[Senate Report 109-224]
[From the U.S. Government Publishing Office]
109th Congress Report
SENATE
2d Session 109-224
_______________________________________________________________________
Calendar No. 378
COASTAL AND ESTUARINE LAND PROTECTION ACT
__________
R E P O R T
of the
COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
on
S. 1215
DATE deg.March 27, 2006.--Ordered to be printed
SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
one hundred ninth congress
second session
TED STEVENS, Alaska, Chairman
DANIEL K. INOUYE, Hawaii, Co-Chairman
JOHN McCAIN, Arizona JOHN D. ROCKEFELLER IV, West
CONRAD BURNS, Montana Virginia
TRENT LOTT, Mississippi JOHN F. KERRY, Massachusetts
KAY BAILEY HUTCHISON, Texas BYRON L. DORGAN, North Dakota
OLYMPIA J. SNOWE, Maine BARBARA BOXER, California
GORDON H. SMITH, Oregon BILL NELSON, Florida
JOHN ENSIGN, Nevada MARIA CANTWELL, Washington
GEORGE ALLEN, Virginia FRANK LAUTENBERG, New Jersey
JOHN E. SUNUNU, New Hampshire E. BENJAMIN NELSON, Nebraska
JIM DeMINT, South Carolina MARK PRYOR, Arkansas
DAVID VITTER, Louisiana
Lisa Sutherland, Staff Director
Christine Drager Kurth, Deputy Staff Director
Kenneth Nahigian, Chief Counsel
Margaret Cummisky, Democratic Staff Director and Chief Counsel
Samuel Whitehorn, Democratic Deputy Staff Director and General Counsel
Grant Bosse, Staff Director, National Ocean Policy Study
Margaret Spring, Senior Democratic Counsel, Senate Commerce Committee
Calendar No. 378
109th Congress Report
SENATE
2d Session 109-224
======================================================================
COASTAL AND ESTUARINE LAND PROTECTION ACT
_______
March 27, 2006.--Ordered to be printed
_______
Mr. Stevens, from the Committee on Commerce, Science, and
Transportation, submitted the following
R E P O R T
[To accompany S. 1215]
The Committee on Commerce, Science, and Transportation, to
which was referred the bill (S. 1215) 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 (in the nature of a substitute) and recommends that
the bill (as amended) do pass.
Purpose of the Bill
The purpose of S. 1215, the Coastal and Estuarine Land
Protection Act, as amended, is to establish a Coastal and
Estuarine Land Protection Program within the National Oceanic
and Atmospheric Administration (NOAA), and to authorize
appropriations for such a program for fiscal years 2007 through
2010.
Background and Needs
Estuaries, wetlands and the watersheds that flow into them
support fisheries and wildlife, and substantially contribute to
coastal economies. These areas are critical to many life cycles
of organisms and help improve surface water quality by
filtering out wastes. The pressures of urbanization and
pollution in coastal areas threaten to impair watersheds,
undermine natural protections from coastal storms, impact
wildlife habitat, and cause irreparable damage to coastal
ecology.
Studies have shown that the abundance and diversity of
aquatic species decline when the amount of impervious surface
increases beyond about 10 percent. As our population grows,
more and more people are moving to our coasts to enjoy their
beauty and recreational opportunities. By 2010, an estimated 60
percent of Americans will live along our coasts, which
represent less than 17 percent of our land area. More than
3,000 people move to coastal areas every day; fourteen of the
nation's 20 largest cities are coastal; and coastal areas are
five times more densely populated than the interior of the
country. Coastal tourism and recreation account for 85 percent
of all tourism in the United States.
The Coastal Zone Management Act of 1972 (CZMA) was enacted to
provide clear policy objectives for States to establish
coordinated coastal zone management programs and to help
balance coastal development with preservation. This program has
proven to be a successful partnership between the Federal
government and the States, and 34 of the 35 coastal States have
established approved programs to help preserve and utilize
their coastal resources. However, CZMA does not provide
authority for Federal assistance for land conservation
projects. Rapid coastal development can reduce the habitat and
ecological values of coastal areas and increase impermeable
surfaces from which polluted runoff can enter coastal waters.
Coastal land protection partnership programs increasingly
have gained popularity throughout the nation as a means of
meeting a number of diverse priorities: promoting recreation,
increasing wildlife, improving or conserving ecological quality
and diversity, and preserving historical or cultural resources.
Partnership programs among the Federal government, State
agencies, local governments, private landowners and non-profits
can be effective management tools. These programs have been
addressed anually through the Congressional appropriations
process, but have not been authorized through enabling
legislation. The Forest Legacy Program administered by the
Secretary of Agriculture demonstrates the effectiveness of
leveraging Federal assistance for State and local land
acquisition projects, but this program rarely reaches coastal
areas.
Summary of Provisions
S. 1215 would direct the Secretary of Commerce, through NOAA,
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 to
other uses.
To carry out this program, the Secretary would be authorized
to make competitive grants to coastal States with either
approved coastal zone management programs or National Estuarine
Research Reserves (NERRs) 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. Awards
would be based on the demonstrated need for protection, ability
to effectively manage and protect land in perpetuity for
conservation purposes, and ability to leverage the matching
share of non-Federal funds among participating entities,
including regional organizations, private landowners,
corporations, or private organizations such as land trusts.
Grants could be allocated by the State to local governments or
agencies that are eligible for assistance under section 306A of
the CZMA (16 U.S.C. 1455a, the Coastal Resource Improvement
Program).
The bill would provide for a Federal-State match requirement,
setting the maximum Federal cost share at 75 percent. However,
the minimum 25 percent non-Federal share could be waived for
underserved communities, communities that have an inability to
draw on other sources of funding due to small populations or
low per capita income, or for other reasons the Secretary were
to deem appropriate. The non-Federal cost share could include
non-monetary or in-kind contributions, including land value,
remediation, planning, restoration, and enhancement.
S. 1215 would provide that the value of a conservation
easement may be used as the non-Federal match, rather than
requiring outright ownership of the land by State and local
agencies. It also would allow non-government organizations to
apply the value of a conservation easement to which such
organizations hold title toward the non-Federal match.
S. 1215 explicitly would limit property acquired through this
program to that coming from willing sellers.
The Secretary would be directed, as a model for future
efforts, to conduct a Regional Watershed Demonstration Project
that leverages an equal share of land acquisition funding from
other Federal contributions, involves a broad spectrum of
partners, creates conservation corridors and preserves unique
habitat, protects areas under imminent threat, and helps
protect water quality in areas designated as a NERR.
S. 1215 would authorize $60 million for each of fiscal years
2007 through 2010, and $5 million for the regional watershed
demonstration project, to remain available until expended. Up
to five percent of the funds made available to the Secretary or
eligible coastal State could be used for the purposes of
planning or administration.
Legislative History
S. 1215 was introduced in the Senate on June 9, 2005, by
Senator Gregg and referred to the Senate Committee on Commerce,
Science, and Transportation. On March 16, 2006, the Committee
considered the bill in an open Executive Session. Senators
Sununu and Boxer offered a substitute amendment making several
changes to the bill such as: assuring that lands purchased with
Federal grants under this Act would be from willing sellers,
allowing non-government entities to apply the value of their
land or conservation easements towards the non-Federal cost-
sharing of a project, and making several technical corrections.
The Committee, without objection, ordered S. 1215 be reported
as amended.
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. deg.
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:
March 20, 2006.
Hon. Ted Stevens,
Chairman, Committee on Commerce, Science, and Transportation,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 1215, the Coastal
and Estuarine Land Protection Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Deborah Reis.
Sincerely,
Donald B. Marron,
Acting Director.
Enclosure.
S. 1215--Coastal and Estuarine Land Protection Act
Summary: S. 1215 would direct the National Oceanic and
Atmospheric Administration (NOAA) to establish a program to
protect land near coastal areas and estuaries. Under the
proposed new program, NOAA would make grants to coastal states
that wish to purchase eligible lands or other property
interests. For this purpose, the bill would authorize the
appropriation of $60 million for each of fiscal years 2007
through 2010. S. 1215 also would authorize the appropriation of
an additional $5 million for 2007 for a demonstration project
to address the protection of regional watersheds.
Assuming appropriation of the authorized amounts, CBO
estimates that implementing S. 1215 would cost the federal
government $210 million over the 2007-2011 period. We estimate
that the remaining $35 million authorized by the bill would be
spent in 2012.
S. 1215 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA).
The bill would benefit states and local governments along the
coasts; any costs they incur would result from complying with
conditions for receiving federal assistance.
Estimated cost to the Federal Government: The estimated
budgetary impact of S. 1215 is shown in the following table.
For this estimate, CBO assumes that the entire amounts
authorized by the bill will be appropriated for each fiscal
year. Estimated outlays are based on historical patterns for
land acquisition grants made by other federal agencies. The
costs of this legislation fall within budget function 300
(natural resources and environment).
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
--------------------------------------------
2007 2008 2009 2010 2011
----------------------------------------------------------------------------------------------------------------
SPENDING SUBJECT TO APPROPRIATION
Authorization Level................................................ 65 60 60 60 0
Estimated Outlays.................................................. 10 30 50 60 60
----------------------------------------------------------------------------------------------------------------
Intergovernmental and private-sector impact: S. 1215
contains no intergovernmental or private-sector mandates as
defined in UMRA. Much of the money authorized by the bill would
fund grant programs that require matching funds from
participating governments. Coastal states would be able to
allocate a portion of the grant funds received under the
program to qualified local entities, including local
governments, to further their coastal management programs. Any
costs to those states, including matching funds, would result
from complying with conditions for receiving federal
assistance.
Estimate prepared by: Federal Costs: Deborah Reis. Impact
on State, Local, and Tribal Governments: Lisa Ramirez-Branum.
Impact on the Private Sector: Craig Cammarata.
Estimate approved by: Peter H. Fontaine, Deputy 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:
NUMBER OF PERSONS COVERED
S. 1215 as reported by the Committee would authorize
appropriations to continue and expand existing NOAA programs
and make a number of changes to current law. The bill would
have little, if any, regulatory impact.
ECONOMIC IMPACT
The bill, as reported, would provide authorization levels of
$60 million each year for FY 2007 through FY 2010 for NOAA to
carry out the purposes of the bill. The bill also would provide
a one-time authorization of $5 million for the Regional
Watershed Demonstration Project, to be available until
expended. These funding levels would not be expected to have an
inflationary impact on the nation's economy.
PRIVACY
The reported bill would have little, if any, impact on the
personal privacy of U.S. citizens.
PAPERWORK
The reported bill would not increase paperwork requirements
for the private sector. Those State, local, and non-
governmental partners that apply for Federal grants under the
Coastal and Estuarine Land Protection Program or Regional
Watershed Demonstration Project likely would increase their
written communications, data management, and technical
expertise capacity related to coastal and estuarine land
management.
Section-by-Section Analysis
Section 1. Short title
This section specifies that the title of the bill is 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 would 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 to other uses.
This section would also authorize the Secretary to make
competitive grants to coastal States with either approved
coastal zone management programs or NERRs 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. Awards would be based on the demonstrated need
for protection, ability to effectively manage and protect land
in perpetuity, and ability to leverage the matching share of
non-Federal funds among participating entities, including
regional organizations, private landowners, corporations, or
private organizations such as land trusts. All lands purchased
through grants awarded under this Act would be required to be
from willing sellers. The bill would allow States to allocate
grants to local governments or agencies that are eligible for
assistance under section 306A of the CZMA (16 U.S.C. 1455a, the
Coastal Resource Improvement Program).
The bill would provide for a Federal-State match requirement,
setting the maximum Federal cost share at 75 percent. However,
the minimum 25 percent non-Federal share would be able to be
waived for underserved communities, communities that have an
inability to draw on other sources of funding due to small
populations or low per capita income, or for other reasons the
Secretary were to deem appropriate. The non-Federal cost share
would be authorized to include non-monetary or in-kind
contributions, including land value, remediation, planning,
restoration, and enhancement. The value of land that is held by
nongovernmental entities would be permitted to be used for this
purpose if it is held in perpetuity by a qualified conservation
organization.
This section would authorize the Secretary to conduct as a
model for future efforts, a Regional Watershed Demonstration
Project that leverages an equal share of land acquisition
funding from other Federal contributions, involves a broad
spectrum of partners, creates conservation corridors and
preserves unique habitat, protects areas under imminent threat,
and helps protect water quality in areas designated as a NERR.
This section would authorize funding for the Coastal and
Estuarine Land Protection Program at a level of $60 million for
fiscal year 2007-2010; and $5 million for the Regional
Watershed Demonstration Project, to remain available until
expended. Up to five percent of the funds made available to the
Secretary or eligible coastal State could be used for planning
or administration.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the Standing
Rules of the Senate, the Committee states that the bill as
reported would make no change to existing law.