109TH CONGRESS 
2D SESSION 
H. R. 5160
AN ACT 
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—
(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, 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 estab-
lish the Long Island Sound Stewardship Initiative to iden-
tify, protect, and enhance upland sites within the Long 
Island Sound ecosystem with significant ecological, edu-
cational, 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) ADMINISTRATOR.—The term ‘‘Adminis-
trator’’ means the Administrator of the Environ-
mental Protection Agency. 
(2) ADVISORY COMMITTEE.—The term ‘‘Advi-
sory Committee’’ means the Long Island Sound 
Stewardship Advisory Committee established by sec-
tion 8.
(3) REGION.—The term ‘‘Region’’ means the 
Long Island Sound Stewardship Initiative Region es-
tablished 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 agree-
ments, site planning, plan implementation, land and 
habitat management, public access improvements, 
site monitoring, and other activities designed to en-
hance and preserve natural resource-based recre-
ation and ecological function of upland areas. 
(6) STEWARDSHIP SITE.—The term ‘‘steward-
ship site’’ means any area of State, local, or tribal 
government, or privately owned land within the Re-
gion that is designated by the Administrator under 
section 5(a). 
(7) 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; 
(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 ‘‘quali-
fied 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 Connecticut and New York the Long Island 
Sound Stewardship Initiative Region. 
(b) BOUNDARIES.—The Region consists of the imme-
diate 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 Re-
gion’’ 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. 
SEC. 5. DESIGNATION OF STEWARDSHIP SITES. 
(a) IN GENERAL.—The Administrator may designate 
a stewardship 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 Con-
necticut 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 steward-
ship sites.
(c) OPINION REGARDING OWNER’S RESPONSIBIL-
ITIES.—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 acknowl-
edges to the Administrator receipt of, a comprehensive 
opinion in plain English setting forth expressly the respon-
sibility 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 recommended sites, the Adminis-
trator—
(1) shall review the recommendations of the Ad-
visory Committee; 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 ap-
plications—
(A) for designation of areas as stewardship 
sites; 
(B) to develop management plans to ad-
dress 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 appli-
cations and the evaluation by the Advisory Com-
mittee of information to recommend areas for des-
ignation as stewardship sites that fulfill terms of a 
multi-year management plan; 
(3) recommend to the Administrator a list of 
sites for designation as stewardship sites that fur-
ther 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 stewardship sites; 
(6) recommend that the Administrator award 
grants to qualified applicants; and 
(7) recommend to the Administrator ways to le-
verage additional resources for improved stewardship 
of the Region. 
(b) IDENTIFICATION OF SITES.—
(1) IN GENERAL.—Any qualified applicant may 
submit an application to the Advisory Committee to 
have a site recommended to the Administrator for 
designation as a stewardship site. 
(2) IDENTIFICATION.—The Advisory Committee 
shall review each application submitted under this
subsection to determine whether the site exhibits val-
ues that promote the purpose of this Act. 
(3) NATURAL
RESOURCE-BASED
RECREATION 
AREAS.—In reviewing an application for rec-
ommendation of a recreation area for designation as 
a stewardship site, the Advisory Committee may use 
a selection technique that includes consideration 
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 Regu-
lations (or successor regulations)); 
(E) open spaces; and 
(F) cultural, historic, and scenic character-
istics. 
(4) 
NATURAL
AREAS
WITH
ECOLOGICAL 
VALUE.—In reviewing an application for rec-
ommendation of a natural area with ecological value 
for designation as a stewardship site, the Advisory 
Committee may use a selection technique that in-
cludes consideration of—
(A) measurable conservation targets for 
the Region; and
(B) prioritizing new sites using systematic 
site selection, 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 edu-
cational 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 signifi-
cant ecological or recreational contributions to 
the Region; and 
(B) provides to the Administrator the rea-
sons for deviating from the process otherwise 
described in this subsection. 
(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 Adminis-
trator 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 
(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 con-
sider, public comments. 
SEC. 7. GRANTS AND ASSISTANCE. 
(a) IN GENERAL.—The Administrator may provide 
grants, subject 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 com-
mittee to be known as the ‘‘Long Island Sound Steward-
ship Advisory Committee’’. 
(b) MEMBERSHIP.—
(1) IN GENERAL.—The Administrator may ap-
point the members of the Advisory Committee in ac-
cordance with this subsection and the guidance in 
section 320(c) of the Federal Water Pollution Con-
trol 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 members appointed under this subsection, the 
Advisory Committee may include—
(A) a representative of the Regional Plan 
Association; 
(B) a representative of marine trade orga-
nizations; and 
(C) a representative of private landowner 
interests.
(3) CONSIDERATION
OF
INTERESTS.—In ap-
pointing members of the Advisory Committee, the 
Administrator shall consider—
(A) Federal, State, and local government 
interests and tribal interests; 
(B) the interests of nongovernmental orga-
nizations; 
(C) academic interests; 
(D) private interests including land, agri-
culture, and business interests; and 
(E) recreational and commercial fishing in-
terests. 
(4) CHAIRPERSON.—In addition to the other 
members appointed under this subsection, the Ad-
ministrator may appoint as a member of the Advi-
sory Committee an individual to serve as the Chair-
person, who may be the Director of the Long Island 
Sound Office of the Environmental Protection Agen-
cy. 
(5) COMPLETION OF APPOINTMENTS.—The Ad-
ministrator shall complete the appointment of all 
members of the Advisory Committee by not later 
than 180 days after the date of enactment of this 
Act.
(A) VACANCIES.—A vacancy on the Advi-
sory Committee—
(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.—
(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 advisable 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 Com-
mittee. 
(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 geo-
graphic units; 
(G) monitoring key responses at different 
spatial and temporal scales; and 
(H) evaluation of outcomes and incorpora-
tion 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 regard-
ing sites that should be designated as stewardship 
sites. 
(3) ADAPTIVE
MANAGEMENT.—The adaptive 
management framework required by this subsection 
shall consist of a scientific process—
(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 
(B) that requires that management be 
viewed as experimental. 
(g) TERMINATION OF ADVISORY COMMITTEE.—The 
Advisory Committee shall terminate on December 31, 
2011.
SEC. 9. REPORTS. 
(a) ADMINISTRATOR.—The Administrator shall pub-
lish and make available to the public on the Internet and 
in paper form—
(1) not later than 1 year after the date of en-
actment of this Act, a report that—
(A) assesses the role of this Act in pro-
tecting the Long Island Sound; 
(B) establishes in coordination with the 
Advisory Committee guidelines, criteria, sched-
ules, 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 ex-
pended during the previous fiscal year; 
(2) an update of such report, at least every 
other year; and 
(3) information on funding and any new stew-
ardship 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 Con-
ference 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 Adminis-
trator for designation as stewardship sites; 
(C) the recommendations of the Advisory 
Committee for such legislation and administra-
tive actions as the Advisory Committee con-
siders appropriate; and 
(D) in accordance with paragraph (2), the 
recommendations of the Advisory Committee 
for the awarding of grants. 
(2) RECOMMENDATION FOR GRANTS.—
(A) IN
GENERAL.—The Advisory Com-
mittee shall recommend that the Administrator 
award grants to qualified applicants to help to 
secure and improve the open space, public ac-
cess, or ecological values of stewardship sites, 
through—
(i) purchase of the property of a stew-
ardship site;
(ii) purchase of relevant property 
rights to a stewardship site; or 
(iii) entering into any other binding 
legal arrangement that ensures that the 
values of a stewardship site are sustained, 
including entering into an arrangement 
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 recommenda-
tions result in an equitable distribution of funds 
between the States. 
SEC. 10. PRIVATE PROPERTY PROTECTION; NO REGU-
LATORY 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 gov-
ernment access) to the private property; or 
(2) modifies the application of any provision of 
Federal, State, or local law with regard to public ac-
cess to or use of private property, except as entered
into by voluntary agreement of the owner or custo-
dian 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 Fed-
eral, 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, finan-
cial 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 inter-
ests 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 Re-
gion represent the area within which Federal funds
appropriated for the purpose of this Act may be ex-
pended. 
(2) REGULATORY AUTHORITY.—The establish-
ment of the Region and the boundaries of the Re-
gion do not provide any regulatory authority not in 
existence immediately before the enactment of this 
Act on land use in the Region by any management 
entity, except for such property rights as may be 
purchased 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 appro-
priated to the Administrator $25,000,000 for each of fis-
cal years 2007 through 2011 to carry out this Act, includ-
ing for—
(1) acquisition of land and interests in land; 
(2) development and implementation of site 
management plans; 
(3) site enhancements to reduce threats or pro-
mote stewardship; and 
(4) administrative expenses of the Advisory 
Committee and the Administrator. 
(b) USE OF FUNDS.—Amounts made available to the 
Administrator under this section each fiscal year shall be
used by the Administrator after reviewing the rec-
ommendations included in the annual reports of the Advi-
sory Committee under section 9. 
(c) AUTHORIZATION OF GIFTS, DEVISES, AND BE-
QUESTS FOR SYSTEM.—In furtherance of the purpose of 
this Act, the Administrator 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. 
Passed the House of Representatives September 27, 
2006. 
Attest:
Clerk.
109TH CONGRESS 
2D SESSION 
H. R. 5160
AN ACT 
To establish the Long Island Sound Stewardship 
Initiative.