[Senate Report 115-72]
[From the U.S. Government Publishing Office]
Calendar No. 90
115th Congress } { Report
SENATE
1st Session } { 115-72
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LONG ISLAND SOUND RESTORATION AND STEWARDSHIP ACT
_______
May 17, 2017.--Ordered to be printed
_______
Mr. Barrasso, from the Committee on Environment and
Public Works, submitted the following
R E P O R T
[To accompany S. 675]
[Including cost estimate of the Congressional Budget Office]
The Committee on Environment and Public Works, to which was
referred the bill (S. 675) to amend and reauthorize certain
provisions relating to Long Island Sound restoration and
stewardship, having considered the same, reports favorably
thereon without amendment and recommends that the bill do pass.
General Statement and Background
The Long Island Sound Restoration and Stewardship Act
reauthorizes EPA's Long Island Sound Program (section 119 of
the Clean Water Act) and the Long Island Stewardship Act (33
U.S.C. 1269 note; Public Law 109-359), until fiscal year 2023.
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.
Objectives of the Legislation
The objective of the legislation is to reauthorize the Long
Island Sound Restoration Act and the Long Island Stewardship
Act.
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(a) amends section 119(c) of the Clean Water Act
to add to the responsibilities of the Long Island Sound office
to include studies of environmental impacts on the Long Island
Sound watershed, planning initiatives for the Long Island
Sound, development and implementation of public education
strategies, and monitoring.
It amends section 119(d) to increase the federal share of
grants under that section from 50% to 60%.
Finally, it adds three new subsections to section 119. New
subsection (f) requires biennial reports to Congress outlining
progress in carrying out the Plan and progress to meeting the
goals contained in the Plan. New subsection (g) requires the
President to submit an annual crosscut budget on Long Island
Sound funding. New subsection (h) 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(b) amends the Long Island Sound Stewardship Act
of 2006 (33 U.S.C. 1269 note; Public law 109-359) to extend the
authorization through 2023, and to exempt 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(a) extends the authorization of such sums as may
be necessary through 2023 for EPA to implement section 119 of
the Clean Water Act and authorizes such sums for EPA to
implement the Long Island Stewardship Act.
Section 3(b) extends the authorization of appropriations
for grants under section 119(d) of the Clean Water Act from
2018 through 2023 at current authorization levels ($40 million
a year).
Section 3(c) extends the authorization of appropriations
for EPA to carry out the Long Island Sound Stewardship Act from
2018 through 2023 at current authorization levels ($25 million
a year).
Legislative History
Multiple almost identical bills have been reported
favorably by voice vote. On February 24, 2016, the Committee
reported S. 1674, on February 6, 2014, the Committee reported
S. 1080, on June 21, 2012, the Committee reported S. 2018, and
on June 30, 2010, the Committee reported S. 3119. S. 1676 also
was included last Congress in the Water Resources Development
Act of 2016, S. 2848. S. 2848 was reported by the Committee on
June 20, 2016. S. 2848 passed the Senate on September 15, 2016
by a vote of 95 to 3.
On March 21, 2017, Senator Gillibrand once again introduced
the Long Island Sound Restoration and Stewardship Act. The bill
was referred to the Committee on Environment and Public Works.
On April 5, 2017, the Committee considered S. 675 and the bill
was ordered to be reported favorably by voice vote, without
amendment.
Hearings
On March 28, 2017, Committee on Environment and Public
Works Subcommittee on Fisheries, Water, and Wildlife held a
legislative hearing to review S. 518, the ``Small and Rural
Community Clean Water Technical Assistance Act,'' S. 692, the
``Water Infrastructure Flexibility Act of 2017,'' and S. 675,
the ``Long Island Sound Restoration and Stewardship Act'', and
hear from interested stakeholders.
Rollcall Votes
The Committee on Environment and Public Works met to
consider S. 675 on April 5, 2017. The bill was ordered
favorably reported by voice vote. No rollcall votes were taken.
Regulatory Impact Statement
In compliance with section 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee finds that S. 675
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 notes that the Congressional
Budget Office found that S. 675 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.
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:
April 19, 2017.
Hon. John Barrasso,
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. 675, 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 Jon G. Sperl.
Sincerely,
Keith Hall.
Enclosure.
S. 675--Long Island Sound Restoration and Stewardship Act
Summary: S. 675 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, to
develop conservation strategies, and to increase public
education about the watershed. In addition, the bill would
authorize appropriations through 2023 for activities related to
those purposes and for the EPA to operate the Office of the
Management Conference of the Long Island Sound Study.
Assuming appropriation of the specified and estimated
amounts, CBO estimates that implementing this legislation would
cost $274 million over the 2017-2022 period.
Enacting S. 675 would not affect direct spending or
revenues; therefore, pay-as-you-go procedures do not apply. CBO
estimates that enacting S. 675 would not increase net direct
spending or on-budget deficits in any of the four consecutive
10-year periods beginning in 2028.
S. 675 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. 675 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--
----------------------------------------------------------------------
2017 2018 2019 2020 2021 2022 2017-2022
----------------------------------------------------------------------------------------------------------------
INCREASES IN SPENDING SUBJECT TO APPROPRIATION
Conservation and Management Plan:
Authorization Level.................. 0 40 40 40 40 40 200
Estimated Outlays.................... 0 9 34 40 40 40 163
Long Island Sound Stewardship Grants:
Authorization Level.................. 0 25 25 25 25 25 125
Estimated Outlays.................... 0 10 21 25 25 25 106
Office of the Management Conference of
the Long Island Sound Study:
Estimated Authorization Level........ 0 1 1 1 1 1 5
Estimated Outlays.................... 0 1 1 1 1 1 5
Total Changes:
Estimated Authorization Level.... 0 66 66 66 66 66 330
Estimated Outlays................ 0 20 56 66 66 66 274
----------------------------------------------------------------------------------------------------------------
Basis of estimate: For this estimate, CBO assumes that S.
675 will be enacted by the end of fiscal year 2017, that the
specified and estimated amounts will be appropriated each year,
and that outlays will follow historical spending patterns for
the existing programs. A full-year appropriation for the EPA
has not yet been enacted for 2017, however, the Long Island
Sound program run by the agency received appropriations of
about $4 million on an annualized basis for 2017 to carry out
some of the activities, including making grants for
conservation and research projects, that would be authorized by
S. 675. Specifically, the bill would:
Authorize the appropriation of $40 million
annually over the 2018-2023 period for the EPA to make
grants for conservation and research projects as part
of implementing a comprehensive conservation and
management plan for the Long Island Sound, and for
administrative costs;
Authorize the appropriation of $25 million
annually over that same period for the EPA to provide
grants to state and local governments, nonprofit
organizations, and private landowners to procure and
enhance ecologically important sites within the Long
Island Sound watershed, and for administrative costs;
and
Authorize the appropriation of whatever sums
are necessary for the EPA to operate the Office of the
Management Conference of the Long Island Sound Study,
which CBO estimates would cost about $5 million over
the 2018-2022 period.
Pay-As-You-Go considerations: None.
Increase in long-term deficit and direct spending: CBO
estimates that enacting S. 675 would not increase net direct
spending or on-budget deficits in any of the four consecutive
10-year periods beginning in 2028.
Intergovernmental and private-sector impact: S. 675
contains no intergovernmental or private-sector mandates as
defined in UMRA and would benefit state and local governments,
as well as public institutions of higher education, by
authorizing grants for environmental projects in the Long
Island Sound. Any costs incurred by those entities, including
matching contributions, would be incurred voluntarily.
Estimate prepared by: Federal costs: Jon G. Sperl; Impact
on state, local, and tribal governments: Jon G. Sperl; Impact
on the private sector: Amy Petz.
Estimate approved by: H. Samuel Papenfuss, 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. 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) environmental impacts 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; 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 adverse 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
(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] 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
[33 U.S.C. 1269; PUBLIC LAW 109-359--OCT. 16, 2006]
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 COMMITTEE. <>
(a)* * *
* * * * * * *
(g) Termination of Advisory Committee.--The Advisory
Committee shall terminate on December 31, [2011] 2023.
(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)* * *
* * * * * * *
(b) Advisory Committee.--
(1) Report.--For each of fiscal years 2007 through
[2011] 2023, 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.
* * * * * * *
[all]