69–006 

110TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 110–811 

COASTAL AND ESTUARINE LAND CONSERVATION 

PROGRAM ACT 

JULY 31, 2008.—Committed to the Committee of the Whole House on the State of 

the Union and ordered to be printed 

Mr. RAHALL, from the Committee on Natural Resources, 

submitted the following 

R E P O R T 

[To accompany H.R. 1907] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Natural Resources, to whom was referred the 

bill (H.R. 1907) to authorize the acquisition of land and interests 

in land from willing sellers to improve the conservation of, and to 

enhance the ecological values and functions of, coastal and estuarine areas to benefit both the environment and the economies of 

coastal communities, and for other purposes, having considered the 

same, report favorably thereon with an amendment and recommend that the bill as amended do pass. 

The amendment is as follows: 

Strike all after the enacting clause and insert the following: 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Coastal and Estuarine Land Conservation Program 

Act’’. 

SEC. 2. AUTHORIZATION OF COASTAL AND ESTUARINE LAND CONSERVATION PROGRAM. 

The Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.) is amended 

by inserting after section 307 the following new section: 

‘‘AUTHORIZATION OF THE COASTAL AND ESTUARINE LAND CONSERVATION PROGRAM

‘‘SEC. 307A. (a) IN GENERAL.—The Secretary may conduct a Coastal and Estuarine Land Conservation Program, in cooperation with appropriate State, regional, 

and other units of government, for the purposes of protecting important coastal and 

estuarine areas that have significant conservation, recreation, ecological, historical, 

or aesthetic values, or that are threatened by conversion from their natural, undeveloped, or recreational state to other uses or could be managed or restored to effectively conserve, enhance, or restore ecological function. The program shall be adminVerDate Aug 31 2005 03:38 Aug 05, 2008 Jkt 069006 PO 00000 Frm 00001 Fmt 6659 Sfmt 6621 E:\HR\OC\HR811.XXX HR811

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istered 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; 

‘‘(2) a National Estuarine Research Reserve management plan; 

‘‘(3) a regional or State watershed protection or management plan involving 

coastal states with approved coastal zone management programs; or ‘‘(4) a State coastal land acquisition plan that is consistent with an approved 

coastal zone management program. ‘‘(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 coastal 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 implementation of 

this section (if different from the coastal zone management program). ‘‘(2) Each participating coastal state, after consultation with local governmental entities and other interested stakeholders, shall identify priority conservation needs within the State, the values to be protected by inclusion of 

lands in the program, and the threats to those values that should be avoided. 

‘‘(3) Each participating coastal state shall to the extent practicable ensure 

that the acquisition of property or easements shall not 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) The governor, or the lead agency designated by the governor for coordinating the implementation of this section, where appropriate in consultation 

with the appropriate local government, shall determine that the application is 

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 value. 

‘‘(8) In developing guidelines under this section, the Secretary shall consult 

with coastal states, other Federal agencies, and other interested stakeholders 

with expertise in land acquisition and conservation procedures. 

‘‘(9) Eligible coastal states or National Estuarine Research Reserves may allocate grants to local governments or agencies eligible for assistance under section 

306A(e). 

‘‘(10) The Secretary shall develop performance measures that the Secretary 

shall use to evaluate and report on the program’s effectiveness in accomplishing 

its purposes, and shall submit such evaluations to Congress triennially. 

‘‘(11) For projects that rank equally under the guidelines, priority shall be 

given to projects that leverage a higher percentage of non-Federal matching 

funds. 

‘‘(d) LIMITATIONS.—

‘‘(1) A grant awarded under this section may be used to purchase land or an 

interest in land, including an easement, only from a willing seller. 

‘‘(2) All acquisitions of land with a grant under this section shall be made in 

a voluntary manner and shall not be the result of a forced taking. 

‘‘(3) Any interest in land, including any easement, acquired with a grant 

under this section shall not be considered to create any liability, or have any 

effect on liability under any other law, of any private property owner with respect to any person injured on the private property. 

‘‘(e) PRIVATE PROPERTY PROTECTIONS.—Nothing in this title—

‘‘(1) requires a private property owner to participate in the program under 

this section; 

‘‘(2) requires any private property owner to allow public access (including Federal, State, or local government access) to the private property; or 

‘‘(3) modifies the application of any provision of Federal, State, or local law 

with regard to public access to or use of private property, except as provided 


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by a voluntary agreement entered into by the owner or custodian of the property. ‘‘(f) RECOGNITION OF AUTHORITY TO CONTROL LAND USE.—Nothing in this title 

modifies the authority of Federal, State, or local governments to regulate land use. ‘‘(g) 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) COST SHARE REQUIREMENT.— ‘‘(A) IN GENERAL.—Grant funds under the program shall require a 100 

percent match from other non-Federal sources. ‘‘(B) WAIVER OF REQUIREMENT.—The Secretary may grant a waiver of 

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 and consistent with the purposes of the program. ‘‘(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 into account 

the following: 

‘‘(A) The value of land or a conservation easement may be used by a 

project applicant as non-Federal match, if the Secretary determines that—

‘‘(i) the land meets the criteria set forth in section 2(b) and is acquired in the period beginning 3 years before the date of the submission of the grant application and ending 3 years after the date of the 

award of the grant; 

‘‘(ii) the value of the land or easement is held by a non-governmental 

organization included in the grant application in perpetuity for conservation purposes of the program; and 

‘‘(iii) the land or easement is connected either physically or through 

a conservation planning process to the land or easement that would be 

acquired. 

‘‘(B) The appraised value of the land or conservation easement at the time 

of the grant closing will be considered and applied as the non-Federal cost 

share. 

‘‘(C) 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, or, for lands described in (A), within 

the same time limits described therein. These costs may include either cash 

or in-kind contributions. 

‘‘(h) 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 benefitting National Estuarine Research Reserves. 

‘‘(i) 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 2009 and 

triennially thereafter. 

‘‘(j) TITLE AND MANAGEMENT OF ACQUIRED PROPERTY.—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—

‘‘(1) such assurances as the Secretary may require that—

‘‘(A) the title to the property will be held by the grant recipient or another 

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 current value will be returned to the Secretary in accordance with applicable Federal law for redistribution in the grant process; 

and 

‘‘(2) certification that the property (including any interest in land) will be acquired from a willing seller. 

‘‘(k) REQUIREMENT FOR PROPERTY USED FOR NON-FEDERAL MATCH.—If the grant 

recipient elects to use any land or interest in land held by a non-governmental orgaVerDate Aug 31 2005 03:38 Aug 05, 2008 Jkt 069006 PO 00000 Frm 00003 Fmt 6659 Sfmt 6621 E:\HR\OC\HR811.XXX HR811

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nization as a non-Federal match under subsection (g), the grant recipient must to 

the Secretary’s satisfaction demonstrate in the grant application that such land or 

interest will satisfy the same requirements as the lands or interests in lands acquired under the program. 

‘‘(l) DEFINITIONS.—In this section: 

‘‘(1) CONSERVATION EASEMENT.—The term ‘conservation easement’ includes an 

easement or restriction, recorded deed, or a reserve interest deed where the 

grantee acquires all rights, title, and interest in a property, that do not conflict 

with the goals of this section 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. 

‘‘(2) INTEREST IN PROPERTY.—The term ‘interest in property’ includes a conservation easement. 

‘‘(m) APPLICATION.—Only States with coastal populations with at least 85 people 

per square mile may be eligible for grants under this program. For purposes of this 

subsection, coastal population shall be calculated using the most recent Census Bureau numbers for the population of coastal counties that are wholly or partially 

within the State’s legally defined coastal zones. 

‘‘(n) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to the Secretary to carry out this section $60,000,000 for each of fiscal years 

2009 through 2013.’’. 

PURPOSE OF THE BILL

The purpose of H.R. 1907 is to authorize the acquisition of land 

and interests in land from willing sellers to improve the conservation of, and to enhance the ecological values and functions of, coastal and estuarine areas to benefit both the environment and the 

economies of coastal communities, and for other purposes. 

BACKGROUND AND NEED FOR LEGISLATION

Undeveloped coastal areas, such as wetlands, bays and estuaries, 

barrier islands and maritime forests and meadows, are important 

both to humans and to resident and migratory wildlife. These natural areas shield us from coastal storms, facilitate flood control, filter pollutants to maintain water quality, and provide access to waterfront areas for recreation. Coastal habitats also shelter fish and 

shellfish that are important to commercial and recreational fisheries, and provide nesting, foraging and layover areas for many 

coastal birds. These unique areas in addition sustain numerous 

animal and plant species, including many rare, threatened and endangered species of plants and wildlife. Unfortunately, many of the 

nation’s coastal areas are under increasing pressures from population growth and related development. For example, more than 

half of the population of the United States lives in coastal counties, 

yet these counties comprise just 17 percent of the nation’s land 

area. Furthermore, the rate of land consumption or conversion in 

coastal metropolitan areas is four or more times greater than the 

population growth rate. The pressures from growth include increased solid waste production, higher volumes of urban and suburban non-point runoff, loss of green space and wildlife habitat, declines in ambient water quality, and increased demands on wastewater treatment, potable water, and energy supplies. These pressures adversely affect the quality of coastal and marine waters, degrade or fragment associated wildlife habitat, and reduce available 

open space. 

In order to address the present and growing scarcity of coastal 

open space and wildlife habitat and to preserve future opportunities for coastal outdoor recreation, Congress directed the Secretary 


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of Commerce to establish a Coastal and Estuarine Land Conservation Program (CELCP) as part of the Commerce, Justice, and State 

Appropriations Act of 2002 (Public Law 107–77). This program, administered by the National Oceanic and Atmospheric Administration (NOAA), was created ‘‘for the purpose of protecting important 

coastal and estuarine areas that have significant conservation, 

recreation, ecological, historical, or aesthetic values, or that are 

threatened by conversion from their natural or recreational states 

to other uses.’’ CELCP provides voluntary matching grants to eligible state coastal management agencies and local governments to 

acquire property or conservation easements from willing sellers 

within a state’s coastal zone or coastal watershed boundary. NOAA 

administers the CELCP program based on guidelines published in 

the Federal Register in 2003. These guidelines established the eligibility as well as the procedural and programmatic requirements 

for CELCP, including criteria for financial assistance. The guidelines also outlined the criteria and process for developing state 

coastal and estuarine land conservation plans and specified a national competitive nominating process for selecting final projects. 

Between 2002 and 2007, CELCP spent nearly $200 million to support more than 150 projects in 25 coastal states and territories 

which has protected more then 35,000 acres of land. 

Although subsequent appropriations bills have reauthorized 

funding for CELCP, the program remains at risk of cancellation 

without a formal statutory authorization. In addition, in its 2004 

report, the U.S. Commission on Ocean Policy formally recommended amending the Coastal Zone Management Act (16 U.S.C. 

1451 et seq.) to authorize a dedicated funding program, such as 

CELCP, for coastal and estuarine habitat conservation. 

COMMITTEE ACTION

H.R. 1907 was introduced on April 18, 2007 by Rep. James 

Saxton (R–NJ). The bill was referred to the Committee on Natural 

Resources, and within the Committee to the Subcommittee on Fisheries, Wildlife and Oceans. On October 24, 2007, the Subcommittee 

held a hearing on the bill. All the witnesses at the hearing testified 

in support of the legislation, including representatives of the Administration and the Coastal States Organization. 

On February 13, 2008, the Subcommittee met to mark up the 

bill. Rep. Saxton offered an amendment in the nature of a substitute, which made several technical and clarifying changes, including changing the short title of the bill and revising it to amend 

the appropriate section (1456(d)) of the Coastal Zone Management 

Act. The amendment struck all findings and revised section 3 to 

authorize the Secretary to conduct a program, as opposed to establish a new program, and specified that all CELCP grants will further the goals of state coastal land acquisition plans. The amendment also clarified the conditions by which lands could be used to 

satisfy federal matching fund requirements, and authorized to appropriate $60 million per year for the period between Fiscal Years 

2009 and 2013. The amendment was adopted by voice vote. The bill 

was then forwarded as amended to the Full Committee by voice 

vote. 

On June 25, 2008, the Full Natural Resources Committee met to 

consider the bill. Rep. Saxton offered another amendment in the 


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nature of a substitute to insert new provisions to protect private 

property rights, to hold harmless existing legal authorities applying 

to government access to private property and regulation of land 

use, and to insert a new limitation on grant eligibility to coastal 

states with a coastal population of at least 85 people per square 

mile. The amendment was adopted by voice vote. The bill, as 

amended, was then ordered favorably reported to the House of Representatives by voice vote. 

SECTION-BY-SECTION ANALYSIS

Section 1. Short title 

This section provides that the Act may be cited as the ‘‘Coastal 

and Estuarine Land Conservation Program Act.’’

Section 2. Authorization of Coastal and Estuarine Land Conservation Program 

Subsection (a) would amend the Coastal Zone Management Act 

(16 U.S.C. 1451 et seq.) to insert a new section 307A to authorize 

the Secretary of Commerce to conduct a Coastal and Estuarine 

Land Conservation Program, in cooperation with appropriate state, 

regional and other units of government, for the purposes of protecting important coastal and estuarine areas that have significant 

conservation value, are threatened by conversion from their natural, undeveloped state, or could be managed or restored to improve ecological function in a coastal area. 

Subsection (b) would authorize the Secretary to make grants to 

coastal states with federally-approved coastal zone management 

plans or to reserves within the National Estuarine Research Reserve System (NERRS) to acquire property to further the goals of 

state or regional plans or management plans within the NERRS. 

Subsection (c) would direct the Secretary to allocate funds to 

coastal states or to National Estuarine Research Reserves through 

a competitive grant process; eligible coastal states and reserves 

would be authorized to subsequently allocate grants to local governments or other eligible entities. The Secretary would be required to provide program guidelines developed in consultation 

with state coastal zone management programs and relevant 

NERRS reserves. Each participating coastal state would be required to identify priority conservation needs, the values to be protected and the threats to those values, and ensure that land acquisition does not impact working waterfront needs. Grant applicants 

would be required to identify values to be protected, planned management activities, and other landowner information relevant to 

administration and management of the land. Grant awards would 

be based on demonstrated need for protection and ability to leverage non-federal funds from participating entities, and priority 

would be given to lands having significant ecological value that 

also can be effectively protected and managed. Lastly, the Secretary would be required to develop performance measures to 

evaluate program effectiveness and report triennially to the Congress. 

Subsection (d) would limit the award of grants only to projects 

that are used to purchase lands from willing sellers, that are conVerDate Aug 31 2005 03:38 Aug 05, 2008 Jkt 069006 PO 00000 Frm 00006 Fmt 6659 Sfmt 6602 E:\HR\OC\HR811.XXX HR811

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ducted on a voluntary basis, or create any liability or have any effect on liability under any other law. 

Subsection (e) would state further that nothing in the legislation 

would require private property owner participation, require a property owner to allow public access to private property, or modify any 

existing law regarding public access to private property except as 

allowed by voluntary agreement by the property owner. 

Subsection (f) would hold harmless existing governmental authorities to regulate land use. 

Subsection (g) would require all grants to meet a 1:1 federal to 

non-federal matching funds requirement. The Secretary would be 

allowed to waive match requirements for under-served communities, low income communities, or for other reasons the Secretary 

deems appropriate. Funding from other federal sources may be applied to the overall cost of a project, and the sources of matching 

funds would include the value of land or a conservation easement, 

costs associated with land acquisition, land management planning, 

remediation, restoration or enhancement, or in-kind contributions. 

Any grant recipient who elects to use land or an interest in land 

to satisfy match requirements must demonstrate that the property 

will satisfy the same requirements as the lands to be acquired with 

the grant. 

Subsection (h) would reserve no less than fifteen percent of funds 

made available to support acquisitions benefitting the National Estuarine Research Reserve System. 

Subsection (i) would limit the Secretary’s annual administrative 

expenses to no more than five percent of the funds made available, 

and the Secretary would be required to report to the Congress triennially on all expenditures. 

Subsection (j) would require grant recipients to assure the Secretary that properties acquired will be held by the grant recipient 

or other appropriate public agency in perpetuity, that these lands 

will be managed in a manner consistent with the purposes of this 

Act, and should the property be sold, exchanged or divested in the 

future, that funds equal to the current value will be returned to the 

Secretary for redistribution in the grant process. 

Subsection (k) sets out the requirements for property used as a 

non-federal match. 

Subsection (l) defines the terms ‘‘conservation easement’’, and 

‘‘interest in property’’. 

Subsection (m) would limit eligibility to coastal states with a 

coastal population of at least 85 people per square mile, and would 

require the calculation of population density to utilize the most recent Census Bureau numbers for coastal counties located entirely 

or partially within a state’s legally defined coastal zone. Although 

Members raised questions at the Committee’s markup regarding 

the precise geographic scope of this provision limiting eligibility 

based on coastal population density, answers for which by the 

amendment’s sponsor remained inconclusive, the effect of the provision is to make at least four states ineligible for participation in 

CELCP (Alaska, Oregon, Maine and Minnesota). 

Subsection (n) would authorize to be appropriated $60 million 

per year for the period between Fiscal Years 2009 through 2013. 


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COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of rule XIII 

of the Rules of the House of Representatives, the Committee on 

Natural Resources’ oversight findings and recommendations are reflected in the body of this report. 

CONSTITUTIONAL AUTHORITY STATEMENT

Article I, section 8 of the Constitution of the United States 

grants Congress the authority to enact this bill. 

COMPLIANCE WITH HOUSE RULE XIII 

1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the Rules of 

the House of Representatives requires an estimate and a comparison by the Committee of the costs which would be incurred in carrying out this bill. However, clause 3(d)(3)(B) of that rule provides 

that this requirement does not apply when the Committee has included in its report a timely submitted cost estimate of the bill prepared by the Director of the Congressional Budget Office under section 402 of the Congressional Budget Act of 1974. 

2. Congressional Budget Act. As required by clause 3(c)(2) of rule 

XIII of the Rules of the House of Representatives and section 

308(a) of the Congressional Budget Act of 1974, this bill does contain new budget authority, spending authority, credit authority, or 

an increase or decrease in revenues or tax expenditures. 

3. General Performance Goals and Objectives. As required by 

clause 3(c)(4) of rule XIII, the general performance goal or objective 

of this bill, as ordered reported, is to authorize the acquisition of 

land and interests in land from willing sellers to improve the conservation of, and to enhance the ecological values and functions of, 

coastal and estuarine areas to benefit both the environment and 

the economies of coastal communities, and for other purposes. 

4. Congressional Budget Office Cost Estimate. Under clause 

3(c)(3) of rule XIII of the Rules of the House of Representatives and 

section 403 of the Congressional Budget Act of 1974, the Committee has received the following cost estimate for this bill from the 

Director of the Congressional Budget Office: 

H.R. 1907—Coastal and Estuarine Land Conservation Program Act 

Summary: H.R. 1907 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 that purpose, the bill 

would authorize the appropriation of $60 million for each of fiscal 

years 2009 through 2013. 

Assuming appropriation of the authorized amounts, CBO estimates that carrying out the proposed grant program would cost 

$240 million over the 2009–2013 period and $60 million after 2013. 

Enacting the bill would not affect direct spending or revenues. 

H.R. 1907 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: The estimated budgetary impact of H.R. 1907 is shown in the following table. The costs 


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of this legislation fall within budget function 300 (natural resources 

and environment). 

By fiscal year, in millions of dollars— 

2009 2010 2011 2012 2013 2009–2013 

CHANGES IN SPENDING SUBJECT TO APPROPRIATION 

Authorization Level ................................................................... 60 60 60 60 60 300 

Estimated Outlays .................................................................... 20 40 60 60 60 240 

Basis of estimate: For this estimate, CBO assumes that H.R. 

1907 will be enacted near the beginning of fiscal year 2009 and 

that the entire amount authorized will be appropriated for each of 

fiscal years 2009 through 2013. Estimated outlays are based on historical patterns for similar grants made by NOAA. 

Intergovernmental and private-sector impact: H.R. 1907 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. Any costs to those 

states, including matching funds, would result from complying with 

conditions for receiving federal assistance. 

Previous CBO estimate: On May 7, 2007, CBO transmitted a cost 

estimate for S. 1142, the Coastal and Estuarine Land Protection 

Act, as ordered reported by the Senate Committee on Commerce, 

Science, and Transportation on April 25, 2007. H.R. 1907 and S. 

1142 are very similar, but S. 1142 would authorize the appropriation of whatever amounts are necessary for the proposed grant program for each of fiscal years 2008 through 2012, while H.R. 1907 

would authorize the appropriation of $60 million for that purpose 

for each of fiscal years 2009 through 2013. 

Estimate prepared by: Federal costs: Deborah Reis. Impact on 

State, local, and tribal Governments: Melissa Merrell. Impact on 

the private sector: MarDestinee C. Perez. 

Estimate approved by: Peter H. Fontaine, Assistant Director for 

Budget Analysis. 

COMPLIANCE WITH PUBLIC LAW 104–4 

This bill contains no unfunded mandates. 

EARMARK STATEMENT

H.R. 1907 does not contain any congressional earmarks, limited 

tax benefits, or limited tariff benefits as defined in clause 9(d), 9(e) 

or 9(f) of rule XXI. 

PREEMPTION OF STATE, LOCAL OR TRIBAL LAW

This bill is not intended to preempt any State, local or tribal law. 

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with clause 3(e) of rule XIII of the Rules of the 

House of Representatives, changes in existing law made by the bill, 

as reported, are shown as follows (new matter is printed in italic 


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and existing law in which no change is proposed is shown in 

roman): 

COASTAL ZONE MANAGEMENT ACT OF 1972 

TITLE III—MANAGEMENT OF THE COASTAL ZONE 

* * * * * * * 

SEC. 307A. (a) IN GENERAL.—The Secretary may conduct a Coastal and Estuarine Land Conservation Program, in cooperation with 

appropriate State, regional, and other units of government, for the 

purposes of protecting important coastal and estuarine areas that 

have significant conservation, recreation, ecological, historical, or 

aesthetic values, or that are threatened by conversion from their 

natural, undeveloped, or recreational state to other uses or could be 

managed or restored to effectively conserve, enhance, or restore ecological function. 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; 

(2) a National Estuarine Research Reserve management plan; 

(3) a regional or State watershed protection or management 

plan involving coastal states with approved coastal zone management programs; or 

(4) a State coastal land acquisition plan that is consistent 

with an approved coastal zone management program. 

(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 coastal 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 implementation of this section (if 

different from the coastal zone management program). 

(2) Each participating coastal state, after consultation with 

local governmental entities and other interested stakeholders, 

shall identify priority conservation needs within the State, the 

values to be protected by inclusion of lands in the program, and 

the threats to those values that should be avoided. 

(3) Each participating coastal state shall to the extent practicable ensure that the acquisition of property or easements 

shall not 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. 


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11 

(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) The governor, or the lead agency designated by the governor for coordinating the implementation of this section, where 

appropriate in consultation with the appropriate local government, shall determine that the application is 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 value. 

(8) In developing guidelines under this section, the Secretary 

shall consult with coastal states, other Federal agencies, and 

other interested stakeholders with expertise in land acquisition 

and conservation procedures. 

(9) Eligible coastal states or National Estuarine Research Reserves may allocate grants to local governments or agencies eligible for assistance under section 306A(e). 

(10) The Secretary shall develop performance measures that 

the Secretary shall use to evaluate and report on the program’s 

effectiveness in accomplishing its purposes, and shall submit 

such evaluations to Congress triennially. 

(11) For projects that rank equally under the guidelines, priority shall be given to projects that leverage a higher percentage 

of non-Federal matching funds. 

(d) LIMITATIONS.—

(1) A grant awarded under this section may be used to purchase land or an interest in land, including an easement, only 

from a willing seller. 

(2) All acquisitions of land with a grant under this section 

shall be made in a voluntary manner and shall not be the result of a forced taking. 

(3) Any interest in land, including any easement, acquired 

with a grant under this section shall not be considered to create 

any liability, or have any effect on liability under any other 

law, of any private property owner with respect to any person 

injured on the private property. 

(e) PRIVATE PROPERTY PROTECTIONS.—Nothing in this title—

(1) requires a private property owner to participate in the program under this section; 

(2) requires any private property owner to allow public access 

(including Federal, State, or local government access) to the private property; or 

(3) modifies the application of any provision of Federal, State, 

or local law with regard to public access to or use of private 

property, except as provided by a voluntary agreement entered 

into by the owner or custodian of the property. 

(f) RECOGNITION OF AUTHORITY TO CONTROL LAND USE.—Nothing in this title modifies the authority of Federal, State, or local 

governments to regulate land use. 

(g) MATCHING REQUIREMENTS.—


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(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) COST SHARE REQUIREMENT.—

(A) IN GENERAL.—Grant funds under the program shall 

require a 100 percent match from other non-Federal 

sources. 

(B) WAIVER OF REQUIREMENT.—The Secretary may grant 

a waiver of 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 and consistent with the purposes of the 

program. 

(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 into account the following: 

(A) The value of land or a conservation easement may be 

used by a project applicant as non-Federal match, if the 

Secretary determines that—

(i) the land meets the criteria set forth in section 2(b) 

and is acquired in the period beginning 3 years before 

the date of the submission of the grant application and 

ending 3 years after the date of the award of the grant; 

(ii) the value of the land or easement is held by a 

non-governmental organization included in the grant 

application in perpetuity for conservation purposes of 

the program; and 

(iii) the land or easement is connected either physically or through a conservation planning process to 

the land or easement that would be acquired. 

(B) The appraised value of the land or conservation easement at the time of the grant closing will be considered and 

applied as the non-Federal cost share. 

(C) 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, or, for lands described in (A), 

within the same time limits described therein. These costs 

may include either cash or in-kind contributions. 

(h) 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 benefitting National Estuarine Research Reserves. 

(i) 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 acVerDate Aug 31 2005 03:38 Aug 05, 2008 Jkt 069006 PO 00000 Frm 00012 Fmt 6659 Sfmt 6603 E:\HR\OC\HR811.XXX HR811

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count of all expenditures under this section for fiscal year 2009 and 

triennially thereafter. 

(j) TITLE AND MANAGEMENT OF ACQUIRED PROPERTY.—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—

(1) such assurances as the Secretary may require that—

(A) the title to the property will be held by the grant recipient or another 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 current value will be returned to the Secretary in accordance with applicable Federal law for redistribution in the grant process; and 

(2) certification that the property (including any interest in 

land) will be acquired from a willing seller. 

(k) REQUIREMENT FOR PROPERTY USED FOR NON-FEDERAL

MATCH.—If the grant recipient elects to use any land or interest in 

land held by a non-governmental organization as a non-Federal 

match under subsection (g), the grant recipient must to the Secretary’s satisfaction demonstrate in the grant application that such 

land or interest will satisfy the same requirements as the lands or 

interests in lands acquired under the program. 

(l) DEFINITIONS.—In this section: 

(1) CONSERVATION EASEMENT.—The term ‘‘conservation easement’’ includes an easement or restriction, recorded deed, or a 

reserve interest deed where the grantee acquires all rights, title, 

and interest in a property, that do not conflict with the goals 

of this section 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. 

(2) INTEREST IN PROPERTY.—The term ‘‘interest in property’’

includes a conservation easement. 

(m) APPLICATION.—Only States with coastal populations with at 

least 85 people per square mile may be eligible for grants under this 

program. For purposes of this subsection, coastal population shall 

be calculated using the most recent Census Bureau numbers for the 

population of coastal counties that are wholly or partially within 

the State’s legally defined coastal zones. 

(n) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to 

be appropriated to the Secretary to carry out this section 

$60,000,000 for each of fiscal years 2009 through 2013. 

* * * * * * * 

Æ 


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