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[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5160 Enrolled Bill (ENR)]

        H.R.5160

                       One Hundred Ninth Congress

                                 of the

                        United States of America

                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Tuesday,
             the third day of January, two thousand and six

                                 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:
        (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.
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.--
        (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
            (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.--
        (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.
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.
  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.
    (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.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.
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