[Senate Report 112-184]
[From the U.S. Government Publishing Office]
Calendar No. 453
112th Congress Report
SENATE
2d Session 112-184
======================================================================
LONG ISLAND SOUND RESTORATION AND
STEWARDSHIP ACT
_______
July 16, 2012.--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. 2018]
[Including cost estimate of the Congressional Budget Office]
The Committee on Environment and Public Works, to which was
referred a bill (S. 2018) 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 do pass.
General Statement and Backround
The Long Island Sound Restoration and Stewardship Act
reauthorizes the Long Island Sound Restoration Act (33 U.S.C.
1269) and Long Island Sound Stewardship Act (33 U.S.C. 1269
note; Public Law 109-359), including extending the Long Island
Sound Grants and Long Island Sound Stewardship grants from 2012
until 2016.
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 (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.
S. 2018 was introduced by Senators Gillibrand, Schumer,
Lieberman, and Blumenthal on December 16, 2011 to provide
continued support to the efforts of New York, Connecticut, and
various other federal, state and local agencies and
organizations dedicated to restoring Long Island Sound.
The bill modifies the Long Island Sound authorization to
require the Study to engage in increased public education and
awareness of the health and water quality of the Sound. The
bill also includes a number of requirements to increase the
oversight and accountability of the programs, including
biennial reporting requirements and an annual budget plan from
the President. In addition, the bill increases coordination
among the numerous agencies operating in and around the Sound.
Objectives of the Legislation
The Long Island Sound Restoration and Stewardship Act
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 adds new reporting requirements and
budgeting requirements to increase accountability.
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 to direct the Long Island
Sound Office (Office) to assist the Study with implementation
of the Comprehensive Conservation and Management Plan (Plan)
through the assessment of vulnerabilities in the watershed,
development and implementation of adaptation strategies to
reduce vulnerabilities, and identification and assessment of
impacts of sea level rise on water quality, habitat, and
infrastructure in the Long Island Sound. This section also
directs the Office to support planning efforts in the Long
Island Sound.
Section 2 directs the Office to assist with public
awareness and education on ecological health and water quality
conditions monitoring the progress toward meeting the
identified goals, actions, and schedules of the Plan.
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 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 2016, 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 2016.
Section 3 also reauthorizes the Long Island Sound
Stewardship Grants at $25 million each year through 2016. These
authorizations maintain the current authorized levels each year
for an additional 5 years.
Legislative History
Senator Kirsten E. Gillibrand introduced the Long Island
Sound Restoration and Stewardship Act, which was co-sponsored
by Senators Schumer, Lieberman, and Blumenthal, on December 16,
2011. The bill was received, read twice and referred to the
Committee on Environment and Public Works.
On June 21, 2012, the Full Committee met to consider a
number of bills including S. 2018. During this meeting, the
Committee considered S. 2018 and the bill was ordered to be
reported favorably by voice vote.
Hearings
In the 111th Congress, 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. 2018 on June 21, 2012. The bill was ordered to be
reported favorably 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. 2018
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. 2018 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.''
June 28, 2012.
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. 2018, 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. 2018--Long Island Sound Restoration and Stewardship Act
Summary: S. 2018 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 $254
million over the 2013-2017 period.
This legislation would authorize the appropriation of $40
million annually over the 2013-2016 period for EPA to implement
the Long Island Sound comprehensive conservation and management
plan. S. 2018 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 to procure and enhance
sites within the Long Island Sound ecosystem, and to cover
administrative costs. (Such grants are referred to in the bill
as Long Island Sound Stewardship grants.)
In addition, this legislation would extend the authority to
appropriate funding through 2016 for EPA to operate the Office
of the Management Conference of the Long Island Sound Study.
Pay-as-you-go procedures do not apply to S. 2018 because it
would not affect direct spending or revenues.
S. 2018 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. 2018 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--
----------------------------------------------
2013 2014 2015 2016 2017 2013-2017
----------------------------------------------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Grants to Support Long Island Sound Comprehensive Conservation
and Management Plan:
Authorization Level.......................................... 40 40 40 40 0 160
Estimated Outlays............................................ 18 34 40 40 22 154
Long Island Sound Stewardship Grants:
Authorization Level.......................................... 25 25 25 25 0 100
Estimated Outlays............................................ 11 21 25 25 14 96
Office of the Management Conference of the Long Island Sound
Study:
Estimated Authorization Level................................ 1 1 1 1 0 4
Estimated Outlays............................................ 1 1 1 1 0 4
Total Changes:
Estimated Authorization Level........................ 66 66 66 66 0 264
Estimated Outlays.................................... 30 56 66 66 36 254
----------------------------------------------------------------------------------------------------------------
Basis of estimate: For this estimate, CBO assumes that S.
2018 will be enacted near the beginning of fiscal year 2013,
that the specified and necessary amounts will be appropriated
in each year starting in 2013, and that outlays will follow
historical spending patterns for the existing programs. In
addition, CBO estimates that about $4 million would be needed
over the next four 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. 2018
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: Melissa
Merrell; Impact on the Private Sector: Amy Petz.
Estimate approved by: Theresa Gullo, 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:
* * * * * * *
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
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 changing temperatures and
sea levels 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--]
(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
(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
* * * * * * *
(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.
* * * * * * *
PUBLIC LAW 109-359
This Act may be cited as the ``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) In general.-- * * *
* * * * * * *
(g) Termination of Advisory Committee.--The Advisory
Committee shall terminate on December 31, [2011] 2016.
(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 Administrator shall publish and make
available to the public on the Internet and in paper form--
(1) not later than 1 year after the date of enactment
of this Act, a report that--
(A) * * *
* * * * * * *
(b) Advisory Committee.--
(1) Report.--For each of fiscal years 2007 through
[2011] 2016, 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.