123STA T . 1 4 4 5PUBLIC LA W 111 – 11 —M A R .3 0, 200 9‘ ‘ (g)RES E RVATION O FFU N D S FOR N ATIONA LE STUARINE RESEAR CH RESERVE S ITES .— N oles s than15p e rc ent o f f u n d s m ade a v a i la b le under this section shall be available for ac q uisitions bene - fitting National Estuarine Research Reserves. ‘‘(h) L I M IT ON A DMINISTRATIVE C OSTS.—No more than 5 percent of the funds made available to the Secretar y under this section shall be used by the Secretary for planning or administration of the program. T he Secretary shall provide a report to Congress w ith an account of all e x penditures under this section for fiscal year 20 0 9 and triennially thereafter. ‘‘(i) TITLE AND M ANA G EMENT OF AC Q UIRED P RO P ERT Y .— I f any property is acquired in whole or in part with funds made available through a grant under this section , the grant recipient shall pro- vide— ‘‘(1) 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 current value will be returned to the Secretary in accordance with applicable Federal law for redistribution in the grant process; and ‘‘(2) certification that the property (including any interest in land) will be acquired from a willing seller. ‘‘( j ) REQUIREMENT FOR PROPERTY U SED FOR NON-FEDERAL MATCH.—If the grant recipient elects to use any land or interest in land held by a non-governmental organi z ation as a non-Federal match under subsection (g), the grant recipient must to the Sec- retary ’ s satisfaction demonstrate in the grant application that such land or interest will satisfy the same requirements as the lands or interests in lands acquired under the program. ‘‘( k ) D EFINITIONS.—In this section
‘‘(1) 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 section 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. ‘‘(2) INTEREST IN PROPERTY.—The term ‘interest in property’ includes a conservation easement. ‘‘(l) AUTHORI Z ATION OF APPROPRIATIONS.—There are authorized to be appropriated to the Secretary to carry out this section $6 0,000,000 for each of fiscal years 2009 through 201 3 .’’. Certif i ca ti on.R e p ort s . D ea dl ine.
