39–010 

Calendar No. 421 

113TH CONGRESS REPORT " ! SENATE 2d Session 113–190 

LONG ISLAND SOUND RESTORATION AND STEWARDSHIP 

ACT 

JUNE 5, 2014.—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. 1080] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Environment and Public Works, to which was 

referred the bill (S. 1080) 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 BACKROUND

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), including extending the Long Island Sound Grants and 

Long Island Sound Stewardship grants from 2014 until 2018. 

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. 


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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 percent 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. 1080 was introduced by Senators Gillibrand, Schumer, and 

Murphy on May 23, 2013 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 U.S.C. 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. 


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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 2018, 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 2018. 

Section 3 also reauthorizes the Long Island Sound Stewardship 

Grants at $25 million each year through 2018. 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 and Murphy, on May 23, 2013. The bill was received, read twice and referred to the Committee on Environment 

and Public Works. 

On February 6, 2014, the Full Committee met to consider a number of bills including S. 1080. During this meeting, the Committee 

considered S. 1080 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. 


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ROLLCALL VOTES

The Committee on Environment and Public Works met to consider S. 1080 February 6, 2014. 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. 1080 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. 1080 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.’’ 

CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

U.S. CONGRESS, 

CONGRESSIONAL BUDGET OFFICE, 

Washington, DC, February 19, 2014. 

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. 1080, 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. 1080—Long Island Sound Restoration and Stewardship Act 

Summary: S. 108 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 2015– 

2019 period. 

This legislation would authorize the appropriation of $40 million 

annually over the 2015–2018 period for EPA to implement the 

Long Island Sound comprehensive conservation and management 

plan. S. 1080 also would authorize the appropriation of $25 million 

annually over that same period for EPA to provide grants to state 

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.) 


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In addition, this legislation would extend through 2018 the authority to appropriate funding 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. 1080 because it 

would not affect direct spending or revenues. 

S. 1080 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. 1080 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— 

2015 2016 2017 2018 2019 2015– 

2019 

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. 1080 

will be enacted by the end of fiscal year 2014, that the specified 

and necessary amounts will be appropriated in each year starting 

in 2015, and that outlays will follow historical spending patterns 

for the existing programs. In addition to the amounts specifically 

authorized by the bill, CBO estimates that about $4 million would 

be needed over the 2015–2018 period 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. 1080 contains no 

intergovernmental or private-sector mandates as defined in UMRA 

and would impose no costs on state, local, or tribal governments. 

Estimate prepared by: Federal Costs: Susanne S. Mehlman; Impact on State, Local, and Tribal Governments: Mike Hirsch; 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 øblack brackets¿, new matter is printed in italic, existing 

law in which no change is proposed is shown in roman: 


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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. 

(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,¿ ; 


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(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 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; 

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 implementaVerDate Mar 15 2010 02:39 Jun 08, 2014 Jkt 039010 PO 00000 Frm 00007 Fmt 6659 Sfmt 6602 E:\HR\OC\SR190.XXX SR190

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tion and support of a monitoring system for the ecological 

health and water quality conditions of Long Island Sound; and 

* * * * * * * 

(d) GRANTS.—(1) The Administrator is authorized to make grants 

for projects and studies which will help implement the Long Island 

Sound Comprehensive Conservation and Management Plan. Special emphasis shall be given to implementation, research and planning, enforcement, and citizen involvement and education. 

(2) State, interstate, and regional water pollution control agencies, and other public or nonprofit private agencies, institutions, 

and organizations held to be eligible for grants pursuant to this 

subsection. 

(3) Citizen involvement and citizen education grants under this 

subsection shall not exceed 95 per centum of the costs of such 

work. All other grants under this subsection shall not exceed 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. 

(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 


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(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). 

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. 


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(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—OCT 16, 20006, 120 STAT. 2049] 

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, ø2011¿ 2018. 

(h) NONAPPLICABILITY OF FACA.—The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to— 

(1) the Advisory Committee; or 

(2) any board, committee, or other group established under 

this Act. 

SEC. 9. REPORTS. 

(a) ADMINISTRATOR.—The Public 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 ø2011¿ 

2018, 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. 

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 recVerDate Mar 15 2010 02:39 Jun 08, 2014 Jkt 039010 PO 00000 Frm 00010 Fmt 6659 Sfmt 6602 E:\HR\OC\SR190.XXX SR190

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ommendations 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. 

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. 

* * * * * * * 

Æ 


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