69–010 

Calendar No. 90 

115TH CONGRESS REPORT " ! SENATE 1st Session 115–72 

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. 

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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 

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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 

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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 onbudget 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 landVerDate Sep 11 2014 06:57 May 18, 2017 Jkt 069010 PO 00000 Frm 00004 Fmt 6659 Sfmt 6602 E:\HR\OC\SR072.XXX SR072
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owners 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 onbudget 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 øblack 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. 

ø(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. 

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(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 

øManagement 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 facilitiesø,¿ ; 

(B) the use of biological methods for nutrient removal in 

sewage treatment plantsø,¿ ; 

(C) contaminated sediments, and dredging activitiesø,¿ ; 

(D) nonpoint source pollution abatement and land use 

activities in the Long Island Sound watershedø,¿ ; 

(E) wetland protection and restorationø,¿ ; 

(F) atmospheric deposition of acidic and other pollutants 

into Long Island Soundø,¿ ; 

(G) water quality requirements to sustain fish, shellfish, 

and wildlife populations, and the use of indicator species 

to assess environmental qualityø,¿ ; 

(H) State water quality programs, for their adequacy 

pursuant to implementation of the Comprehensive Conservation and Management Planø, and¿ ; 

(I) options for long-term financing of wastewater treatment projects and water pollution control programsø.¿ ; 

(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; 

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(3) coordinate the grant, research and planning programs authorized under this section; 

ø(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; 

ø(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— 

ø(A) summarizes the progress made by the States in implementing the Comprehensive Conservation and Management Plan; 

ø(B) summarizes any modifications to the Comprehensive Conservation and Management Plan in the twelvemonth period immediately preceding such report; and 

ø(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 ø50 

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. 

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(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; 

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(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). 

ø(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. <<NOTE: 33 USC 1330 note.>> 

(a) Findings.—Congress finds that— 

(1)* * * 

* * * * * * * 

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SEC. 8. LONG ISLAND SOUND STEWARDSHIP ADVISORY COMMITTEE. 

<<NOTE: 33 USC 1330 note.>> 

(a)* * * 

* * * * * * * 

(g) Termination of Advisory Committee.—The Advisory Committee shall terminate on December 31, ø2011¿ 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 <<NOTE: 33 USC 1330 note. 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 ø2011¿ 

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. <<NOTE: 33 USC 1330 note.>> AUTHORIZATION OF APPROPRIATIONS. 

ø(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— 

ø(1) acquisition of land and interests in land; 

ø(2) development and implementation of site management 

plans; 

ø(3) site enhancements to reduce threats or promote stewardship; and 

ø(4) administrative expenses of the Advisory Committee and 

the Administrator.¿ 

ø(b)¿ (a) Use of Funds.—Amounts made available to the Administrator øunder 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. 

ø(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. 

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ø(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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