Coastal and Estuarine Land Conservation Program Act - Amends the Coastal Zone Management Act of 1972 to authorize the Secretary of Commerce to conduct a Coastal and Estuarine Land Conservation Program to protect important coastal and estuarine areas 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 or that could be managed or restored to effectively conserve, enhance, or restore ecological function. Requires the program to be administered by the National Ocean Service of the National Oceanic and Atmospheric Administration (NOAA) through the Office of Ocean and Coastal Resource Management.
Authorizes the Secretary to make Program grants to coastal states with approved coastal zone management plans or National Estuarine Research Reserve units for the purpose of acquiring property that will further the goals of an approved Coastal Zone Management Plan or Program, a National Estuarine Research Reserve management plan, a regional or state watershed protection or management plan, or a state coastal land acquisition plan.
Directs the Secretary to allocate funds to coastal states or National Estuarine Research Reserves through a competitive grant process with guidelines that meet specified requirements, including that: (1) each participating coastal state shall ensure that the acquisition of property or easements shall complement working waterfront needs; and (2) priority shall be given to lands that can be effectively managed and protected, that have significant ecological value, that are under an imminent threat of conversion to a use that will diminish their natural, undeveloped, or recreational state, and that serve to mitigate the adverse impacts caused by coastal population growth in the coastal environment.
Provides that grant awards may be used to purchase land, including an easement, only from a willing seller. Prohibits any such purchase from being the result of a forced taking.
Provides that grant funds under the Program shall require a 100% match from nonfederal sources, subject to a waiver by the Secretary for underserved and other specified communities or for other appropriate reasons. Reserves 15% of program funds for acquisitions benefiting the National Estuarine Research Reserve.
Specifies that when property is acquired under this program, the grant recipient shall provide assurances that: (1) title will be held by the recipient (or another public agency designated by the recipient) in perpetuity; (2) property will be managed consistent with the purpose of the Program; and (3) funds will be returned to the Secretary for redistribution if the property is sold, exchanged, or divested. Authorizes appropriations.
[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1907 Introduced in House (IH)]
110th CONGRESS
1st Session
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.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 18, 2007
Mr. Saxton (for himself and Mrs. Capps) introduced the following bill;
which was referred to the Committee on Natural Resources
_______________________________________________________________________
A BILL
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
Protection Act''.
SEC. 2. FINDINGS.
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
watershed 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
ecologically degraded areas with potential for restoration for
ecological or recreational purposes.
(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.
(7) 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.
(8) Federal-State-nongovernmental organization pilot land
acquisition projects have already substantially contributed to
the long-term health and viability of coastal and estuarine
systems.
(9) Enhanced protection of estuarine and coastal areas can
be attained through watershed-based acquisition strategies
coordinated through Federal, State, regional, and local
efforts.
(10) Conserving coastal and estuarine lands can support the
traditional economic and natural resource bases of communities
in the coastal watershed, including well-managed forests that
demonstrate outstanding ecological, recreational, historical,
and aesthetic attributes.
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,
aesthetic, or watershed protection values, and 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 the Coastal Zone Management Act of 1972 (16 U.S.C. 1451
et seq.);
(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 implementation of this Act (if
different from the coastal zone management program).
(2) Each participating State, after consultation with
nongovernmental and local governmental entities, 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 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) The governor, or the lead agency designated by the
governor for coordinating the implementation of this Act, 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 or watershed protection
value.
(8) In developing guidelines under this section, the
Secretary shall consult with other Federal agencies and non-
governmental entities with expertise 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 measures that will ensure
that property or interests in property acquired in whole or in
part through the use of funds under the program are acquired
only from willing sellers.
(11) 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 trienially.
(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 project 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) The value of land or a conservation easement
may be used as non-Federal match if the lands 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 at the time of project
closing will be considered the non-Federal cost share.
The value of land that is held by a nongovernmental
organization may be used for such purpose if it is held
in perpetuity by a qualified conservation organization,
as determined by the Secretary.
(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, or, for
lands described in (A), within the same time limits
described therein. These costs may include either cash
or in-kind contributions.
(e) 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 Reserves.
(f) 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 2008 and triennially
thereafter.
(g) 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 such assurances
as the Secretary may require that--
(1) the title to the property will be held by the grant
recipient or another appropriate public agency designated by
the recipient in perpetuity;
(2) 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
(3) if the property or interest in land is sold, exchanged,
or divested, funds equal to the correct value will be returned
to the Secretary in accordance with applicable Federal law for
redistribution in the grant process.
(h) Definitions.--In this section:
(1) Coastal state.--The term ``coastal State'' has the
meaning given the term ``coastal state'' by section 304(4) of
the Coastal Zone Management Act of 1972 (16 U.S.C. 1453(4)).
(2) 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 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.
(3) Interest in property.--The term ``interest in
property'' includes a conservation easement.
(4) Other terms.--Any term used in this section that is
defined in section 304 of the Coastal Zone Management Act of
1972 (16 U.S.C. 1453) has the meaning given that term in that
section.
(i) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary such sums as may be necessary to carry
out this Act for fiscal years 2008 through 2012.
<all>
Referred to the House Committee on Natural Resources.
Referred to the Subcommittee on Fisheries, Wildlife, and Oceans.
Subcommittee Hearings Held.
Subcommittee Consideration and Mark-up Session Held.
Forwarded by Subcommittee to Full Committee Without Recommendation (Amended) by Unanimous Consent .
Committee Consideration and Mark-up Session Held.
Ordered to be Reported (Amended) by Voice Vote.
Reported (Amended) by the Committee on Natural Resources. H. Rept. 110-811.
Reported (Amended) by the Committee on Natural Resources. H. Rept. 110-811.
Placed on the Union Calendar, Calendar No. 525.
Ms. Bordallo moved to suspend the rules and pass the bill, as amended.
Considered under suspension of the rules. (consideration: CR H8503-8506)
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
DEBATE - The House proceeded with forty minutes of debate on H.R. 1907.
At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.
Considered as unfinished business. (consideration: CR H8544-8545)
Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 313 - 59 (Roll no. 617).(text: CR H8503-8504)
Roll Call #617 (House)Motion to reconsider laid on the table Agreed to without objection.
On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 313 - 59 (Roll no. 617). (text: CR H8503-8504)
Roll Call #617 (House)Received in the Senate.
Read twice. Placed on Senate Legislative Calendar under General Orders. Calendar No. 1111.