I 
109TH CONGRESS 
1ST SESSION H. R. 3187 
To authorize the acquisition of land and interests in land to improve the 
conservation of, and to enhance the ecological values and functions of, 
coastal watersheds and estuarine areas to benefit both the environment 
and the economies of coastal communities, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 30, 2005 
Mr. SAXTON introduced the following bill; which was referred to the 
Committee on Resources 
A BILL 
To authorize the acquisition of land and interests in land 
to improve the conservation of, and to enhance the eco-
logical values and functions of, coastal watersheds and 
estuarine areas to benefit both the environment and the 
economies of coastal communities, and for other pur-
poses. 
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 ‘‘Coastal and Estuarine 
Land Conservation Program Act’’.
SEC. 2. FINDINGS. 
Congress finds the following: 
(1) Coastal and estuarine areas provide impor-
tant nursery habitat for two-thirds of the commer-
cial fish and shellfish populations of the United 
States, provide nesting and foraging habitat for 
coastal birds, harbor significant natural plant com-
munities, and serve to facilitate coastal flood control 
and pollutant filtration. 
(2) Coastal and estuarine areas, in both urban 
and rural settings, provide significant opportunities 
for recreational and educational activities, including 
hunting and fishing, boating, swimming, bird watch-
ing, wildlife observation, restoration, and other ac-
tivities. 
(3) The Coastal Zone Management Act of 1972 
(16 U.S.C. 1451 et seq.) recognizes the national im-
portance of these areas and their ecological vulner-
ability to anthropogenic activities by establishing a 
comprehensive Federal-State partnership for pro-
tecting natural reserves and managing growth in 
these areas. 
(4) The National Estuarine Research Reserve 
system established under that Act relies on the pro-
tection of designated areas for long-term protection 
and for the conduct of education and research crit-
ical to the protection and conservation of coastal and 
estuarine resources. 
(5) Intense development pressures within the 
coastal zone are driving the need to provide coastal 
managers with a wider range of tools to protect and 
conserve important coastal and estuarine areas, in-
cluding protection of developed or ecologically de-
graded areas with potential for restoration for eco-
logical or recreational purposes. 
(6) Federal-State-nongovernmental organization 
pilot projects have already substantially contributed 
to the long-term health and viability of coastal and 
estuarine systems. 
(7) Enhanced protection of estuarine and coast-
al areas can be coordinated through Federal, State, 
regional, and local efforts. 
SEC. 3. ESTABLISHMENT OF COASTAL AND ESTUARINE 
LAND CONSERVATION PROGRAM. 
The Coastal Zone Management Act of 1972 (16 
U.S.C. 1451 et seq.) is amended by inserting after section 
310 the following: 
‘‘COASTAL AND ESTUARINE LAND CONSERVATION 
PROGRAM 
‘‘SEC. 310A. (a) ESTABLISHMENT.—The Secretary 
shall establish, in cooperation with appropriate State, re-
gional, and other units of government, a Coastal and Es-
tuarine Land Conservation Program (in this section re-
ferred to as the ‘Program)’ for the purposes of— 
‘‘(1) ascertaining the environmental integrity of 
important coastal and estuarine areas, including 
wetlands and forests, that— 
‘‘(A) have significant conservation, recre-
ation, ecological, historical, economic, or aes-
thetic values; and 
‘‘(B) are threatened by conversion from 
their natural, undeveloped, or recreational state 
to other uses or could be managed or restored 
to effectively conserve, enhance, or restore eco-
logical function; and 
‘‘(2) protecting the environmental integrity of 
such areas. 
‘‘(b) ADMINISTRATION OF PROGRAM.—The Program 
shall be administered by the National Ocean Service of 
the National Oceanic and Atmospheric Administration 
through the Office of Ocean and Coastal Resource Man-
agement. 
‘‘(c) PROPERTY ACQUISITION GRANTS.— 
‘‘(1) GRANTS; PURPOSE.—The Secretary shall 
make grants under the Program to coastal states 
with approved coastal zone management plans or 
National Estuarine Research Reserve units for the
purpose of assisting such States to acquire property 
or interests in property described in subsection (a) 
that will further the goals of— 
‘‘(A) a Coastal Zone Management Plan or 
Program approved under this title; 
‘‘(B) a National Estuarine Research Re-
serve management plan; or 
‘‘(C) a regional or State watershed protec-
tion or management plan involving coastal 
states with approved coastal zone management 
plans. 
‘‘(2) LIMITATION TO ACQUISITION FROM WILL-
ING SELLERS.—Property acquisition funded in whole 
or in part using a grant received under this sub-
section shall be limited to acquisition from willing 
sellers. 
‘‘(d) GRANT PROCESS.—The Secretary shall allocate 
funds to coastal states or National Estuarine Research 
Reserves under this section through a competitive grant 
process in accordance with guidelines that meet the fol-
lowing requirements: 
‘‘(1) The Secretary shall consult with coastal 
states coastal zone management programs, National 
Estuarine Research Reserve in coastal states, and 
the lead agencies designated by Governors of coastal
states for coordinating the establishment and imple-
mentation of this title (if different from the coastal 
zone management program of a State). 
‘‘(2) Each participating coastal state shall iden-
tify priority conservation needs within the State, the 
values to be protected by inclusion of lands of the 
Program, and the threats to those values that should 
be avoided. 
‘‘(3) Each participating coastal state shall 
evaluate how the acquisition of property or ease-
ments might impact working waterfront needs. 
‘‘(4) Applicants shall identify the values to be 
protected by inclusion of land in the Program, man-
agement activities that are planned and the manner 
in which they may affect the values identified, and 
any other information from landowners 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) An application must be determined to be 
consistent with a coastal state’s approved coastal
zone plan, program, and policies prior to submittal 
to the Secretary. 
‘‘(7) Priority shall be given to lands described 
in subsection (a) that can be effectively managed 
and protected and that have significant ecological or 
watershed protection value. 
‘‘(8) In developing guidelines under this section, 
the Secretary shall consult with other Federal agen-
cies and nongovernmental entities expert in land ac-
quisition and conservation procedures. 
‘‘(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) and may acquire lands in coopera-
tion with nongovernmental entities and Federal 
agencies. 
‘‘(10) The Secretary shall develop performance 
measures that will allow periodic evaluation of the 
Program’s effectiveness in meeting the purposes of 
this section and such evaluation shall be reported to 
the Congress. 
‘‘(e) MATCHING REQUIREMENTS.— 
‘‘(1) IN
GENERAL.—The Secretary may not 
make a grant under the Program unless the grant
funds are matched by non-Federal funds in accord-
ance with this subsection. 
‘‘(2) MAXIMUM FEDERAL SHARE.— 
‘‘(A) 75 PERCENT FEDERAL FUNDS.—No 
more than 75 percent of the funding for any 
project carried out with a grant under this sec-
tion shall be derived from Federal sources, un-
less such requirement is specifically waived by 
the Secretary under subparagraph (B). 
‘‘(B) WAIVER
OF
REQUIREMENT.—The 
Secretary may grant a waiver of the limitation 
in subparagraph (A) for underserved commu-
nities, for a community that has an inability to 
draw on other sources of funding because of the 
small population or low income of the commu-
nity, or for such other reasons, consistent with 
the purposes of this title, as the Secretary con-
siders appropriate. 
‘‘(3) OTHER
FEDERAL
FUNDS.—If a grant 
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 matching 
requirements under the applicable provision of law.
‘‘(4) SOURCE OF MATCHING FUNDS.—For pur-
poses of paragraph (2)(A), the non-Federal match 
for a project may be determined by taking into ac-
count the following: 
‘‘(A) The value of land or a conservation 
easement may be used as the non-Federal 
match if the land or easement are identified in 
project plans and acquired within 3 years prior 
to the submission of the project application or 
after the submission of a project application 
until the project grant is closed (not to exceed 
3 years). The appraised value of the land or 
easement at the time of project closing will be 
considered the non-Federal match. 
‘‘(B) 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. These costs 
may include either case or in-kind contribu-
tions. 
‘‘(f) 
REGIONAL
WATERSHED
DEMONSTRATION 
PROJECT.—The Secretary may provide up to $5,000,000
for a regional watershed protection demonstration project 
that will meet the requirements of this section, and— 
‘‘(1) leverages land acquisition funding from 
other Federal land conservation or acquisition pro-
grams such that other Federal contributions, at a 
minimum, equal the amounts provided by the Sec-
retary; 
‘‘(2) involves partnerships from a broad spec-
trum of Federal, State, and non-governmental enti-
ties; 
‘‘(3) provides for the creation of conservation 
corridors and preservation of unique coastal habitat; 
‘‘(4) protects largely unfragmented habitat 
under imminent threat of development or conversion; 
‘‘(5) enhances the network of protected areas 
established for long-term research, education, and 
stewardship under the National Estuarine Research 
Reserve program; and 
‘‘(6) provides a model for future regional water-
shed protection projects. 
‘‘(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 
available for acquisitions benefiting National Estuarine 
Research Reserve acquisitions.
‘‘(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 the Congress with an ac-
count of all expenditures under the Program for fiscal year 
2007, fiscal year 2008, and triennially thereafter. 
‘‘(i) TITLE AND MANAGEMENT OF ACQUIRED PROP-
ERTY.— 
‘‘(1) IN GENERAL.—If any property is acquired 
in whole or in part with funds made available 
through a grant under this section, the grant recipi-
ent shall provide such assurances as the Secretary 
may require 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 
‘‘(C) if the property or interest in land is 
sold, exchanged, or divested, funds equal to the
correct value will be returned to the Secretary, 
for re-distribution in the grant process. 
‘‘(2) CONSERVATION EASEMENT.—In this sub-
section, the term ‘conservation easement’ includes an 
easement, recorded deed, or interest deed where the 
grantee acquires all rights, title, and interest in a 
property, that do not conflict with the goals of this 
title except those rights, title, and interests that may 
run with the land that are expressly reserved by a 
grantor and are agreed to at the time of purchase. 
‘‘(j) AUTHORIZATION OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Secretary— 
‘‘(1) $60,000,000 for each of fiscal years 2007 
through 2011 to carry out this section (other than 
subsection (f)), to remain available without fiscal 
year limitation; and 
‘‘(2) $5,000,000 for fiscal year 2007 to carry 
out subsection (f), to remain available without fiscal 
year limitation.’’. 
SEC. 4. ASSISTANCE FROM OTHER AGENCIES. 
Section 310(a) of the Coastal Zone Management Act 
of 1972 (16 U.S.C. 1456c(a)) is amended by striking ‘‘any 
qualified person for the purposes of carrying out this sub-
section.’’ and inserting ‘‘any other Federal agencies (in-
cluding interagency financing of Coastal America activi-
ties) and any other qualified person for the purposes of 
carrying out this section.’’. 
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