U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

1

29–010

" SENATE ! 108TH CONGRESS

1st Session 

REPORT

2003

108–158

Calendar No. 297

COASTAL AND ESTAURINE LAND 

PROTECTION ACT

R E P O R T

OF THE

COMMITTEE ON COMMERCE, SCIENCE, AND 

TRANSPORTATION

ON

S. 861

OCTOBER 1, 2003.—Ordered to be printed 


congress.#13
(II)

SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION 

ONE HUNDRED EIGHTH CONGRESS

FIRST SESSION

JOHN MCCAIN, Arizona, Chairman 

TED STEVENS, Alaska 

CONRAD BURNS, Montana 

TRENT LOTT, Mississippi 

KAY BAILEY HUTCHISON, Texas 

OLYMPIA J. SNOWE, Maine 

SAM BROWNBACK, Kansas 

GORDON SMITH, Oregon 

PETER G. FITZGERALD, Illinois 

JOHN ENSIGN, Nevada 

GEORGE ALLEN, Virginia 

JOHN E. SUNUNU, New Hampshire 

ERNEST F. HOLLINGS, South Carolina 

DANIEL K. INOUYE, Hawaii 

JOHN D. ROCKEFELLER IV, West Virginia 

JOHN F. KERRY, Massachusetts 

JOHN B. BREAUX, Louisiana 

BYRON L. DORGAN, North Dakota 

RON WYDEN, Oregon 

BARBARA BOXER, California 

BILL NELSON, Florida 

MARIA CANTWELL, Washington 

FRANK LAUTENBERG, New Jersey 

JEANNE BUMPUS, Staff Director and General Counsel 

ANN BEGEMAN, Deputy Staff Director 

ROBERT W. CHAMBERLIN, Chief Counsel 

KEVIN D. KAYES, Democratic Staff Director and Chief Counsel 

GREGG ELIAS, Democratic General Counsel

Calendar No. 297

108TH CONGRESS REPORT " SENATE ! 1st Session 108–158

COASTAL AND ESTUARINE LAND PROTECTION ACT 

OCTOBER 1, 2003.—Ordered to be printed 

Mr. MCCAIN, from the Committee on Commerce, Science, and 

Transportation, submitted the following 

R E P O R T 

[To accompany S. 861]

The Committee on Commerce, Science, and Transportation, to 

which was referred the bill (S. 861) ‘‘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 and recommends 

that the (as amended) do pass. 

PURPOSE OF THE BILL

The purpose of S. 861, the Coastal and Estuarine Land Protection Act, is to authorize a competitive matching grant program in 

the National Oceanic and Atmospheric Administration (NOAA) to 

facilitate coastal State acquisition of interests in land from willing 

sellers of important coastal areas to permanently protect them 

from conversion or development. 

BACKGROUND AND NEEDS

Coastal regions are critical to the economic and environmental 

health of the United States. The 425 coastal counties generate $1.3 

trillion of the Gross National Product (GNP), and coastal industries 

account for more than 28 million jobs, over one-third of our national employment. At the same time, coastal estuaries are among 

the most biologically productive regions in the nation. Estuaries, 

wetlands, and the watersheds that flow into them support critical 

life cycle stages of many species of fish and wildlife, and these 

areas help improve surface water quality by filtering out contaminants. Additionally, coastal areas provide recreational opportunities for more than 180 million Americans each year. 

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Over sixty percent of all Americans live within 50 miles of the 

Atlantic and Pacific Oceans, the Gulf of Mexico, and the five Great 

Lakes. The population density of these areas is four times the national average, and the coastal population is expected to grow by 

15 percent during the next two decades. Increasing numbers of people—estimated at more than 3,000 people every day—move to 

coastal areas, and with this rise in population, there has been a 

tremendous increase in the competing uses of coastal resources. 

Many communities do not have the ability to plan for or respond 

to new pressures on the coastal zone, such as increases in solid 

waste production, non-point source pollution, losses of green space 

and wildlife habitat, water quality degradation, and other stresses 

on coastal and marine environments. Recent studies have concluded that as the amount of impervious surface increases beyond 

10 percent, abundance and diversity of aquatic species decline. 

These pressures of urbanization and pollution along our nation’s 

coasts threaten to cause irreparable damage to fragile coastal ecosystems. 

Congress enacted the Coastal Zone Management Act (CZMA) in 

1972 in an effort to encourage states to establish coordinated coastal zone management programs and help balance coastal development with protection. Since the CZMA became law, 34 of the 35 

coastal states have established approved programs to help preserve 

and utilize their coastal resources, and the program has proven to 

be a successful partnership between the Federal government and 

states. The CZMA provides grants to States that develop and implement Federally approved coastal zone management plans. It 

also allows States with approved plans the right to review Federal 

actions to ensure they are consistent with State plans, and it authorizes the National Estuarine Research Reserve (NERR) system. 

This reserve system, a network of 25 protected areas representing 

different biogeographic regions of the United States, protects more 

than one million acres of estuarine habitat, conducts essential research, and provides a variety of educational opportunities. 

While there have been great strides in managing much of the nation’s coastal zones under the CZMA, many coastal ecosystems remain vulnerable to the pressures of industrialization and development. Further conservation efforts are limited because there is currently no Federal program explicitly setting aside funding for conservation of coastal or estuarine lands, or for coordinating coastal 

conservation partnerships among the Federal government, State 

agencies, local governments, private landowners, and non-profit organizations. Such partnership programs that protect coastal lands 

through purchase from a willing seller of interests in property can 

be a cost-effective means of providing areas with permanent protection from development, and they are strongly supported by coastal 

States, which work with private land trusts and others to protect 

coastal property around the nation. 

A number of successful coastal land acquisition partnerships 

have demonstrated the benefits of such programs. For example, the 

ACE Basin Project in South Carolina has developed a coordinated 

protection program covering more than 350,000 acres. The Great 

Bay Resource Protection Partnership in New Hampshire has permanently protected 3,963 coastal acres, either through purchase or 

easement. Through the Mobile-Tensaw Watershed Project in AlaVerDate jul 14 2003 06:30 Oct 02, 2003 Jkt 029010 PO 00000 Frm 00004 Fmt 6659 Sfmt 6601 E:\HR\OC\SR158.XXX SR158
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bama, Federal and State conservation agencies have protected 

more than 104,000 acres within an area spanning 280,000 acres 

that is extremely threatened by development. California’s 5-county 

Natural Communities Conservation Plan partnership has resulted 

in leveraging tens of millions of local, State, and private dollars 

throughout the region. 

Recent reports have highlighted the urgent need for further developing a national land acquisition partnership program. The 2001 

National Coastal Condition Report, issued jointly by the Environmental Protection Agency (EPA), NOAA, the Department of Interior, and the Department of Agriculture, found the poorest coastal 

conditions were associated with coastal wetland loss and eutrophic 

condition; both are conditions linked to coastal development pressures. The Southern Forest Resource Assessment, issued in 2001 

by the U.S. Forest Service, the EPA, and the U.S. Fish and Wildlife 

Service, projected that the southeast alone could lose about 12 million acres to urbanization between 1992 and 2020 and an additional 19 million acres between 2020 and 2040, much of which is 

slated to occur along the coast. While programs such as the Forest 

Legacy Program make funds available for forest protection, there 

is no comparable fund for coastal land needs. 

S. 861 would authorize a coastal land acquisition program to address these needs. Specifically, this legislation would authorize the 

Secretary of Commerce to establish the Coastal and Estuarine 

Land Program within NOAA to facilitate protection of important 

coastal and estuarine areas that have significant conservation, 

recreation, ecological, historical, or aesthetic values and are threatened by development or conversion. The legislation would authorize 

the Secretary of Commerce to award competitive grants to coastal 

States with approved coastal management programs or to NERRs 

for the purpose of acquiring sensitive coastal property or interests 

in such property from willing sellers. Areas eligible for acquisition 

grants would be allowed to extend landward of the coastal plain 

into watershed drainage basins and flood plains where the integrity of the ecosystem is inextricably linked to coastal ocean ecosystem health and function. 

Proposals eligible for funding would be those that would further 

the goals of an approved coastal zone management plan, a NERR 

plan, or a regional or State watershed protection plan involving 

States with approved coastal zone management plans. The Senate 

Committee on Commerce, Science, and Transportation (the Committee) expects that proposals that further the goals of plans developed under the National Estuary Program (section 320 of the Federal Water Pollution and Control Act) would fall within these criteria. The legislation would direct coastal States to identify conservation needs and threats to sensitive habitats and to develop 

proposals that respond to such needs. The Committee encourages 

States to leverage acquisition funds by coordinating with other federally funded estuary and habitat programs. 

Additionally, the legislation would authorize the Secretary of 

Commerce to conduct a regional watershed demonstration project, 

which leverages an equal share of land acquisition funding from 

other Federal contributions, involves a broad spectrum of partners, 

creates conservation corridors and preserves unique habitats, proVerDate jul 14 2003 06:30 Oct 02, 2003 Jkt 029010 PO 00000 Frm 00005 Fmt 6659 Sfmt 6601 E:\HR\OC\SR158.XXX SR158
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tects areas under imminent threat, and helps protect the water 

quality of areas designated as an NERR. 

The bill would authorize $60 million annually for the Coastal 

and Estuarine Land Program and would require that at least 15 

percent of the funds be used for the benefit of NERRs. It further 

authorizes $5 million for the regional watershed demonstration 

project, to remain available until expended. 

LEGISLATIVE HISTORY

S. 861 was introduced by Senators Hollings and Gregg, along 

with 23 co-sponsors, on April 10, 2003, and referred to the Senate 

Committee on Commerce, Science, and Transportation. On June 

19, 2003, the bill was considered by the Committee in an open executive session. The Committee, without objection, ordered S. 861 

be reported with an amendment. 

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. 861—Coastal and Estuarine Land Protection Act 

Summary: S. 861 would establish a new grant program to be carried out by the National Oceanic and Atmospheric Administration 

(NOAA). Assuming appropriation of the amount authorized by the 

bill, CBO estimates that the federal government would spend about 

$5 million in fiscal year 2004 and about $190 million over the 

2004–2008 period to implement the legislation. The remaining $115 

million authorized would be spent after 2008. Enacting S. 861 

would not affect revenues or direct spending. 

This legislation 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: S. 861 would authorize 

the appropriation of $60 million for each of fiscal years 2004 

through 2008 for competitive grants to eligible states. The grants 

would be used to finance up to 75 percent of the costs of acquiring 

land in coastal zone management areas or national estuarine research reserves. (These are undeveloped but vulnerable coastal 

areas that are protected by NOAA and the states under the Coastal 

Zone Management Act.) In addition, the bill would authorize the 

appropriation of $5 million in 2004 for a demonstration project to 

protect coastal habitat. 

The estimated budgetary impact of S. 861 is shown in the following table. The costs of this legislation fall within budget function 300 (natural resources and environment). For this estimate, 

CBO assumes that the full amounts authorized by the bill will be 

appropriated for each year and that outlays will follow historical 

spending patterns for other NOAA grant programs.

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By fiscal year in millions of dollars—

2004 2005 2006 2007 2008

CHANGES IN SPENDING SUBJECT TO APPROPRIATION

Authorization Level ........................................................................................ 65 60 60 60 60

Estimated Outlays ......................................................................................... 5 25 40 60 60

Intergovernmental and private-sector impact: S. 861 contains no 

intergovernmental or private-sector mandates as defined in UMRA. 

The bill would authorize grants to states to acquire property to protect certain coastal or estuarine areas. Grantees would be able to 

allocate a portion of the funds received under the program to qualified local entities to acquire land in cooperation with other organizations. Any costs to state or local governments would be the result 

of complying with grant conditions. 

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

State, Local, and Tribal Governments: Marjorie Miller; Impact on 

the private sector: Lauren Marks. 

Estimate approved by: Robert A. Sunshine, 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: 

Because S. 861 would create a new program, the legislation 

would have additional regulatory impacts on participating entities. 

The Coastal and Estuarine Land Program would allow the Federal 

government, through the National Ocean Service of NOAA, to issue 

grants to participating States or NERR units for the purpose of acquiring property, or interests in property. Voluntary participants to 

the program would be subject to additional regulatory reporting requirements. 

NUMBER OF PERSONS COVERED

The Coastal and Estuarine Land Program would allow the Federal government to issue grants to participating States or NERR 

units for the purpose of acquiring property, or interests in property, 

of important coastal and estuarine areas that have significant conservation, recreation, ecological, historical, or aesthetic values and 

are threatened by development or conversion. The program requires a willing seller and purchaser of such interests; and therefore, the program would impact only voluntary participants and 

would not subject any private citizens or businesses not participating in the program to additional regulation. 

ECONOMIC IMPACT

The bill would authorize funding for the Coastal and Estuarine 

Land Program at a level of $60 million for fiscal year (FY) 2004 

through FY 2008, and $5 million for the regional watershed demonstration project, to remain available until expended. These authorization levels are intended to improve the performance of the 

Federal and State bodies implementing the CZMA and should have 

a beneficial impact on the long-term economy of the United States. 

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PRIVACY

This legislation would not have any adverse impact on the personal privacy of the individuals that will be impacted by this legislation. 

PAPERWORK

S. 861 would not impose any new paperwork requirements on 

private citizens or businesses that do not choose to participate in 

the Coastal and Estuarine Land Program; entities choosing to participate in the program may be subject to some changes in the paperwork requirements of the program. 

SECTION-BY-SECTION ANALYSIS

Section 1. Short title 

This section states the short title is cited as the ‘‘Coastal and Estuarine Land Protection Act.’’

Section 2. Findings 

This section includes a number of Congressional findings, as follows— 

(1) coastal and estuarine areas provide important habitats 

and ecological functions; 

(2) the Coastal Zone Management Act (CZMA) establishes a 

Federal-state partnership for protecting natural reserves and 

managing growth; 

(3) the National Estuarine Research Reserve system relies 

on the protection of pristine designated areas; 

(4) coastal managers need a range of tools to protect and conserve sensitive areas; 

(5) acquiring coastal property from a willing seller is a costeffective means of protecting these areas; 

(6) permanent protection of coastal lands is necessary to 

maintain and enhance coastal and estuarine areas; 

(7) Federal, State, and non-governmental pilot land acquisition projects have contributed to the long-term health and viability of coastal and estuarine systems; and 

(8) enhanced estuarine and coastal protection can be attained through watershed-based acquisition strategies coordinated through Federal, State, regional, and local efforts. 

Section 3. Establishment of Coastal and Estuarine Land Protection 

Program 

Subsection (a) would require the Secretary of Commerce to establish a Coastal and Estuarine Land Protection Program for protecting important coastal and estuarine areas that are threatened 

by development. The program would be administered by the National Ocean Service through the Office of Ocean and Coastal Resource Management. 

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

coastal States with approved coastal zone management plans or 

National Estuarine Research Reserve units for acquiring property 

or interests in property that will further the goals of those management plans or programs. 

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Subsection (c) would require the Secretary to allocate funds 

through a competitive grant process under the following guidelines—

(1) the Secretary shall consult with the State’s coastal zone 

or estuarine management program; 

(2) each participating State shall identify conservation needs 

and threats; 

(3) each State shall evaluate any program impacts on working waterfront needs; 

(4) the applicant shall identify the values to be protected and 

identify how planned management activities will affect the 

identified values; 

(5) awards shall be based on demonstrated need for protection and ability to successfully leverage other funds; 

(6) applications must be consistent with the approved coastal 

zone plan, program, and policies; 

(7) priority shall be given to lands that can be effectively 

managed and that have significant ecological value; 

(8) in developing guidelines, the Secretary shall consult with 

other groups that are expert in land acquisition and conservation procedures; 

(9) eligible States or NERR units may allocate grants to local 

governments or agencies and may acquire lands in cooperation 

with non-governmental entities and Federal agencies; and 

(10) the Secretary shall develop performance measures for 

periodic evaluation of the program’s effectiveness, which shall 

be reported to Congress. 

Subsection (d) would require that Federal funds must be 

matched by non-Federal funds. The Federal share would be limited 

to 75 percent, unless specifically waived for underserved communities, communities unable to draw on other sources of funding, or 

for other reasons the Secretary deems appropriate. Where financial 

assistance represents only a portion of the total project cost, other 

Federal funding may be applied to the project, subject to match requirements under applicable law. The non-Federal cost share may 

be determined by taking into account the land value (if determined 

3 years before or after submission), or costs or in-kind contributions 

associated with land management activities during the period of 

the grant award. 

Subsection (e) would establish a regional watershed demonstration project. Up to $5,000,000 would be provided for a regional watershed protection demonstration project that—

(1) leverages equivalent or greater land acquisition funding 

from other Federal land conservation or acquisition programs; 

(2) involves partnerships from Federal, State, and non-governmental entities; 

(3) creates conservation corridors and preserves unique 

coastal habitat; 

(4) protects largely unfragmented habitat under imminent 

threat of development or conversion; 

(5) provides water quality protection for research areas 

under the National Estuarine Research Reserve program; and 

(6) provides a model for future regional watershed protection 

projects. 

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Subsection (f) would provide that at least 15 percent of funds 

shall be available for acquisitions benefiting National Estuarine 

Research Reserve acquisitions. 

Subsection (g) would provide that no more than 5 percent of the 

funds shall be used for planning or administration. The Secretary 

shall submit a report to Congress accounting for expenditures for 

FY 2004 and FY 2005, and triennially thereafter. 

Subsection (h) would provide that if any property is acquired 

with funds made available through a grant, the State (as the grant 

recipient) shall assure that (a) it or its designated public agency 

will hold the title to the property in perpetuity; (b) the property 

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

program; and (c) if the property or interest in land is sold, exchanged, or divested, funds will be returned for re-distribution in 

the grant process. The term ‘‘conservation easement’’ includes an 

easement, recorded deed, or interest deed accompanied by all property rights, except those that are expressly reserved by a grantor 

and agreed to at the time of purchase. 

Subsection (i) defines the term ‘‘coastal State’’ as being consistent 

with the definition in section 304 of the Coastal Zone Management 

Act, and any other term in this Act that is defined in that section 

of the CZMA would take on the CZMA definition. 

Subsection (j) would authorize $60 million annually for FY 2004 

through FY 2008 (except for the watershed demonstration project, 

for which $5 million is authorized for FY 2004, to remain available 

until expended). 

Section 4. Assistance from other agencies 

This section would amend the CZMA to allow the Secretary to 

enter into technical assistance program contracts with any Federal 

agency (including for interagency Coastal America activities), in 

addition to any other qualified person. 

CHANGES IN EXISTING LAW

In compliance with paragraph 12 of rule XXVI of the Standing 

Rules of the Senate, changes in existing law made by the bill, as 

reported, are shown as follows (existing law proposed to be omitted 

is enclosed in black brackets, new material is printed in italic, existing law in which no change is proposed is shown in roman): 

COASTAL ZONE MANAGEMENT ACT OF 1972

SEC. 310. TECHNICAL ASSISTANCE. 

[16 U.S.C. 1456C]

(a) The Secretary shall conduct a program of technical assistance 

and management-oriented research necessary to support the development and implementation of State coastal management program 

amendments under section 309, and appropriate to the furtherance 

of international cooperative efforts and technical assistance in 

coastal zone management. Each department, agency, and instrumentality of the executive branch of the Federal Government may 

assist the Secretary, on a reimbursable basis or otherwise, in carVerDate jul 14 2003 06:30 Oct 02, 2003 Jkt 029010 PO 00000 Frm 00010 Fmt 6659 Sfmt 6601 E:\HR\OC\SR158.XXX SR158
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rying out the purposes of this section, including the furnishing of 

information to the extent permitted by law, the transfer of personnel with their consent and without prejudice to their position 

and rating, and the performance of any research, study, and technical assistance which does not interfere with the performance of 

the primary duties of such department, agency, or instrumentality. 

The Secretary may enter into contracts or other arrangements with 

øany qualified person for the purposes of carrying out this subsection.¿ any other Federal agencies (including interagency financing of Coastal America activities) and any other qualified person for 

the purposes of carrying out this section. 

(b)(1) The Secretary shall provide for the coordination of technical assistance, studies, and research activities under this section 

with any other such activities that are conducted by or subject to 

the authority of the Secretary. 

(2) The Secretary shall make the results of research and studies 

conducted pursuant to this section available to coastal states in the 

form of technical assistance publications, workshops, or other 

means appropriate. 

(3) The Secretary shall consult with coastal states on a regular 

basis regarding the development and implementation of the program established by this section.

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