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 cul-
tural, 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 overbur-
dened 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 exem-
plifying these values. 
SEC. 3. DEFINITIONS. 
In this Act, the following definitions apply:
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(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 Con-
necticut and New York the Long Island Sound Stewardship Initia-
tive 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.
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SEC. 5. DESIGNATION OF STEWARDSHIP SITES. 
(a) IN GENERAL.—The Administrator may designate a steward-
ship 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 rec-
ommended sites, the Administrator—
(1) shall review the recommendations of the Advisory Com-
mittee; 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 evalua-
tion 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 des-
ignation 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 steward-
ship sites; 
(6) recommend that the Administrator award grants to 
qualified applicants; and 
(7) recommend to the Administrator ways to leverage addi-
tional resources for improved stewardship of the Region. 
(b) IDENTIFICATION OF SITES.—
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(1) IN GENERAL.—Any qualified applicant may submit an 
application to the Advisory Committee to have a site rec-
ommended to the Administrator for designation as a steward-
ship 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 Com-
mittee may use a selection technique that includes consider-
ation 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 regula-
tions)); 
(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 selec-
tion, 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 sub-
section. 
(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
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(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, sub-
ject 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 Com-
mittee’’. 
(b) MEMBERSHIP.—
(1) IN GENERAL.—The Administrator may appoint the mem-
bers of the Advisory Committee in accordance with this sub-
section and the guidance in section 320(c) of the Federal Water 
Pollution Control Act (33 U.S.C. 1330(c)), except that the Gov-
ernor of each State may appoint 2 members of the Advisory 
Committee. 
(2) ADDITIONAL MEMBERS.—In addition to the other mem-
bers 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 enact-
ment of this Act. 
(A) VACANCIES.—A vacancy on the Advisory Com-
mittee—
(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.—
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(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 advis-
able 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 sci-
entific 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 Com-
mittee shall terminate on December 31, 2011.
H. R. 5160—7
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 Com-
mittee 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 recommenda-
tions of the Advisory Committee for the awarding of grants. 
(2) RECOMMENDATION FOR GRANTS.—
(A) IN GENERAL.—The Advisory Committee shall rec-
ommend 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 arrange-
ment that ensures that the values of a stewardship 
site are sustained, including entering into an arrange-
ment 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.
H. R. 5160—8
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 agree-
ment 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 pur-
pose 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 manage-
ment entity, except for such property rights as may be pur-
chased 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 Adminis-
trator 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.
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(c) AUTHORIZATION
OF GIFTS, DEVISES, AND BEQUESTS
FOR 
SYSTEM.—In furtherance of the purpose of this Act, the Adminis-
trator 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 accord-
ance 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.