
shall be employees under section 2105 of title
5, United States Code, for purposes of chapters
63, 81, 83, 84, 85, 87, 89, and 90 of that
title.
(ii) Members of committee.--Clause (i) does
not apply to members of the Committee.
(e) Initial Meeting.--Not later than 30 days after the date on
which all members of the Committee have been appointed, the Committee
shall hold the initial meeting of the Committee.
(f) Meetings.--The Committee shall meet at the call of the
Chairperson, but no fewer than 4 times each year.
(g) Quorum.--A majority of the members of the Committee shall
constitute a quorum, but a lesser number of members may hold hearings.
SEC. 6. DUTIES OF THE COMMITTEE.
The Committee shall--
(1) consistent with the guidelines described in section 8--
(A) evaluate applications from government or
nonprofit organizations qualified to hold conservation
easements for funds to purchase land or development
rights for stewardship sites;
(B) evaluate applications to develop and implement
management plans to address threats;
(C) evaluate applications to act on opportunities
to protect and enhance stewardship sites; and
(D) recommend that the Administrator award grants
to qualified applicants;
(2) recommend guidelines, criteria, schedules, and due
dates for evaluating information to identify stewardship sites;
(3) publish a list of sites that further the purposes of
this Act, provided that owners of sites shall be--
(A) notified prior to the publication of the list;
and
(B) allowed to decline inclusion on the list;
(4) raise awareness of the values of and threats to these
sites; and
(5) leverage additional resources for improved stewardship
of the Region.
SEC. 7. POWERS OF THE COMMITTEE.
(a) Hearings.--The Committee may hold such hearings, meet and act
at such times and places, take such testimony, and receive such
evidence as the Committee considers advisable to carry out this Act.
(b) Information From Federal Agencies.--
(1) In general.--The Committee may secure directly from a
Federal agency such information as the Committee considers
necessary to carry out this Act.
(2) Provision of information.--
(A) In general.--Subject to subparagraph (C), on
request of the Chairperson of the Committee, the head
of a Federal agency shall provide the information
requested by the Chairperson to the Committee.
(B) Administration.--The furnishing of information
by a Federal agency to the Committee shall not be
considered a waiver of any exemption available to the
agency under section 552 of title 5, United States
Code.
(C) Information to be kept confidential.--
(i) In general.--For purposes of section
1905 of title 18, United States Code--
(I) the Committee shall be
considered an agency of the Federal
Government; and
(II) any individual employed by an
individual, entity, or organization
that is a party to a contract with the
Committee under this Act shall be
considered an employee of the
Committee.
(ii) Prohibition on disclosure.--
Information obtained by the Committee, other
than information that is available to the
public, shall not be disclosed to any person in
any manner except to an employee of the
Committee as described in clause (i), for the
purpose of receiving, reviewing, or processing
the information.
(c) Postal Services.--The Committee may use the United States mails
in the same manner and under the same conditions as other agencies of
the Federal Government.
(d) Donations.--The Committee may accept, use, and dispose of
donations of services or property that advance the goals of the Long
Island Sound Stewardship Initiative.
SEC. 8. STEWARDSHIP SITES.
(a) Application for Identification as a Stewardship Site.--
Subsequent to the identification of the initial stewardship sites under
subsection (c), owners of sites may submit applications to the
Committee in accordance with subsection (d) to have the sites
identified as stewardship sites.
(b) Identification.--The Committee shall review the applications
submitted by owners of potential stewardship sites to determine whether
the sites shall be identified as exhibiting values consistent with the
purposes of this Act.
(c) Initial Sites.--
(1) Indentification.--
(A) In general.--The Committee shall identify 20
initial Long Island Sound stewardship sites from
applications to the Committee that the Committee has
determined--
(i)(I) are natural resource-based
recreation areas; or
(II) are exemplary natural areas with
ecological value; and
(ii) best promote the purposes of this Act.
(B) Exemption.--Applications under subparagraph (A)
shall not be subject to the site identification process
under subsection (d).
(2) Equitable distribution of funds for initial sites.--In
identifying initial sites under paragraph (1), the Committee
shall exert due diligence to recommend an equitable
distribution of funds between the States for the initial sites.
(d) Site Identification Process.--
(1) Natural resource-based recreation areas.--The Committee
shall identify additional recreation areas with potential as
stewardship sites using a selection technique that includes--
(A) public access;
(B) community support;
(C) areas with high population density;
(D) environmental justice (as defined in section
385.3 of title 33, Code of Federal Regulations (or
successor regulations));
(E) connectivity to existing protected areas and
open spaces;
(F) cultural, historic, and scenic areas; and
(G) other criteria developed by the Committee.
(2) Natural areas with ecological value.--The Committee
shall identify additional natural areas with ecological value
and potential as stewardship sites--
(A) based on measurable conservation targets for
the Region; and
(B) following a process for prioritizing new sites
using systematic site selection, which shall include--
(i) ecological uniqueness;
(ii) species viability;
(iii) habitat heterogeneity;
(iv) size;
(v) quality;
(vi) connectivity to existing protected
areas and open spaces;
(vii) land cover;
(viii) scientific, research, or educational
value;
(ix) threats; and
(x) other criteria developed by the
Committee.
(3) Deviation from process.--
(A) In general.--The Committee may identify as a
potential stewardship site, a site that does not meet
the criteria in paragraph (1) or (2) or reject a site
selected under paragraph (1) or (2), if the Committee--
(i) chooses a site that makes significant
ecological or recreational contributions to the
Region; and
(ii) publishes the reasons that the
Committee decided to deviate from the
systematic site selection process.
(4) Public comment.--In identifying potential stewardship
sites, the Committee may consider public comments.
(e) General Guidelines for Management.--
(1) In general.--The Committee shall use an adaptive
management framework to identify the best policy initiatives
and actions through--
(A) definition of strategic goals;
(B) definition of policy options for methods to
achieve strategic goals;
(C) establishment of measures of success;
(D) identification of uncertainties;
(E) development of informative models of policy
implementation;
(F) separation of the landscape into geographic
units;
(G) monitoring key responses at different spatial
and temporal scales; and
(H) evaluation of outcomes and incorporation into
management strategies.
(2) Application of adaptive management framework.--The
Committee shall apply the adaptive management framework to the
process for updating the list of recommended stewardship sites.
SEC. 9. REPORTS.
(a) In General.--For each of fiscal years 2006 through 2013, the
Committee shall submit to the Administrator an annual report that
contains--
(1) a detailed statement of the findings and conclusions of
the Committee since the last report;
(2) a description of all sites recommended by the Committee
to be approved as stewardship sites;
(3) the recommendations of the Committee for such
legislation and administrative actions as the Committee
considers appropriate; and
(4) in accordance with subsection (b), the recommendations
of the Committee for the awarding of grants.
(b) General Guidelines for Recommendations.--
(1) In general.--The Committee shall recommend that the
Administrator award grants to qualified applicants to help to
secure and improve the open space, public access, or ecological
values of stewardship sites, through--
(A) purchase of the property of the site;
(B) purchase of relevant property rights of the
site; or
(C) entering into any other binding legal
arrangement that ensures that the values of the site
are sustained, including entering into an arrangement
with a land manager or owner to develop or implement an
approved management plan that is necessary for the
conservation of natural resources.
(2) Equitable distribution of funds.--The Committee shall
exert due diligence to recommend an equitable distribution of
funds between the States.
(c) Action by the Administrator.--
(1) In general.--Not later than 90 days after receiving a
report under subsection (a), the Administrator shall--
(A) review the recommendations of the Committee;
and
(B) take actions consistent with the
recommendations of the Committee, including the
approval of identified stewardship sites and the award
of grants, unless the Administrator makes a finding
that any recommendation is unwarranted by the facts.
(2) Report.--Not later than 1 year after the date of
enactment of this Act, the Administrator shall develop and
publish a report that--
(A) assesses the current resources of and threats
to Long Island Sound;
(B) assesses the role of the Long Island Sound
Stewardship Initiative in protecting Long Island Sound;
(C) establishes guidelines, criteria, schedules,
and due dates for evaluating information to identify
stewardship sites;
(D) includes information about any grants that are
available for the purchase of land or property rights
to protect stewardship sites;
(E) accounts for funds received and expended during
the previous fiscal year;
(F) shall be made available to the public on the
Internet and in hardcopy form; and
(G) shall be updated at least every other year,
except that information on funding and any new
stewardship sites identified shall be published more
frequently.
SEC. 10. PRIVATE PROPERTY PROTECTION.
(a) Access to Private Property.--Nothing in this Act--
(1) requires any private property owner to allow public
access (including Federal, State, or local government access)
to the private property; or
(2) modifies any provision of Federal, State, or local law
with regard to public access to or use of private property,
except as entered into by voluntary agreement of the owner or
custodian of the property.
(b) Liability.--Approval of the Long Island Sound Stewardship
Initiative Region does not create any liability, or have any effect on
any liability under any other law, of any private property owner with
respect to any person injured on the private property.
(c) Recognition of Authority to Control Land Use.--Nothing in this
Act modifies the authority of Federal, State, or local governments to
regulate land use.
(d) Participation of Private Property Owners in the Long Island
Sound Stewardship Initiative Region.--Nothing in this Act requires the
owner of any private property located within the boundaries of the
Region to participate in or be associated with the Initiative.
(e) Effect of Establishment.--
(1) In general.--The boundaries approved for the Region
represent the area within which Federal funds appropriated for
the purpose of this Act may be expended.
(2) Regulatory authority.--The establishment of the Region
and the boundaries of the Region does not provide any
regulatory authority not in existence on the date of enactment
of this Act on land use in the Region by any management entity,
except for such property rights as may be purchased from or
donated by the owner of the property (including the Federal
Government or a State or local government, if applicable).
SEC. 11. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated to carry
out this Act $40,000,000 for each of fiscal years 2006 through 2013.
(b) Use of Funds.--For each fiscal year, funds made available under
subsection (a) shall be used by the Administrator, after reviewing the
recommendations of the Committee submitted under section 9, for--
(1) acquisition of land and interests in land;
(2) development and implementation of site management
plans;
(3) site enhancements to reduce threats or promote
stewardship; and
(4) administrative expenses of the Committee.
(c) Federal Share.--The Federal share of the cost of an activity
carried out using any assistance or grant under this Act shall not
exceed 75 percent of the total cost of the activity.
SEC. 12. LONG ISLAND SOUND AUTHORIZATION OF APPROPRIATIONS.
Section 119(f) of the Federal Water Pollution Control Act (33
U.S.C. 1269(f)) is amended by striking ``2005'' each place it appears
and inserting ``2009''.
SEC. 13. TERMINATION OF COMMITTEE.
The Committee shall terminate on December 31, 2013.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Resources, and in addition to the Committee on Transportation and Infrastructure, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Resources, and in addition to the Committee on Transportation and Infrastructure, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Resources, and in addition to the Committee on Transportation and Infrastructure, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Water Resources and Environment.
Referred to the Subcommittee on Fisheries Conservation, Wildlife and Oceans.
Executive Comment Requested from Commerce.
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line