[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5996 Introduced in House (IH)]
109th CONGRESS
2d Session
H. R. 5996
To establish the Raritan Bay Stewardship Initiative.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 28, 2006
Mr. Fossella introduced the following bill; which was referred to the
Committee on Resources, and in addition to the Committee on
Transportation and Infrastructure, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To establish the Raritan Bay 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 ``Raritan Bay Stewardship Initiative
of 2006''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--The Congress finds the following:
(1) Raritan Bay, located in New York and New Jersey, is a
national treasure of great cultural, environmental, and
ecological importance.
(2) 2,400,000 people live within the Raritan Bay watershed.
(3) The portion of the shoreline of Raritan Bay that is
accessible to the general public (estimated at less than 50
percent of the total shoreline) is not adequate to serve the
needs of the people living in the area.
(4) Existing shoreline facilities are in many cases
overburdened and under funded.
(5) 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.
(6) Approximately 80 percent of the tidal marshes of
Raritan Bay have been filled, and much of the remaining marshes
have been ditched, dyked, or impounded, reducing the ecological
value of the marshes.
(7) Much of the remaining exemplary natural landscape is
vulnerable to further development.
(b) Purpose.--The purpose of this Act is to establish the Raritan
Bay Stewardship Initiative to identify, protect, and enhance sites
within the Raritan Bay ecosystem with significant ecological,
educational, open space, public access, or recreational value through a
bi-State network of sites best exemplifying these values.
SEC. 3. DEFINITIONS.
In this Act:
(1) Adaptive management.--The term ``adaptive management''
means a scientific 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.
(2) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(3) Advisory committee.--The term ``Advisory Committee''
means the Raritan Bay Stewardship Advisory Committee
established by section 5(a).
(4) Region.--The term ``Region'' means the Raritan Bay
Stewardship Initiative Region established by section 4(a).
(5) States.--The term ``States'' means the States of New
York and New Jersey.
(6) Stewardship site.--The term ``stewardship site'' means
a site that--
(A) qualifies for identification by the Advisory
Committee under section 8; and
(B) is an area of land or water or a combination of
land and water--
(i) that is in the Region; and
(ii) that is--
(I) Federal, State, local, or
tribal land or water;
(II) land or water owned by a
nonprofit organization; or
(III) privately owned land or
water.
(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 reserve size, 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 person or governmental entity applying for designation
of a site as a stewardship site. The person or entity must own
property within the boarders of the proposed stewardship site
or own property that is both physically or ecologically
connected to the proposed site and would benefit from
management as part of the proposed site.
(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. RARITAN BAY STEWARDSHIP INITIATIVE REGION.
(a) Establishment.--There is established in the States the Raritan
Bay Stewardship Initiative Region.
(b) Boundaries.--The Region shall encompass the immediate coastal
upland and underwater areas along Raritan Bay, including those portions
of the Bay with coastally influenced vegetation.
SEC. 5. RARITAN BAY STEWARDSHIP ADVISORY COMMITTEE.
(a) Establishment.--There is established a committee to be known as
the ``Raritan Bay Stewardship Advisory Committee''.
(b) Chairperson.--The Chairperson of the Advisory Committee shall
be the Director of the Region 2 Office of the Environmental Protection
Agency, or a designee of the Director.
(c) Membership.--
(1) Composition.--
(A) Appointment of members.--
(i) In general.--The Chairperson shall
appoint the members of the Advisory Committee
in accordance with this subsection and section
320(c) of the Federal Water Pollution Control
Act (33 U.S.C. 1330(c)); except that the
Governor of a State may appoint 2 members of
the Advisory Committee.
(ii) Additional members.--In addition to
the requirements described in clause (i), the
Advisory Committee shall include--
(I) a representative from the
Regional Plan Association;
(II) a representative of the marine
trade organizations; and
(III) a representative of private
landowner interests.
(B) Representation.--In appointing members to the
Advisory Committee, the Chairperson shall consider--
(i) Federal, State, and local government
interests;
(ii) the interests of nongovernmental
organizations;
(iii) academic interests;
(iv) private interests; and
(v) recreational and commercial fishing
interests
(2) Date of appointments.--Not later than 180 days after
the date of enactment of this Act, the appointment of all
members of the Advisory Committee shall be made.
(d) Term; Vacancies.--
(1) Term.--
(A) In general.--A member shall be appointed for a
term of 4 years.
(B) Multiple terms.--A person may be appointed as a
member of the Advisory Committee for more than 1 term.
(2) Vacancies.--A vacancy on the Advisory Committee shall--
(A) be filled not later than 90 days after the
vacancy occurs;
(B) not affect the powers of the Advisory
Committee; and
(C) be filled in the same manner as the original
appointment was made.
(3) Staff.--
(A) In general.--The Chairperson of the Advisory
Committee may appoint and terminate personnel as
necessary to enable the Advisory Committee to perform
the duties of the Advisory Committee.
(B) Personnel as federal employees.--
(i) In general.--Any personnel of the
Advisory Committee who are employees of the
Advisory Committee shall be employees under
section 2105 of title 5, United States Code,
for purposes of chapters 63, 81, 83, 84, 85,
87, 89, and 90 of that title.
(ii) Members of advisory committee.--Clause
(i) does not apply to members of the Advisory
Committee.
(e) Initial Meeting.--Not later than 30 days after the date on
which all members of the Advisory Committee have been appointed, the
Advisory Committee shall hold the initial meeting of the Advisory
Committee.
(f) Meetings.--
(1) In general.--The Advisory Committee shall meet at the
call of the Chairperson, but no fewer than 4 times each year.
(2) Quorum.--A majority of the members of the Advisory
Committee shall constitute a quorum, but a lesser number of
members may hold hearings.
(g) Termination of Advisory Committee.--The Advisory Committee
shall terminate on December 31, 2014.
SEC. 6. DUTIES OF THE ADVISORY COMMITTEE.
The Advisory Committee shall--
(1) consistent with section 8--
(A) evaluate applications from government or
nonprofit organizations qualified to hold conservation
easements for funds to purchase land or development
rights for stewardship sites;
(B) evaluate applications to develop and implement
management plans to address threats;
(C) evaluate applications to act on opportunities
to protect and enhance stewardship sites; and
(D) recommend that the Administrator award grants
to qualified applicants;
(2) develop recommended guidelines, criteria, schedules,
and due dates for evaluating information to identify
stewardship sites;
(3) publish a list of sites that further the purposes of
this Act after--
(A) notifying the owners of the sites; and
(B) providing the owners an opportunity to decline
inclusion on the list;
(4) raise awareness of the values of and threats to these
sites; and
(5) leverage additional resources for improved stewardship
of the Region.
SEC. 7. POWERS OF THE ADVISORY COMMITTEE.
(a) Hearings.--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.
(b) Information From Federal Agencies.--
(1) In general.--The Advisory Committee may secure directly
from a Federal agency such information as the Advisory
Committee considers necessary to carry out this Act.
(2) Provision of information.--
(A) In general.--Subject to subparagraph (C), on
request of the Chairperson of the Advisory Committee,
the head of a Federal agency shall provide the
information requested by the Chairperson to the
Advisory Committee.
(B) Administration.--The furnishing of information
by a Federal agency to the Advisory Committee shall not
be considered a waiver of any exemption available to
the agency under section 552 of title 5, United States
Code.
(C) Information to be kept confidential.--
(i) In general.--For purposes of section
1905 of title 18, United States Code--
(I) the Advisory Committee shall be
considered an agency of the Federal
Government; and
(II) any individual employed by an
individual, entity, or organization
that is a party to a contract with the
Advisory Committee under this Act shall
be considered an employee of the
Advisory Committee.
(ii) Prohibition on disclosure.--
Information obtained by the Advisory Committee,
other than information that is available to the
public, shall not be disclosed to any person in
any manner except to an employee of the
Advisory Committee as described in clause (i)
for the purpose of receiving, reviewing, or
processing the information.
(c) Postal Services.--The Advisory Committee may use the United
States mails in the same manner and under the same conditions as other
agencies of the Federal Government.
(d) Donations.--The Advisory Committee may accept, use, and dispose
of donations of services or property that advance the goals of the
Raritan Bay Stewardship Initiative.
SEC. 8. STEWARDSHIP SITES.
(a) Initial Sites.--
(1) Identification.--
(A) In general.--The Advisory Committee shall
identify 20 initial Raritan Bay stewardship sites that
the Advisory Committee has determined--
(i)(I) are natural resource-based
recreation areas; or
(II) are exemplary natural areas with
ecological value; and
(ii) best promote the purposes of this Act.
(B) Exemption.--Identification of initial Raritan
Bay Stewardship Sites described under subparagraph (A)
are not subject to the site identification process
described in subsection (d).
(2) Equitable distribution of funds for initial sites.--In
identifying initial sites under paragraph (1), the Advisory
Committee shall exert due diligence to seek to ensure an
equitable distribution of funds between the States for the
initial sites.
(b) Application for Identification as a Stewardship Site.--
Subsequent to the identification of the initial stewardship sites under
subsection (a), owners of sites may submit applications to the Advisory
Committee in accordance with subsection (c) to have the sites
identified as stewardship sites.
(c) Identification.--The Advisory Committee shall review
applications submitted by owners of potential stewardship sites to
determine whether the sites should be identified as exhibiting values
consistent with the purposes of this Act.
(d) Site Identification Process.--
(1) Natural resource-based recreation areas.--The Advisory
Committee shall identify additional potential recreation areas
as stewardship sites using a selection technique that
includes--
(A) public access;
(B) community support;
(C) areas with high population density;
(D) connectivity to existing protected areas and
open spaces;
(E) cultural, historic, and scenic areas; and
(F) other criteria developed by the Advisory
Committee.
(2) Natural areas with ecological value.--The Advisory
Committee shall identify additional natural areas with
ecological value and potential as stewardship sites to
recommend to the Administrator--
(A) based on measurable conservation targets for
the Region; and
(B) following a process for prioritizing new sites
using systematic site selection, that shall include--
(i) ecological uniqueness;
(ii) species viability;
(iii) habitat heterogeneity;
(iv) size;
(v) quality;
(vi) connectivity to existing protected
areas and open spaces;
(vii) land cover;
(viii) scientific, research, or educational
value;
(ix) threats; and
(x) other criteria developed by the
Advisory Committee.
(3) Publication of list.--After completion of the site
identification process, the Advisory Committee shall--
(A) publish in the Federal Register a list of sites
that further the purposes of this Act; and
(B) prior to publication of the list, provide to
owners of the sites to be published--
(i) a notification of publication; and
(ii) an opportunity to decline inclusion of
the site of the owner on the list.
(4) Deviation from process.--
(A) In general.--The Advisory Committee may
identify as a potential stewardship site to recommend
to the Administrator, a site that does not meet the
criteria in paragraph (1) or (2), if the Advisory
Committee--
(i) selects a site that makes significant
ecological or recreational contributions to the
Region;
(ii) publishes the reasons that the
Advisory Committee decided to deviate from the
systematic site selection process; and
(iii) before identifying the potential
stewardship site, provides to the owners of the
site the notification of publication, and the
opportunity under paragraph (3)(B) to decline
inclusion of the site on the list published
under paragraph (3)(A).
(5) Public comment.--In identifying potential stewardship
sites, the Advisory Committee shall consider public comments.
(e) General Guidelines for 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 updating the list of recommended
stewardship sites.
SEC. 9. REPORTS.
(a) In General.--For each of fiscal years 2007 through 2014, the
Advisory Committee shall submit to the Administrator an annual report
that contains--
(1) a detailed statement of the findings and conclusions of
the Advisory Committee since the last report;
(2) a description of all sites identified and recommended
by the Advisory Committee to be approved as stewardship sites;
(3) the recommendations of the Advisory Committee for such
legislation and administrative actions as the Advisory
Committee considers appropriate; and
(4) in accordance with subsection (b), the recommendations
of the Advisory Committee for the awarding of grants.
(b) General Guidelines for Recommendations.--
(1) In general.--The Advisory Committee shall recommend
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--
(A) purchase of the property of the site;
(B) purchase of relevant property rights of the
site; or
(C) entering into any other binding legal
arrangement that ensures that the values of the site
are sustained, including entering into an arrangement
with a land manager or owner to develop or implement an
approved management plan that is necessary for the
conservation of natural resources.
(2) Equitable distribution of funds.--The Advisory
Committee shall exert due diligence to recommend an equitable
distribution of funds between the States.
(c) Action by the Administrator.--
(1) In general.--Not later than 90 days after receiving a
report under subsection (a), the Administrator shall--
(A) review the recommendations of the Advisory
Committee; and
(B) take actions consistent with the
recommendations of the Advisory Committee, including
the approval of identification of stewardship sites and
the award of grants under this Act, unless the
Administrator makes a finding that any recommendation
is unwarranted by the facts.
(2) Report.--Not later than 1 year after the date of
enactment of this Act, the Administrator shall develop and
publish a report that--
(A) assesses the current resources of and threats
to Raritan Bay;
(B) assesses the role of the Raritan Bay
Stewardship Initiative in protecting Raritan Bay;
(C) establishes guidelines, criteria, schedules,
and due dates for evaluating information to identify
stewardship sites;
(D) includes information about any grants that are
available for the purchase of land or property rights
to protect stewardship sites pursuant to this Act;
(E) accounts for funds received and expended during
the previous fiscal year pursuant to this Act;
(F) shall be made available to the public on the
Internet and in printed form; and
(G) shall be updated at least every other year,
except that information on funding and any new
stewardship sites identified shall be published more
frequently.
SEC. 10. PRIVATE PROPERTY PROTECTION.
(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 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 agreement of the owner or
custodian of the property.
(b) Liability.--Establishment of the Raritan Bay Stewardship
Initiative Region under this Act 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 in the Raritan Bay
Stewardship Initiative Region.--Nothing in this Act requires the owner
of any private property located within the boundaries of the Region to
participate in or be associated with the Initiative.
(e) Effect of Establishment.--
(1) In general.--The boundaries of the Region under this
Act constitute the only area within which Federal funds
appropriated for the purpose of this Act may be expended.
(2) Regulatory authority.--The establishment of the Region
and the boundaries of the Region do not provide any authority
to regulate 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 the Federal
Government or a State or local government, if applicable).
SEC. 11. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated to carry
out this Act $25,000,000 for each of fiscal years 2006 through 2013 for
use by the Administrator pursuant to this Act, after reviewing the
recommendations of the Advisory Committee submitted under section 9,
for--
(1) award of grants for 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.
(b) Federal Share.--The Federal share of the cost of an activity
carried out using any grant or other assistance under this Act shall
not exceed 75 percent of the total cost of the activity.
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