text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Coastal and Estuarine Land 
  Protection Act''.
  
  SEC. 2. FINDINGS.
  
      Congress finds the following:
              (1) Coastal and estuarine areas provide important nursery 
          habitat for two-thirds of the United States commercial fish and 
          shellfish, provide nesting and foraging habitat for coastal 
          birds, harbor significant natural plant communities, and serve 
          to facilitate coastal flood control and pollutant filtration.
              (2) The Coastal Zone Management Act of 1972 (16 U.S.C. 1451 
          et seq.) recognizes the national importance of these areas and 
          their ecological vulnerability to anthropogenic activities by 
          establishing a comprehensive Federal and State partnership for 
          protecting natural reserves and managing growth in these areas.
              (3) The National Estuarine Research Reserve system 
          established under that Act relies on the protection of pristine 
          designated areas for long-term protection and for the conduct 
          of education and research critical to the protection and 
          conservation of coastal and estuarine resources.
              (4) Intense development pressures within the coastal 
          watershed are driving the need to provide coastal managers with 
          a wider range of tools to protect and conserve important 
          coastal and estuarine areas.
              (5) Protection of undeveloped coastal lands through the 
          acquisition of interests in property from a willing seller are 
          a cost-effective means of providing these areas with permanent 
          protection from development.
              (6) Permanent protection of lands in the coastal zone is a 
          necessary component of any program to maintain and enhance 
          coastal and estuarine areas for the benefit of the United 
          States, including protection of water quality, access to public 
          beachfront, conserving wildlife habitat, and sustaining sport 
          and commercial fisheries.
              (7) Federal, State, and nongovernmental organization pilot 
          land acquisition projects have already substantially 
          contributed to the long-term health and viability of coastal 
          and estuarine systems.
              (8) Enhanced protection of estuarine and coastal areas can 
          be attained through watershed-based acquisition strategies 
          coordinated through Federal, State, regional, and local 
          efforts.
              (9) Conserving coastal and estuarine lands can support the 
          traditional economic and natural resource bases of communities 
          in the coastal watershed, including well-managed forests that 
          demonstrate outstanding ecological, recreational, historical, 
          and aesthetic attributes.
  
  SEC. 3. ESTABLISHMENT OF COASTAL AND ESTUARINE LAND PROTECTION PROGRAM.
  
      (a) In General.--
              (1) Establishment.--The Secretary of Commerce shall 
          establish a Coastal and Estuarine Land Protection Program 
          (hereinafter referred to as the ``program''), in cooperation 
          with appropriate State, regional, and other units of Government 
          for the purposes of protecting the environmental integrity of 
          important coastal and estuarine areas, including wetlands and 
          forests, that have significant conservation, recreation, 
          ecological, historical, aesthetic, or watershed protection 
          values, and that are threatened by conversion from their 
          natural, undeveloped, or recreational state to other uses.
              (2) Administration.--The program shall be administered by 
          the National Ocean Service of the National Oceanic and 
          Atmospheric Administration through the head of the Office of 
          Ocean and Coastal Resource Management.
      (b) Property Acquisition Grants.--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 acquiring property or interests in property described in 
  subsection (a) that will further the goals of--
              (1) a Coastal Zone Management Plan or Program approved 
          under the Coastal Zone Management Act of 1972 (16 U.S.C. 1451 
          et seq.);
              (2) a National Estuarine Research Reserve management plan; 
          or
              (3) a regional or State watershed protection plan involving 
          coastal States with approved coastal zone management plans.
      (c) Grant Process.--The Secretary shall allocate grants authorized 
  under subsection (b) to coastal States or National Estuarine Research 
  Reserves through a competitive grant process in accordance with the 
  following requirements:
              (1) The Secretary shall consult with the State's coastal 
          zone management program, any National Estuarine Research 
          Reserve in that State, and the lead agency designated by the 
          Governor for coordinating the implementation of this Act (if 
          different from the coastal zone management program).
              (2) Each participating State, after consultation with 
          nongovernmental and local governmental entities, shall identify 
          priority conservation 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 State shall evaluate how the 
          acquisition of property or easements might impact working 
          waterfront needs.
              (4) The applicant shall identify the values to be protected 
          by inclusion of the lands in the program, management activities 
          that are planned and the manner in which they may affect the 
          values identified, and any other information from the landowner 
          relevant to administration and management of the land.
              (5) Awards shall be based on demonstrated need for 
          protection and ability to successfully leverage funds among 
          participating entities, including Federal programs, regional 
          organizations, State and other governmental units, landowners, 
          corporations, or private organizations.
              (6) The governor of the State, or the lead agency 
          designated by the governor for coordinating the implementation 
          of this Act, 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) 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 agencies and non-
          governmental entities with expertise in land acquisition and 
          conservation procedures.
              (9) Eligible States or National Estuarine Research Reserves 
          may allocate grants to local governments or agencies eligible 
          for assistance under section 306A(e) of the Coastal Zone 
          Management Act of 1972 (16 U.S.C. 1455a(e)) and may acquire 
          lands in cooperation with nongovernmental entities and Federal 
          agencies.
              (10) The Secretary shall develop measures that will ensure 
          that property or interests in property acquired in whole or in 
          part through the use of funds under the program are acquired 
          only from willing sellers.
              (11) The Secretary shall develop performance measures that 
          the Secretary shall use to evaluate and report on the program's 
          effectiveness in accomplishing its purposes, and shall submit 
          such evaluations to Congress not less often than once every 3 
          years.
      (d) Matching Requirements.--
              (1) In general.--The Secretary may not make a grant of 
          Federal funds under the program unless such Federal funds are 
          matched by non-Federal funds in accordance with this 
          subsection.
              (2) Maximum federal share.--
                      (A) 75 percent federal funds.--Subject to 
                  subparagraph (B), not more than 75 percent of the 
                  funding for any project funded with a grant made under 
                  the program shall be derived from Federal sources.
                      (B) Waiver of requirement.--The Secretary may grant 
                  a waiver of the limitation in subparagraph (A) for 
                  underserved communities, communities that have an 
                  inability to draw on other sources of funding because 
                  of the small population or low income of the community, 
                  or for other reasons the Secretary deems appropriate.
              (3) Other federal funds.--If a grant awarded under the 
          program 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 as non-Federal match if the lands 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 at the time of project 
                  closing will be considered the non-Federal cost share. 
                  The value of land that is held by a nongovernmental 
                  organization may be used for such purpose if it is held 
                  in perpetuity by a qualified conservation organization, 
                  as determined by the Secretary.
                      (B) Costs associated with land acquisition, land 
                  management planning, remediation, restoration, and 
                  enhancement may be used as non-Federal match if the 
                  activities are identified in the plan and expenses are 
                  incurred within the period of the grant award, or, for 
                  lands described in (A), within the same time limits 
                  described therein. These costs may include either cash 
                  or in-kind contributions.
      (e) Reservation of Funds for National Estuarine Research Reserve 
  Sites.--No less than 15 percent of funds made available under the 
  program shall be available for acquisitions benefitting National 
  Estuarine Research Reserves.
      (f) Limit on Administrative Costs.--No more than 5 percent of the 
  funds made available to the Secretary under this section shall be used 
  by the Secretary for planning or administration of the program. The 
  Secretary shall provide a report to Congress with an account of all 
  expenditures under this section for fiscal year 2009 and not less often 
  than once every 3 years thereafter.
      (g) Title and Management of Acquired Property.--If any property is 
  acquired in whole or in part with funds made available through a grant 
  under the program, the grant recipient shall provide such assurances as 
  the Secretary may require that--
              (1) the title to the property will be held by the grant 
          recipient or another appropriate public agency designated by 
          the recipient in perpetuity;
              (2) 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
              (3) if the property or interest in land is sold, exchanged, 
          or divested, funds equal to the correct value will be returned 
          to the Secretary in accordance with applicable Federal law for 
          re-distribution in the grant process.
      (h) Definitions.--In this section:
              (1) Coastal state.--The term ``coastal State'' has the 
          meaning given that term by section 304(4) of the Coastal Zone 
          Management Act of 1972 (16 U.S.C. 1453(4)).
              (2) Conservation easement.--The term ``conservation 
          easement'' includes an easement or restriction, recorded deed, 
          or a reserve interest deed where the grantee acquires all 
          rights, title, and interest in a property, that do not conflict 
          with the goals of this Act 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.
              (3) Interest in property.--The term ``interest in 
          property'' includes a conservation easement.
              (4) Other terms.--Any term used in this section that is 
          defined in section 304 of the Coastal Zone Management Act of 
          1972 (16 U.S.C. 1453) has the meaning given that term in that 
          section.
      (i) Authorization of Appropriations.--There are authorized to be 
  appropriated to the Secretary such sums as may be necessary to carry 
  out this Act for fiscal years 2009 through 2013.
target: Coastal and Estuarine Land Protection Act - Directs the Secretary of Commerce to establish a Coastal and Estuarine Land Protection Program to protect the environmental integrity of undeveloped coastal and estuarine areas. Requires the program to be administered by the National Ocean Service of the National Oceanic and Atmospheric Administration (NOAA) through the Office of Ocean and Coastal Resource Management. Authorizes the Secretary to make Program grants to coastal states with approved coastal zone management plans or National Estuarine Research Reserve units for the purpose of acquiring property that will further the goals of an approved Coastal Zone Management Plan or Program, a National Estuarine Research Reserve management plan, or a regional or state watershed protection plan.
  
  Prohibits any more than 75% of the funding for any project funded with a grant made under the program from being derived from federal sources.
  
  Reserves 15% of program funds for acquisitions benefitting the National Estuarine Research Reserve.
  
  Specifies that when property is acquired under this program, the grant recipient shall provide assurances that: (1) title will be held by the recipient or another public agency designated by the recipient in perpetuity; (2) property will be managed consistent with the purpose of the Program; and (3) funds will be returned to the Secretary for redistribution if the property is sold, exchanged, or divested.
feat_title: A bill to authorize the acquisition of interests in undeveloped coastal areas in order better to ensure their protection from development and for other purposes.