[Senate Report 111-298]
[From the U.S. Government Publishing Office]


                                                       Calendar No. 575
111th Congress                                                   Report
                                 SENATE
 2d Session                                                     111-298
======================================================================
 
       LONG ISLAND SOUND RESTORATION AND STEWARDSHIP ACT OF 2010

                                _______
                                

               September 20, 2010.--Ordered to be printed

                                _______
                                

    Mrs. Boxer, from the Committee on Environment and Public Works, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 3119]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Environment and Public Works, to which was 
referred a bill (S. 3119) to amend and reauthorize certain 
provisions relating to Long Island Sound restoration and 
stewardship, having considered the same, reports favorably 
thereon and recommends that the bill, as amended, do pass.

                    General Statement and Backround

    The Long Island Sound Restoration and Stewardship Act of 
2010 reauthorizes the Long Island Sound Restoration Act (33 
U.S.C. 1269) and Long Island Stewardship Act (33 U.S.C. 1269 
note; Public Law 109-359) at $200 million and $125, 
respectfully over 5 years. These authorizations match the 
current authorization levels for the two programs.
    The authorizations support various projects to restore and 
preserve the Long Island Sound and its ecosystems including; 
upgrades to wastewater facilities, wetland protection and 
restoration, non-point source pollution control and abatement 
projects.
    Long Island Sound, which borders New York and Connecticut, 
is a 1,320 square mile estuary of the Atlantic Ocean. The Long 
Island Sound watershed stretches from Quebec, Canada through 
Vermont, New Hampshire, Massachusetts and parts of Connecticut 
on its northern end, and New York and parts of Connecticut on 
its western and southern ends. Nearly 9 million people call the 
Long Island Sound watershed home, with 4 million living along 
the Sound itself.
    In 1985, after decades of evidence of a decline in water 
quality and depleted oxygen levels, Congress created the Long 
Island Sound Study to identify threats to the Sound's health 
and engage in planning for remediation. In 1994, the Study 
released a Comprehensive Conservation and Management Plan 
(Plan), approved under section 320 of the Clean Water Act--the 
National Estuary Program, to restore and protect the Sound. The 
cleanup plan includes actions to address hypoxia, reduce toxic 
substances and pathogens, and restore natural habitats. By 
1998, the States of New York and Connecticut and the EPA 
adopted the reduction plan with a goal of 58.5% nitrogen 
reduction by 2014. In 2001, the Total Maximum Daily Load for 
the Sound was approved by the EPA. In 2006, identifying more 
opportunities to enhance the health of the Sound, Congress 
passed the Long Island Sound Stewardship Act, which targets 
coastal habitat and ecosystem restoration, public access, and 
land use projects to enhance the health of the natural and 
recreational resources of the Sound.
    Introduced by Senator Kirsten E. Gillibrand on March 16, 
2010 with her fellow Long Island Sound Senators, Christopher J. 
Dodd, Joseph I. Lieberman, and Charles E. Schumer, the Long 
Island Sound Restoration and Stewardship Act further supports 
the efforts of the EPA, New York, Connecticut, and various 
other federal, state and local agencies and organizations 
dedicated to restoring Long Island Sound.

                     Objectives of the Legislation

    The Long Island Sound Restoration and Stewardship Act of 
2010 reauthorizes the Long Island Sound Restoration Act (33 
U.S.C. 1269) and Long Island Stewardship Act (33 U.S.C. 1269 
note; Public Law 109-359) and supports new reporting 
requirements, budgeting requirements and a new pilot project 
for natural remediation technologies to assist and enhance 
ongoing restoration and remediation programs in the Sound.

                      Section-by-Section Analysis


Section 1. Short title

    Section 1 notes that this act may be cited as the ``Long 
Island Sound Restoration and Stewardship Act''

Section 2. Amendments

    Section 2 amends 33 USC Sec. 1269 (Long Island Sound) to 
expand the areas of focus of the Long Island Sound Study to 
account for the impacts of climate change on the watershed and 
resource management and to authorize the Study's participation 
in planning initiatives related to the Long Island Sound. 
Although the Committee sees the Long Island Sound Study as an 
appropriate forum for planning activities, as described in this 
section, it is not the Committee's intent that the EPA provide 
the resources to support work that is traditionally funded by 
other Federal agencies. This section also directs the EPA Long 
Island Sound Office (Office) to increase public awareness and 
education on ecological health and water quality conditions.
    Section 2 changes the federal share for Long Island Sound 
grants from ``50'' to ``60'' to mirror the Stewardship grant 
program.
    Section 2 includes new requirements that the Office submit 
biennial reports to Congress outlining progress in carrying out 
the Comprehensive Conservation and Management Plan (Plan) and 
progress to meeting the goals contained in the Plan. The report 
must also include modifications to the Plan, recommendations, 
priority actions, and outline coordination among various 
federal agencies and the states.
    Section 2 requires the President to submit an annual 
crosscut budget on Long Island Sound funding.
    Section 2 requires federal agencies to coordinate efforts 
in the Long Island Sound. Agencies that occupy lands in the 
Long Island Sound watershed are required to participate in 
watershed planning efforts, and ensure that management of the 
agency's land in the watershed is consistent with any 
requirements set forth in the Plan.
    Section 2 also amends the Long Island Sound Stewardship Act 
of 2006 (33 U.S.C. 1269 note; Public law 109-359) to extend the 
authorization through 2015, and exempts the Advisory Committee 
and any board, committee, or other group established under this 
law from the Federal Advisory Committee Act.

Section 3. Reauthorization

    Section 3 reauthorizes the Long Island Sound Grants under 
the Long Island Sound Restoration Act at $40 million each year 
through 2015.
    Section 3 also reauthorizes the Long Island Sound 
Stewardship Grants at $25 million each year through 2015. These 
authorizations maintain the current authorized levels each year 
for an additional 5 years.

Section 4. Nutrient bioextraction pilot project

    Section 4 authorizes $1 million for a pilot project to 
demonstrate the use of natural filtration technologies 
including sea plants and shellfish to remove nutrients from the 
system.
    Section 4 also requires that 5 years after the date of 
enactment, the Administrator shall submit a report to Congress 
outlining the results of the pilot project.

                          Legislative History

    Senator Kirsten E. Gillibrand introduced the Long Island 
Sound Restoration and Stewardship Act of 2010 on March 16, 
2010, which was co-sponsored by Senators Christopher Dodd, 
Joseph Lieberman, and Charles Schumer. The bill was received, 
read twice and referred to the Committee on Environment and 
Public Works.
    On June 30, 2010, the Full Committee met to consider a 
number of bills including S. 3119. During this meeting, the 
Committee considered S. 3119 and adopted an amendment in the 
nature of a substitute offered by Senator Gillibrand that added 
additional reporting requirements, modified the scope of the 
Long Island Sound Study, added an authorization for a nutrient 
bioextraction pilot project and made technical corrections. S. 
3119 was ordered to be reported with an amendment in the nature 
of a substitute favorably by voice vote.

                                Hearings

    On February 24, 2010, the Full Senate Committee on 
Environment and Public Works and the Subcommittee on Water and 
Wildlife held a joint hearing on legislative approaches to 
protecting Great Water Bodies (i.e., Lake Tahoe, Puget Sound, 
Long Island Sound, Columbia River Basin, and the Great Lakes). 
The hearing included a discussion of efforts to restore the 
Long Island Sound.

                             Rollcall Votes

    The Committee on Environment and Public Works met to 
consider S. 3119 on June 30, 2010. The bill was ordered to be 
reported favorably with an amendment in the nature of a 
substitute by voice vote.

                      Regulatory Impact Statement

    In compliance with section 11(b) of rule XXVI of the 
Standing Rules of the Senate, the committee finds that S. 3119 
does not create any additional regulatory burdens, nor will it 
cause any adverse impact on the personal privacy of 
individuals.

                          Mandates Assessment

    In compliance with the Unfunded Mandates Reform Act of 1995 
(Public Law 104-4), the committee noted that the Congressional 
Budget Office (CBO) has found, ``S. 3119 contains no 
intergovernmental or private-sector mandates as defined in the 
Unfunded Mandates Reform Act (UMRA) and would impose no costs 
on state, local, or tribal governments.''

                                                     July 14, 2010.
Hon. Barbara Boxer,
Chairman, Committee on Environment and Public Works,
U.S. Senate, Washington, DC.
    Dear Madam Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 3119, the Long 
Island Sound Restoration and Stewardship Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Susanne S. 
Mehlman.
            Sincerely,
                                              Douglas W. Elmendorf.
    Enclosure.

S. 3119--Long Island Sound Restoration and Stewardship Act

    Summary: S. 3119 would require the Long Island Sound office 
of the Environmental Protection Agency (EPA) to study the 
impact of climate change on the Long Island Sound watershed and 
develop strategies to increase public education about that 
area. Assuming appropriation of the necessary amounts, CBO 
estimates that implementing this legislation would cost $285 
million over the 2011-2015 period.
    This legislation would authorize the appropriation of $40 
million annually over the 2011-2015 period for EPA to implement 
the Long Island Sound comprehensive conservation and management 
plan. S. 3119 also would authorize the appropriation of $25 
million annually over that same period for EPA to provide 
grants to states and local governments, nonprofit 
organizations, and private landowners for the procurement and 
enhancement of sites within the Long Island Sound ecosystem, 
and to cover the committee's administrative costs. (Such grants 
are referred to as Long Island Sound Stewardship grants in the 
bill.)
    In addition, S. 3119 would authorize the appropriation of 
$1 million to fund a pilot project to demonstrate methods to 
remove nitrogen and phosphorus from the Long Island Sound 
watershed. Finally, this legislation would extend the authority 
to appropriate funding through 2015 for EPA to operate the 
Office of the Management Conference of the Long Island Sound 
Study.
    Pay-as-you-go procedures would not apply to S. 3119 because 
it would not affect direct spending or revenues.
    S. 3119 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA) 
and would impose no costs on state, local, or tribal 
governments.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of S. 3119 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--
                                                              --------------------------------------------------
                                                                2011    2012    2013    2014    2015   2011-2015
----------------------------------------------------------------------------------------------------------------
                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATION

Grants to Support Long Island Sound Comprehensive
 Conservation and Management Plan:
    Authorization Level......................................      40      40      40      40      40       200
    Estimated Outlays........................................      18      34      40      40      40       172
Long Island Sound Stewardship Grants:
    Authorization Level......................................      25      25      25      25      25       125
    Estimated Outlays........................................      11      21      25      25      25       107
Nutrient Bioextraction Pilot Project:
    Authorization Level......................................       1       0       0       0       0         1
    Estimated Outlays........................................       1       0       0       0       0         1
Office of the Management Conference of the Long Island Sound
 Study:
    Estimated Authorization Level............................       1       1       1       1       1         5
    Estimated Outlays........................................       1       1       1       1       1         5
Total Changes:
    Estimated Authorization Level............................      67      66      66      66      66       331
    Estimated Outlays........................................      31      56      66      66      66       285
----------------------------------------------------------------------------------------------------------------

    Basis of estimate: For this estimate, CBO assumes that S. 
3119 will be enacted near the beginning of fiscal year 2011, 
that specified amounts will be appropriated in each year 
starting in 2011, and that outlays will follow historical 
spending patterns for the existing programs. In addition, CBO 
estimates that about $5 million would be needed over the next 
five years to operate the Office of the Management Conference 
of the Long Island Sound Study.
    Pay-as-you-go considerations: None.
    Intergovernmental and private-sector impact: S. 3119 
contains no intergovernmental or private-sector mandates as 
defined in UMRA and would impose no costs on state, local, or 
tribal governments. States would benefit from grants authorized 
in the bill. Any costs to those governments would be incurred 
voluntarily as a condition of federal assistance.
    Estimate prepared by: Federal Costs: Susanne S. Mehlman; 
Impact on State, Local, and Tribal Governments: Ryan Miller; 
Impact on the Private Sector: Amy Petz.
    Estimate approved by: Peter H. Fontaine, 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:

           *       *       *       *       *       *       *


FEDERAL WATER POLLUTION CONTROL ACT

           *       *       *       *       *       *       *


  Sec. 101. (a) The objective of this Act is to restore and 
maintain the chemical, physical, and biological integrity of 
the Nation's waters. In order to achieve this objective it is 
hereby declared that, consistent with the provisions of this 
Act--
          (1) * * *

           *       *       *       *       *       *       *

  Sec. 119. Long Island Sound.--(a) The Administrator shall 
continue the Management Conference of the Long Island Sound 
Study (hereinafter referred to as the ``Conference'') as 
established pursuant to section 320 of this Act, 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]
  (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''; 
        be headed by a Director, who shall be detailed by the 
        Administrator, following 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 the Office.--The Office shall assist the 
[Management Conference of the Long Island Sound 
Study]conference 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 320 of this 
        Act, including efforts to establish, within the process 
        for granting watershed general permits, a system for 
        promoting innovative methodologies and technologies 
        that are cost-effective and consistent with the goals 
        of the Plan;
          (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[.];
                  (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;
          (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;]
          (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;
          (5) provide administrative and technical support to 
        the conference study;
          (6) collect and make available to the public 
        (including on the Internet) publications, and other 
        forms of information the conference study 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 320 
        of this Act, 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]
          (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

           *       *       *       *       *       *       *

  (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]60 percent 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) Assistance to Distressed Communities.--
          (1) Eligible communities.--For the purposes of this 
        subsection, a distressed community is any community 
        that meets affordability criteria established by the 
        State in which the community is located, if such 
        criteria are developed after public review and comment.
          (2) Priority.--In making assistance available under 
        this section for the upgrading of wastewater treatment 
        facilities, the Administrator may give priority to a 
        distressed community.
  (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).
  [(f)](i) Authorizations.--(1) There is authorized to be 
appropriated to the Administrator for the implementation of 
this section, other than subsection (d), such sums as may be 
necessary for each of the fiscal years 2001 through 2010.
  (2) There is authorized to be appropriated to the 
Administrator for the implementation of subsection (d) not to 
exceed $40,000,000 for each of fiscal years 2001 through 2010.

Long Island Sound Stewardship Act of 2006

           *       *       *       *       *       *       *



SEC. 2. FINDINGS AND PURPOSE.

  (a) Findings.--Congress finds that--
          (1) * * *

           *       *       *       *       *       *       *


SEC. 8. LONG ISLAND SOUND STEWARDSHIP ADVISORY.

  (a) Establishment.--There is established a committee to be 
known as the ``Long Island Sound Stewardship Advisory 
Committee''.
  (b) Membership.--
          (1) * * *

           *       *       *       *       *       *       *

  (g) Termination of Advisory Committee.--The Advisory 
Committee shall terminate on December 1, [2011]2015.
  (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.

           *       *       *       *       *       *       *


SEC. 9. REPORTS.

  (a) Administrator.--The Public information Administrator 
shall publish and make available to the public on the Internet 
and in paper form--
          (1) * * *

           *       *       *       *       *       *       *

  (b) Advisory Committee.--
          (1) Report.--For each of fiscal years 2007 through 
        [2011]2015, the Advisory Committee shall submit to the 
        Administrator and the decisionmaking body of the Long 
        Island Sound Study Management Conference established 
        under section 320 of the Federal Water Pollution 
        Control Act (33 U.S.C. 1330), an annual report that 
        contains--

           *       *       *       *       *       *       *


SEC. 11. AUTHORIZATION OF APPROPRIATIONS.

  [(a) In General.--There is authorized to be appropriated to 
the Administrator $25,000,000 for each of fiscal years 2007 
through 2011 to carry out this Act, including for--
          [(1) acquisition of land and interests in land;
          [(2) development and implementation of site 
        management plans;
          [(3) site enhancements to reduce threats or promote 
        stewardship; and
          [(4) administrative expenses of the Advisory 
        Committee and the Administrator.]
  [(b)](a) Use of Funds.--Amounts made available to the 
Administrator [under this section each]to carry out this Act 
for a fiscal year shall be used by the Administrator after 
reviewing the recommendations included in the annual reports of 
the Advisory Committee under section 9.
  [(c)](b) Authorization of Gifts, Devises, and Bequests for 
System.--In furtherance of the purpose of this Act, the 
Administrator may accept and use any gift, devise, or bequest 
of real or personal property, proceeds there from, or interests 
therein, to carry out this Act. Such acceptance may be subject 
to the terms of any restrictive or affirmative covenant, or 
condition of servitude, if such terms are considered by the 
Administrator to be in accordance with law and compatible with 
the purpose for which acceptance is sought.
  [(d)](c) Limitation on Administrative Costs.--Of the amount 
available each fiscal year to carry out this Act, not more than 
8 percent may be used for administrative costs.

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