[Senate Report 106-182]
[From the U.S. Government Publishing Office]
Calendar No. 315
106th Congress Report
SENATE
1st Session 106-182
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AUTHORIZING APPROPRIATIONS FOR ACTIVITIES AT THE LONG ISLAND SOUND
_______
October 13, 1999.--Ordered to be printed
_______________________________________________________________________
Mr. Chafee, from the Committee on Environment and Public Works,
submitted the following
R E P O R T
[to accompany S. 1632]
[Including cost estimate of the Congressional Budget Office]
The Committee on Environment and Public Works, to which was
referred the bill (S. 1632), to extend the authorization of
appropriations for activities at the Long Island Sound, having
considered the same, reports favorably thereon and recommends
that the bill do pass.
General Statement and Background
Approximately 100 miles in length and 21 miles at its
greatest width, the Long Island Sound (the Sound) is the second
largest water body in the mid-Atlantic region after the
Chesapeake Bay. Restoration and management of the Sound is
complicated by natural and anthropogenic factors. Unlike most
estuaries, the Sound has two connections to the sea, flowing
into the Atlantic Ocean to the east and to New York Harbor to
the west. Freshwater entering the Sound comes from a series of
south flowing rivers. The major rivers are the Connecticut, the
Housatonic, and the Thames. The multiple inflow and outflow
points, coupled with an uneven bottom topography, result in a
complex patterns of tides and currents.
The Sound is located in the most densely populated region
of the Nation. The mid-Atlantic region has a population density
40 times greater than the national average. The Sound's 16,000
square mile drainage basin includes portions of New York City,
Long Island, and Westchester County in New York, in addition to
Stamford, Norwalk, Bridgeport and New Haven in Connecticut.
More than 8 million people reside in the Sound's watershed, and
the Sound is bordered by a nearly unbroken chain of cities and
towns. The Sound plays a critical role in the regional economy,
contributing more than $5.5 billion to the region from water
quality dependent activities such as boating, commercial and
sports fishing, swimming and beach going.
The large population places significant environmental
pressures on the Sound. Leading environmental threats include
hypoxia, pathogens, mercury pollution, and habitat degradation.
Hypoxia, or low dissolved oxygen levels, is considered the
primary threat to the Sound. In 1989, scientists discovered
hypoxic conditions in 40 percent of the Sound's bottom waters.
The primary cause of hypoxia is excessive nutrient inputs from
municipal wastewater discharges, combined sewer overflows, air
deposition, storm water and urban runoff. Another threat is
pathogens, disease causing microorganisms found in human and
animal waste. The primary sources of pathogens are combined
sewer overflows, run-off from agriculture, and overloaded
sewage treatment plants. Heavy metals and organic chemicals
have contaminated sediments in urbanized areas around the
Sound. In recent years, high concentrations of PCBs found in
the tissues of fish and shellfish have led authorities to issue
consumption advisories. The Sound is consistently one of the
nation's most contaminated sites for copper. In addition, high
levels of mercury have been detected in portions of the Sound.
Habitat loss is another area of significant concern. Over the
past century, up to 35 percent of the Sound's tidal wetlands
were destroyed by development. The destruction of critical
wetlands, upland habitat, and eel grass beds has eliminated the
Sounds natural filtering mechanisms and increased the overall
level of pollutants entering the Sound.
In 1985, Connecticut and New York, in cooperation with the
Environmental Protection Agency (EPA) established the Long
Island Sound Study (LISS) to assess and improve the water
quality of the Sound. In 1987, the Long Island Sound was one of
the original six estuaries designated under the National
Estuary Program of the Clean Water Act. A management committee
and a civilian advisory committee were created within the LISS
to develop a comprehensive conservation and management plan
(CCMP). Completed in 1994, the CCMP calls for a reduction in
the amount of nitrogen reaching the waters of the Sound by
nearly 60 percent over the next 15 years and establishes a goal
of restoring at least 2,000 acres of coastal habitat and 100
miles of river used by migratory fish over the next 10 years.
Implementation of the plan will be achieved through the Long
Island Sound Restoration Agreement, a multi-jurisdictional
agreement signed by the EPA Administrator and the Governors of
Connecticut and New York in the fall of 1994. In 1990, the Long
Island Sound Program Office (the Office) was created under
section 119 of the Clean Water Act. The purpose of the Office
is to coordinate Federal and State activities, assist in public
outreach and education, and provide grants to help implement
the Long Island Sound Comprehensive Management Plan and
Restoration Agreement activities.
Federal, State, and private funds have been well-spent over
the years to research the conditions in the Sound and develop a
comprehensive conservation management plan to improve water
quality and restore degraded habitat. Significant progress has
been made in implementing that plan. Sewage treatment plants
are being upgraded to remove nitrogen. The costs for upgrading
the plants in New York and Connecticut is roughly $2.5 billion.
To date, Connecticut has contributed at least $100 million in
Clean Water Fund grants, and New York has contributed $200
million in bond funds to help implement the plan. Other
elements of the management plan addressing toxic substances,
pathogens, floatable debris, living resources and habitat are
estimated to require up front costs of $3.25 million and annual
costs of $5.5 million to implement.
Objectives and Summary of the Legislation
The bill would extend the authorization for the Long Island
Sound Program office through 2005. The funding authorization
would increase from an amount not to exceed $3 million annually
to an amount not to exceed $10 million annually.
Regulatory Impact Statement
In compliance with section 11(b) of rule XXVI of the
Standing Rules of the Senate, the committee makes the following
evaluation of the regulatory impact of the reported bill. The
reported bill will have no regulatory impact. This bill will
not have any effect on the personal privacy of individuals.
Mandates Assessment
In compliance with the Unfunded Mandates Reform Act of 1995
(Public Law 104-4), the committee finds that S. 1632 would
impose no Federal intergovernmental unfunded mandates on State,
local or tribal governments. All of its governmental directives
are imposed on Federal agencies. The bill does not directly
impose any private sector mandates.
Legislative History
On September, 23, 1999, Senator Lieberman introduced S.
1632, a bill to extend the authorization of appropriations for
activities under section 119 of the Federal Water Pollution
Control Act. On September 29, 1999, the Committee on
Environment and Public Works held a business meeting to
consider S. 1632. The bill was favorably reported by voice
vote.
Cost of Legislation
Section 403 of the Congressional Budget and Impoundment
Control Act requires that a statement of the cost of the
reported bill, prepared by the Congressional Budget Office, be
included in the report. That statement follows:
U.S. Congress,
Congressional Budget Office,
Washington, DC, October 7, 1999.
Hon. John H. Chafee, Chairman,
Committee on Environment and Public Works,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 1632, a bill to
extend the authorization of appropriations for activities at
Long Island Sound.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contacts are Susanne S.
Mehlman (for Federal costs), who can be reached at 226-2860,
and Shelley Finlayson (for the state and local impact), who can
be reached at 225-3220.
Sincerely,
Dan L. Crippen.
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Congressional Budget Office Cost Estimate
S. 1632, A bill to extend the authorization of appropriations for
activities at Long Island Sound, as ordered reported by the
Senate Committee on Environment and Public Works on September
29, 1999
Summary
S. 1632 would extend and increase the authorization of
appropriations for the Environmental Protection Agency's
(EPA's) Long Island Sound program of flee over the 2000-2005
period. Enacting this bill also would authorize the
appropriation of up to $10 million for each of fiscal years
2000 through 2005. Under current law the program is authorized
to receive appropriations of $3 million annually through 2001.
COO estimates that implementing S. 1632 would result in
additional discretionary outlays of about $47 million over the
6-year authorization period.
The bill would not affect direct spending or receipts;
therefore, pay-as-you-go procedures would not apply. S. 1632
contains no intergovernmental mandates or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA).
Any costs to state or local governments would be the result of
complying with grant conditions.
Estimated Cost to the Federal Government
For purposes ofthis estimate, CBO assumes that the amounts
authorized will be appropriated for each fiscal year and that
outlays will follow the pattern of past appropriations for
EPA's Long Island Sound program. The estimated budgetary impact
of S. 1632 is shown in the following table. The costs of this
legislation fall within budget function 300 (natural resources
and environment).
By Fiscal Year, in Millions of Dollars
----------------------------------------------------------------------------------------------------------------
2000 2001 2002 2003 2004 2005
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SPENDING SUBJECT TO APPROPRIATION
Spending Under Current Law:
Authorization Levela........................................ 3 3 0 0 0 0
Estimated Outlays........................................... 2 3 1 1 b 0
Proposed Changes:
Authorization Level......................................... 7 7 10 10 10 10
Estimated Outlays........................................... 4 6 8 9 10 10
Spending Under S. 1632:
Authorization Level......................................... 10 10 10 10 10 10
Estimated Outlays........................................... 6 9 9 10 10 10
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a The EPA Long Island Sound program office has not yet received a full-year appropriation for 2000; under
current law $3 million is authorized to be appropriated for this program in 2000 and 2001.
b Less than $500,000.
Pay-as-you-go Considerations: None.
Estimated Impact on State, Local, and Tribal Governments
S. 1632 contains no intergovernmental mandates as defined
in UMRA. The bill would reauthorize the Long Island Sound
program of lice. Much of the funding authorized by the bill
would fund a grant program that requires matching funds from
participating public or private entities such as qualified
state and local governments. Any costs to these governments
from the requirements of the program would be incurred
voluntarily.
Estimated Impact on the Private Sector
This bill would impose no new private-sector mandates as
defined in UMRA.
Estimate Prepared by: Federal Costs: Susanne S. Mehlman (226-
2860) Impact on State, Local, and Tribal Governments: Shelley
Finlayson (225-3220)
Estimate Approved by: Peter H. Fontaine Deputy Assistant
Director for Budget Analysis.
Changes in Existing Law
In compliance with section 12 of rule XXVI of the Standing
Rules of the Senate, changes in existing law made by the bill
as reported are shown as follows: Existing law proposed to be
omitted is enclosed in [black brackets], new matter is printed
in italic, existing law in which no change is proposed is shown
in roman:
UNITED STATES CODE--TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 26--WATER POLLUTION PREVENTION AND CONTROL
Subchapter I--Research and Related Programs
Sec. 1269. Long Island Sound.
(a) Office of Management Conference of the Long Island
Sound Study
The Administrator shall continue the Management Conference
of the Long Island Sound Study (hereinafter referred to as the
''Conference'') as established pursuant to section 1330 of this
title, and shall establish an office (hereinafter referred to
as the ''Office'') to be located on or near Long Island Sound.
(b) Administration and staffing of Office
The Office shall be consultation with the Administrators of
EPA regions I and II, from among the employees of the Agency
who are in civil service. The Administrator shall delegate to
the Director such authority and detail such additional staff as
may be necessary to carry out the duties of the Director under
this section.
(c) Duties of Office
The Office shall assist the Management Conference of the
Long Island Sound Study in carrying out its goals.
Specifically, the Office shall--
(1) assist and support the implementation of the
Comprehensive Conservation and Management Plan for Long
Island Sound developed pursuant to section 1330 of this
title;
(2) conduct or commission studies deemed necessary
for strengthened implementation of the Comprehensive
Conservation and Management Plan including, but not
limited to--
(A) population growth and the adequacy of
wastewater treatment facilities,
(B) the use of biological methods for
nutrient removal in sewage treatment plants,
(C) contaminated sediments, and dredging
activities,
(D) nonpoint source pollution abatement and
land use activities in the Long Island Sound
watershed,
(E) wetland protection and restoration,
(F) atmospheric deposition of acidic and
other pollutants into Long Island Sound,
(G) water quality requirements to sustain
fish, shellfish, and wildlife populations, and
the use of indicator species to assess
environmental quality,
(H) State water quality programs, for their
adequacy pursuant to implementation of the
Comprehensive Conservation and Management Plan,
and
(I) options for long-term financing of
wastewater treatment projects and water
pollution control programs.
(3) coordinate the grant, research and planning
programs authorized under this section;
(4) coordinate activities and implementation
responsibilities with other Federal agencies which have
jurisdiction over Long Island Sound and with national
and regional marine monitoring and research programs
established pursuant to the Marine Protection,
Research, and Sanctuaries Act (16 U.S.C. 1431 et seq.,
1447 et seq.; 33 U.S.C. 1401 et seq., 2801 et seq.);
(5) provide administrative and technical support to
the conference;
(6) collect and make available to the public
publications, and other forms of information the
conference determines to be appropriate, relating to
the environmental quality of Long Island Sound;
(7) not more than two years after the date of the
issuance of the final Comprehensive Conservation and
Management Plan for Long Island Sound under section
1330 of this title, and biennially thereafter, issue a
report to the Congress which--
(A) summarizes the progress made by the
States in implementing the Comprehensive
Conservation and Management Plan;
(B) summarizes any modifications to the
Comprehensive Conservation and Management Plan
in the twelve-month period immediately
preceding such report; and
(C) incorporates specific recommendations
concerning the implementation of the
Comprehensive Conservation and Management Plan;
and
(8) convene conferences and meetings for
legislators from State governments and political
subdivisions thereof for the purpose of making
recommendations for coordinating legislative efforts to
facilitate the environmental restoration of Long Island
Sound and the implementation of the Comprehensive
Conservation and Management Plan.
(d) Grants
(1) The Administrator is authorized to make grants
for projects and studies which will help implement the
Long Island Sound Comprehensive Conservation and
Management Plan. Special emphasis shall be given to
implementation, research and planning, enforcement, and
citizen involvement and education.
(2) State, interstate, and regional water pollution
control agencies, and other public or nonprofit private
agencies, institutions, and organizations held to be
eligible for grants pursuant to this subsection.
(3) Citizen involvement and citizen education
grants under this subsection shall not exceed 95 per
centum of the costs of such work. All other grants
under this subsection shall not exceed 50 per centum of
the research, studies, or work. All grants shall be
made on the condition that the non-Federal share of
such costs are provided from non-Federal sources.
(e) Authorizations
(1) There is authorized to be appropriated to the
Administrator for the implementation of this section, other
than subsection (d) of this section, such sums as may be
necessary for each of the fiscal years [1991 through 2001] 2000
through 2005.
(2) There is authorized to be appropriated to the
Administrator for the implementation of subsection (d)
of this section [not to exceed $3,000,000 for each of
the fiscal years 1991 through 2001] not to exceed
$10,000,000 for each of the fiscal years 2000 through
2005.
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