II 

Calendar No. 302 

109TH CONGRESS 

1ST SESSION S. 158 

[Report No. 109–185] 

To establish the Long Island Sound Stewardship Initiative. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 25, 2005 

Mr. LIEBERMAN (for himself, Mrs. CLINTON, Mr. DODD, and Mr. SCHUMER) 

introduced the following bill; which was read twice and referred to the 

Committee on Environment and Public Works 

DECEMBER 8, 2005 

Reported under authority of the order of the Senate of November 18, 2005, 

by Mr. INHOFE, without amendment 

A BILL 

To establish the Long Island Sound Stewardship Initiative. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

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

5 Stewardship Act of 2005’’. 

6 SEC. 2. FINDINGS AND PURPOSE. 

7 (a) FINDINGS.—Congress finds that— 
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1 (1) Long Island Sound is a national treasure of 

2 great cultural, environmental, and ecological impor3 tance; 

4 (2) 8,000,000 people live within the Long Is5 land Sound watershed and 28,000,000 people (ap6 proximately 10 percent of the population of the 

7 United States) live within 50 miles of Long Island 

8 Sound; 

9 (3) activities that depend on the environmental 

10 health of Long Island Sound contribute more than 

11 $5,000,000,000 each year to the regional economy; 

12 (4) the portion of the shoreline of Long Island 

13 Sound that is accessible to the general public (esti14 mated at less than 20 percent of the total shoreline) 

15 is not adequate to serve the needs of the people liv16 ing in the area; 

17 (5) existing shoreline facilities are in many 

18 cases overburdened and underfunded; 

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

20 ownership are strained by the effort to balance the 

21 demand for recreation with the needs of sensitive 

22 natural resources; 

(7) approximately 1 23 ⁄3 of the tidal marshes of 

24 Long Island Sound have been filled, and much of 

25 the remaining marshes have been ditched, dyked, or 
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1 impounded, reducing the ecological value of the 

2 marshes; and 

3 (8) much of the remaining exemplary natural 

4 landscape is vulnerable to further development. 

5 (b) PURPOSE.—The purpose of this Act is to estab6 lish the Long Island Sound Stewardship Initiative to iden7 tify, protect, and enhance sites within the Long Island 

8 Sound ecosystem with significant ecological, educational, 

9 open space, public access, or recreational value through 

10 a bi-State network of sites best exemplifying these values. 

11 SEC. 3. DEFINITIONS. 

12 In this Act: 

13 (1) ADAPTIVE MANAGEMENT.—The term 

14 ‘‘adaptive management’’ means a scientific proc15 ess— 

16 (A) for— 

17 (i) developing predictive models; 

18 (ii) making management policy deci19 sions based upon the model outputs; 

20 (iii) revising the management policies 

21 as data become available with which to 

22 evaluate the policies; and 

23 (iv) acknowledging uncertainty, com24 plexity, and variance in the spatial and 

25 temporal aspects of natural systems; and 
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1 (B) that requires that management be 

2 viewed as experimental. 

3 (2) ADMINISTRATOR.—The term ‘‘Adminis4 trator’’ means the Administrator of the Environ5 mental Protection Agency. 

6 (3) COMMITTEE.—The term ‘‘Committee’’ 

7 means the Long Island Sound Stewardship Advisory 

8 Committee established by section 5(a). 

9 (4) REGION.—The term ‘‘Region’’ means the 

10 Long Island Sound Stewardship Initiative Region es11 tablished by section 4(a). 

12 (5) STATES.—The term ‘‘States’’ means the 

13 States of Connecticut and New York. 

14 (6) STEWARDSHIP SITE.—The term ‘‘steward15 ship site’’ means a site that— 

16 (A) qualifies for identification by the Com17 mittee under section 8; and 

18 (B) is an area of land or water or a com19 bination of land and water— 

20 (i) that is in the Region; and 

21 (ii) that is— 

22 (I) Federal, State, local, or tribal 

23 land or water; 

24 (II) land or water owned by a 

25 nonprofit organization; or 
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1 (III) privately owned land or 

2 water. 

3 (7) SYSTEMATIC SITE SELECTION.—The term 

4 ‘‘systematic site selection’’ means a process of select5 ing stewardship sites that— 

6 (A) has explicit goals, methods, and cri7 teria; 

8 (B) produces feasible, repeatable, and de9 fensible results; 

10 (C) provides for consideration of natural, 

11 physical, and biological patterns; 

12 (D) addresses reserve size, replication, 

13 connectivity, species viability, location, and pub14 lic recreation values; 

15 (E) uses geographic information systems 

16 technology and algorithms to integrate selection 

17 criteria; and 

18 (F) will result in achieving the goals of 

19 stewardship site selection at the lowest cost. 

20 (8) THREAT.—The term ‘‘threat’’ means a 

21 threat that is likely to destroy or seriously degrade 

22 a conservation target or a recreation area. 
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1 SEC. 4. LONG ISLAND SOUND STEWARDSHIP INITIATIVE 

2 REGION. 

3 (a) ESTABLISHMENT.—There is established in the 

4 States the Long Island Sound Stewardship Initiative Re5 gion. 

6 (b) BOUNDARIES.—The Region shall encompass the 

7 immediate coastal upland and underwater areas along 

8 Long Island Sound, including— 

9 (1) those portions of the Sound with coastally 

10 influenced vegetation, as described on the map enti11 tled the ‘‘Long Island Sound Stewardship Region’’ 

12 and dated April 21, 2004; and 

13 (2) the Peconic Estuary, as described on the 

14 map entitled ‘‘Peconic Estuary Program Study Area 

15 Boundaries’’, included in the Comprehensive Con16 servation and Management Plan for the Peconic Es17 tuary Program and dated November 15, 2001. 

18 SEC. 5. LONG ISLAND SOUND STEWARDSHIP ADVISORY 

19 COMMITTEE. 

20 (a) ESTABLISHMENT.—There is established a com21 mittee to be known as the ‘‘Long Island Sound Steward22 ship Advisory Committee’’. 

23 (b) CHAIRPERSON.—The Chairperson of the Com24 mittee shall be the Director of the Long Island Sound Of25 fice of the Environmental Protection Agency, or a designee 

26 of the Director. 
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1 (c) MEMBERSHIP.— 

2 (1) COMPOSITION.— 

3 (A) APPOINTMENT OF MEMBERS.— 

4 (i) IN GENERAL.—The Chairperson 

5 shall appoint the members of the Com6 mittee in accordance with this subsection 

7 and section 320(c) of the Federal Water 

8 Pollution Control Act (33 U.S.C. 1330(c)). 

9 (ii) ADDITIONAL MEMBERS.—In addi10 tion to the requirements described in 

11 clause (i), the Committee shall include— 

12 (I) a representative from the Re13 gional Plan Association; 

14 (II) a representative of the ma15 rine trade organizations; and 

16 (III) a representative of private 

17 landowner interests. 

18 (B) REPRESENTATION.—In appointing 

19 members to the Committee, the Chairperson 

20 shall consider— 

21 (i) Federal, State, and local govern22 ment interests; 

23 (ii) the interests of nongovernmental 

24 organizations; 

25 (iii) academic interests; and 
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1 (iv) private interests. 

2 (2) DATE OF APPOINTMENTS.—Not later than 

3 180 days after the date of enactment of this Act, the 

4 appointment of all members of the Committee shall 

5 be made. 

6 (d) TERM; VACANCIES.— 

7 (1) TERM.— 

8 (A) IN GENERAL.—A member shall be ap9 pointed for a term of 4 years. 

10 (B) MULTIPLE TERMS.—A person may be 

11 appointed as a member of the Committee for 

12 more than 1 term. 

13 (2) VACANCIES.—A vacancy on the Committee 

14 shall— 

15 (A) be filled not later than 90 days after 

16 the vacancy occurs; 

17 (B) not affect the powers of the Com18 mittee; and 

19 (C) be filled in the same manner as the 

20 original appointment was made. 

21 (3) STAFF.— 

22 (A) IN GENERAL.—The Chairperson of the 

23 Committee may appoint and terminate per24 sonnel as necessary to enable the Committee to 

25 perform the duties of the Committee. 
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1 (B) PERSONNEL AS FEDERAL EMPLOY2 EES.— 

3 (i) IN GENERAL.—Any personnel of 

4 the Committee who are employees of the 

5 Committee shall be employees under sec6 tion 2105 of title 5, United States Code, 

7 for purposes of chapters 63, 81, 83, 84, 

8 85, 87, 89, and 90 of that title. 

9 (ii) MEMBERS OF COMMITTEE.— 

10 Clause (i) does not apply to members of 

11 the Committee. 

12 (e) INITIAL MEETING.—Not later than 30 days after 

13 the date on which all members of the Committee have been 

14 appointed, the Committee shall hold the initial meeting of 

15 the Committee. 

16 (f) MEETINGS.—The Committee shall meet at the 

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

18 year. 

19 (g) QUORUM.—A majority of the members of the 

20 Committee shall constitute a quorum, but a lesser number 

21 of members may hold hearings. 

22 SEC. 6. DUTIES OF THE COMMITTEE. 

23 The Committee shall— 

24 (1) consistent with the guidelines described in 

25 section 8— 
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1 (A) evaluate applications from government 

2 or nonprofit organizations qualified to hold con3 servation easements for funds to purchase land 

4 or development rights for stewardship sites; 

5 (B) evaluate applications to develop and 

6 implement management plans to address 

7 threats; 

8 (C) evaluate applications to act on oppor9 tunities to protect and enhance stewardship 

10 sites; and 

11 (D) recommend that the Administrator 

12 award grants to qualified applicants; 

13 (2) recommend guidelines, criteria, schedules, 

14 and due dates for evaluating information to identify 

15 stewardship sites; 

16 (3) publish a list of sites that further the pur17 poses of this Act, provided that owners of sites shall 

18 be— 

19 (A) notified prior to the publication of the 

20 list; and 

21 (B) allowed to decline inclusion on the list; 

22 (4) raise awareness of the values of and threats 

23 to these sites; and 

24 (5) leverage additional resources for improved 

25 stewardship of the Region. 
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1 SEC. 7. POWERS OF THE COMMITTEE. 

2 (a) HEARINGS.—The Committee may hold such hear3 ings, meet and act at such times and places, take such 

4 testimony, and receive such evidence as the Committee 

5 considers advisable to carry out this Act. 

6 (b) INFORMATION FROM FEDERAL AGENCIES.— 

7 (1) IN GENERAL.—The Committee may secure 

8 directly from a Federal agency such information as 

9 the Committee considers necessary to carry out this 

10 Act. 

11 (2) PROVISION OF INFORMATION.— 

12 (A) IN GENERAL.—Subject to subpara13 graph (C), on request of the Chairperson of the 

14 Committee, the head of a Federal agency shall 

15 provide the information requested by the Chair16 person to the Committee. 

17 (B) ADMINISTRATION.—The furnishing of 

18 information by a Federal agency to the Com19 mittee shall not be considered a waiver of any 

20 exemption available to the agency under section 

21 552 of title 5, United States Code. 

22 (C) INFORMATION TO BE KEPT CONFIDEN23 TIAL.— 

24 (i) IN GENERAL.—For purposes of 

25 section 1905 of title 18, United States 

26 Code— 
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1 (I) the Committee shall be con2 sidered an agency of the Federal Gov3 ernment; and 

4 (II) any individual employed by 

5 an individual, entity, or organization 

6 that is a party to a contract with the 

7 Committee under this Act shall be 

8 considered an employee of the Com9 mittee. 

10 (ii) PROHIBITION ON DISCLOSURE.— 

11 Information obtained by the Committee, 

12 other than information that is available to 

13 the public, shall not be disclosed to any 

14 person in any manner except to an em15 ployee of the Committee as described in 

16 clause (i) for the purpose of receiving, re17 viewing, or processing the information. 

18 (c) POSTAL SERVICES.—The Committee may use the 

19 United States mails in the same manner and under the 

20 same conditions as other agencies of the Federal Govern21 ment. 

22 (d) DONATIONS.—The Committee may accept, use, 

23 and dispose of donations of services or property that ad24 vance the goals of the Long Island Sound Stewardship Ini25 tiative. 
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1 SEC. 8. STEWARDSHIP SITES. 

2 (a) INITIAL SITES.— 

3 (1) IDENTIFICATION.— 

4 (A) IN GENERAL.—The Committee shall 

5 identify 20 initial Long Island Sound steward6 ship sites that the Committee has determined— 

7 (i)(I) are natural resource-based 

8 recreation areas; or 

9 (II) are exemplary natural areas with 

10 ecological value; and 

11 (ii) best promote the purposes of this 

12 Act. 

13 (B) EXEMPTION.—Sites described in sub14 paragraph (A) are not subject to the site identi15 fication process described in subsection (d). 

16 (2) EQUITABLE DISTRIBUTION OF FUNDS FOR

17 INITIAL SITES.—In identifying initial sites under 

18 paragraph (1), the Committee shall exert due dili19 gence to recommend an equitable distribution of 

20 funds between the States for the initial sites. 

21 (b) APPLICATION FOR IDENTIFICATION AS A STEW22 ARDSHIP SITE.—Subsequent to the identification of the 

23 initial stewardship sites under subsection (a), owners of 

24 sites may submit applications to the Committee in accord25 ance with subsection (c) to have the sites identified as 

26 stewardship sites. 
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1 (c) IDENTIFICATION.—The Committee shall review 

2 applications submitted by owners of potential stewardship 

3 sites to determine whether the sites should be identified 

4 as exhibiting values consistent with the purposes of this 

5 Act. 

6 (d) SITE IDENTIFICATION PROCESS.— 

7 (1) NATURAL RESOURCE-BASED RECREATION

8 AREAS.—The Committee shall identify additional 

9 recreation areas with potential as stewardship sites 

10 using a selection technique that includes— 

11 (A) public access; 

12 (B) community support; 

13 (C) areas with high population density; 

14 (D) environmental justice (as defined in 

15 section 385.3 of title 33, Code of Federal Regu16 lations (or successor regulations)); 

17 (E) connectivity to existing protected areas 

18 and open spaces; 

19 (F) cultural, historic, and scenic areas; and 

20 (G) other criteria developed by the Com21 mittee. 

22 (2) NATURAL AREAS WITH ECOLOGICAL

23 VALUE.—The Committee shall identify additional 

24 natural areas with ecological value and potential as 

25 stewardship sites— 
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1 (A) based on measurable conservation tar2 gets for the Region; and 

3 (B) following a process for prioritizing new 

4 sites using systematic site selection, which shall 

5 include— 

6 (i) ecological uniqueness; 

7 (ii) species viability; 

8 (iii) habitat heterogeneity; 

9 (iv) size; 

10 (v) quality; 

11 (vi) connectivity to existing protected 

12 areas and open spaces; 

13 (vii) land cover; 

14 (viii) scientific, research, or edu15 cational value; 

16 (ix) threats; and 

17 (x) other criteria developed by the 

18 Committee. 

19 (3) PUBLICATION OF LIST.—After completion 

20 of the site identification process, the Committee 

21 shall— 

22 (A) publish in the Federal Register a list 

23 of sites that further the purposes of this Act; 

24 and 
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1 (B) prior to publication of the list, provide 

2 to owners of the sites to be published— 

3 (i) a notification of publication; and 

4 (ii) an opportunity to decline inclusion 

5 of the site of the owner on the list. 

6 (4) DEVIATION FROM PROCESS.— 

7 (A) IN GENERAL.—The Committee may 

8 identify as a potential stewardship site, a site 

9 that does not meet the criteria in paragraph (1) 

10 or (2), or reject a site selected under paragraph 

11 (1) or (2), if the Committee— 

12 (i) selects a site that makes signifi13 cant ecological or recreational contribu14 tions to the Region; 

15 (ii) publishes the reasons that the 

16 Committee decided to deviate from the sys17 tematic site selection process; and 

18 (iii) before identifying or rejecting the 

19 potential stewardship site, provides to the 

20 owners of the site the notification of publi21 cation, and the opportunity to decline in22 clusion of the site on the list published 

23 under paragraph (3)(A), described in para24 graph (3)(B). 
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1 (5) PUBLIC COMMENT.—In identifying potential 

2 stewardship sites, the Committee shall consider pub3 lic comments. 

4 (e) GENERAL GUIDELINES FOR MANAGEMENT.— 

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

6 adaptive management framework to identify the best 

7 policy initiatives and actions through— 

8 (A) definition of strategic goals; 

9 (B) definition of policy options for methods 

10 to achieve strategic goals; 

11 (C) establishment of measures of success; 

12 (D) identification of uncertainties; 

13 (E) development of informative models of 

14 policy implementation; 

15 (F) separation of the landscape into geo16 graphic units; 

17 (G) monitoring key responses at different 

18 spatial and temporal scales; and 

19 (H) evaluation of outcomes and incorpora20 tion into management strategies. 

21 (2) APPLICATION OF ADAPTIVE MANAGEMENT

22 FRAMEWORK.—The Committee shall apply the 

23 adaptive management framework to the process for 

24 updating the list of recommended stewardship sites. 
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1 SEC. 9. REPORTS. 

2 (a) IN GENERAL.—For each of fiscal years 2006 

3 through 2013, the Committee shall submit to the Adminis4 trator an annual report that contains— 

5 (1) a detailed statement of the findings and 

6 conclusions of the Committee since the last report; 

7 (2) a description of all sites recommended by 

8 the Committee to be approved as stewardship sites; 

9 (3) the recommendations of the Committee for 

10 such legislation and administrative actions as the 

11 Committee considers appropriate; and 

12 (4) in accordance with subsection (b), the rec13 ommendations of the Committee for the awarding of 

14 grants. 

15 (b) GENERAL GUIDELINES FOR RECOMMENDA16 TIONS.— 

17 (1) IN GENERAL.—The Committee shall rec18 ommend that the Administrator award grants to 

19 qualified applicants to help to secure and improve 

20 the open space, public access, or ecological values of 

21 stewardship sites, through— 

22 (A) purchase of the property of the site; 

23 (B) purchase of relevant property rights of 

24 the site; or 

25 (C) entering into any other binding legal 

26 arrangement that ensures that the values of the 
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1 site are sustained, including entering into an 

2 arrangement with a land manager or owner to 

3 develop or implement an approved management 

4 plan that is necessary for the conservation of 

5 natural resources. 

6 (2) EQUITABLE DISTRIBUTION OF FUNDS.— 

7 The Committee shall exert due diligence to rec8 ommend an equitable distribution of funds between 

9 the States. 

10 (c) ACTION BY THE ADMINISTRATOR.— 

11 (1) IN GENERAL.—Not later than 90 days after 

12 receiving a report under subsection (a), the Adminis13 trator shall— 

14 (A) review the recommendations of the 

15 Committee; and 

16 (B) take actions consistent with the rec17 ommendations of the Committee, including the 

18 approval of identified stewardship sites and the 

19 award of grants, unless the Administrator 

20 makes a finding that any recommendation is 

21 unwarranted by the facts. 

22 (2) REPORT.—Not later than 1 year after the 

23 date of enactment of this Act, the Administrator 

24 shall develop and publish a report that— 
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1 (A) assesses the current resources of and 

2 threats to Long Island Sound; 

3 (B) assesses the role of the Long Island 

4 Sound Stewardship Initiative in protecting 

5 Long Island Sound; 

6 (C) establishes guidelines, criteria, sched7 ules, and due dates for evaluating information 

8 to identify stewardship sites; 

9 (D) includes information about any grants 

10 that are available for the purchase of land or 

11 property rights to protect stewardship sites; 

12 (E) accounts for funds received and ex13 pended during the previous fiscal year; 

14 (F) shall be made available to the public 

15 on the Internet and in hardcopy form; and 

16 (G) shall be updated at least every other 

17 year, except that information on funding and 

18 any new stewardship sites identified shall be 

19 published more frequently. 

20 SEC. 10. PRIVATE PROPERTY PROTECTION. 

21 (a) ACCESS TO PRIVATE PROPERTY.—Nothing in 

22 this Act— 

23 (1) requires any private property owner to allow 

24 public access (including Federal, State, or local gov25 ernment access) to the private property; or 
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1 (2) modifies any provision of Federal, State, or 

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

3 private property, except as entered into by voluntary 

4 agreement of the owner or custodian of the property. 

5 (b) LIABILITY.—Approval of the Long Island Sound 

6 Stewardship Initiative Region does not create any liability, 

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

8 of any private property owner with respect to any person 

9 injured on the private property. 

10 (c) RECOGNITION OF AUTHORITY TO CONTROL LAND

11 USE.—Nothing in this Act modifies the authority of Fed12 eral, State, or local governments to regulate land use. 

13 (d) PARTICIPATION OF PRIVATE PROPERTY OWNERS

14 IN THE LONG ISLAND SOUND STEWARDSHIP INITIATIVE

15 REGION.—Nothing in this Act requires the owner of any 

16 private property located within the boundaries of the Re17 gion to participate in or be associated with the Initiative. 

18 (e) EFFECT OF ESTABLISHMENT.— 

19 (1) IN GENERAL.—The boundaries approved for 

20 the Region represent the area within which Federal 

21 funds appropriated for the purpose of this Act may 

22 be expended. 

23 (2) REGULATORY AUTHORITY.—The establish24 ment of the Region and the boundaries of the Re25 gion does not provide any regulatory authority not 
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1 in existence on the date of enactment of this Act on 

2 land use in the Region by any management entity, 

3 except for such property rights as may be purchased 

4 from or donated by the owner of the property (in5 cluding the Federal Government or a State or local 

6 government, if applicable). 

7 SEC. 11. AUTHORIZATION OF APPROPRIATIONS. 

8 (a) IN GENERAL.—There is authorized to be appro9 priated to carry out this Act $25,000,000 for each of fiscal 

10 years 2006 through 2013. 

11 (b) USE OF FUNDS.—For each fiscal year, funds 

12 made available under subsection (a) shall be used by the 

13 Administrator, after reviewing the recommendations of the 

14 Committee submitted under section 9, for— 

15 (1) acquisition of land and interests in land; 

16 (2) development and implementation of site 

17 management plans; 

18 (3) site enhancements to reduce threats or pro19 mote stewardship; and 

20 (4) administrative expenses of the Committee. 

21 (c) FEDERAL SHARE.—The Federal share of the cost 

22 of an activity carried out using any assistance or grant 

23 under this Act shall not exceed 75 percent of the total 

24 cost of the activity. 
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1 SEC. 12. LONG ISLAND SOUND AUTHORIZATION OF APPRO2 PRIATIONS. 

3 Section 119(f) of the Federal Water Pollution Con4 trol Act (33 U.S.C. 1269(f)) is amended by striking 

5 ‘‘2005’’ each place it appears and inserting ‘‘2009’’. 

6 SEC. 13. TERMINATION OF COMMITTEE. 

7 The Committee shall terminate on December 31, 

8 2013. 
Calendar No. 302 

109TH CONGRESS 

1ST SESSION S. 158 

[Report No. 109–185] 

A BILL 

To establish the Long Island Sound Stewardship 

Initiative. 

DECEMBER 8, 2005 

Reported without amendment