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103D CONGRESS

1ST SESSION H. R. 1035

To authorize the Administrator of the Environmental Protection Agency to

make grants to the States of New York and Connecticut for the purpose

of demonstrating methods of improving water quality in Long Island

Sound.

IN THE HOUSE OF REPRESENTATIVES

FEBRUARY 23, 1993

Mr. ACKERMAN (for himself, Mr. SHAYS, Mr. HOCHBRUECKNER, Mr. GEJDENSON, Mrs. LOWEY, Mr. ENGEL, Ms. DELAURO, Mrs. KENNELLY, Mr.

KING, Mr. MANTON, Mr. SCHUMER, Mr. TOWNS) introduced the following bill; which was referred jointly to the Committees on Public Works

and Transportation and Merchant Marine and Fisheries

A BILL

To authorize the Administrator of the Environmental Protection Agency to make grants to the States of New York

and Connecticut for the purpose of demonstrating methods of improving water quality in Long Island Sound.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Long Island Sound

5 Restoration Act’’.
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1 SEC. 2. LONG ISLAND SOUND DEMONSTRATION PROGRAM.

2 (a) IN GENERAL.—The Administrator shall carry out

3 a demonstration program under which the Administrator

4 may make grants on an annual basis to the States of New

5 York and Connecticut in accordance with this section.

6 (b) PURPOSES.—The Administrator shall carry out

7 the program under subsection (a)—

8 (1) to demonstrate methods of restoring and

9 maintaining the water quality of designated bays

10 and harbors of Long Island Sound at which water

11 quality standards adopted pursuant to section 303

12 of the Federal Water Pollution Control Act have not

13 been achieved or at which other significant water

14 quality degradation has occurred;

15 (2) to demonstrate the importance of control16 ling nonpoint sources of pollution in restoring and

17 maintaining water quality;

18 (3) to enhance opportunities for water-depend19 ent recreational activities, maintain a healthy eco20 system, protect and enhance marine life, minimize

21 health risks associated with human consumption of

22 shellfish and finfish, and ensure that social and eco23 nomic benefits to the general public associated with

24 Long Island Sound are advanced; and

25 (4) to advance goals and recommendations con26 tained in the Comprehensive Conservation and Man-
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1 agement Plan of the Long Island Sound Study de2 veloped pursuant to section 320 of the Federal

3 Water Pollution Control Act.

4 (c) DESIGNATION OF BAYS AND HARBORS.—

5 (1) IN GENERAL.—In order to be eligible to re6 ceive grants under subsection (a), the States of New

7 York and Connecticut shall each designate in accord8 ance with paragraphs (2) and (3) bays and harbors

9 of Long Island Sound at which the State plans to

10 carry out eligible activities with amounts of such

11 grants and transmit such designations to the Admin12 istrator.

13 (2) DESIGNATIONS BY STATE OF NEW YORK.—

14 The State of New York shall designate pursuant to

15 paragraph (1) one bay or harbor in each of the fol16 lowing 4 political subdivisions of the State of New

17 York: Westchester County, Nassau County, Suffolk

18 County, and New York City.

19 (3) DESIGNATIONS BY STATE OF CONNECTI20 CUT.—The State of Connecticut shall designate pur21 suant to paragraph (1) one bay or harbor in 2 of the

22 following 4 political subdivisions of the State of Con23 necticut: Fairfield County, New Haven County, Mid24 dlesex County, and New London County.
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1 (4) PARTICIPATION OF MANAGEMENT COMMIT2 TEE.—The States of New York and Connecticut

3 shall each make designations pursuant to paragraph

4 (1) in cooperation with the Management Committee

5 of the Long Island Sound Study established pursu6 ant to section 320 of the Federal Water Pollution

7 Control Act.

8 (5) PARTICIPATION OF NEW YORK CITY.—The

9 State of New York shall designate a bay or harbor

10 in New York City pursuant to paragraph (1) in co11 operation with the Mayor of New York City (or the

12 designee of the Mayor).

13 (d) TERMS AND CONDITIONS.—The Administrator

14 may make a grant to a State under subsection (a) only

15 if the State enters into an agreement with the Adminis16 trator which contains the following terms and conditions

17 for receipt of the grant:

18 (1) USE OF GRANT.—Except as provided in

19 paragraph (3), all amounts of the grant shall be

20 used by the State—

21 (A) to carry out eligible activities and a

22 monitoring program pursuant to paragraph (4)

23 at bays and harbors designated by the State

24 pursuant to subsection (c); and
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1 (B) to educate the public, in coordination

2 with the office established pursuant to section

3 119 of the Federal Water Pollution Control

4 Act, on the implementation and results of such

5 eligible activities.

6 (2) DISTRIBUTION OF GRANTS AMOUNTS.—

7 Equal amounts of the grant shall be used by the

8 State for conducting eligible activities at each bay

9 and harbor designated pursuant to subsection (c).

10 (3) ADMINISTRATIVE EXPENSES.—Not to ex11 ceed 1.5 percent of the amount of the grant may be

12 used by the State for staff salaries and other admin13 istrative expenses incurred by the State in carrying

14 out activities with the grant.

15 (4) MONITORING.—The State shall design and

16 carry out a program for monitoring water quality at

17 bays and harbors designated pursuant to paragraph

18 (c) in order to determine the effectiveness of eligible

19 activities being conducted by the State using

20 amounts of the grant. Activities under such program

21 shall be reviewed and evaluated by the Long Island

22 Sound Study Scientific and Technical Advisory Com23 mittee and by the Long Island Sound Monitoring

24 Work Group.
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1 (5) REPORTING.—The State shall comply with

2 reporting requirements contained in subsection (f).

3 (e) DISTRIBUTION OF GRANTS.—The Administrator

shall use 2 4 ⁄3 of the amounts appropriated in a fiscal year

5 to carry out this Act for making grants to the State of

New York under subsection (a) and 1 6 ⁄3 of such amounts

7 for making grants to the State of Connecticut under sub8 section (a).

9 (f) REPORTS.—

10 (1) REPORTS TO THE ADMINISTRATOR.—A

11 State receiving a grant under subsection (a) shall

12 transmit to the Administrator, not later than 18

13 months after the date of receipt of the grant and bi14 ennially thereafter for the term of the program

15 under subsection (a), a report on eligible activities

16 carried out by the State using amounts of the grant

17 and on the results of the monitoring program car18 ried out by the State pursuant to subsection (d)(4),

19 including a summary of evaluations conducted pur20 suant to subsection (d)(4). Any such report may be

21 transmitted as part of a report submitted by the

22 State pursuant to section 320(h) of the Federal

23 Water Pollution Control Act.

24 (2) REPORT TO CONGRESS.—On or before the

25 last day of the 5th fiscal year beginning after the
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1 date of the enactment of this Act, the Administrator

2 shall transmit to Congress a report on the results of

3 the program conducted under subsection (a), to4 gether with an analysis on the extent to which the

5 purposes described in subsection (b)(3) have been

6 realized and recommendations for appropriate ad7 ministrative and legislative actions.

8 (g) NON-FEDERAL SHARE.—The non-Federal share

9 of the cost of activities carried out with amounts from

10 grants under subsection (a) in a fiscal year shall be 30

11 percent. One-sixth of such non-Federal share shall be pro12 vided by sources in the locality in which such activities

13 are carried out.

14 (h) DEFINITIONS.—For the purposes of this Act, the

15 following definitions apply:

16 (1) ADMINISTRATOR.—The term ‘‘Adminis17 trator’’ means the Administrator of the Environ18 mental Protection Agency.

19 (2) ELIGIBLE ACTIVITY.—The term ‘‘eligible

20 activity’’ means an activity conducted for the pur21 pose of addressing one or more of the following

22 problems:

23 (A) POLLUTANTS FROM NONPOINT

24 SOURCES.—Urban and suburban runoff of pol25 lutants into Long Island Sound from forestry,
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1 agriculture, and other land uses. Such pollut2 ants include sediments associated with logging,

3 pesticides, fertilizers, animal waste, litter, over4 flows from failing septic systems, leaching of

5 contaminants from landfills, and discharges

6 from coastal development and construction

7 sites.

8 (B) WASTE FROM RECREATIONAL

9 BOATS.—The discharge of waste into Long Is10 land Sound from recreational boats and the

11 leaching of antifouling paints.

12 (C) POLLUTANTS CARRIED BY RIVERS.—

13 Pollutants which are carried by rivers into Long

14 Island Sound.

15 (D) AIRBORNE POLLUTANTS.—Airborne

16 pollutants which are emitted and attached to or

17 absorbed by moisture and particles in the envi18 ronment and which enter Long Island Sound.

19 (E) WETLANDS DEGRADATION.—The dete20 rioration of tidal wetlands of Long Island

21 Sound from their natural state and the adverse

22 effects of such deterioration on near-shore habi23 tat.

24 (F) POLLUTANTS FROM POINT SOURCES.—

25 Pollutants discharged into Long Island Sound
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1 from a discharge pipe, sewage treatment plant,

2 or industrial facility.

3 (i) AUTHORIZATION OF APPROPRIATIONS.—There is

4 authorized to be appropriated to carry out this Act

5 $50,000,000 per fiscal year for each of the first 5 fiscal

6 years beginning after the date of the enactment of this

7 Act.

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