[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.
                              ----------                              


               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
----------------------------------------------------------------------------------------------------------------
                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
----------------------------------------------------------------------------------------------------------------
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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