Long Island Sound

(a)

Duties of the Office

Section 119(c) of the Federal Water Pollution Control Act (33 U.S.C. 1269(c)) is amended— (1)in paragraph (2)— (A)in subparagraph (H) by striking the and at the end; (B)in subparagraph (I) by striking the period at the end and inserting , and; and (C)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 such vulnerabilities, and (iii)the identification and assessment of the impacts of sea level rise on water quality, habitat, and infrastructure in Long Island Sound;

;

(2)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;

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(3)in paragraph (6) by inserting after the public the following: , including on the Internet,; and (4)by striking paragraph (7) and inserting the following:

(7)track the progress made towards 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

(b)

Stormwater discharges

Section 119 of such Act is amended— (1)by redesignating subsections (d), (e), and (f) as subsections (j), (k), and (l), respectively; and (2)by inserting after subsection (c) the following:

(d)

Stormwater discharges

(1)

In general

Not later than January 1, 2014, a municipality that owns or operates a municipal separate storm sewer system shall be required to obtain, without regard to the size of the population served by the system, a permit under section 402(p) for discharges composed entirely of stormwater for any portion of the municipality that is located within both— (A)the Long Island Sound watershed; and (B)an urbanized area. (2)

Regional stormwater permitting

Notwithstanding the requirements of section 402(p)(3)(B)(i), and at the request of applicable municipalities, permits described in paragraph (1) may be issued on a regional basis. (3)

Regulations

(A)

In general

Not later than 2 years after the date of enactment of the Long Island Sound Improvement Act Amendments of 2011, and after providing notice and an opportunity for public comment, the Administrator shall issue regulations to implement this subsection, including regulations for permit issuance on a regional basis under paragraph (2). (B)

Permit requirements

In carrying out subparagraph (A), the Administrator shall ensure that— (i)permits held by industrial stormwater dischargers located within a region subject to a regional permit issued under paragraph (2) conform to the conditions included in the regional permit; (ii)permits held by construction activity dischargers located within a region subject to a regional permit issued under paragraph (2) conform to the conditions included in the regional permit; and (iii)monitoring requirements are included in a regional permit issued under paragraph (2). (4)

Technical assistance

The Administrator may provide technical assistance to a municipality with respect to the establishment of a regional permit issued under paragraph (2).

(c)

Reporting requirements

Section 119 of such Act (as amended by this section) is further amended by inserting after subsection (d) the following:

(e)

Report

(1)

In general

Not later than 2 years after the date of enactment of the Long Island Sound Improvement Act Amendments of 2011, 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 towards 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 how 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. (f)

Annual budget plan

The President, in the annual budget of the United States Government submitted under section 1105(a) of title 31, United States Code, shall submit information regarding each Federal agency involved in the protection and restoration of the Long Island Sound watershed, including— (1)an interagency crosscut budget that displays for each Federal agency— (A)the amount obligated in 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 succeeding fiscal year.

(d)

Federal entities

Section 119 of such Act (as amended by this section) is further amended by inserting after subsection (f) the following:

(g)

Federal entities

(1)

Coordination

The Administrator shall coordinate the actions of all Federal 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

The Administrator, acting through the Director of the Office, may enter into interagency agreements and make intergovernmental personnel appointments in carrying out the duties of this section. (3)

Federal participation in watershed planning

A Federal 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

(A)

In general

To the maximum extent practicable, the head of each Federal agency that owns or occupies real property, or carries out activities, within the Long Island Sound watershed shall ensure that the property, the actions taken by the agency with respect to the property, and the activities of the agency are consistent with the Long Island Sound Comprehensive Conservation and Management Plan, and any related subsequent agreements and plans. (B)

Forested lands and riparian habitat

Not later than 2 years after the date of enactment of the Long Island Sound Improvement Act Amendments of 2011, the Administrator shall coordinate with the head of each Federal agency that owns or occupies real property within the Long Island Sound watershed to develop and implement— (i)a plan to maximize, to the extent practicable, forest cover and riparian habitat on the property; and (ii)a plan for reforestation and riparian habitat recovery, if necessary, on the property. (C)

Stormwater management practices

Not later than 2 years after the date of enactment of the Long Island Sound Improvement Act Amendments of 2011, the Administrator shall coordinate with the head of each Federal agency that owns or occupies real property within the Long Island Sound watershed to develop and implement a plan to minimize or eliminate the discharge of stormwater from the property.

(e)

Trading program

Section 119 of such Act (as amended by this section) is further amended by inserting after subsection (g) the following:

(h)

Trading program

(1)

Establishment

The Administrator shall, in consultation with the Governor of each Long Island Sound State— (A)not later than September 30, 2012, publish a proposal for a voluntary interstate nitrogen trading program with respect to Long Island Sound that includes the generation, trading, and use of nitrogen credits to facilitate the attainment and maintenance of the Long Island Sound TMDL; and (B)not later than March 1, 2013, establish a voluntary interstate nitrogen trading program with respect to Long Island Sound that includes the generation, trading, and use of nitrogen credits to facilitate the attainment and maintenance of the Long Island Sound TMDL. (2)

Requirements

The trading program established under paragraph (1) shall, at a minimum— (A)establish procedures or standards for certifying, verifying, and enforcing nitrogen credits to ensure that credit-generating practices from both point sources and nonpoint sources are achieving actual reductions in nitrogen; and (B)establish procedures or standards for providing public transparency with respect to trading activity.

(f)

Annual priority list

Section 119 of such Act (as amended by this section) is further amended by inserting after subsection (h) the following:

(i)

Annual priority list

(1)

In general

Not later than one year after the date of enactment of the Long Island Sound Improvement Act Amendments of 2011, and annually thereafter, the Director of the Office, in consultation with the Governor of each Long Island Sound State, shall compile, after providing notice, a list identifying and prioritizing the activities, projects, programs, and studies intended to be funded with amounts made available for grants under subsection (j) during the succeeding fiscal year. (2)

List components

The list compiled under paragraph (1) shall include— (A)a specification, in order of priority, of activities, projects, programs, and studies that will assist in meeting the goals and objectives of the Long Island Sound Comprehensive Conservation and Management Plan; (B)information on the activities, projects, programs, and studies specified in subparagraph (A), including the potential terms of financial assistance and communities to be served; and (C)the criteria and methods established by the Director of the Office, in consultation with the Governor of each Long Island Sound State, for selecting activities, projects, programs, and studies for grants under subsection (j). (3)

Approval of list

(A)

Submission

Not later than 15 days after compiling a list under paragraph (1), the Director of the Office shall submit the list to the Administrator for approval. (B)

Approval

The Administrator shall approve or disapprove a list submitted under subparagraph (A) based on a determination of whether the activities, projects, programs, and studies specified in the list are consistent with the goals and objectives of the Long Island Sound Comprehensive Conservation and Management Plan. (C)

Effect of disapproval

If the Administrator disapproves a list submitted under subparagraph (A), the Administrator shall provide the Director of the Office, in writing, a notification of and basis for the disapproval and shall allow the Director of the Office the opportunity for resubmission. (D)

Failure of Administrator to respond

If the Administrator has not responded in writing to a list submitted under subparagraph (A) by the date that is 90 days after the date of the submission, the list shall be considered to be approved. (4)

Failure to compile list

If the Director of the Office does not compile a list under paragraph (1) with respect to a fiscal year, the Administrator shall compile the list for that fiscal year, which— (A)shall include a specification, in order of priority, of activities, projects, programs, and studies that will assist in meeting the goals and objectives of the Long Island Sound Comprehensive Conservation and Management Plan; and (B)may include any activities, projects, programs, and studies from previous lists compiled under paragraph (1) and approved under paragraph (3) that have not yet been funded with a grant under subsection (j).

(g)

Grants

Section 119(j) of such Act (as redesignated by subsection (b)(1) of this section) is amended— (1)by striking paragraph (2) and inserting the following:

(2)

Eligibility

(A)

In general

Except as provided in subparagraph (B), the Administrator is authorized to make grants under this subsection to State, interstate, and regional water pollution control agencies and other public and nonprofit private agencies, institutions, and organizations. (B)

Construction of treatment works

(i)

In general

The Administrator is authorized to make a grant under this subsection for the construction of a publicly owned treatment works within a Long Island Sound State solely— (I)to a municipal, intermunicipal, State, or interstate agency; and (II)if the State in which the recipient agency is located has established, or the Administrator has established for the State, allocations for discharges within the State in a Long Island Sound TMDL. (ii)

Minimum funding

To the extent practicable, the Administrator shall make grants to agencies under this subparagraph in a manner that ensures that each Long Island Sound State receives each fiscal year not less than 5 percent of the total amount made available in grants under this subparagraph in that fiscal year.

; and

(2)in paragraph (3) by inserting after the first sentence the following: Grants to construct a municipal separate storm sewer system made under this subsection to a municipality that is subject to a regional permit issued under subsection (d)(2) shall not exceed 65 percent of the costs of the construction.. (h)

Authorization of appropriations

Section 119(l) of such Act (as redesignated by subsection (b)(1) of this section) is amended to read as follows:

(l)

Authorization of appropriations

(1)

In general

There is authorized to be appropriated to carry out this section, other than subsection (j), such sums as may be necessary for each of fiscal years 2012 through 2016. (2)

Relationship to other funding

For each fiscal year, the amount the Management Conference of the Long Island Sound Study is eligible to receive in grants under section 320 shall be reduced by an amount equal to the amount the Management Conference receives in grants under this section. (3)

Grants

There is authorized to be appropriated to carry out subsection (j)— (A)for grants to construct publicly owned treatment works, including municipal separate storm sewer systems (which may utilize low impact development technologies or approaches or utilize methods to address combined sewer overflows)— (i)$125,000,000 for fiscal year 2012; and (ii)$250,000,000 for each of fiscal years 2013 through 2016; and (B)for grants other than grants described under subparagraph (A) $40,000,000 for each of fiscal years 2012 through 2016.

(i)

Definitions

Section 119 of such Act (as amended by this section) is further amended by adding at the end the following:

(m)

Definitions

In this section, the following definitions apply: (1)

Long island sound state

The term Long Island Sound State means each of the States of Connecticut, Massachusetts, New Hampshire, New York, Rhode Island, and Vermont. (2)

Long island sound TMDL

The term Long Island Sound TMDL means a total maximum daily load established or approved by the Administrator to achieve water quality standards in the waters of Long Island Sound under section 303(d). (3)

Long island sound watershed

The term Long Island Sound watershed means Long Island Sound and the area consisting of the drainage basin leading into Long Island Sound, including— (A)the Connecticut River and its tributaries; (B)the Housatonic River and its tributaries; (C)the Thames River and its tributaries; (D)the Pawcatuck River and its tributaries; and (E)all other tributaries in the States of Connecticut and New York that drain into Long Island Sound. (4)

Urbanized area

The term urbanized area has the meaning given that term by the Bureau of the Census.