[Senate Report 108-158]
[From the U.S. Government Publishing Office]
108th Congress
1st Session SENATE Report
108-158
_______________________________________________________________________
Calendar No. 297
COASTAL AND ESTAURINE LAND PROTECTION ACT
__________
R E P O R T
OF THE
COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
on
S. 861
October 1, 2003.--Ordered to be printed
SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
one hundred eighth congress
first session
JOHN McCAIN, Arizona, Chairman
TED STEVENS, Alaska ERNEST F. HOLLINGS, South Carolina
CONRAD BURNS, Montana DANIEL K. INOUYE, Hawaii
TRENT LOTT, Mississippi JOHN D. ROCKEFELLER IV, West
KAY BAILEY HUTCHISON, Texas Virginia
OLYMPIA J. SNOWE, Maine JOHN F. KERRY, Massachusetts
SAM BROWNBACK, Kansas JOHN B. BREAUX, Louisiana
GORDON SMITH, Oregon BYRON L. DORGAN, North Dakota
PETER G. FITZGERALD, Illinois RON WYDEN, Oregon
JOHN ENSIGN, Nevada BARBARA BOXER, California
GEORGE ALLEN, Virginia BILL NELSON, Florida
JOHN E. SUNUNU, New Hampshire MARIA CANTWELL, Washington
FRANK LAUTENBERG, New Jersey
Jeanne Bumpus, Staff Director and General Counsel
Ann Begeman, Deputy Staff Director
Robert W. Chamberlin, Chief Counsel
Kevin D. Kayes, Democratic Staff Director and Chief Counsel
Gregg Elias, Democratic General Counsel
Calendar No. 297
108th Congress Report
SENATE
1st Session 108-158
======================================================================
COASTAL AND ESTUARINE LAND PROTECTION ACT
_______
October 1, 2003.--Ordered to be printed
_______
Mr. McCain, from the Committee on Commerce, Science, and
Transportation, submitted the following
R E P O R T
[To accompany S. 861]
The Committee on Commerce, Science, and Transportation, to
which was referred the bill (S. 861) ``to authorize the
acquisition of interests in undeveloped coastal areas in order
better to ensure their protection from development'', having
considered the same, reports favorably thereon with an
amendment and recommends that the (as amended) do pass.
Purpose of the Bill
The purpose of S. 861, the Coastal and Estuarine Land
Protection Act, is to authorize a competitive matching grant
program in the National Oceanic and Atmospheric Administration
(NOAA) to facilitate coastal State acquisition of interests in
land from willing sellers of important coastal areas to
permanently protect them from conversion or development.
Background and Needs
Coastal regions are critical to the economic and
environmental health of the United States. The 425 coastal
counties generate $1.3 trillion of the Gross National Product
(GNP), and coastal industries account for more than 28 million
jobs, over one-third of our national employment. At the same
time, coastal estuaries are among the most biologically
productive regions in the nation. Estuaries, wetlands, and the
watersheds that flow into them support critical life cycle
stages of many species of fish and wildlife, and these areas
help improve surface water quality by filtering out
contaminants. Additionally, coastal areas provide recreational
opportunities for more than 180 million Americans each year.
Over sixty percent of all Americans live within 50 miles of
the Atlantic and Pacific Oceans, the Gulf of Mexico, and the
five Great Lakes. The population density of these areas is four
times the national average, and the coastal population is
expected to grow by 15 percent during the next two decades.
Increasing numbers of people--estimated at more than 3,000
people every day--move to coastal areas, and with this rise in
population, there has been a tremendous increase in the
competing uses of coastal resources. Many communities do not
have the ability to plan for or respond to new pressures on the
coastal zone, such as increases in solid waste production, non-
point source pollution, losses of green space and wildlife
habitat, water quality degradation, and other stresses on
coastal and marine environments. Recent studies have concluded
that as the amount of impervious surface increases beyond 10
percent, abundance and diversity of aquatic species decline.
These pressures of urbanization and pollution along our
nation's coasts threaten to cause irreparable damage to fragile
coastal ecosystems.
Congress enacted the Coastal Zone Management Act (CZMA) in
1972 in an effort to encourage states to establish coordinated
coastal zone management programs and 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. The CZMA provides grants to
States that develop and implement Federally approved coastal
zone management plans. It also allows States with approved
plans the right to review Federal actions to ensure they are
consistent with State plans, and it authorizes the National
Estuarine Research Reserve (NERR) system. This reserve system,
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.
While there have been great strides in managing much of the
nation's coastal zones under the CZMA, many coastal ecosystems
remain vulnerable to the pressures of industrialization and
development. Further conservation efforts are limited because
there is currently no Federal program explicitly setting aside
funding for conservation of coastal or estuarine lands, or for
coordinating coastal conservation partnerships among the
Federal government, State agencies, local governments, private
landowners, and non-profit organizations. Such partnership
programs that protect coastal lands through purchase from a
willing seller of interests in property can be a cost-effective
means of providing areas with permanent protection from
development, and they are strongly supported by coastal States,
which work with private land trusts and others to protect
coastal property around the nation.
A number of successful coastal land acquisition partnerships
have demonstrated the benefits of such programs. For example,
the ACE Basin Project in South Carolina has developed a
coordinated protection program covering more than 350,000
acres. The Great Bay Resource Protection Partnership in New
Hampshire has permanently protected 3,963 coastal acres, either
through purchase or easement. Through the Mobile-Tensaw
Watershed Project in Alabama, Federal and State conservation
agencies have protected more than 104,000 acres within an area
spanning 280,000 acres that is extremely threatened by
development. California's 5-county Natural Communities
Conservation Plan partnership has resulted in leveraging tens
of millions of local, State, and private dollars throughout the
region.
Recent reports have highlighted the urgent need for further
developing a national land acquisition partnership program. The
2001 National Coastal Condition Report, issued jointly by the
Environmental Protection Agency (EPA), NOAA, the Department of
Interior, and the Department of Agriculture, found the poorest
coastal conditions were associated with coastal wetland loss
and eutrophic condition; both are conditions linked to coastal
development pressures. The Southern Forest Resource Assessment,
issued in 2001 by the U.S. Forest Service, the EPA, and the
U.S. Fish and Wildlife Service, 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 of which is slated to occur along the coast.
While programs such as the Forest Legacy Program make funds
available for forest protection, there is no comparable fund
for coastal land needs.
S. 861 would authorize a coastal land acquisition program to
address these needs. Specifically, this legislation would
authorize the Secretary of Commerce to establish the Coastal
and Estuarine Land Program within NOAA to facilitate protection
of important coastal and estuarine areas that have significant
conservation, recreation, ecological, historical, or aesthetic
values and are threatened by development or conversion. The
legislation would authorize the Secretary of Commerce to award
competitive grants to coastal States with approved coastal
management programs or to NERRs for the purpose of acquiring
sensitive coastal property or interests in such property from
willing sellers. Areas eligible for acquisition grants would be
allowed to extend landward of the coastal plain into watershed
drainage basins and flood plains where the integrity of the
ecosystem is inextricably linked to coastal ocean ecosystem
health and function.
Proposals eligible for funding would be those that would
further the goals of an approved coastal zone management plan,
a NERR plan, or a regional or State watershed protection plan
involving States with approved coastal zone management plans.
The Senate Committee on Commerce, Science, and Transportation
(the Committee) expects that proposals that further the goals
of plans developed under the National Estuary Program (section
320 of the Federal Water Pollution and Control Act) would fall
within these criteria. The legislation would direct coastal
States to identify conservation needs and threats to sensitive
habitats and to develop proposals that respond to such needs.
The Committee encourages States to leverage acquisition funds
by coordinating with other federally funded estuary and habitat
programs.
Additionally, the legislation would authorize the Secretary
of Commerce to conduct a regional watershed demonstration
project, which leverages an equal share of land acquisition
funding from other Federal contributions, involves a broad
spectrum of partners, creates conservation corridors and
preserves unique habitats, protects areas under imminent
threat, and helps protect the water quality of areas designated
as an NERR.
The bill would authorize $60 million annually for the Coastal
and Estuarine Land Program and would require that at least 15
percent of the funds be used for the benefit of NERRs. It
further authorizes $5 million for the regional watershed
demonstration project, to remain available until expended.
Legislative History
S. 861 was introduced by Senators Hollings and Gregg, along
with 23 co-sponsors, on April 10, 2003, and referred to the
Senate Committee on Commerce, Science, and Transportation. On
June 19, 2003, the bill was considered by the Committee in an
open executive session. The Committee, without objection,
ordered S. 861 be reported with an amendment.
Estimated Costs
In accordance with paragraph 11(a) of rule XXVI of the
Standing Rules of the Senate and section 403 of the
Congressional Budget Act of 1974, the Committee provides the
following cost estimate, prepared by the Congressional Budget
Office:
S. 861--Coastal and Estuarine Land Protection Act
Summary: S. 861 would establish a new grant program to be
carried out by the National Oceanic and Atmospheric
Administration (NOAA). Assuming appropriation of the amount
authorized by the bill, CBO estimates that the federal
government would spend about $5 million in fiscal year 2004 and
about $190 million over the 2004-2008 period to implement the
legislation. The remaining $115 million authorized would be
spent after 2008. Enacting S. 861 would not affect revenues or
direct spending.
This legislation 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: S. 861 would
authorize the appropriation of $60 million for each of fiscal
years 2004 through 2008 for competitive grants to eligible
states. The grants would be used to finance up to 75 percent of
the costs of acquiring land in coastal zone management areas or
national estuarine research reserves. (These are undeveloped
but vulnerable coastal areas that are protected by NOAA and the
states under the Coastal Zone Management Act.) In addition, the
bill would authorize the appropriation of $5 million in 2004
for a demonstration project to protect coastal habitat.
The estimated budgetary impact of S. 861 is shown in the
following table. The costs of this legislation fall within
budget function 300 (natural resources and environment). For
this estimate, CBO assumes that the full amounts authorized by
the bill will be appropriated for each year and that outlays
will follow historical spending patterns for other NOAA grant
programs.
----------------------------------------------------------------------------------------------------------------
By fiscal year in millions of dollars--
--------------------------------------------
2004 2005 2006 2007 2008
----------------------------------------------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Authorization Level................................................ 65 60 60 60 60
Estimated Outlays.................................................. 5 25 40 60 60
----------------------------------------------------------------------------------------------------------------
Intergovernmental and private-sector impact: S. 861
contains no intergovernmental or private-sector mandates as
defined in UMRA. The bill would authorize grants to states to
acquire property to protect certain coastal or estuarine areas.
Grantees would be able to allocate a portion of the funds
received under the program to qualified local entities to
acquire land in cooperation with other organizations. Any costs
to state or local governments would be the result of complying
with grant conditions.
Estimate prepared by: Federal costs: Deborah Reis; Impact
on State, Local, and Tribal Governments: Marjorie Miller;
Impact on the private sector: Lauren Marks.
Estimate approved by: Robert A. Sunshine, Assistant
Director for Budget Analysis.
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. 861 would create a new program, the legislation
would have additional regulatory impacts on participating
entities. The Coastal and Estuarine Land Program would allow
the Federal government, through the National Ocean Service of
NOAA, to issue grants 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 Program would allow the
Federal government to issue grants 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 requires a willing seller and purchaser
of such interests; and therefore, the program would impact only
voluntary participants 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 Program at a level of $60 million for fiscal
year (FY) 2004 through FY 2008, 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 bodies 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. 861 would not impose any new paperwork requirements on
private citizens or businesses that do not choose to
participate in the Coastal and Estuarine Land 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 section states the short title is cited as the ``Coastal
and Estuarine Land Protection Act.''
Section 2. Findings
This section includes a number of Congressional findings, as
follows--
(1) coastal and estuarine areas provide important
habitats and ecological functions;
(2) the Coastal Zone Management Act (CZMA)
establishes a Federal-state partnership for protecting
natural reserves and managing growth;
(3) the National Estuarine Research Reserve system
relies on the protection of pristine designated areas;
(4) coastal managers need a range of tools to protect
and conserve sensitive areas;
(5) acquiring coastal property from a willing seller
is a cost-effective means of protecting these areas;
(6) permanent protection of coastal lands is
necessary to maintain and enhance coastal and estuarine
areas;
(7) Federal, State, and non-governmental pilot land
acquisition projects have contributed to the long-term
health and viability of coastal and estuarine systems;
and
(8) enhanced estuarine and coastal protection can be
attained through watershed-based acquisition strategies
coordinated through Federal, State, regional, and local
efforts.
Section 3. Establishment of Coastal and Estuarine Land Protection
Program
Subsection (a) would require the Secretary of Commerce to
establish a Coastal and Estuarine Land Protection Program for
protecting important coastal and estuarine areas that are
threatened by development. The program would be administered by
the National Ocean Service through the Office of Ocean and
Coastal Resource Management.
Subsection (b) would direct the Secretary to make grants to
coastal States with approved coastal zone management plans or
National Estuarine Research Reserve units for acquiring
property or interests in property that will further the goals
of those management plans or programs.
Subsection (c) would require the Secretary to allocate funds
through a competitive grant process under the following
guidelines--
(1) the Secretary shall consult with the State's
coastal zone or estuarine management program;
(2) each participating State shall identify
conservation needs and threats;
(3) each State shall evaluate any program impacts on
working waterfront needs;
(4) the applicant shall identify the values to be
protected and identify how planned management
activities will affect the identified values;
(5) awards shall be based on demonstrated need for
protection and ability to successfully leverage other
funds;
(6) applications must be consistent with the approved
coastal zone plan, program, and policies;
(7) priority shall be given to lands that can be
effectively managed and that have significant
ecological value;
(8) in developing guidelines, the Secretary shall
consult with other groups that are expert in land
acquisition and conservation procedures;
(9) eligible States or NERR units may allocate grants
to local governments or agencies and may acquire lands
in cooperation with non-governmental entities and
Federal agencies; and
(10) the Secretary shall develop performance measures
for periodic evaluation of the program's effectiveness,
which shall be reported to Congress.
Subsection (d) would require that Federal funds must be
matched by non-Federal funds. The Federal share would be
limited to 75 percent, unless specifically waived for
underserved communities, communities unable to draw on other
sources of funding, or for other reasons the Secretary deems
appropriate. Where financial assistance represents only a
portion of the total project cost, other Federal funding may be
applied to the project, subject to match requirements under
applicable law. The non-Federal cost share may be determined by
taking into account the land value (if determined 3 years
before or after submission), or costs or in-kind contributions
associated with land management activities during the period of
the grant award.
Subsection (e) would establish a regional watershed
demonstration project. Up to $5,000,000 would be provided for a
regional watershed protection demonstration project that--
(1) leverages equivalent or greater land acquisition
funding from other Federal land conservation or
acquisition programs;
(2) involves partnerships from Federal, State, and
non-governmental entities;
(3) creates conservation corridors and preserves
unique coastal habitat;
(4) protects largely unfragmented habitat under
imminent threat of development or conversion;
(5) provides water quality protection for research
areas under the National Estuarine Research Reserve
program; and
(6) provides a model for future regional watershed
protection projects.
Subsection (f) would provide that at least 15 percent of
funds shall be available for acquisitions benefiting National
Estuarine Research Reserve acquisitions.
Subsection (g) would provide that no more than 5 percent of
the funds shall be used for planning or administration. The
Secretary shall submit a report to Congress accounting for
expenditures for FY 2004 and FY 2005, and triennially
thereafter.
Subsection (h) would provide that if any property is acquired
with funds made available through a grant, the State (as the
grant recipient) shall assure that (a) it or its designated
public agency will hold the title to the property in
perpetuity; (b) the property will be managed in a manner
consistent with the purposes of this program; and (c) if the
property or interest in land is sold, exchanged, or divested,
funds will be returned for re-distribution in the grant
process. The term ``conservation easement'' includes an
easement, recorded deed, or interest deed accompanied by all
property rights, except those that are expressly reserved by a
grantor and agreed to at the time of purchase.
Subsection (i) defines the term ``coastal State'' as being
consistent with the definition in section 304 of the Coastal
Zone Management Act, and any other term in this Act that is
defined in that section of the CZMA would take on the CZMA
definition.
Subsection (j) would authorize $60 million annually for FY
2004 through FY 2008 (except for the watershed demonstration
project, for which $5 million is authorized for FY 2004, to
remain available until expended).
Section 4. Assistance from other agencies
This section would amend the CZMA to allow the Secretary to
enter into technical assistance program contracts with any
Federal agency (including for interagency Coastal America
activities), in addition to any other qualified person.
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
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.