[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3119 Reported in Senate (RS)]
Calendar No. 575
111th CONGRESS
2d Session
S. 3119
[Report No. 111-298]
To amend and reauthorize certain provisions relating to Long Island
Sound restoration and stewardship.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 16, 2010
Mrs. Gillibrand (for herself, Mr. Lieberman, Mr. Dodd, and Mr. Schumer)
introduced the following bill; which was read twice and referred to the
Committee on Environment and Public Works
September 20, 2010
Reported by Mrs. Boxer, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
To amend and reauthorize certain provisions relating to Long Island
Sound restoration and stewardship.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Long Island Sound
Restoration and Stewardship Act''.</DELETED>
<DELETED>SEC. 2. AMENDMENTS.</DELETED>
<DELETED> (a) Long Island Sound Restoration Program.--</DELETED>
<DELETED> (1) In general.--Section 119 of the Federal Water
Pollution Control Act (33 U.S.C. 1269) is amended--</DELETED>
<DELETED> (A) in subsection (c)(4), by inserting
``cooperate and'' before ``coordinate''; and</DELETED>
<DELETED> (B) by striking subsection (f).</DELETED>
<DELETED> (2) Effective date.--The amendments made by
paragraph (1) takes effect on October 1, 2010.</DELETED>
<DELETED> (b) Long Island Sound Stewardship Program.--</DELETED>
<DELETED> (1) Long island sound stewardship advisory
committee.--Section 8 of the Long Island Sound Stewardship Act
of 2006 (33 U.S.C. 1269 note; Public Law 109-359) is amended--
</DELETED>
<DELETED> (A) in subsection (g), by striking
``2011'' and inserting ``2015''; and</DELETED>
<DELETED> (B) by adding at the end the
following:</DELETED>
<DELETED> ``(h) Nonapplicability of FACA.--The Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply to--</DELETED>
<DELETED> ``(1) the Advisory Committee; or</DELETED>
<DELETED> ``(2) any board, committee, or other group
established under this Act.''.</DELETED>
<DELETED> (2) Reports.--Section 9(b)(1) of the Long Island
Sound Stewardship Act of 2006 (33 U.S.C. 1269 note; Public Law
109-359) is amended in the matter preceding subparagraph (A) by
striking ``2011'' and inserting ``2015''.</DELETED>
<DELETED> (3) Authorization.--Section 11 of the Long Island
Sound Stewardship Act of 2006 (33 U.S.C. 1269 note; Public Law
109-359) is amended--</DELETED>
<DELETED> (A) by striking subsection (a);</DELETED>
<DELETED> (B) by redesignating subsections (b)
through (d) as subsections (a) through (c),
respectively; and</DELETED>
<DELETED> (C) in subsection (a) (as so
redesignated), by striking ``under this section each''
and inserting ``to carry out this Act for
a''.</DELETED>
<DELETED> (4) Effective date.--The amendments made by this
subsection take effect on October 1, 2010.</DELETED>
<DELETED>SEC. 3. REAUTHORIZATION.</DELETED>
<DELETED> (a) In General.--There are authorized to be appropriated
to the Administrator of the Environmental Protection Agency such sums
as are necessary for each of fiscal years 2011 through 2015 for the
implementation of--</DELETED>
<DELETED> (1) section 119 of the Federal Water Pollution
Control Act (33 U.S.C. 1269), other than subsection (d) of that
section; and</DELETED>
<DELETED> (2) the Long Island Sound Stewardship Act of 2006
(33 U.S.C. 1269 note; Public Law 109-359).</DELETED>
<DELETED> (b) Long Island Sound Grants.--There is authorized to be
appropriated to the Administrator of the Environmental Protection
Agency to carry out subsection (d) of section 119 of the Federal Water
Pollution Control Act (33 U.S.C. 1269) $65,000,000 for each of fiscal
years 2011 through 2015.</DELETED>
<DELETED> (c) Reports.--For each of fiscal years 2011 through 2015,
the Administrator of the Environmental Protection Agency shall submit
to Congress a report describing--</DELETED>
<DELETED> (1) the amounts used during the fiscal year to
carry out each of--</DELETED>
<DELETED> (A) section 119 of the Federal Water
Pollution Control Act (33 U.S.C. 1269), other than
subsection (d) of that section; and</DELETED>
<DELETED> (B) the Long Island Sound Stewardship Act
of 2006 (33 U.S.C. 1269 note; Public Law 109-359);
and</DELETED>
<DELETED> (2) the method used by the Administrator to
allocate the amounts made available under this section between
that section (33 U.S.C. 1269) and that Act (33 U.S.C. 1269
note; Public Law 109-359) for the fiscal year.</DELETED>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Long Island Sound Restoration and
Stewardship Act''.
SEC. 2. AMENDMENTS.
(a) Long Island Sound Restoration Program.--
(1) In general.--Section 119 of the Federal Water Pollution
Control Act (33 U.S.C. 1269) is amended--
(A) in subsection (b), by striking the subsection
designation and heading and all that follows through
``The Office shall'' and inserting the following:
``(b) Office.--
``(1) Establishment.--The Administrator shall--
``(A) continue to carry out the conference study;
and
``(B) establish an office, to be located on or near
Long Island Sound.
``(2) Administration and staffing.--The Office shall'';
(B) in subsection (c)--
(i) in the matter preceding paragraph (1),
by striking ``Management Conference of the Long
Island Sound Study'' and inserting ``conference
study'';
(ii) in paragraph (2)--
(I) in each of subparagraphs (A)
through (G), by striking the commas at
the end of the subparagraphs and
inserting semicolons;
(II) in subparagraph (H), by
striking ``, and'' and inserting a
semicolon;
(III) in subparagraph (I), by
striking the period at the end and
inserting a semicolon; and
(IV) by adding at the end the
following:
``(J) the impacts of climate change on the Long
Island Sound watershed, including--
``(i) the identification and assessment of
vulnerabilities in the watershed;
``(ii) the development and implementation
of adaptation strategies to reduce those
vulnerabilities; and
``(iii) the identification and assessment
of the impacts of sea level rise on water
quality, habitat, and infrastructure in Long
Island Sound; and
``(K) planning initiatives for Long Island Sound
that identify the areas that are most suitable for
various types or classes of activities in order to
reduce conflicts among uses, reduce environmental
impacts, facilitate compatible uses, or preserve
critical ecosystem services to meet economic,
environmental, security, or social objectives;'';
(iii) by striking paragraph (4) and
inserting the following:
``(4) develop and implement strategies to increase public
education and awareness with respect to the ecological health
and water quality conditions of Long Island Sound;'';
(iv) in paragraph (5), by inserting
``study'' after ``conference'';
(v) in paragraph (6)--
(I) by inserting ``(including on
the Internet)'' after ``the public'';
and
(II) by inserting ``study'' after
``conference''; and
(vi) by striking paragraph (7) and
inserting the following:
``(7) monitor the progress made toward meeting the
identified goals, actions, and schedules of the Comprehensive
Conservation and Management Plan, including through the
implementation and support of a monitoring system for the
ecological health and water quality conditions of Long Island
Sound; and'';
(C) in subsection (d)(3), in the second sentence,
by striking ``50 per centum'' and inserting ``60
percent'';
(D) by redesignating subsection (f) as subsection
(i); and
(E) by inserting after subsection (e) the
following:
``(f) Report.--
``(1) In general.--Not later than 2 years after the date of
enactment of the Long Island Sound Restoration and Stewardship
Act, and biennially thereafter, the Director of the Office, in
consultation with the Governor of each Long Island Sound State,
shall submit to Congress a report that--
``(A) summarizes and assesses the progress made by
the Office and the Long Island Sound States in
implementing the Long Island Sound Comprehensive
Conservation and Management Plan, including an
assessment of the progress made toward meeting the
performance goals and milestones contained in the Plan;
``(B) assesses the key ecological attributes that
reflect the health of the ecosystem of the Long Island
Sound watershed;
``(C) describes any substantive modifications to
the Long Island Sound Comprehensive Conservation and
Management Plan made during the 2-year period preceding
the date of submission of the report;
``(D) provides specific recommendations to improve
progress in restoring and protecting the Long Island
Sound watershed, including, as appropriate, proposed
modifications to the Long Island Sound Comprehensive
Conservation and Management Plan;
``(E) identifies priority actions for
implementation of the Long Island Sound Comprehensive
Conservation and Management Plan for the 2-year period
following the date of submission of the report; and
``(F) describes the means by which Federal funding
and actions will be coordinated with the actions of the
Long Island Sound States and other entities.
``(2) Public availability.--The Administrator shall make
the report described in paragraph (1) available to the public,
including on the Internet.
``(g) Annual Budget Plan.--The President shall submit, together
with the annual budget of the United States Government submitted under
section 1105(a) of title 31, United States Code, information regarding
each Federal department and agency involved in the protection and
restoration of the Long Island Sound watershed, including--
``(1) an interagency crosscut budget that displays for each
department and agency--
``(A) the amount obligated during the preceding
fiscal year for protection and restoration projects and
studies relating to the watershed;
``(B) the estimated budget for the current fiscal
year for protection and restoration projects and
studies relating to the watershed; and
``(C) the proposed budget for succeeding fiscal
years for protection and restoration projects and
studies relating to the watershed; and
``(2) a summary of any proposed modifications to the Long
Island Sound Comprehensive Conservation and Management Plan for
the following fiscal year.
``(h) Federal Entities.--
``(1) Coordination.--The Administrator shall coordinate the
actions of all Federal departments and agencies that impact
water quality in the Long Island Sound watershed in order to
improve the water quality and living resources of the
watershed.
``(2) Methods.--In carrying out this section, the
Administrator, acting through the Director of the Office, may--
``(A) enter into interagency agreements; and
``(B) make intergovernmental personnel
appointments.
``(3) Federal participation in watershed planning.--A
Federal department or agency that owns or occupies real
property, or carries out activities, within the Long Island
Sound watershed shall participate in regional and subwatershed
planning, protection, and restoration activities with respect
to the watershed.
``(4) Consistency with comprehensive conservation and
management plan.--To the maximum extent practicable, the head
of each Federal department and agency that owns or occupies
real property, or carries out activities, within the Long
Island Sound watershed shall ensure that the property and all
activities carried out by the department or agency are
consistent with the Long Island Sound Comprehensive
Conservation and Management Plan (including any related
subsequent agreements and plans).''.
(b) Long Island Sound Stewardship Program.--
(1) Long island sound stewardship advisory committee.--
Section 8 of the Long Island Sound Stewardship Act of 2006 (33
U.S.C. 1269 note; Public Law 109-359) is amended--
(A) in subsection (g), by striking ``2011'' and
inserting ``2015''; and
(B) by adding at the end the following:
``(h) Nonapplicability of FACA.--The Federal Advisory Committee Act
(5 U.S.C. App.) shall not apply to--
``(1) the Advisory Committee; or
``(2) any board, committee, or other group established
under this Act.''.
(2) Reports.--Section 9(b)(1) of the Long Island Sound
Stewardship Act of 2006 (33 U.S.C. 1269 note; Public Law 109-
359) is amended in the matter preceding subparagraph (A) by
striking ``2011'' and inserting ``2015''.
(3) Authorization.--Section 11 of the Long Island Sound
Stewardship Act of 2006 (33 U.S.C. 1269 note; Public Law 109-
359) is amended--
(A) by striking subsection (a);
(B) by redesignating subsections (b) through (d) as
subsections (a) through (c), respectively; and
(C) in subsection (a) (as so redesignated), by
striking ``under this section each'' and inserting ``to
carry out this Act for a''.
(4) Effective date.--The amendments made by this subsection
take effect on October 1, 2010.
SEC. 3. REAUTHORIZATION.
(a) In General.--There are authorized to be appropriated to the
Administrator of the Environmental Protection Agency such sums as are
necessary for each of fiscal years 2011 through 2015 for the
implementation of--
(1) section 119 of the Federal Water Pollution Control Act
(33 U.S.C. 1269), other than subsection (d) of that section;
and
(2) the Long Island Sound Stewardship Act of 2006 (33
U.S.C. 1269 note; Public Law 109-359).
(b) Long Island Sound Grants.--There is authorized to be
appropriated to the Administrator of the Environmental Protection
Agency to carry out subsection (d) of section 119 of the Federal Water
Pollution Control Act (33 U.S.C. 1269) $40,000,000 for each of fiscal
years 2011 through 2015.
(c) Long Island Sound Stewardship Grants.--There is authorized to
be appropriated to the Administrator of the Environmental Protection
Agency to carry out the Long Island Sound Stewardship Act of 2006 (33
U.S.C. 1269 note; Public Law 109-359) $25,000,000 for each of fiscal
years 2011 through 2015.
SEC. 4. NUTRIENT BIOEXTRACTION PILOT PROJECT.
(a) Definition of Nutrient Bioextraction.--In this section, the
term ``nutrient bioextraction'' means an environmental management
strategy under which nutrients are removed from an aquatic ecosystem
through the harvest of enhanced biological production, including the
aquaculture of suspension-feeding shellfish or algae.
(b) Pilot Project.--Not later than 2 years after the date of
enactment of this Act, the Administrator of the Environmental
Protection Agency shall carry out a pilot project to demonstrate the
efficacy of nutrient bioextraction for the removal of nitrogen and
phosphorous from the waters of the Long Island Sound watershed.
(c) Report.--Not later than 5 years after the date of enactment of
this Act, the Administrator shall submit to Congress a report
describing the results of the pilot project under this section.
(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $1,000,000.
Calendar No. 575
111th CONGRESS
2d Session
S. 3119
[Report No. 111-298]
_______________________________________________________________________
A BILL
To amend and reauthorize certain provisions relating to Long Island
Sound restoration and stewardship.
_______________________________________________________________________
September 20, 2010
Reported with an amendment