U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

1 

49–010 

" ! SENATE 109TH CONGRESS

2d Session 

REPORT

2006

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 

MARCH 27, 2006.—Ordered to be printed 


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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 

CONRAD BURNS, Montana 

TRENT LOTT, Mississippi 

KAY BAILEY HUTCHISON, Texas 

OLYMPIA J. SNOWE, Maine 

GORDON H. SMITH, Oregon 

JOHN ENSIGN, Nevada 

GEORGE ALLEN, Virginia 

JOHN E. SUNUNU, New Hampshire 

JIM DEMINT, South Carolina 

DAVID VITTER, Louisiana 

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 LAUTENBERG, New Jersey 

E. BENJAMIN NELSON, Nebraska 

MARK PRYOR, Arkansas 

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 


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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 recVerDate Aug 31 2005 04:07 Mar 28, 2006 Jkt 049010 PO 00000 Frm 00003 Fmt 6659 Sfmt 6601 E:\HR\OC\SR224.XXX SR224

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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. 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). 


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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 nongovernment 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 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: 


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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, 


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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 


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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. 


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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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