‘‘(2) Each participating coastal state, after con-
sultation with local governmental entities and other 
interested stakeholders, shall identify priority con-
servation needs within the State, the values to be 
protected by inclusion of lands in the program, and 
the threats to those values that should be avoided. 
‘‘(3) Each participating coastal state shall to 
the extent practicable ensure that the acquisition of 
property or easements shall complement working wa-
terfront needs. 
‘‘(4) The applicant shall identify the values to 
be protected by inclusion of the lands in the pro-
gram, management activities that are planned and 
the manner in which they may affect the values 
identified, and any other information from the land-
owner relevant to administration and management of 
the land. 
‘‘(5) Awards shall be based on demonstrated 
need for protection and ability to successfully lever-
age funds among participating entities, including 
Federal programs, regional organizations, State and 
other governmental units, landowners, corporations, 
or private organizations. 
‘‘(6) The governor, or the lead agency des-
ignated by the governor for coordinating the imple-
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mentation of this section, where appropriate in con-
sultation with the appropriate local government, 
shall determine that the application is consistent 
with the State’s or territory’s approved coastal zone 
plan, program, and policies prior to submittal to the 
Secretary. 
‘‘(7)(A) Priority shall be given to lands de-
scribed in subsection (a) that can be effectively man-
aged and protected and that have significant ecologi-
cal value. 
‘‘(B) Of the projects that meet the standard in 
subparagraph (A), priority shall be given to lands 
that— 
‘‘(i) are under an imminent threat of con-
version to a use that will degrade or otherwise 
diminish their natural, undeveloped, or rec-
reational state; and 
‘‘(ii) serve to mitigate the adverse impacts 
caused by coastal population growth in the 
coastal environment. 
‘‘(8) In developing guidelines under this section, 
the Secretary shall consult with coastal states, other 
Federal agencies, and other interested stakeholders 
with expertise in land acquisition and conservation 
procedures. 
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‘‘(9) Eligible coastal states or National Estua-
rine Research Reserves may allocate grants to local 
governments or agencies eligible for assistance under 
section 306A(e). 
‘‘(10) The Secretary shall develop performance 
measures that the Secretary shall use to evaluate 
and report on the program’s effectiveness in accom-
plishing its purposes, and shall submit such evalua-
tions to Congress triennially. 
‘‘(d) LIMITATIONS AND PRIVATE PROPERTY PROTEC-
TIONS.— 
‘‘(1) A grant awarded under this section may 
be used to purchase land or an interest in land, in-
cluding an easement, only from a willing seller. Any 
such purchase shall not be the result of a forced tak-
ing under this section. Nothing in this section re-
quires a private property owner to participate in the 
program under this section. 
‘‘(2) Any interest in land, including any ease-
ment, acquired with a grant under this section shall 
not be considered to create any new liability, or have 
any effect on liability under any other law, of any 
private property owner with respect to any person 
injured on the private property. 
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‘‘(3) Nothing in this section requires a private 
property owner to provide access (including Federal, 
State, or local government access) to or use of pri-
vate property unless such property or an interest in 
such property (including a conservation easement) 
has been purchased with funds made available under 
this section. 
‘‘(e) RECOGNITION
OF AUTHORITY TO CONTROL 
LAND USE.—Nothing in this title modifies the authority 
of Federal, State, or local governments to regulate land 
use. 
‘‘(f) MATCHING REQUIREMENTS.— 
‘‘(1) IN
GENERAL.—The Secretary may not 
make a grant under the program unless the Federal 
funds are matched by non-Federal funds in accord-
ance with this subsection. 
‘‘(2) COST SHARE REQUIREMENT.— 
‘‘(A) IN
GENERAL.—Grant funds under 
the program shall require a 100 percent match 
from other non-Federal sources. 
‘‘(B) WAIVER
OF
REQUIREMENT.—The 
Secretary may grant a waiver of subparagraph 
(A) for underserved communities, communities 
that have an inability to draw on other sources 
of funding because of the small population or 
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low income of the community, or for other rea-
sons the Secretary deems appropriate and con-
sistent with the purposes of the program. 
‘‘(3) OTHER FEDERAL FUNDS.—Where finan-
cial assistance awarded under this section represents 
only a portion of the total cost of a project, funding 
from other Federal sources may be applied to the 
cost of the project. Each portion shall be subject to 
match requirements under the applicable provision 
of law. 
‘‘(4) SOURCE OF MATCHING COST SHARE.—For 
purposes of paragraph (2)(A), the non-Federal cost 
share for a project may be determined by taking into 
account the following: 
‘‘(A) The value of land or a conservation 
easement may be used by a project applicant as 
non-Federal match, if the Secretary determines 
that— 
‘‘(i) the land meets the criteria set 
forth in section 2(b) and is acquired in the 
period beginning 3 years before the date of 
the submission of the grant application 
and ending 3 years after the date of the 
award of the grant; 
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