[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