II 

Calendar No. 575 

111TH CONGRESS 

2D SESSION S. 3119 

[Report No. 111–298] 

To amend and reauthorize certain provisions relating to Long Island Sound 

restoration and stewardship. 

IN THE SENATE OF THE UNITED STATES 

MARCH 16, 2010 

Mrs. GILLIBRAND (for herself, Mr. LIEBERMAN, Mr. DODD, and Mr. SCHUMER) introduced the following bill; which was read twice and referred to 

the Committee on Environment and Public Works 

SEPTEMBER 20, 2010 

Reported by Mrs. BOXER, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL 

To amend and reauthorize certain provisions relating to Long 

Island Sound restoration and stewardship. 

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 and Stewardship Act’’. 


srobinson on DSKHWCL6B1PROD with BILLS
2 

•S 3119 RS

1 SEC. 2. AMENDMENTS. 

2 (a) LONG ISLAND SOUND RESTORATION PRO3 GRAM.— 

4 (1) IN GENERAL.—Section 119 of the Federal 

5 Water Pollution Control Act (33 U.S.C. 1269) is 

6 amended— 

7 (A) in subsection (c)(4), by inserting ‘‘co8 operate and’’ before ‘‘coordinate’’; and 

9 (B) by striking subsection (f). 

10 (2) EFFECTIVE DATE.—The amendments made 

11 by paragraph (1) takes effect on October 1, 2010. 

12 (b) LONG ISLAND SOUND STEWARDSHIP PRO13 GRAM.— 

14 (1) LONG ISLAND SOUND STEWARDSHIP ADVI15 SORY COMMITTEE.—Section 8 of the Long Island 

16 Sound Stewardship Act of 2006 (33 U.S.C. 1269 

17 note; Public Law 109–359) is amended— 

18 (A) in subsection (g), by striking ‘‘2011’’ 

19 and inserting ‘‘2015’’; and 

20 (B) by adding at the end the following: 

21 ‘‘(h) NONAPPLICABILITY OF FACA.—The Federal 

22 Advisory Committee Act (5 U.S.C. App.) shall not apply 

23 to— 

24 ‘‘(1) the Advisory Committee; or 

25 ‘‘(2) any board, committee, or other group es26 tablished under this Act.’’. 


srobinson on DSKHWCL6B1PROD with BILLS
3 

•S 3119 RS

1 (2) REPORTS.—Section 9(b)(1) of the Long Is2 land Sound Stewardship Act of 2006 (33 U.S.C. 

3 1269 note; Public Law 109–359) is amended in the 

4 matter preceding subparagraph (A) by striking 

5 ‘‘2011’’ and inserting ‘‘2015’’. 

6 (3) AUTHORIZATION.—Section 11 of the Long 

7 Island Sound Stewardship Act of 2006 (33 U.S.C. 

8 1269 note; Public Law 109–359) is amended— 

9 (A) by striking subsection (a); 

10 (B) by redesignating subsections (b) 

11 through (d) as subsections (a) through (c), re12 spectively; and 

13 (C) in subsection (a) (as so redesignated), 

14 by striking ‘‘under this section each’’ and in15 serting ‘‘to carry out this Act for a’’. 

16 (4) EFFECTIVE DATE.—The amendments made 

17 by this subsection take effect on October 1, 2010. 

18 SEC. 3. REAUTHORIZATION. 

19 (a) IN GENERAL.—There are authorized to be appro20 priated to the Administrator of the Environmental Protec21 tion Agency such sums as are necessary for each of fiscal 

22 years 2011 through 2015 for the implementation of— 

23 (1) section 119 of the Federal Water Pollution 

24 Control Act (33 U.S.C. 1269), other than subsection 

25 (d) of that section; and 


srobinson on DSKHWCL6B1PROD with BILLS
4 

•S 3119 RS

1 (2) the Long Island Sound Stewardship Act of 

2 2006 (33 U.S.C. 1269 note; Public Law 109–359). 

3 (b) LONG ISLAND SOUND GRANTS.—There is author4 ized to be appropriated to the Administrator of the Envi5 ronmental Protection Agency to carry out subsection (d) 

6 of section 119 of the Federal Water Pollution Control Act 

7 (33 U.S.C. 1269) $65,000,000 for each of fiscal years 

8 2011 through 2015. 

9 (c) REPORTS.—For each of fiscal years 2011 through 

10 2015, the Administrator of the Environmental Protection 

11 Agency shall submit to Congress a report describing— 

12 (1) the amounts used during the fiscal year to 

13 carry out each of— 

14 (A) section 119 of the Federal Water Pol15 lution Control Act (33 U.S.C. 1269), other than 

16 subsection (d) of that section; and 

17 (B) the Long Island Sound Stewardship 

18 Act of 2006 (33 U.S.C. 1269 note; Public Law 

19 109–359); and 

20 (2) the method used by the Administrator to al21 locate the amounts made available under this section 

22 between that section (33 U.S.C. 1269) and that Act 

23 (33 U.S.C. 1269 note; Public Law 109–359) for the 

24 fiscal year. 


srobinson on DSKHWCL6B1PROD with BILLS
5 

•S 3119 RS

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Long Island Sound Res3 toration and Stewardship Act’’. 

4 SEC. 2. AMENDMENTS. 

5 (a) LONG ISLAND SOUND RESTORATION PROGRAM.— 

6 (1) IN GENERAL.—Section 119 of the Federal 

7 Water Pollution Control Act (33 U.S.C. 1269) is 

8 amended— 

9 (A) in subsection (b), by striking the sub10 section designation and heading and all that fol11 lows through ‘‘The Office shall’’ and inserting the 

12 following: 

13 ‘‘(b) OFFICE.— 

14 ‘‘(1) ESTABLISHMENT.—The Administrator 

15 shall— 

16 ‘‘(A) continue to carry out the conference 

17 study; and 

18 ‘‘(B) establish an office, to be located on or 

19 near Long Island Sound. 

20 ‘‘(2) ADMINISTRATION AND STAFFING.—The Of21 fice shall’’; 

22 (B) in subsection (c)— 

23 (i) in the matter preceding paragraph 

24 (1), by striking ‘‘Management Conference of 

25 the Long Island Sound Study’’ and insert26 ing ‘‘conference study’’; 


srobinson on DSKHWCL6B1PROD with BILLS
6 

•S 3119 RS

1 (ii) in paragraph (2)— 

2 (I) in each of subparagraphs (A) 

3 through (G), by striking the commas at 

4 the end of the subparagraphs and in5 serting semicolons; 

6 (II) in subparagraph (H), by 

7 striking ‘‘, and’’ and inserting a semi8 colon; 

9 (III) in subparagraph (I), by 

10 striking the period at the end and in11 serting a semicolon; and 

12 (IV) by adding at the end the fol13 lowing: 

14 ‘‘(J) the impacts of climate change on the 

15 Long Island Sound watershed, including— 

16 ‘‘(i) the identification and assessment 

17 of vulnerabilities in the watershed; 

18 ‘‘(ii) the development and implementa19 tion of adaptation strategies to reduce those 

20 vulnerabilities; and 

21 ‘‘(iii) the identification and assessment 

22 of the impacts of sea level rise on water 

23 quality, habitat, and infrastructure in Long 

24 Island Sound; and 


srobinson on DSKHWCL6B1PROD with BILLS
7 

•S 3119 RS

1 ‘‘(K) planning initiatives for Long Island 

2 Sound that identify the areas that are most suit3 able for various types or classes of activities in 

4 order to reduce conflicts among uses, reduce envi5 ronmental impacts, facilitate compatible uses, or 

6 preserve critical ecosystem services to meet eco7 nomic, environmental, security, or social objec8 tives;’’; 

9 (iii) by striking paragraph (4) and in10 serting the following: 

11 ‘‘(4) develop and implement strategies to increase 

12 public education and awareness with respect to the ec13 ological health and water quality conditions of Long 

14 Island Sound;’’; 

15 (iv) in paragraph (5), by inserting 

16 ‘‘study’’ after ‘‘conference’’; 

17 (v) in paragraph (6)— 

18 (I) by inserting ‘‘(including on 

19 the Internet)’’ after ‘‘the public’’; and 

20 (II) by inserting ‘‘study’’ after 

21 ‘‘conference’’; and 

22 (vi) by striking paragraph (7) and in23 serting the following: 

24 ‘‘(7) monitor the progress made toward meeting 

25 the identified goals, actions, and schedules of the 


srobinson on DSKHWCL6B1PROD with BILLS
8 

•S 3119 RS

1 Comprehensive Conservation and Management Plan, 

2 including through the implementation and support of 

3 a monitoring system for the ecological health and 

4 water quality conditions of Long Island Sound; and’’; 

5 (C) in subsection (d)(3), in the second sen6 tence, by striking ‘‘50 per centum’’ and inserting 

7 ‘‘60 percent’’; 

8 (D) by redesignating subsection (f) as sub9 section (i); and 

10 (E) by inserting after subsection (e) the fol11 lowing: 

12 ‘‘(f) REPORT.— 

13 ‘‘(1) IN GENERAL.—Not later than 2 years after 

14 the date of enactment of the Long Island Sound Res15 toration and Stewardship Act, and biennially there16 after, the Director of the Office, in consultation with 

17 the Governor of each Long Island Sound State, shall 

18 submit to Congress a report that— 

19 ‘‘(A) summarizes and assesses the progress 

20 made by the Office and the Long Island Sound 

21 States in implementing the Long Island Sound 

22 Comprehensive Conservation and Management 

23 Plan, including an assessment of the progress 

24 made toward meeting the performance goals and 

25 milestones contained in the Plan; 


srobinson on DSKHWCL6B1PROD with BILLS
9 

•S 3119 RS

1 ‘‘(B) assesses the key ecological attributes 

2 that reflect the health of the ecosystem of the 

3 Long Island Sound watershed; 

4 ‘‘(C) describes any substantive modifica5 tions to the Long Island Sound Comprehensive 

6 Conservation and Management Plan made dur7 ing the 2-year period preceding the date of sub8 mission of the report; 

9 ‘‘(D) provides specific recommendations to 

10 improve progress in restoring and protecting the 

11 Long Island Sound watershed, including, as ap12 propriate, proposed modifications to the Long Is13 land Sound Comprehensive Conservation and 

14 Management Plan; 

15 ‘‘(E) identifies priority actions for imple16 mentation of the Long Island Sound Comprehen17 sive Conservation and Management Plan for the 

18 2-year period following the date of submission of 

19 the report; and 

20 ‘‘(F) describes the means by which Federal 

21 funding and actions will be coordinated with the 

22 actions of the Long Island Sound States and 

23 other entities. 


srobinson on DSKHWCL6B1PROD with BILLS
10 

•S 3119 RS

1 ‘‘(2) PUBLIC AVAILABILITY.—The Administrator 

2 shall make the report described in paragraph (1) 

3 available to the public, including on the Internet. 

4 ‘‘(g) ANNUAL BUDGET PLAN.—The President shall 

5 submit, together with the annual budget of the United 

6 States Government submitted under section 1105(a) of title 

7 31, United States Code, information regarding each Federal 

8 department and agency involved in the protection and res9 toration of the Long Island Sound watershed, including— 

10 ‘‘(1) an interagency crosscut budget that displays 

11 for each department and agency— 

12 ‘‘(A) the amount obligated during the pre13 ceding fiscal year for protection and restoration 

14 projects and studies relating to the watershed; 

15 ‘‘(B) the estimated budget for the current 

16 fiscal year for protection and restoration projects 

17 and studies relating to the watershed; and 

18 ‘‘(C) the proposed budget for succeeding fis19 cal years for protection and restoration projects 

20 and studies relating to the watershed; and 

21 ‘‘(2) a summary of any proposed modifications 

22 to the Long Island Sound Comprehensive Conserva23 tion and Management Plan for the following fiscal 

24 year. 

25 ‘‘(h) FEDERAL ENTITIES.— 


srobinson on DSKHWCL6B1PROD with BILLS
11 

•S 3119 RS

1 ‘‘(1) COORDINATION.—The Administrator shall 

2 coordinate the actions of all Federal departments and 

3 agencies that impact water quality in the Long Is4 land Sound watershed in order to improve the water 

5 quality and living resources of the watershed. 

6 ‘‘(2) METHODS.—In carrying out this section, 

7 the Administrator, acting through the Director of the 

8 Office, may— 

9 ‘‘(A) enter into interagency agreements; and 

10 ‘‘(B) make intergovernmental personnel ap11 pointments. 

12 ‘‘(3) FEDERAL PARTICIPATION IN WATERSHED

13 PLANNING.—A Federal department or agency that 

14 owns or occupies real property, or carries out activi15 ties, within the Long Island Sound watershed shall 

16 participate in regional and subwatershed planning, 

17 protection, and restoration activities with respect to 

18 the watershed. 

19 ‘‘(4) CONSISTENCY WITH COMPREHENSIVE CON20 SERVATION AND MANAGEMENT PLAN.—To the max21 imum extent practicable, the head of each Federal de22 partment and agency that owns or occupies real 

23 property, or carries out activities, within the Long Is24 land Sound watershed shall ensure that the property 

25 and all activities carried out by the department or 


srobinson on DSKHWCL6B1PROD with BILLS
12 

•S 3119 RS

1 agency are consistent with the Long Island Sound 

2 Comprehensive Conservation and Management Plan 

3 (including any related subsequent agreements and 

4 plans).’’. 

5 (b) LONG ISLAND SOUND STEWARDSHIP PROGRAM.— 

6 (1) LONG ISLAND SOUND STEWARDSHIP ADVI7 SORY COMMITTEE.—Section 8 of the Long Island 

8 Sound Stewardship Act of 2006 (33 U.S.C. 1269 note; 

9 Public Law 109–359) is amended— 

10 (A) in subsection (g), by striking ‘‘2011’’ 

11 and inserting ‘‘2015’’; and 

12 (B) by adding at the end the following: 

13 ‘‘(h) NONAPPLICABILITY OF FACA.—The Federal Ad14 visory Committee Act (5 U.S.C. App.) shall not apply to— 

15 ‘‘(1) the Advisory Committee; or 

16 ‘‘(2) any board, committee, or other group estab17 lished under this Act.’’. 

18 (2) REPORTS.—Section 9(b)(1) of the Long Is19 land Sound Stewardship Act of 2006 (33 U.S.C. 1269 

20 note; Public Law 109–359) is amended in the matter 

21 preceding subparagraph (A) by striking ‘‘2011’’ and 

22 inserting ‘‘2015’’. 

23 (3) AUTHORIZATION.—Section 11 of the Long Is24 land Sound Stewardship Act of 2006 (33 U.S.C. 1269 

25 note; Public Law 109–359) is amended— 


srobinson on DSKHWCL6B1PROD with BILLS
13 

•S 3119 RS

1 (A) by striking subsection (a); 

2 (B) by redesignating subsections (b) through 

3 (d) as subsections (a) through (c), respectively; 

4 and 

5 (C) in subsection (a) (as so redesignated), 

6 by striking ‘‘under this section each’’ and insert7 ing ‘‘to carry out this Act for a’’. 

8 (4) EFFECTIVE DATE.—The amendments made 

9 by this subsection take effect on October 1, 2010. 

10 SEC. 3. REAUTHORIZATION. 

11 (a) IN GENERAL.—There are authorized to be appro12 priated to the Administrator of the Environmental Protec13 tion Agency such sums as are necessary for each of fiscal 

14 years 2011 through 2015 for the implementation of— 

15 (1) section 119 of the Federal Water Pollution 

16 Control Act (33 U.S.C. 1269), other than subsection 

17 (d) of that section; and 

18 (2) the Long Island Sound Stewardship Act of 

19 2006 (33 U.S.C. 1269 note; Public Law 109–359). 

20 (b) LONG ISLAND SOUND GRANTS.—There is author21 ized to be appropriated to the Administrator of the Envi22 ronmental Protection Agency to carry out subsection (d) of 

23 section 119 of the Federal Water Pollution Control Act (33 

24 U.S.C. 1269) $40,000,000 for each of fiscal years 2011 

25 through 2015. 


srobinson on DSKHWCL6B1PROD with BILLS
14 

•S 3119 RS

1 (c) LONG ISLAND SOUND STEWARDSHIP GRANTS.— 

2 There is authorized to be appropriated to the Administrator 

3 of the Environmental Protection Agency to carry out the 

4 Long Island Sound Stewardship Act of 2006 (33 U.S.C. 

5 1269 note; Public Law 109–359) $25,000,000 for each of 

6 fiscal years 2011 through 2015. 

7 SEC. 4. NUTRIENT BIOEXTRACTION PILOT PROJECT. 

8 (a) DEFINITION OF NUTRIENT BIOEXTRACTION.—In 

9 this section, the term ‘‘nutrient bioextraction’’ means an en10 vironmental management strategy under which nutrients 

11 are removed from an aquatic ecosystem through the harvest 

12 of enhanced biological production, including the aqua13 culture of suspension-feeding shellfish or algae. 

14 (b) PILOT PROJECT.—Not later than 2 years after the 

15 date of enactment of this Act, the Administrator of the En16 vironmental Protection Agency shall carry out a pilot 

17 project to demonstrate the efficacy of nutrient bioextraction 

18 for the removal of nitrogen and phosphorous from the wa19 ters of the Long Island Sound watershed. 

20 (c) REPORT.—Not later than 5 years after the date of 

21 enactment of this Act, the Administrator shall submit to 

22 Congress a report describing the results of the pilot project 

23 under this section. 


srobinson on DSKHWCL6B1PROD with BILLS
15 

•S 3119 RS

1 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 

2 authorized to be appropriated to carry out this section 

3 $1,000,000. 


srobinson on DSKHWCL6B1PROD with BILLS
Calendar No. 575 

111TH CONGRESS 

2D SESSION S. 3119 

[Report No. 111–298] 

A BILL 

To amend and reauthorize certain provisions relatardship. ing to Long Island Sound restoration and stewSEPTEMBER 20, 2010 

Reported with an amendment 


srobinson on DSKHWCL6B1PROD with BILLS