[Senate Report 110-78]
[From the U.S. Government Publishing Office]
110th Congress
1st Session SENATE Report
110-78
_______________________________________________________________________
Calendar No. 190
COASTAL AND ESTUARINE LAND PROTECTION ACT
__________
R E P O R T
OF THE
COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
on
S. 1142
DATE deg.June 5, 2007.--Ordered to be printed
SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
one hundred tenth congress
first session
DANIEL K. INOUYE, Hawaii, Chairman
TED STEVENS, Alaska, Vice-Chairman
JOHN D. ROCKEFELLER IV, West JOHN McCAIN, Arizona
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 JOHN E. SUNUNU, New Hampshire
FRANK R. LAUTENBERG, New Jersey JIM DEMINT, South Carolina
MARK PRYOR, Arkansas DAVID VITTER, Louisiana
THOMAS CARPER, Delaware JOHN THUNE, South Dakota
CLAIRE McCASKILL, Missouri
AMY KLOBUCHAR, Minnesota
Margaret Cummisky, Staff Director and Chief Counsel
Lila Helms, Deputy Staff Director and Policy Director
Christine Kurth, Republican Staff Director and General Counsel
Kenneth Nahigian, Republican Deputy Staff Director and Chief Counsel
Calendar No. 190
110th Congress Report
SENATE
1st Session 110-78
======================================================================
COASTAL AND ESTUARINE LAND PROTECTION ACT
_______
June 5, 2007.--Ordered to be printed
_______
Mr. Inouye, from the Committee on Commerce, Science, and
Transportation, submitted the following
R E P O R T
[To accompany S. 1142]
The Committee on Commerce, Science, and Transportation, to
which was referred the bill joint resolution deg. (S.
1142) TITLE deg. 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 without an amendment and
recommends that the bill joint resolution deg. do
pass.
Purpose of the Bill
The purpose of S. 1142, the Coastal and Estuarine Land
Protection Act, 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 2008 through 2012.
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, excluding
Alaska. Approximately 3,000 people move to coastal areas every
day; 10 of the Nation's 15 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 about 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 grants do not generally
provide sufficient support for land conservation projects.
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 funded annually through the Congressional appropriations
process, and only some smaller programs have authorizing
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 the majority of funds provided by
this program are distributed to non-coastal states.
Summary of Provisions
S. 1142 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,
aesthetic, or watershed protection 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 plans or National Estuarine
Research Reserves (NERRs), for the purpose of acquiring
property or interests in property. Eligible States would submit
proposals for areas of priority to the State. Awards would be
based on the demonstrated need for protection, ability to
effectively manage and protect the land, 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 acquired from willing sellers. States
could allocate grants to local governments or agencies that are
eligible for assistance under section 306A of the CZMA (16
U.S.C. 1455a).
S. 1142 would provide for a Federal-non-Federal match
requirement, setting the maximum Federal cost share at 75
percent. This is the same match ratio that was included in the
Forest Legacy Program of the United States Forest Service, on
which the Coastal and Estuarine Land Protection Program is
modeled. The bill would provide for certain circumstances under
which the non-Federal share could be waived and would establish
eligibility criteria for the non-Federal share. 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.
S. 1142 would authorize appropriations of such sums as may be
necessary for fiscal years 2008 through 2012. This funding
level would account for the cost of coastal lands and allow
flexibility to address variations in the availability of land
parcels from year to year. Up to five percent of the funds made
available to the Secretary could be used for planning or
administration of the program.
Legislative History
S. 1142 was introduced in the Senate on April 18, 2007, by
Senator Gregg, along with 16 original cosponsors, and referred
to the Senate Committee on Commerce, Science, and
Transportation. On April 25, 2007, the Committee considered the
bill in an open executive session. The Committee, without
objection, ordered S. 1142 be reported as introduced.
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. 1142--Coastal and Estuarine Land Protection Act
Summary: S. 1142 would direct the National Oceanic and
Atmospheric Administration (NOAA) to establish a program to
protect land near coastal areas and estuaries. Under the
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 whatever
amounts are necessary for each of fiscal years 2008 through
2012.
Assuming appropriation of the necessary amounts, CBO
estimates that carrying out the grant program authorized by S.
1142 would cost NOAA $35 million in 2008 and $400 million over
the 2008-2012 period. (An additional $100 million would be
spent after 2012.) Enacting the bill would not affect direct
spending or revenues.
S. 1142 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. 1142 is shown in the following table.
The costs of this legislation fall within budget function 300
(natural resources and environment).
------------------------------------------------------------------------
By fiscal year, in millions of
dollars--
---------------------------------------
2008 2009 2010 2011 2012
------------------------------------------------------------------------
SPENDING SUBJECT TO APPROPRIATION
Estimated Authorization Level... 100 100 100 100 100
Estimated Outlays............... 35 65 100 100 100
------------------------------------------------------------------------
Basis of estimate: For this estimate, CBO assumes that S.
1142 will be enacted by the end of fiscal year 2007 and that
the entire amounts estimated to be necessary to carry out the
bill will be appropriated for each of fiscal years 2008 through
2012. Estimated outlays are based on historical patterns for
similar grants made by NOAA.
Based on information provided by NOAA, CBO estimates that
the agency would need about $100 million annually to implement
S. 1142. About 5 percent of this amount would be used to
administer the grant program. The balance would be used to
provide between 40 to 60 grants a year to states for land
acquisition projects. This estimate is based on the number and
size of proposals received by the agency under a very similar
grant program that it has conducted under authority provided in
annual appropriations acts since 2002.
Intergovernmental and private-sector impact: S. 1142
contains no intergovernmental or private-sector mandates as
defined in UMRA. The grant program authorized by the bill would
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. 1142 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 authorize appropriations of such
sums as may be necessary for fiscal years 2008 through 2012 for
NOAA to carry out the purposes of the bill. The bill would not
be expected to have a significant impact on the Nation's
economy.
PRIVACY
The reported bill would have little, if any, impact on the
personal privacy of United States citizens.
PAPERWORK
The reported bill would not increase paperwork requirements
for the private sector. Those States that apply for Federal
grants under the Coastal and Estuarine Land Protection Program
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, the need for protection of
these areas, 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, aesthetic, or
watershed protection values, and that are threatened by
conversion to other uses.
This section would authorize the Secretary to make
competitive grants to coastal States with either approved
coastal zone management plans or NERRs, for the purpose of
acquiring property or interests in property. Eligible States
would submit proposals for areas of priority to the State. 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 the land, 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
acquired from willing sellers. States could allocate grants to
local governments or agencies that are eligible for assistance
under section 306A of the CZMA (16 U.S.C. 1455a).
The bill would provide for a Federal-non-Federal match
requirement, setting the maximum Federal cost share at 75
percent. This is the same match ratio that was included in the
Forest Legacy Program of the United States Forest Service, on
which the Coastal and Estuarine Land Protection Program is
modeled. The bill would provide for certain circumstances under
which the non-Federal share could be waived and would establish
eligibility criteria for the non-Federal share. 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.
The bill would authorize appropriations for the Coastal and
Estuarine Land Protection Program of such sums as may be
necessary for fiscal years 2008 through 2012. Up to five
percent of the funds made available to the Secretary could be
used for planning or administration of the program.
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.