‘‘(3) FEDERAL PARTICIPATION IN WATERSHED 
PLANNING.—A Federal agency that owns or occupies 
real property, or carries out activities, within the 
Long Island Sound watershed shall participate in re-
gional and subwatershed planning, protection, and 
restoration activities with respect to the watershed. 
‘‘(4) CONSISTENCY WITH COMPREHENSIVE CON-
SERVATION AND MANAGEMENT PLAN.— 
‘‘(A) IN GENERAL.—To the maximum ex-
tent practicable, the head of each Federal agen-
cy that owns or occupies real property, or car-
ries out activities, within the Long Island 
Sound watershed shall ensure that the property, 
the actions taken by the agency with respect to 
the property, and the activities of the agency 
are consistent with the Long Island Sound 
Comprehensive Conservation and Management 
Plan, and any related subsequent agreements 
and plans. 
‘‘(B) FORESTED
LANDS
AND
RIPARIAN 
HABITAT.—Not later than 2 years after the 
date of enactment of the Long Island Sound 
Improvement Act Amendments of 2011, the 
Administrator shall coordinate with the head of 
each Federal agency that owns or occupies real 
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property within the Long Island Sound water-
shed to develop and implement— 
‘‘(i) a plan to maximize, to the extent 
practicable, forest cover and riparian habi-
tat on the property; and 
‘‘(ii) a plan for reforestation and ri-
parian habitat recovery, if necessary, on 
the property. 
‘‘(C) STORMWATER
MANAGEMENT
PRAC-
TICES.—Not later than 2 years after the date 
of enactment of the Long Island Sound Im-
provement Act Amendments of 2011, the Ad-
ministrator shall coordinate with the head of 
each Federal agency that owns or occupies real 
property within the Long Island Sound water-
shed to develop and implement a plan to mini-
mize or eliminate the discharge of stormwater 
from the property.’’. 
(e) TRADING PROGRAM.—Section 119 of such Act (as 
amended by this section) is further amended by inserting 
after subsection (g) the following: 
‘‘(h) TRADING PROGRAM.— 
‘‘(1) 
ESTABLISHMENT.—The 
Administrator 
shall, in consultation with the Governor of each 
Long Island Sound State— 
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‘‘(A) not later than September 30, 2012, 
publish a proposal for a voluntary interstate ni-
trogen trading program with respect to Long 
Island Sound that includes the generation, trad-
ing, and use of nitrogen credits to facilitate the 
attainment and maintenance of the Long Island 
Sound TMDL; and 
‘‘(B) not later than March 1, 2013, estab-
lish a voluntary interstate nitrogen trading pro-
gram with respect to Long Island Sound that 
includes the generation, trading, and use of ni-
trogen credits to facilitate the attainment and 
maintenance of the Long Island Sound TMDL. 
‘‘(2) REQUIREMENTS.—The trading program 
established under paragraph (1) shall, at a min-
imum— 
‘‘(A) establish procedures or standards for 
certifying, verifying, and enforcing nitrogen 
credits to ensure that credit-generating prac-
tices from both point sources and nonpoint 
sources are achieving actual reductions in nitro-
gen; and 
‘‘(B) establish procedures or standards for 
providing public transparency with respect to 
trading activity.’’. 
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(f) ANNUAL PRIORITY LIST.—Section 119 of such 
Act (as amended by this section) is further amended by 
inserting after subsection (h) the following: 
‘‘(i) ANNUAL PRIORITY LIST.— 
‘‘(1) IN GENERAL.—Not later than one year 
after the date of enactment of the Long Island 
Sound Improvement Act Amendments of 2011, and 
annually thereafter, the Director of the Office, in 
consultation with the Governor of each Long Island 
Sound State, shall compile, after providing notice, a 
list identifying and prioritizing the activities, 
projects, programs, and studies intended to be fund-
ed with amounts made available for grants under 
subsection (j) during the succeeding fiscal year. 
‘‘(2) LIST
COMPONENTS.—The list compiled 
under paragraph (1) shall include— 
‘‘(A) a specification, in order of priority, of 
activities, projects, programs, and studies that 
will assist in meeting the goals and objectives of 
the Long Island Sound Comprehensive Con-
servation and Management Plan; 
‘‘(B) information on the activities, projects, 
programs, and studies specified in subpara-
graph (A), including the potential terms of fi-
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nancial assistance and communities to be 
served; and 
‘‘(C) the criteria and methods established 
by the Director of the Office, in consultation 
with the Governor of each Long Island Sound 
State, for selecting activities, projects, pro-
grams, and studies for grants under subsection 
(j). 
‘‘(3) APPROVAL OF LIST.— 
‘‘(A) SUBMISSION.—Not later than 15 
days after compiling a list under paragraph (1), 
the Director of the Office shall submit the list 
to the Administrator for approval. 
‘‘(B) APPROVAL.—The Administrator shall 
approve or disapprove a list submitted under 
subparagraph (A) based on a determination of 
whether the activities, projects, programs, and 
studies specified in the list are consistent with 
the goals and objectives of the Long Island 
Sound Comprehensive Conservation and Man-
agement Plan. 
‘‘(C) EFFECT
OF
DISAPPROVAL.—If the 
Administrator disapproves a list submitted 
under subparagraph (A), the Administrator 
shall provide the Director of the Office, in writ-
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ing, a notification of and basis for the dis-
approval and shall allow the Director of the Of-
fice the opportunity for resubmission. 
‘‘(D) FAILURE OF ADMINISTRATOR TO RE-
SPOND.—If the Administrator has not re-
sponded in writing to a list submitted under 
subparagraph (A) by the date that is 90 days 
after the date of the submission, the list shall 
be considered to be approved. 
‘‘(4) FAILURE TO COMPILE LIST.—If the Direc-
tor of the Office does not compile a list under para-
graph (1) with respect to a fiscal year, the Adminis-
trator shall compile the list for that fiscal year, 
which— 
‘‘(A) shall include a specification, in order 
of priority, of activities, projects, programs, and 
studies that will assist in meeting the goals and 
objectives of the Long Island Sound Com-
prehensive Conservation and Management Plan; 
and 
‘‘(B) may include any activities, projects, 
programs, and studies from previous lists com-
piled under paragraph (1) and approved under 
paragraph (3) that have not yet been funded 
with a grant under subsection (j).’’. 
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(g) GRANTS.—Section 119(j) of such Act (as redesig-
nated by subsection (b)(1) of this section) is amended— 
(1) by striking paragraph (2) and inserting the 
following: 
‘‘(2) ELIGIBILITY.— 
‘‘(A) IN GENERAL.—Except as provided in sub-
paragraph (B), the Administrator is authorized to 
make grants under this subsection to State, inter-
state, and regional water pollution control agencies 
and other public and nonprofit private agencies, in-
stitutions, and organizations. 
‘‘(B) CONSTRUCTION OF TREATMENT WORKS.— 
‘‘(i) IN GENERAL.—The Administrator is 
authorized to make a grant under this sub-
section for the construction of a publicly owned 
treatment works within a Long Island Sound 
State solely— 
‘‘(I) to a municipal, intermunicipal, 
State, or interstate agency; and 
‘‘(II) if the State in which the recipi-
ent agency is located has established, or 
the Administrator has established for the 
State, allocations for discharges within the 
State in a Long Island Sound TMDL. 
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‘‘(ii) MINIMUM FUNDING.—To the extent 
practicable, the Administrator shall make 
grants to agencies under this subparagraph in 
a manner that ensures that each Long Island 
Sound State receives each fiscal year not less 
than 5 percent of the total amount made avail-
able in grants under this subparagraph in that 
fiscal year.’’; and 
(2) in paragraph (3) by inserting after the first 
sentence the following: ‘‘Grants to construct a mu-
nicipal separate storm sewer system made under this 
subsection to a municipality that is subject to a re-
gional permit issued under subsection (d)(2) shall 
not exceed 65 percent of the costs of the construc-
tion.’’. 
(h) AUTHORIZATION OF APPROPRIATIONS.—Section 
119(l) of such Act (as redesignated by subsection (b)(1) 
of this section) is amended to read as follows: 
‘‘(l) AUTHORIZATION OF APPROPRIATIONS.— 
‘‘(1) IN GENERAL.—There is authorized to be 
appropriated to carry out this section, other than 
subsection (j), such sums as may be necessary for 
each of fiscal years 2012 through 2016. 
‘‘(2) RELATIONSHIP TO OTHER FUNDING.—For 
each fiscal year, the amount the Management Con-
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ference of the Long Island Sound Study is eligible 
to receive in grants under section 320 shall be re-
duced by an amount equal to the amount the Man-
agement Conference receives in grants under this 
section. 
‘‘(3) GRANTS.—There is authorized to be ap-
propriated to carry out subsection (j)— 
‘‘(A) for grants to construct publicly owned 
treatment works, including municipal separate 
storm sewer systems (which may utilize low im-
pact development technologies or approaches or 
utilize methods to address combined sewer over-
flows)— 
‘‘(i) $125,000,000 for fiscal year 
2012; and 
‘‘(ii) $250,000,000 for each of fiscal 
years 2013 through 2016; and 
‘‘(B) for grants other than grants de-
scribed under subparagraph (A) $40,000,000 
for each of fiscal years 2012 through 2016.’’. 
(i) DEFINITIONS.—Section 119 of such Act (as 
amended by this section) is further amended by adding 
at the end the following: 
‘‘(m) DEFINITIONS.—In this section, the following 
definitions apply: 
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‘‘(1) LONG ISLAND SOUND STATE.—The term 
‘Long Island Sound State’ means each of the States 
of Connecticut, Massachusetts, New Hampshire, 
New York, Rhode Island, and Vermont. 
‘‘(2) LONG ISLAND SOUND TMDL.—The term 
‘Long Island Sound TMDL’ means a total maximum 
daily load established or approved by the Adminis-
trator to achieve water quality standards in the wa-
ters of Long Island Sound under section 303(d). 
‘‘(3) LONG ISLAND SOUND WATERSHED.—The 
term ‘Long Island Sound watershed’ means Long Is-
land Sound and the area consisting of the drainage 
basin leading into Long Island Sound, including— 
‘‘(A) the Connecticut River and its tribu-
taries; 
‘‘(B) the Housatonic River and its tribu-
taries; 
‘‘(C) the Thames River and its tributaries; 
‘‘(D) the Pawcatuck River and its tribu-
taries; and 
‘‘(E) all other tributaries in the States of 
Connecticut and New York that drain into 
Long Island Sound. 
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‘‘(4) URBANIZED AREA.—The term ‘urbanized 
area’ has the meaning given that term by the Bu-
reau of the Census.’’. 
SEC. 3. NUTRIENT BIOEXTRACTION PILOT PROJECT. 
(a) IN GENERAL.—Not later than 2 years after the 
date of enactment of this Act, the Administrator of the 
Environmental Protection Agency shall carry out a pilot 
project to demonstrate the efficacy of nutrient bioextrac-
tion for the removal of nitrogen and phosphorous from the 
waters of the Long Island Sound watershed. 
(b) REPORT TO CONGRESS.—Not later than 5 years 
after the date of enactment of this Act, the Administrator 
shall submit to Congress a report on the results of the 
pilot project described in subsection (a). 
(c) DEFINITION.—In this section, the term ‘‘nutrient 
bioextraction’’ means an environmental management 
strategy by which nutrients are removed from an aquatic 
ecosystem through the harvest of enhanced biological pro-
duction, including the aquaculture of suspension-feeding 
shellfish or algae. 
(d) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to carry out this section 
$1,000,000. 
Æ 
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