PUBLIC LAW 109–359—OCT. 16, 2006 120 STAT. 2049

Public Law 109–359

109th Congress

An Act

To establish the Long Island Sound Stewardship Initiative.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘Long Island Sound Stewardship

Act of 2006’’.

SEC. 2. FINDINGS AND PURPOSE.

(a) FINDINGS.—Congress finds that—

(1) Long Island Sound is a national treasure of great cultural, environmental, and ecological importance;

(2) 8,000,000 people live within the Long Island Sound

watershed and 28,000,000 people (approximately 10 percent

of the population of the United States) live within 50 miles

of Long Island Sound;

(3) activities that depend on the environmental health of

Long Island Sound contribute more than $5,000,000,000 each

year to the regional economy;

(4) the portion of the shoreline of Long Island Sound that

is accessible to the general public (estimated at less than 20

percent of the total shoreline) is not adequate to serve the

needs of the people living in the area;

(5) existing shoreline facilities are in many cases overburdened and underfunded;

(6) large parcels of open space already in public ownership

are strained by the effort to balance the demand for recreation

with the needs of sensitive natural resources;

(7) approximately 1/3 of the tidal marshes of Long Island

Sound have been filled, and much of the remaining marshes

have been ditched, diked, or impounded, reducing the ecological

value of the marshes; and

(8) much of the remaining exemplary natural landscape

is vulnerable to further development.

(b) PURPOSE.—The purpose of this Act is to establish the Long

Island Sound Stewardship Initiative to identify, protect, and

enhance upland sites within the Long Island Sound ecosystem

with significant ecological, educational, open space, public access,

or recreational value through a bi-State network of sites best exemplifying these values.

SEC. 3. DEFINITIONS.

In this Act, the following definitions apply:

33 USC 1330

note.

33 USC 1330

note.

Long Island

Sound

Stewardship Act

of 2006.

Oct. 16, 2006

[H.R. 5160]

120 STAT. 2050 PUBLIC LAW 109–359—OCT. 16, 2006

(1) ADMINISTRATOR.—The term ‘‘Administrator’’ means the

Administrator of the Environmental Protection Agency.

(2) ADVISORY COMMITTEE.—The term ‘‘Advisory Committee’’

means the Long Island Sound Stewardship Advisory Committee

established by section 8.

(3) REGION.—The term ‘‘Region’’ means the Long Island

Sound Stewardship Initiative Region established by section

4(a).

(4) STATE.—The term ‘‘State’’ means each of the States

of Connecticut and New York.

(5) STEWARDSHIP.—The term ‘‘stewardship’’ means land

acquisition, land conservation agreements, site planning, plan

implementation, land and habitat management, public access

improvements, site monitoring, and other activities designed

to enhance and preserve natural resource-based recreation and

ecological function of upland areas.

(6) STEWARDSHIP SITE.—The term ‘‘stewardship site’’ means

any area of State, local, or tribal government, or privately

owned land within the Region that is designated by the

Administrator under section 5(a).

(7) SYSTEMATIC SITE SELECTION.—The term ‘‘systematic site

selection’’ means a process of selecting stewardship sites that—

(A) has explicit goals, methods, and criteria;

(B) produces feasible, repeatable, and defensible

results;

(C) provides for consideration of natural, physical, and

biological patterns;

(D) addresses replication, connectivity, species

viability, location, and public recreation values;

(E) uses geographic information systems technology

and algorithms to integrate selection criteria; and

(F) will result in achieving the goals of stewardship

site selection at the lowest cost.

(8) QUALIFIED APPLICANTS.—The term ‘‘qualified applicant’’

means a non-Federal person that owns title to property located

within the borders of the Region.

(9) THREAT.—The term ‘‘threat’’ means a threat that is

likely to destroy or seriously degrade a conservation target

or a recreation area.

SEC. 4. LONG ISLAND SOUND STEWARDSHIP INITIATIVE REGION.

(a) ESTABLISHMENT.—There is established in the States of Connecticut and New York the Long Island Sound Stewardship Initiative Region.

(b) BOUNDARIES.—The Region consists of the immediate coastal

upland areas along—

(1) Long Island Sound between mean high water and the

inland boundary, as described on the map entitled ‘‘Long Island

Sound Stewardship Region’’ and dated April 21, 2004; and

(2) the Peconic Estuary as described on the map entitled

‘‘Peconic Estuary Program Study Area Boundaries’’ and

included in the Comprehensive Conservation and Management

Plan for the Peconic Estuary Program and dated November

15, 2001.

33 USC 1330

note.

PUBLIC LAW 109–359—OCT. 16, 2006 120 STAT. 2051

SEC. 5. DESIGNATION OF STEWARDSHIP SITES.

(a) IN GENERAL.—The Administrator may designate a stewardship site in accordance with this Act any area that contributes

to accomplishing the purpose of this Act.

(b) PUBLICATION OF LIST OF RECOMMENDED SITES.—The

Administrator shall—

(1) publish in the Federal Register and make available

in general circulation in the States of Connecticut and New

York the list of sites recommended by the Advisory Committee;

and

(2) provide a 90-day period for—

(A) the submission of public comment on the list; and

(B) an opportunity for owners of such sites to decline

designation of such sites as stewardship sites.

(c) OPINION REGARDING OWNER’S RESPONSIBILITIES.—The

Administrator may not designate an area as a stewardship site

under this Act unless the Administrator provides to the owner

of the area, and the owner acknowledges to the Administrator

receipt of, a comprehensive opinion in plain English setting forth

expressly the responsibility of the owner that arises from such

designation.

(d) DESIGNATION OF STEWARDSHIP SITES.—Not later than 150

days after receiving from the Advisory Committee its list of recommended sites, the Administrator—

(1) shall review the recommendations of the Advisory Committee; and

(2) may designate as a stewardship site any site included

in the list.

SEC. 6. RECOMMENDATIONS BY ADVISORY COMMITTEE.

(a) IN GENERAL.—The Advisory Committee shall—

(1) in accordance with this section, evaluate applications—

(A) for designation of areas as stewardship sites;

(B) to develop management plans to address threats

to stewardship sites; and

(C) to act on opportunities to protect and enhance

stewardship sites;

(2) develop recommended guidelines, criteria, schedules,

and due dates for the submission of applications and the evaluation by the Advisory Committee of information to recommend

areas for designation as stewardship sites that fulfill terms

of a multi-year management plan;

(3) recommend to the Administrator a list of sites for designation as stewardship sites that further the purpose of this

Act;

(4) develop management plans to address threats to

stewardship sites;

(5) raise awareness of the values of and threats to stewardship sites;

(6) recommend that the Administrator award grants to

qualified applicants; and

(7) recommend to the Administrator ways to leverage additional resources for improved stewardship of the Region.

(b) IDENTIFICATION OF SITES.—

33 USC 1330

note.

Deadline.

33 USC 1330

note.

120 STAT. 2052 PUBLIC LAW 109–359—OCT. 16, 2006

(1) IN GENERAL.—Any qualified applicant may submit an

application to the Advisory Committee to have a site recommended to the Administrator for designation as a stewardship site.

(2) IDENTIFICATION.—The Advisory Committee shall review

each application submitted under this subsection to determine

whether the site exhibits values that promote the purpose

of this Act.

(3) NATURAL RESOURCE-BASED RECREATION AREAS.—In

reviewing an application for recommendation of a recreation

area for designation as a stewardship site, the Advisory Committee may use a selection technique that includes consideration of—

(A) public access;

(B) community support;

(C) high population density;

(D) environmental justice (as defined in section 385.3

of title 33, Code of Federal Regulations (or successor regulations));

(E) open spaces; and

(F) cultural, historic, and scenic characteristics.

(4) NATURAL AREAS WITH ECOLOGICAL VALUE.—In reviewing

an application for recommendation of a natural area with

ecological value for designation as a stewardship site, the

Advisory Committee may use a selection technique that

includes consideration of—

(A) measurable conservation targets for the Region;

and

(B) prioritizing new sites using systematic site selection, which shall include consideration of—

(i) ecological uniqueness;

(ii) species viability;

(iii) habitat heterogeneity;

(iv) size;

(v) quality;

(vi) open spaces;

(vii) land cover;

(viii) scientific, research, or educational value; and

(ix) threats.

(5) DEVIATION FROM PROCESS.—The Advisory Committee

may accept an application to recommend a site other than

as provided in this subsection, if the Advisory Committee—

(A) determines that the site makes significant

ecological or recreational contributions to the Region; and

(B) provides to the Administrator the reasons for

deviating from the process otherwise described in this subsection.

(c) SUBMISSION OF LIST OF RECOMMENDED SITES.—

(1) IN GENERAL.—After completion of the site identification

process set forth in subsection (b), the Advisory Committee

shall submit to the Administrator its list of sites recommended

for designation as stewardship sites.

(2) LIMITATION.—The Advisory Committee shall not include

a site in the list submitted under this subsection unless, prior

to submission of the list, the owner of the site is—

(A) notified of the inclusion of the site in the list;

and

PUBLIC LAW 109–359—OCT. 16, 2006 120 STAT. 2053

(B) allowed to decline inclusion of the site in the list.

(3) PUBLIC COMMENT.—In identifying sites for inclusion

in the list, the Advisory Committee shall provide an opportunity

for submission of, and consider, public comments.

SEC. 7. GRANTS AND ASSISTANCE.

(a) IN GENERAL.—The Administrator may provide grants, subject to the availability of appropriations, and other assistance for

projects to fulfill the purpose of this Act.

(b) FEDERAL SHARE.—The Federal share of the cost of an

activity carried out using any assistance or grant under this Act

shall not exceed 60 percent of the total cost of the activity.

SEC. 8. LONG ISLAND SOUND STEWARDSHIP ADVISORY COMMITTEE.

(a) ESTABLISHMENT.—There is established a committee to be

known as the ‘‘Long Island Sound Stewardship Advisory Committee’’.

(b) MEMBERSHIP.—

(1) IN GENERAL.—The Administrator may appoint the members of the Advisory Committee in accordance with this subsection and the guidance in section 320(c) of the Federal Water

Pollution Control Act (33 U.S.C. 1330(c)), except that the Governor of each State may appoint 2 members of the Advisory

Committee.

(2) ADDITIONAL MEMBERS.—In addition to the other members appointed under this subsection, the Advisory Committee

may include—

(A) a representative of the Regional Plan Association;

(B) a representative of marine trade organizations; and

(C) a representative of private landowner interests.

(3) CONSIDERATION OF INTERESTS.—In appointing members

of the Advisory Committee, the Administrator shall consider—

(A) Federal, State, and local government interests and

tribal interests;

(B) the interests of nongovernmental organizations;

(C) academic interests;

(D) private interests including land, agriculture, and

business interests; and

(E) recreational and commercial fishing interests.

(4) CHAIRPERSON.—In addition to the other members

appointed under this subsection, the Administrator may appoint

as a member of the Advisory Committee an individual to serve

as the Chairperson, who may be the Director of the Long

Island Sound Office of the Environmental Protection Agency.

(5) COMPLETION OF APPOINTMENTS.—The Administrator

shall complete the appointment of all members of the Advisory

Committee by not later than 180 days after the date of enactment of this Act.

(A) VACANCIES.—A vacancy on the Advisory

Committee—

(i) shall be filled not later than 90 days after

the vacancy occurs;

(ii) shall not affect the powers of the Advisory

Committee; and

(iii) shall be filled in the same manner as the

original appointment was made.

(c) TERM.—

Deadline.

Deadline.

33 USC 1330

note.

33 USC 1330

note.

120 STAT. 2054 PUBLIC LAW 109–359—OCT. 16, 2006

(1) IN GENERAL.—A member of the Advisory Committee

shall be appointed for a term of 4 years.

(2) MULTIPLE TERMS.—An individual may be appointed as

a member of the Advisory Committee for more than 1 term.

(d) POWERS.—The Advisory Committee may hold such hearings,

meet and act at such times and places, take such testimony, and

receive such evidence as the Advisory Committee considers advisable to carry out this Act.

(e) MEETINGS.— (1) IN GENERAL.—The Advisory Committee shall meet at

the call of the Chairperson, but no fewer than 4 times each

year.

(2) INITIAL MEETING.—Not later than 30 days after the

date on which all members of the Advisory Committee have

been appointed, the Chairperson shall call the initial meeting

of the Advisory Committee.

(3) QUORUM.—A majority of the members of the Advisory

Committee shall constitute a quorum, but a lesser number

of members may hold hearings.

(f) ADAPTIVE MANAGEMENT.—

(1) IN GENERAL.—The Advisory Committee shall use an

adaptive management framework to identify the best policy

initiatives and actions through—

(A) definition of strategic goals;

(B) definition of policy options for methods to achieve

strategic goals;

(C) establishment of measures of success;

(D) identification of uncertainties;

(E) development of informative models of policy

implementation;

(F) separation of the landscape into geographic units;

(G) monitoring key responses at different spatial and

temporal scales; and

(H) evaluation of outcomes and incorporation into

management strategies.

(2) APPLICATION OF ADAPTIVE MANAGEMENT FRAMEWORK.—

The Advisory Committee shall apply the adaptive management

framework to the process for making recommendations under

subsections (b) through (f) of section 6 to the Administrator

regarding sites that should be designated as stewardship sites.

(3) ADAPTIVE MANAGEMENT.—The adaptive management

framework required by this subsection shall consist of a scientific process—

(A) for—

(i) developing predictive models;

(ii) making management policy decisions based

upon the model outputs;

(iii) revising the management policies as data

become available with which to evaluate the policies;

and

(iv) acknowledging uncertainty, complexity, and

variance in the spatial and temporal aspects of natural

systems; and

(B) that requires that management be viewed as

experimental.

(g) TERMINATION OF ADVISORY COMMITTEE.—The Advisory Committee shall terminate on December 31, 2011.

Deadline.

PUBLIC LAW 109–359—OCT. 16, 2006 120 STAT. 2055

SEC. 9. REPORTS.

(a) ADMINISTRATOR.—The Administrator shall publish and

make available to the public on the Internet and in paper form—

(1) not later than 1 year after the date of enactment of

this Act, a report that—

(A) assesses the role of this Act in protecting the Long

Island Sound;

(B) establishes in coordination with the Advisory Committee guidelines, criteria, schedules, and due dates for

evaluating information to designate stewardship sites;

(C) includes information about any grants that are

available for the purchase of land or property rights to

protect stewardship sites; and

(D) accounts for funds received and expended during

the previous fiscal year;

(2) an update of such report, at least every other year;

and

(3) information on funding and any new stewardship sites

more frequently than every other year.

(b) ADVISORY COMMITTEE.—

(1) REPORT.—For each of fiscal years 2007 through 2011,

the Advisory Committee shall submit to the Administrator and

the decisionmaking body of the Long Island Sound Study

Management Conference established under section 320 of the

Federal Water Pollution Control Act (33 U.S.C. 1330), an

annual report that contains—

(A) a detailed statement of the findings and conclusions

of the Advisory Committee since the last report under

this subsection;

(B) a description of all sites recommended by the

Advisory Committee to the Administrator for designation

as stewardship sites;

(C) the recommendations of the Advisory Committee

for such legislation and administrative actions as the

Advisory Committee considers appropriate; and

(D) in accordance with paragraph (2), the recommendations of the Advisory Committee for the awarding of grants.

(2) RECOMMENDATION FOR GRANTS.—

(A) IN GENERAL.—The Advisory Committee shall recommend that the Administrator award grants to qualified

applicants to help to secure and improve the open space,

public access, or ecological values of stewardship sites,

through—

(i) purchase of the property of a stewardship site;

(ii) purchase of relevant property rights to a

stewardship site; or

(iii) entering into any other binding legal arrangement that ensures that the values of a stewardship

site are sustained, including entering into an arrangement with a land manager or property owner to develop

or implement a management plan that is necessary

for the conservation of natural resources.

(B) EQUITABLE DISTRIBUTION OF FUNDS.—The Advisory

Committee shall exert due diligence to ensure that its

recommendations result in an equitable distribution of

funds between the States.

Deadline.

33 USC 1330

note.

Public

information.

120 STAT. 2056 PUBLIC LAW 109–359—OCT. 16, 2006

SEC. 10. PRIVATE PROPERTY PROTECTION; NO REGULATORY

AUTHORITY.

(a) ACCESS TO PRIVATE PROPERTY.—Nothing in this Act—

(1) requires any private property owner to allow public

access (including Federal, State, or local government access)

to the private property; or

(2) 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 entered into by voluntary agreement of the owner or custodian of the property.

(b) LIABILITY.—Establishment of the Region does not create

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

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

injured on the private property.

(c) RECOGNITION OF AUTHORITY TO CONTROL LAND USE.—

Nothing in this Act modifies the authority of Federal, State, or

local governments to regulate land use.

(d) PARTICIPATION OF PRIVATE PROPERTY OWNERS NOT

REQUIRED.—Nothing in this Act requires the owner of any private

property located within the boundaries of the Region to participate

in any land conservation, financial or technical assistance, or other

programs established under this Act.

(e) PURCHASE OF LAND OR INTEREST IN LAND FROM WILLING

SELLERS ONLY.—Funds appropriated to carry out this Act may

be used to purchase land or interests in land only from willing

sellers.

(f) MANNER OF ACQUISITION.—All acquisitions of land under

this Act shall be made in a voluntary manner and shall not be

the result of forced takings.

(g) EFFECT OF ESTABLISHMENT.—

(1) IN GENERAL.—The boundaries of the Region represent

the area within which Federal funds appropriated for the purpose of this Act may be expended.

(2) REGULATORY AUTHORITY.—The establishment of the

Region and the boundaries of the Region do not provide any

regulatory authority not in existence immediately before the

enactment of this Act on land use in the Region by any management entity, except for such property rights as may be purchased from or donated by the owner of the property (including

public lands donated by a State or local government).

SEC. 11. AUTHORIZATION OF APPROPRIATIONS.

(a) IN GENERAL.—There is authorized to be appropriated to

the Administrator $25,000,000 for each of fiscal years 2007 through

2011 to carry out this Act, including for—

(1) acquisition of land and interests in land;

(2) development and implementation of site management

plans;

(3) site enhancements to reduce threats or promote

stewardship; and

(4) administrative expenses of the Advisory Committee and

the Administrator.

(b) USE OF FUNDS.—Amounts made available to the Administrator under this section each fiscal year shall be used by the

Administrator after reviewing the recommendations included in

the annual reports of the Advisory Committee under section 9.

33 USC 1330

note.

33 USC 1330

note.

PUBLIC LAW 109–359—OCT. 16, 2006 120 STAT. 2057

LEGISLATIVE HISTORY—H.R. 5160 (S. 158):

CONGRESSIONAL RECORD, Vol. 152 (2006):

Sept. 27, considered and passed House.

Sept. 29, considered and passed Senate.

Æ

(c) AUTHORIZATION OF GIFTS, DEVISES, AND BEQUESTS FOR

SYSTEM.—In furtherance of the purpose of this Act, the Administrator may accept and use any gift, devise, or bequest of real

or personal property, proceeds therefrom, or interests therein, to

carry out this Act. Such acceptance may be subject to the terms

of any restrictive or affirmative covenant, or condition of servitude,

if such terms are considered by the Administrator to be in accordance with law and compatible with the purpose for which acceptance

is sought.

(d) LIMITATION ON ADMINISTRATIVE COSTS.—Of the amount

available each fiscal year to carry out this Act, not more than

8 percent may be used for administrative costs.

Approved October 16, 2006.