[Senate Report 107-296]
[From the U.S. Government Publishing Office]
107th Congress
2d Session SENATE Report
107-296
_______________________________________________________________________
Calendar No. 633
COASTAL AND ESTUARINE LAND PROTECTION ACT
__________
R E P O R T
OF THE
COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
on
S. 2608
October 3, 2002.--Ordered to be printed
SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
one hundred seventh congress
second session
ERNEST F. HOLLINGS, South Carolina, Chairman
DANIEL K. INOUYE, Hawaii JOHN MCCAIN, Arizona
JOHN D. ROCKEFELLER IV, West TED STEVENS, Alaska
Virginia CONRAD BURNS, Montana
JOHN F. KERRY, Massachusetts TRENT LOTT, Mississippi
JOHN B. BREAUX, Louisiana KAY BAILEY HUTCHISON, Texas
BYRON L. DORGAN, North Dakota OLYMPIA J. SNOWE, Maine
RON WYDEN, Oregon SAM BROWNBACK, Kansas
MAX CLELAND, Georgia GORDON SMITH, Oregon
BARBARA BOXER, California PETER G. FITZGERALD, Illinois
JOHN EDWARDS, North Carolina JOHN ENSIGN, Nevada
JEAN CARNAHAN, Missouri GEORGE ALLEN, Virginia
BILL NELSON, Florida
Kevin D. Kayes, Staff Director
Moses Boyd, Chief Counsel
Gregg Elias, General Counsel
Jeanne Bumpus, Republican Staff Director and General Counsel
Ann Begeman, Republican Deputy Staff Director
Robert W. Chamberlin, Republican Chief Counsel
(ii)
Calendar No. 633
107th Congress Report
SENATE
2d Session 107-296
======================================================================
COASTAL AND ESTUARINE LAND PROTECTION ACT
_______
October 3, 2002.--Ordered to be printed
_______
Mr. Hollings, from the Committee on Commerce, Science, and
Transportation, submitted the following
R E P O R T
[To accompany S. 2608]
The Committee on Commerce, Science, and Transportation, to
which was referred the bill (S. 2608) to amend the Coastal Zone
Management Act of 1972 to authorize the acquisition of coastal
areas in order to better ensure their protection from
conversion or development, having considered the same, reports
favorably thereon with an amendment in the nature of a
substitute and recommends that the bill (as amended) do pass.
Purpose of the Bill
S. 2608, as reported, would amend the Coastal Zone Management
Act of 1972 to authorize the acquisition of coastal areas
through a competitive grants process in order to better ensure
their protection from conversion or development.
Background and Needs
Estuaries, wetlands, and the watersheds that channel water
into them, support fisheries and wildlife and contribute
immensely to coastal area economies. These areas are critical
to many life cycles of organisms and help improve surface water
quality by filtering out wastes. Now more than ever, the
pressures of urbanization and pollution along our Nation's
coasts threaten to impair watersheds, impact wildlife habitat,
and cause irreparable damage to fragile coastal ecosystems. As
our population grows, more and more people are moving to the
coast. More than 3,000 people move to coastal areas every day.
By 2010, an estimated 60 percent of Americans are expected to
live along our coasts, which represent less than 17 percent of
our land area. Fourteen of the nation's 20 largest cities are
on the coast, and coastal cities are five times more densely
populated than cities in the interior of the country.
The Coastal Zone Management Act (CZMA) of 1972 was enacted in
order to provide clear policy objectives for states to
establish coordinated coastal zone management programs and to
help balance coastal development with protection. Since the
CZMA became law, 34 of the 35 coastal States have established
approved programs to help preserve and utilize their coastal
resources, and the program has proven to be a successful
partnership between the Federal government and States. One such
tool established under the CZMA is the National Estuarine
Research Reserves System (NERRs). The reserve system, as a
network of 25 protected areas representing different
biogeographic regions of the United States, protects more than
one million acres of estuarine habitat, conducts essential
research, and provides a variety of educational opportunities.
Individual NERRs focus on local and regional research and
educational needs. As a national network, many system-wide
programs provide reserves with common research standards and
educational goals.
Despite this and other successful partnership programs under
CZMA, there is currently no Federal program that explicitly
sets aside funding for conservation of coastal or estuarine
lands, or for coordinating coastal conservation partnerships
among Federal, State, and local governments, private
landowners, and non-profit organizations. Partnership programs
that protect coastal lands by purchasing such lands from a
willing seller can be a cost-effective means of providing areas
with permanent protection from development, and such programs
are strongly supported by coastal States, which work with
private land trusts and others to protect coastal property
around the nation.
The ACE Basin partnership in South Carolina is only one
example of this coordinated approach to coastal protection and
conservation that has been the subject of growing interest
around the nation. This 1988 partnership brought together the
State of South Carolina, private landowners, non-profit groups
such as the Nature Conservancy and Ducks Unlimited, and Federal
partners like the National Oceanic and Atmospheric
Administration's (NOAA) NERR program and the Fish and Wildlife
Service. As a result of this coordinated approach to
protection, this 350,000-acre area at the convergence of the
Edisto, Ashepoo, and Combahee (ACE) rivers is now the largest
pristine estuarine reserve on the East Coast.
The Coastal and Estuarine Land Protection Act is modeled on a
similar program, the U.S. Forest Service's Forest Legacy
Program, which provides grants to States to protect
environmentally important forests threatened by conversion. S.
2608 would amend the CZMA to create a Coastal and Estuarine
Land Protection program within NOAA through which States, NERR
units, and their partners can apply for grants that are
competitively awarded to acquire sensitive or threatened
coastal lands. This program will focus specifically on
protection of coastal and estuarine areas, which are now being
affected by escalating coastal development pressures.
Recent reports have highlighted the urgent need for such a
program. The 2001 National Coastal Condition Report, issued
jointly by United States Environmental Protection Agency
(USEPA), NOAA, the Department of Interior, and the Department
of Agriculture, found that the greatest coastal threats were
coastal wetland loss and eutrophication; both are conditions
linked to coastal development pressures. Last year, the U.S.
Forest Service's Southern Forest Resource Assessment projected
that the southeast alone could lose about 12 million acres to
urbanization between 1992 and 2020 and an additional 19 million
acres between 2020 and 2040, much which is slated to occur
along the coast.
Legislative History
The CZMA was enacted in 1972 in order to preserve, protect,
develop, and where possible, restore or enhance the resources
of the Nation's coastal zone for this and succeeding
generations, and to encourage and assist the States to exercise
effectively their responsibilities in the coastal zone through
the development and implementation of management programs to
achieve wise use of the land and water resources of the coastal
zone, giving full consideration to ecological, cultural,
historic, and aesthetic values as well as the needs for
compatible economic development.
On June 11, 2002, Chairman Hollings and Senator Gregg
introduced S. 2608, the Coastal and Estuarine Land Protection
Act, a bill to amend the CZMA to authorize the acquisition of
coastal areas in order to better ensure their protection from
conversion or development. The bill is cosponsored by Senator
Biden, Senator Breaux, Senator Cleland, Senator Cochran,
Senator Collins, Senator Corzine, Senator DeWine, Senator Dodd,
Senator Feinstein, Senator Inouye, Senator Kennedy, Senator
Kerry, Senator Landrieu, Senator Levin, Senator Lieberman,
Senator Mikulski, Senator Murray, Senator Nelson, Senator Reed,
Senator Sarbanes, Senator Snowe, Senator Torricelli, and
Senator Wyden. The bill was referred to the Senate Committee on
Commerce, Science, and Transportation.
At its September 26, 2002, executive session, the Committee
ordered S. 2608 to be reported favorably with an amendment in
the nature of a substitute.
The substitute amendment, offered by Chairman Hollings, makes
technical changes to the introduced bill to clarify the grant
process and the eligible sources of non-Federal matching funds.
Estimated Costs
In compliance with subsection (a)(3) of paragraph 11 of rule
XXVI of the Standing Rules of the Senate, the Committee states
that, in its opinion, it is necessary to dispense with the
requirements of paragraphs (1) and (2) of that subsection in
order to expedite the business of the Senate.
Regulatory Impact Statement
In accordance with paragraph 11(b) of Rule XXVI of the
Standing Rules of the Senate, the Committee provides the
following evaluation of the regulatory impact of the
legislation, as reported:
Because S. 2608 creates a new program, the legislation would
have additional regulatory impact on participating entities.
The Coastal and Estuarine Land Protection program would allow
the Federal government, through the National Ocean Service of
the NOAA, to issue grants through a competitive review process
to participating States or NERR units for the purpose of
acquiring property or interests in property. Voluntary
participants to the program would be subject to additional
regulatory reporting requirements.
NUMBER OF PERSONS COVERED
The Coastal and Estuarine Land Protection program would allow
the Federal government to issue grants through a competitive
review process to participating States or NERR units for the
purpose of acquiring property, or interests in property, of
important coastal and estuarine areas that have significant
conservation, recreation, ecological, historical, or aesthetic
values and are threatened by development or conversion. The
program would require a willing seller and purchaser of such
interests; therefore, the program would impact only voluntary
participants of the program and would not subject any private
citizens or businesses not participating in the program to
additional regulation.
ECONOMIC IMPACT
The bill would authorize funding for the Coastal and
Estuarine Land Protection program at a level of $60 million for
fiscal year (FY) 2003 and beyond; and $5 million for the
regional watershed demonstration project, to remain available
until expended. These authorization levels are intended to
improve the performance of the Federal and State entities
implementing the CZMA and should have a beneficial impact on
the long-term economy of the United States.
PRIVACY
This legislation would not have any adverse impact on the
personal privacy of the individuals that will be impacted by
this legislation.
PAPERWORK
S. 2608 would not impose any new paperwork requirements on
private citizens or businesses that do not choose to
participate in Coastal and Estuarine Land Protection program;
entities choosing to participate in the program may be subject
to some changes in the paperwork requirements of the program.
Section-by-section Analysis
SECTION 1. SHORT TITLE
This Act may be cited as the ``Coastal and Estuarine Land
Protection Act''.
SECTION 2. FINDINGS
This section of the bill recognizes the national importance
of coastal and estuarine areas and their functions, the need
for permanent protection of these areas in light of intense
development pressures, and the role of land acquisition from
willing sellers as a cost-effective means to conserve these
important areas.
SECTION 3. ESTABLISHMENT OF PROGRAM
This section of the bill would add a new subsection 306(b) to
the Coastal Zone Management Act and direct the Secretary of
Commerce to create a Coastal and Estuarine Land Protection
program to protect important coastal and estuarine areas that
have significant conservation, recreation, ecological,
historical, or aesthetic values and that are threatened by
conversion.
The section would authorize the Secretary to make grants to
coastal States with approved coastal management programs or
National Estuarine Research Reserves (NERR) through a
competitive awarding process for the purpose of acquiring
property or interests in property. At least 15 percent of the
funds would be reserved for acquisitions that benefit NERRs.
The bill would prohibit any more than 75 percent of the grant
funding from being derived from Federal sources. Awards would
be based on the demonstrated need for protection, the ability
to effectively manage and protect land in perpetuity for
conservation purposes, and the ability to leverage the matching
share of non-Federal funds. The non-Federal cost share, which
may be waived for underserved communities, may include non-
monetary or in-kind contributions. The bill additionally
specifies that when property is acquired under this program:
(1) title will be held by the grant recipient; (2) property
will be managed consistently with the purpose of the program;
and (3) funds will be returned to the Secretary if the property
is sold, exchanged, or divested.
This section of the bill also would authorize the Secretary
of Commerce to conduct a regional watershed demonstration
project as a model for future efforts that: (1) leverages land
acquisition funding from other Federal conservation or
acquisition programs; (2) involves partnerships with Federal,
State, and non-governmental entities; (3) creates conservation
corridors; (4) protects habitats that are under an imminent
threat of development or conversion; (5) provides water quality
protection for areas under the National Estuarine Research
Reserve program; and (6) provides a model for future regional
watershed protection projects.
The bill would authorize funding for the Coastal and
Estuarine Land Protection program at a level of $60 million for
FY 2003 and beyond; and $5 million for the regional watershed
demonstration project, to remain available until expended. Up
to 5 percent of the funds made available to the Secretary or
eligible coastal State may be used for planning or
administration.
SECTION 4. ASSISTANCE FROM OTHER AGENCIES
This section of the bill would amend subsection 310(a) of the
Coastal Zone Management Act to clarify that the Secretary may
enter into contract or other arrangements with other Federal
agencies (including interagency financing of Coastal America
activities) in conducting the program of technical assistance
and management-oriented research necessary to develop and
implement State coastal management program amendments and
research appropriate to the furtherance of international
cooperative efforts and technical assistance in coastal zone
management.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the Standing
Rules of the Senate, changes in existing law made by the bill,
as reported, are shown as follows (existing law proposed to be
omitted is enclosed in black brackets, new material is printed
in italic, existing law in which no change is proposed is shown
in roman):
COASTAL ZONE MANAGEMENT ACT OF 1972
[16 U.S.C. 1451 ET SEQ.]
SEC. 306B. COASTAL AND ESTUARINE LAND PROTECTION PROGRAM.
(a) In General.--The Secretary 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, or aesthetic values, and that are
threatened by conversion from their natural, undeveloped, or
recreational state to other uses. 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; or
(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
establishment and implementation of the Coastal and
Estuarine Land Protection Act (if different from the
coastal zone management program).
(2) Each participating 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 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) Applications must be determined to be 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 expert in land acquisition
and conservation procedures.
(9) Eligible States or National Estaurine 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 Congress.
(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 grant 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 onto account the
following:
(A) Land value may be used as non-Federal match if
the lands are identified in project plans and acquired
within three 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.
(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.
(e) 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) provides water quality protection for areas set
aside for research under the National Estuarine
Research Reserve program; and
(6) provides a model for future regional watershed
protection projects.
(f) 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.
(g) 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 2003, fiscal year 2004, fiscal year 2005, and
triennially thereafter.
(h) 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 other 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 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.
(i) Authorization of Appropriations.--There are authorized to
be appropriated to the Secretary--
(1) $60,000,000 for fiscal year 2003 and each fiscal
year thereafter to carry out this section (other than
subsection (e)); and
(2) $5,000,000 for fiscal year 2003 to carry out
subsection (e), such sum to remain available without
fiscal year limitation.
SEC. 310. TECHNICAL ASSISTANCE
[16 U.S.C. 1456C]
(a) The Secretary shall conduct a program of technical
assistance and management-oriented research necessary to
support the development and implementation of State coastal
management program amendments under section 309, and
appropriate to the furtherance of international cooperative
efforts and technical assistance in coastal zone management.
Each department, agency, and instrumentality of the executive
branch of the Federal Government may assist the Secretary, on a
reimbursable basis or otherwise, in carrying out the purposes
of this section, including the furnishing of information to the
extent permitted by law, the transfer of personnel with their
consent and without prejudice to their position and rating, and
the performance of any research, study, and technical
assistance which does not interfere with the performance of the
primary duties of such department, agency, or instrumentality.
The Secretary may enter into contracts or other arrangements
with [any qualified person for the purposes of carrying out
this subsection.] any other Federal agencies (including
interagency financing of Coastal America activities) and any
other qualified person for the purposes of carrying out this
section.
(b)(1) The Secretary shall provide for the coordination of
technical assistance, studies, and research activities under
this section with any other such activities that are conducted
by or subject to the authority of the Secretary.
(2) The Secretary shall make the results of research and
studies conducted pursuant to this section available to coastal
states in the form of technical assistance publications,
workshops, or other means appropriate.
(3) The Secretary shall consult with coastal states on a
regular basis regarding the development and implementation of
the program established by this section.