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[Senate Report 115-72]
[From the U.S. Government Publishing Office]

                                                       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.

                      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.

           *       *       *       *       *       *       *

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