U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

1 

59–010 

" ! SENATE 110TH CONGRESS

1st Session 

REPORT

2007

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 

JUNE 5, 2007.—Ordered to be printed 


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(II) 

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 Virginia 

JOHN F. KERRY, Massachusetts 

BYRON L. DORGAN, North Dakota 

BARBARA BOXER, California 

BILL NELSON, Florida 

MARIA CANTWELL, Washington 

FRANK R. LAUTENBERG, New Jersey 

MARK PRYOR, Arkansas 

THOMAS CARPER, Delaware 

CLAIRE McCASKILL, Missouri 

AMY KLOBUCHAR, Minnesota 

JOHN McCAIN, Arizona 

TRENT LOTT, Mississippi 

KAY BAILEY HUTCHISON, Texas 

OLYMPIA J. SNOWE, Maine 

GORDON H. SMITH, Oregon 

JOHN ENSIGN, Nevada 

JOHN E. SUNUNU, New Hampshire 

JIM DEMINT, South Carolina 

DAVID VITTER, Louisiana 

JOHN THUNE, South Dakota 

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 


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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 (S. 1142) 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 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 recVerDate Aug 31 2005 05:34 Jun 06, 2007 Jkt 059010 PO 00000 Frm 00003 Fmt 6659 Sfmt 6601 E:\HR\OC\SR078.XXX SR078

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reational 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 nonFederal 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). 


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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). 


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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. 


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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 nongovernVerDate Aug 31 2005 05:34 Jun 06, 2007 Jkt 059010 PO 00000 Frm 00007 Fmt 6659 Sfmt 6601 E:\HR\OC\SR078.XXX SR078

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mental 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. 

Æ 


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