‘‘(ii) the value of the land or easement 
is held by a non-governmental organization 
included in the grant application in per-
petuity for conservation purposes of the 
program; and 
‘‘(iii) the land or easement is con-
nected either physically or through a con-
servation planning process to the land or 
easement that would be acquired. 
‘‘(B) The appraised value of the land or 
conservation easement at the time of the grant 
closing will be considered and applied as the 
non-Federal cost share. 
‘‘(C) Costs associated with land acquisi-
tion, land management planning, remediation, 
restoration, and enhancement may be used as 
non-Federal match if the activities are identi-
fied in the plan and expenses are incurred with-
in the period of the grant award, or, for lands 
described in (A), within the same time limits 
described therein. These costs may include ei-
ther cash or in-kind contributions. 
‘‘(g) RESERVATION OF FUNDS FOR NATIONAL ESTU-
ARINE RESEARCH RESERVE SITES.—No less than 15 per-
cent of funds made available under this section shall be 
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available for acquisitions benefitting National Estuarine 
Research Reserves. 
‘‘(h) LIMIT ON ADMINISTRATIVE COSTS.—No more 
than 5 percent of the funds made available to the Sec-
retary under this section shall be used by the Secretary 
for planning or administration of the program. The Sec-
retary shall provide a report to Congress with an account 
of all expenditures under this section for fiscal year 2009 
and triennially thereafter. 
‘‘(i) TITLE AND MANAGEMENT OF ACQUIRED PROP-
ERTY.—If any property is acquired in whole or in part 
with funds made available through a grant under this sec-
tion, the grant recipient shall provide— 
‘‘(1) such assurances as the Secretary may re-
quire that— 
‘‘(A) the title to the property will be held 
by the grant recipient or another appropriate 
public agency designated by the recipient in 
perpetuity; 
‘‘(B) the property will be managed in a 
manner that is consistent with the purposes for 
which the land entered into the program and 
shall not convert such property to other uses; 
and 
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‘‘(C) if the property or interest in land is 
sold, exchanged, or divested, funds equal to the 
current value will be returned to the Secretary 
in accordance with applicable Federal law for 
redistribution in the grant process; and 
‘‘(2) certification that the property (including 
any interest in land) will be acquired from a willing 
seller. 
‘‘(j) REQUIREMENT FOR PROPERTY USED FOR NON- 
FEDERAL MATCH.—If the grant recipient elects to use 
any land or interest in land held by a non-governmental 
organization as a non-Federal match under subsection (g), 
the grant recipient must to the Secretary’s satisfaction 
demonstrate in the grant application that such land or in-
terest will satisfy the same requirements as the lands or 
interests in lands acquired under the program. 
‘‘(k) DEFINITIONS.—In this section: 
‘‘(1) CONSERVATION
EASEMENT.—The term 
‘conservation easement’ includes an easement or re-
striction, recorded deed, or a reserve interest deed 
where the grantee acquires all rights, title, and in-
terest in a property, that do not conflict with the 
goals of this section except those rights, title, and 
interests that may run with the land that are ex-
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pressly reserved by a grantor and are agreed to at 
the time of purchase. 
‘‘(2) INTEREST IN PROPERTY.—The term ‘in-
terest in property’ includes a conservation easement. 
‘‘(l) AUTHORIZATION OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Secretary to carry 
out this section $60,000,000 for each of fiscal years 2009 
through 2013.’’. 
Æ 
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