Long Island Sound Stewardship Act of 2006
PL 109-359 (H.R.5160), enacted 10/16/2006

120 STAT. 2049
PUBLIC LAW 109–359—OCT. 16, 2006
Public Law 109–359
109th Congress
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:
33 USC 1330
note.
33 USC 1330
note.
Long Island
Sound
Stewardship Act
of 2006.
Oct. 16, 2006
[H.R. 5160]
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120 STAT. 2050
PUBLIC LAW 109–359—OCT. 16, 2006
(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.
33 USC 1330
note.
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120 STAT. 2051
PUBLIC LAW 109–359—OCT. 16, 2006
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.—
33 USC 1330
note.
Deadline.
33 USC 1330
note.
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120 STAT. 2052
PUBLIC LAW 109–359—OCT. 16, 2006
(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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120 STAT. 2053
PUBLIC LAW 109–359—OCT. 16, 2006
(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
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.—
Deadline.
Deadline.
33 USC 1330
note.
33 USC 1330
note.
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120 STAT. 2054
PUBLIC LAW 109–359—OCT. 16, 2006
(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.
Deadline.
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120 STAT. 2055
PUBLIC LAW 109–359—OCT. 16, 2006
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.
Deadline.
33 USC 1330
note.
Public
information.
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120 STAT. 2056
PUBLIC LAW 109–359—OCT. 16, 2006
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.
33 USC 1330
note.
33 USC 1330
note.
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120 STAT. 2057
PUBLIC LAW 109–359—OCT. 16, 2006
LEGISLATIVE HISTORY—H.R. 5160 (S. 158):
CONGRESSIONAL RECORD, Vol. 152 (2006):
Sept. 27, considered and passed House.
Sept. 29, considered and passed Senate.
(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.
Approved October 16, 2006.
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