123STA T . 1 4 43 PUBLIC LA W 111 – 11 —M A R .3 0, 200 9shal l ident i fypr i o rity c onser v ation needs w ithin the S tate , the val u es to b e protected by inclusion of lands in the pro g ra m , and the threats to those values that should be avoided .‘ ‘ (3)E ach participating coastal state shall to the e x tent practicable ensure that the ac q uisition of property or easements shall complement wor k ing waterfront needs. ‘‘( 4 ) T he 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 land - owner relevant to administration and management of the land. ‘‘( 5 ) A wards shall be based on demonstrated need for protec- tion and ability to successfully leverage funds among partici- pating entities, including F ederal programs, regional organi z a- tions, State and other governmental units, landowners, corpora- tions, or private organizations. ‘‘( 6 ) The governor, or the lead agency designated by the governor for coordinating the implementation of this section, where appropriate in consultation with the appropriate local government, shall determine that the application is consistent with the State ’ s or territory’s approved coastal zone plan, pro- gram, and policies prior to submittal to the Secretary. ‘‘( 7 )(A) P riority shall be given to lands described in sub- section (a) that can be effectively managed and protected and that have significant ecological value. ‘‘( B ) O f the pro j ects that meet the standard in subparagraph (A), priority shall be given to lands that — ‘‘(i) are under an imminent threat of conversion to a use that will degrade or otherwise diminish their natural, undeveloped, or recreational state
and ‘‘(ii) serve to mitigate the adverse impacts caused by coastal population growth in the coastal environment. ‘‘( 8 ) I n developing guidelines under this section, the Sec- retary shall consult with coastal states, other Federal agencies, and other interested stakeholders with expertise in land acquisition and conservation procedures. ‘‘( 9 ) Eligible coastal states or N ational Estuarine R esearch Reserves may allocate grants to local governments or agencies eligible for assistance under section 3 0 6A(e). ‘‘( 1 0) 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 C ongress triennially. ‘‘(d) LIM I TA TI ONS AN D P R I V AT E PRO P ERT Y PROTE C TIONS.— ‘‘(1) A grant awarded under this section may be used to purchase land or an interest in land, including an easement, only from a willing seller. Any such purchase shall not be the result of a forced taking under this section. Nothing in this section requires a private property owner to participate in the program under this section. ‘‘( 2 ) Any interest in land, including any easement, acquired with a grant under this section shall not be considered to create any new liability, or have any effect on liability under any other law, of any private property owner with respect to any person injured on the private property. ‘‘(3) Nothing in this section requires a private property owner to provide access (including Federal, State, or local Perfo r manc e mea su res .Ev a l ua ti ons. D ea d line.
