I 
109TH CONGRESS 
2D SESSION 
H. R. 5160 
To establish the Long Island Sound Stewardship Initiative. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 6, 2006 
Mr. SIMMONS (for himself, Mr. ISRAEL, Mr. SHAYS, Mrs. JOHNSON of Con-
necticut, Mrs. MCCARTHY, Mr. HINCHEY, Mr. KING of New York, Mr. 
CROWLEY, Mr. BISHOP of New York, Mr. NADLER, Mr. FOSSELLA, Mr. 
SERRANO, Mr. MEEKS of New York, Mr. ACKERMAN, Mr. WALSH, Mrs. 
MALONEY, Ms. DELAURO, Mr. BOEHLERT, Mr. WEINER, Mr. OWENS, 
Mr. HIGGINS, Mrs. LOWEY, Mr. RANGEL, Mr. ENGEL, Mr. GILCHREST, 
and Mrs. KELLY) introduced the following bill; which was referred to the 
Committee on Resources, and in addition to the Committee on Transpor-
tation and Infrastructure, for a period to be subsequently determined by 
the Speaker, in each case for consideration of such provisions as fall with-
in the jurisdiction of the committee concerned 
A BILL 
To establish the Long Island Sound Stewardship Initiative. 
Be it enacted by the Senate and House of Representa-
tives 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— 
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(1) Long Island Sound is a national treasure of 
great cultural, environmental, and ecological impor-
tance; 
(2) 8,000,000 people live within the Long Is-
land Sound watershed and 28,000,000 people (ap-
proximately 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 (esti-
mated at less than 20 percent of the total shoreline) 
is not adequate to serve the needs of the people liv-
ing 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, dyked, or 
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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 estab-
lish the Long Island Sound Stewardship Initiative to iden-
tify, protect, and enhance 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) 
ADAPTIVE
MANAGEMENT.—The 
term 
‘‘adaptive management’’ means a scientific proc-
ess— 
(A) for— 
(i) developing predictive models; 
(ii) making management policy deci-
sions based upon the model outputs; 
(iii) revising the management policies 
as data become available with which to 
evaluate the policies; and 
(iv) acknowledging uncertainty, com-
plexity, and variance in the spatial and 
temporal aspects of natural systems; and 
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(B) that requires that management be 
viewed as experimental. 
(2) ADMINISTRATOR.—The term ‘‘Adminis-
trator’’ means the Administrator of the Environ-
mental Protection Agency. 
(3) ADVISORY COMMITTEE.—The term ‘‘Advi-
sory Committee’’ means the Long Island Sound 
Stewardship Advisory Committee established by sec-
tion 5(a). 
(4) POLICY
COMMITTEE.— The term ‘‘policy 
committee’’ means 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). 
(5) REGION.—The term ‘‘Region’’ means the 
Long Island Sound Stewardship Initiative Region es-
tablished by section 4(a). 
(6) STATE.—The term ‘‘State’’ means the 
States of Connecticut and New York. 
(7) STEWARDSHIP.—The term ‘stewardship’ 
means land acquisition, land conservation agree-
ments, site planning, plan implementation, land and 
habitat management, public access improvements, 
site monitoring, and other activities designed to en-
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hance and preserve natural resource-based recre-
ation and ecological function. 
(8) STEWARDSHIP SITE.—The term ‘‘steward-
ship site’’ means a site that— 
(A) qualifies for identification by the Advi-
sory Committee under section 8; and 
(B) is an area of land— 
(i) that is in the Region; and 
(ii) that is— 
(I) Federal, State, local, or tribal 
land; 
(II) land owned by a nonprofit 
organization; or 
(III) privately owned land. 
(9) SYSTEMATIC SITE SELECTION.—The term 
‘‘systematic site selection’’ means a process of select-
ing stewardship sites that— 
(A) has explicit goals, methods, and cri-
teria; 
(B) produces feasible, repeatable, and de-
fensible results; 
(C) provides for consideration of natural, 
physical, and biological patterns; 
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(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. 
(10) 
QUALIFIED
APPLICANTS.—The 
term 
‘qualified applicant’ means a person or governmental 
entity applying for designation of a site as a stew-
ardship site. The person or entity must own prop-
erty within the borders of the proposed stewardship 
site or own property that is both physically or eco-
logically connected to the proposed site and would 
benefit from management as part of the proposed 
site. 
(11) 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 the Long Island Sound Stewardship Initiative Re-
gion. 
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(b) BOUNDARIES.—The Region shall encompass the 
immediate coastal upland areas along Long Island Sound 
between mean high water and the inland boundary, as de-
scribed on the map entitled the ‘‘Long Island Sound Stew-
ardship Region’’ and dated April 21, 2004, and the 
Peconic Estuary as described on the map entitled 
‘‘Peconic Estuary Program Study Area Boundaries’’ in-
cluded in the Comprehensive Conservation and Manage-
ment Plan for the Peconic Estuary Program and dated 
November 15, 2001. 
SEC. 5. LONG ISLAND SOUND STEWARDSHIP ADVISORY 
COMMITTEE. 
(a) ESTABLISHMENT.—There is established a com-
mittee to be known as the ‘‘Long Island Sound Steward-
ship Advisory Committee’’. 
(b) CHAIRPERSON.—The Chairperson of the Advisory 
Committee shall be the Director of the Long Island Sound 
Office of the Environmental Protection Agency, or a des-
ignee of the Director. 
(c) MEMBERSHIP.— 
(1) COMPOSITION.— 
(A) APPOINTMENT OF MEMBERS.— 
(i) IN
GENERAL.—The Chairperson 
shall appoint the members of the Advisory 
Committee in accordance with this sub-
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section and section 320(c) of the Federal 
Water Pollution Control Act (33 U.S.C. 
1330(c)); except that the Governor of a 
State may appoint 2 members of the Advi-
sory Committee. 
(ii) ADDITIONAL MEMBERS.—In addi-
tion to the requirements described in 
clause (i), the Advisory Committee shall in-
clude— 
(I) a representative from the Re-
gional Plan Association; 
(II) a representative of the ma-
rine trade organizations; and 
(III) a representative of private 
landowner interests. 
(B) 
REPRESENTATION.—In 
appointing 
members to the Advisory Committee, the Chair-
person shall consider— 
(i) Federal, State, and local govern-
ment interests; 
(ii) the interests of nongovernmental 
organizations; 
(iii) academic interests; 
(iv) private interests; and 
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(v) recreational and commercial fish-
ing interests. 
(2) DATE OF APPOINTMENTS.—Not later than 
180 days after the date of enactment of this Act, the 
appointment of all members of the Advisory Com-
mittee shall be made. 
(d) TERM; VACANCIES.— 
(1) TERM.— 
(A) IN GENERAL.—A member shall be ap-
pointed for a term of 4 years. 
(B) MULTIPLE TERMS.—A person may be 
appointed as a member of the Advisory Com-
mittee for more than 1 term. 
(2) VACANCIES.—A vacancy on the Advisory 
Committee shall— 
(A) be filled not later than 90 days after 
the vacancy occurs; 
(B) not affect the powers of the Advisory 
Committee; and 
(C) be filled in the same manner as the 
original appointment was made. 
(3) STAFF.— 
(A) IN GENERAL.—The Chairperson of the 
Advisory Committee may appoint and terminate 
personnel as necessary to enable the Advisory 
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Committee to perform the duties of the Advi-
sory Committee. 
(B) PERSONNEL
AS
FEDERAL
EMPLOY-
EES.— 
(i) IN
GENERAL.—Any personnel of 
the Advisory Committee who are employees 
of the Advisory Committee shall be em-
ployees under section 2105 of title 5, 
United States Code, for purposes of chap-
ters 63, 81, 83, 84, 85, 87, 89, and 90 of 
that title. 
(ii) MEMBERS
OF
ADVISORY
COM-
MITTEE.—Clause (i) does not apply to 
members of the Advisory Committee. 
(e) INITIAL MEETING.—Not later than 30 days after 
the date on which all members of the Advisory Committee 
have been appointed, the Advisory Committee shall hold 
the initial meeting of the Advisory Committee. 
(f) MEETINGS.—The Advisory Committee shall meet 
at the call of the Chairperson, but no fewer than 4 times 
each year. 
(g) QUORUM.—A majority of the members of the Ad-
visory Committee shall constitute a quorum, but a lesser 
number of members may hold hearings. 
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SEC. 6. DUTIES OF ADVISORY COMMITTEE. 
The Advisory Committee shall— 
(1) consistent with the guidelines described in 
section 8 of this Act— 
(A) evaluate applications from government 
or nonprofit organizations qualified to hold con-
servation easements for funds to purchase land 
or development rights for stewardship sites; 
(B) evaluate applications to develop and 
implement 
management 
plans 
to 
address 
threats; 
(C) evaluate applications to act on oppor-
tunities to protect and enhance stewardship 
sites; and 
(D) recommend that the Administrator 
award grants to qualified applicants; 
(2) develop recommended guidelines, criteria, 
schedules, and due dates for evaluating information 
to identify stewardship sites that fulfill terms of a 
multi-year management plan; 
(3) publish a list of sites that further the pur-
poses of this Act if owners of sites are— 
(A) notified prior to the publication of the 
list; and 
(B) allowed to decline inclusion on the list; 
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(4) raise awareness of the values of and threats 
to these sites; and 
(5) leverage additional resources for improved 
stewardship of the Region. 
SEC. 7. POWERS OF ADVISORY COMMITTEE. 
(a) HEARINGS.—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. 
(b) INFORMATION FROM FEDERAL AGENCIES.— 
(1) IN
GENERAL.—The Advisory Committee 
may secure directly from a Federal agency such in-
formation as the Advisory Committee considers nec-
essary to carry out this Act. 
(2) PROVISION OF INFORMATION.— 
(A) IN
GENERAL.—Subject to subpara-
graph (C), on request of the Chairperson of the 
Advisory Committee, the head of a Federal 
agency shall provide the information requested 
by the Chairperson to the Advisory Committee. 
(B) ADMINISTRATION.—The furnishing of 
information by a Federal agency to the Advi-
sory Committee shall not be considered a waiver 
of any exemption available to the agency under 
section 552 of title 5, United States Code. 
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(C) INFORMATION TO BE KEPT CONFIDEN-
TIAL.— 
(i) IN
GENERAL.—For purposes of 
section 1905 of title 18, United States 
Code— 
(I) the Advisory Committee shall 
be considered an agency of the Fed-
eral Government; and 
(II) any individual employed by 
an individual, entity, or organization 
that is a party to a contract with the 
Advisory Committee under this Act 
shall be considered an employee of the 
Advisory Committee. 
(ii) PROHIBITION ON DISCLOSURE.— 
Information obtained by the Advisory 
Committee, other than information that is 
available to the public, shall not be dis-
closed to any person in any manner except 
to an employee of the Advisory Committee 
as described in clause (i) for the purpose 
of receiving, reviewing, or processing the 
information. 
(c) POSTAL SERVICES.—The Advisory Committee 
may use the United States mails in the same manner and 
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under the same conditions as other agencies of the Federal 
Government. 
(d) DONATIONS.—The Advisory Committee may (1) 
accept, use, and dispose of donations from willing land-
owners of property, or (2) help facilitate the transfer or 
donations from willing landowners of property to a recipi-
ent eligible accept to real property and conservation ease-
ments as a charitable contribution under section 170 of 
the Internal Revenue Code of 1986, if such donations ad-
vance the goals of the Long Island Sound Stewardship Ini-
tiative. 
SEC. 8. STEWARDSHIP SITES. 
(a) INITIAL SITES.— 
(1) IDENTIFICATION.— 
(A) IN
GENERAL.—The Advisory Com-
mittee shall identify 20 initial Long Island 
Sound stewardship sites that the Advisory Com-
mittee has determined— 
(i)(I) 
are 
natural 
resource-based 
recreation areas; or 
(II) are exemplary natural areas with 
ecological value; and 
(ii) best promote the purposes of this 
Act. 
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(B) EXEMPTION.—Sites described in sub-
paragraph (A) are not subject to the site identi-
fication process described in subsection (d). 
(2) EQUITABLE DISTRIBUTION OF FUNDS FOR 
INITIAL
SITES.—In identifying initial sites under 
paragraph (1), the Advisory Committee shall exert 
due diligence to recommend an equitable distribution 
of funds between the States for the initial sites. 
(b) APPLICATION FOR IDENTIFICATION AS A STEW-
ARDSHIP SITE.—Subsequent to the identification of the 
initial stewardship sites under subsection (a), owners of 
sites may submit applications to the Advisory Committee 
in accordance with subsection (c) to have the sites identi-
fied as stewardship sites. 
(c) IDENTIFICATION.—The Advisory Committee shall 
review applications submitted by owners of potential stew-
ardship sites to determine whether the sites should be 
identified as exhibiting values consistent with the purposes 
of this Act. 
(d) SITE IDENTIFICATION PROCESS.— 
(1) NATURAL
RESOURCE-BASED
RECREATION 
AREAS.—The Advisory Committee shall identify ad-
ditional recreation areas with potential as steward-
ship sites using a selection technique that includes— 
(A) public access; 
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(B) community support; 
(C) areas with high population density; 
(D) environmental justice (as defined in 
section 385.3 of title 33, Code of Federal Regu-
lations (or successor regulations)); 
(E) connectivity to existing protected areas 
and open spaces; 
(F) cultural, historic, and scenic areas; and 
(G) other criteria developed by the Advi-
sory Committee. 
(2) 
NATURAL
AREAS
WITH
ECOLOGICAL 
VALUE.—The Advisory Committee shall identify ad-
ditional natural areas with ecological value and po-
tential as stewardship sites— 
(A) based on measurable conservation tar-
gets for the Region; and 
(B) following a process for prioritizing new 
sites using systematic site selection, which shall 
include— 
(i) ecological uniqueness; 
(ii) species viability; 
(iii) habitat heterogeneity; 
(iv) size; 
(v) quality; 
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(vi) connectivity to existing protected 
areas and open spaces; 
(vii) land cover; 
(viii) scientific, research, or edu-
cational value; 
(ix) threats; and 
(x) other criteria developed by the Ad-
visory Committee. 
(3) PUBLICATION OF LIST.—After completion 
of the site identification process, the Advisory Com-
mittee shall— 
(A) publish in the Federal Register a list 
of sites that further the purposes of this Act; 
and 
(B) prior to publication of the list, provide 
to owners of the sites to be published— 
(i) a notification of publication; and 
(ii) an opportunity to decline inclusion 
of the site of the owner on the list. 
(4) DEVIATION FROM PROCESS.— 
(A) IN
GENERAL.—The Advisory Com-
mittee may identify as a potential stewardship 
site, a site that does not meet the criteria in 
paragraph (1) or (2), or reject a site selected 
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under paragraph (1) or (2), if the Advisory 
Committee— 
(i) selects a site that makes signifi-
cant ecological or recreational contribu-
tions to the Region; 
(ii) publishes the reasons that the Ad-
visory Committee decided to deviate from 
the systematic site selection process; and 
(iii) before identifying or rejecting the 
potential stewardship site, provides to the 
owners of the site the notification of publi-
cation, and the opportunity under para-
graph (3)(B) to decline inclusion of the 
site on the list published under paragraph 
(3)(A). 
(5) PUBLIC COMMENT.—In identifying potential 
stewardship sites, the Advisory Committee shall con-
sider public comments. 
(e) GENERAL GUIDELINES FOR 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; 
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