Text: S.1722 — 101st Congress (1989-1990)All Information (Except Text)

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Introduced in Senate

 
 
S 1722 IS
101st CONGRESS
1st Session
S. 1722
To establish in the Environmental Protection Agency a Long Island Sound
Office, and for other purposes.
IN THE SENATE OF THE UNITED STATES
October 3 (legislative day, SEPTEMBER 18), 1989
Mr. LIEBERMAN (for himself, Mr. MOYNIHAN, Mr. DODD, and Mr. D'AMATO)
introduced the following bill; which was read twice and referred to the
Committee on Environment and Public Works
A BILL
To establish in the Environmental Protection Agency a Long Island Sound
Office, and for other purposes.
  Be it enacted by the Senate and House of Representatives of the United
  States of America in Congress assembled,
SECTION 1. SHORT TITLE.
  This Act may be cited as the `Long Island Sound Improvement Act of 1989'.
SEC. 2. EXTENSION OF MANAGEMENT CONFERENCE FOR LONG ISLAND SOUND.
  (a) EXTENSION OF MANAGEMENT CONFERENCE- Notwithstanding section 320(e)
  of the Federal Water Pollution Control Act (commonly referred to as the
  `Clean Water Act') (33 U.S.C. 1330(e)), the Administrator shall extend the
  management conference of the Long Island Sound conducted under such section
  after the date of termination of the initial period of such management
  conference for a period of time from the date of such termination until
  September 30, 1998, for the purposes indicated under section 320(b)
  of such Act (33 U.S.C. 1330(b)), making modifications to the management
  plan developed under such section 320(b), and for any additional purposes
  described in this Act.
SEC. 3. POLICY COMMITTEE OF THE MANAGEMENT CONFERENCE FOR LONG ISLAND SOUND.
  (a) POLICY COMMITTEE- There shall be established within the management
  conference a Policy Committee (hereafter in this section referred to as the
  `Committee').
  (b) MEMBERS-
  (1) COMPOSITION- The members of such Committee shall include the following:
  (A) The Director of each regional office of the Agency that has jurisdiction
  in Long Island Sound, or a senior official representing the interests of
  such Director.
  (B) The Commissioner of the New York State Department of Environmental
  Conservation, or a senior official representing the interests of such
  Commissioner.
  (C) The Commissioner of the Connecticut Department of Environmental
  Protection, or a senior official representing the interests of such
  Commissioner.
  (c) FUNCTIONS OF THE COMMITTEE- The Committee shall--
  (1) carry out the same policy-making responsibilities that the Policy
  Committee appointed under the Long Island Sound Study (authorized under
  section 320 of the Federal Water Pollution Control Act, commonly referred
  to as the `Clean Water Act') conducted immediately preceding the date of
  enactment of this subsection; and
  (2) advise and inform the management conference concerning the operation
  of the Long Island Sound Office established under section 4 of this Act.
SEC. 4. LONG ISLAND SOUND OFFICE.
  Title I of the Federal Water Pollution Control Act (commonly referred to
  as the `Clean Water Act') (33 U.S.C. 1251 et seq.) is amended by adding
  at the end the following new section:
`SEC. 119. LONG ISLAND SOUND OFFICE.
  `(a) FINDINGS, PURPOSES, AND DEFINITIONS.
  `(1) FINDINGS- The Congress finds that--
  `(A) 10 percent of the population of the United States resides within 50
  miles of the Long Island Sound;
  `(B) under the National Estuary Program, the Environmental Protection Agency
  has designated the Long Island Sound as an estuary of national significance;
  `(C) the Long Island Sound Study, conducted under the National Estuary
  Program, is scheduled for completion in less than 2 years;
  `(D) such study will produce a conservation and management plan for Long
  Island Sound;
  `(E) because Long Island Sound borders 2 States and falls into 2 regions of
  the Environmental Protection Agency, there is a need for a formal mechanism
  of cooperation and coordination in the implementation of such conservation
  and management plan; and
  `(F) there is also a need to coordinate State and Federal efforts to prepare
  for future demands placed on the Long Island Sound by the surrounding
  population.
  `(2) PURPOSES- The purposes of this section are--
  `(A) to continue, after the completion of the Long Island Sound Study
  conservation and management plan--
  `(i) the balance of cooperation and coordination that the management
  conference of the Long Island Sound Study presently encourages between
  the States and Agency regional offices, and
  `(ii) the participation of such management conference in the implementation
  of the conservation and management plan; and
  `(B) to continue the Long Island Sound Study to address, at the time of the
  implementation of the conservation and management plan, the `unfinished
  agenda' of the Long Island Sound Study, and initiate and complete new
  studies to be used to update, modify, and refine the conservation and
  management plan.
  `(3) DEFINITIONS- For purposes of this section, the term--
  `(A) `Administrator' means the Administrator of the Environmental Protection
  Agency;
  `(B) `Agency' means the Environmental Protection Agency;
  `(C) `conservation and management plan' means the comprehensive conservation
  and management plan developed by the Long Island Sound Study under section
  320 of this Act;
  `(D) `Long Island Sound Study' means the study of Long Island Sound conducted
  under section 320 of this Act for the purposes of producing the comprehensive
  conservation and management plan required under such section 320;
  `(E) `management conference' means the management conference convened under
  section 320 of this Act for the purposes of producing the conservation
  and management plan, and for other purposes described in subsection (b)
  of such section 320; and
  `(F) `oil' means petroleum, including crude oil and any fraction or
  residue therefrom.
  `(b) LONG ISLAND SOUND OFFICE-
  `(1) ESTABLISHMENT OF OFFICE- There is established in the Agency a Long
  Island Sound Office (hereinafter referred to as the `Office').
  `(2) LOCATION OF OFFICE FACILITIES- The Office shall be located in the
  vicinity of Long Island Sound, at a location selected by the Administrator,
  acting through the Director, as follows:
  `(A) such Office shall initially be located in either the State of
  Connecticut or New York; and
  `(B) not less than once every 5 years thereafter, such Office shall be
  relocated to the State described in subparagraph (A) in which such office
  in not initially located under such subparagraph.
  `(d) ADMINISTRATION AND STAFFING OF OFFICE-
  `(1) OFFICE DIRECTOR- The Office shall be headed by a Director, who shall
  be appointed by the Administrator, from among the employees of the Agency
  who are in the civil service. The Administrator shall detail such employee
  of the Agency to serve as the Director. The Administrator shall delegate
  to the Director such authority as may be necessary to carry out the duties
  of the Director under this section.
  `(2) OFFICE STAFF- The Administrator shall detail not less than 3 full-time
  employees of the Agency to serve as administrative staff personnel to the
  Office for the purpose of assisting the Director. Upon the request of the
  Director, the head of the following Federal departments or agencies, and the
  head of any other Federal department or agency which the Director determines
  to be appropriate, shall detail, without reimbursement by the Agency, an
  employee who shall serve full time at the Office as a liaison to the Agency:
  `(A) the United States Fish and Wildlife Service in the Department of
  the Interior;
  `(B) the National Oceanic and Atmospheric Administration in the Department
  of Commerce;
  `(C) the United States Army Corps of Engineers in the Department of the Army;
  `(D) the United States Coast Guard in the Department of Transportation; and
  `(E) the Department of Agriculture.
The Administrator may authorize the Director to hire additional staff if
sufficient funds are available to fund such additional positions. To the extent
allowable by law, and with the authorization of the Administrator, acting
through the Director, the head of a State agency participating in the Long
Island Sound Study may make available to the Office, without reimbursement to
such State agency, the assistance of any of the personnel of such State agency.
  `(e) DUTIES OF THE DIRECTOR- The Director shall--
  `(1) oversee, assist and support, to the extent allowable by law, the
  implementation and enforcement of the conservation and management plan
  for Long Island Sound developed under the Long Island Sound Study;
  `(2) solicit information from the Long Island Sound Advisory Committee
  described in subsection (k) concerning enforcement priorities for the
  implementation of the conservation and management plan;
  `(3) oversee the grant, research and planning programs authorized under
  this section;
  `(4) on the basis of the information that the Director is required to
  request and collect under subsection (k), make recommendations to the heads
  of the regional offices of the Agency that have jurisdiction in Long Island
  Sound concerning enforcement activities to ensure the implementation of
  the conservation and management plan developed under the Long Island Sound
  Study; and
  `(5) provide administrative support to the management conference.
  `(f) LONG ISLAND SOUND OFFICE ADVISORY COMMITTEE-
  `(1) ESTABLISHMENT OF COMMITTEE- There is established in the Long Island
  Sound Office a Long Island Sound Office Advisory Committee (hereafter in
  this section referred to as the `Committee').
  `(2) MEMBERSHIP- The Administrator, acting through the Director, shall
  initially appoint to the Committee the members of the Policy Committee of
  the management conference, established under section 3 of the Long Island
  Sound Improvement Act of 1989. A vacancy on the Committee shall be filled
  in the same manner as in which the initial appointment was made.
  `(3) FUNCTIONS OF THE COMMITTEE- The Committee shall assist the Director
  by developing goals, conducting research and planning activities, reviewing
  work plans for approval, and overseeing projects related to the development,
  implementation, and enforcement of the conservation and management plan.
  `(g) INFORMATIONAL LEGISLATIVE MEETINGS- The Director shall, through the
  Committee, convene conferences 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 conservation
  and management plan.
  `(h) INFORMATION AND ASSISTANCE-
  `(1) COLLECTION AND DISTRIBUTION- The Director shall collect and make
  available to the public publications and other forms of information that
  the Director determines to be appropriate, relating to the environmental
  quality of the Long Island Sound.
  `(2) ASSISTANCE TO CITIZENS ADVISORY COMMITTEE- The Director may, upon
  a determination by the Director of the appropriateness of providing such
  assistance, provide technical assistance and the use of Agency facilities
  to the Citizens Advisory Committee of the Long Island Sound Study.
  `(i) COORDINATION OF AGENCY PROGRAMS- The Director shall maintain, with the
  consent of such individuals, for purposes of coordinating activities relating
  to environmental restoration and the implementation of the conservation
  and management plan conducted through the Committee, and maximizing the
  availability of programs and resources which may serve such purposes, a
  continuing liaison with the heads of the following agencies or departments
  for the following purposes:
  `(1) The United States Fish and Wildlife Service, for purposes of
  coordinating potential land acquisitions and wildlife refuge management
  activities.
  `(2) The National Oceanic and Atmospheric Administration, for purposes
  of continuing and coordinating systems modeling of the Long Island Sound
  Study and activities under the National Undersea Research Program.
  `(3) The United States Army Corps of Engineers, for purposes of coordinating
  activities relating to dredging and filling in Long Island Sound, including
  activities relating to the permit program under section 404 of this Act,
  and activities relating to the control of floatable pollutants.
  `(4) The United States Department of Agriculture, for purposes of
  coordinating educational and other programs for farmers relating to nonpoint
  source pollution.
  `(5) The United States Coast Guard, for purposes of coordinating oil spill
  contingency plans and other contingency plans for spills of toxic substances.
In coordinating agency and departmental programs under this section, the
Director shall encourage the heads of such agencies and departments, to the
extent permitted by law, to provide funding for the purpose of conducting
such programs and activities.
  `(j) OIL SPILL CONTINGENCY PLANS-
  `(1) STUDY AND REPORT- The Director, acting through the Committee, shall
  not more than 180 days after the date of the enactment of this section,
  conduct a study and issue a report to the appropriate committees of the
  Congress for public distribution which--
  `(A) describes in detail preparedness in the public and private sectors
  for oil spills in the vicinity of Long Island Sound;
  `(B) incorporates recommendations, in addition to those supplied by the
  Agency, concerning the incorporation of any oil spill contingency plans
  for oil spills in Long Island Sound that the Director shall solicit,
  to the extent permitted by law, from the following departments or agencies:
  `(i) the United States Coast Guard,
  `(ii) the New York Department of Environmental Conservation,
  `(iii) the Connecticut Department of Environmental Protection, and
  `(iv) any other department or agency that the Director determines to be
  appropriate; and
  `(C) includes suggestions for improving any oil spill contingency plan
  prepared by a department or agency described in clauses (i) through (iv)
  of subparagraph (B).
  `(2) PROHIBITION CONCERNING DUPLICATIVE STUDIES- Notwithstanding paragraph
  (1), if the Director makes a determination that--
  `(A) a comparable study exists for the determination of information required
  in the study under paragraph (1); and
  `(B) such comparable study adequately addresses the information required
  for the study under paragraph (1),
the Director shall not duplicate such study in the preparation of the study
and report required under paragraph (1), but shall incorporate the results
of such comparable study into the report required under paragraph (1).
  `(k) ENFORCEMENT AND COMPLIANCE- Not more than 180 days after the date of
  the enactment of this section, and four times each calendar year thereafter,
  the Director shall solicit from the head of each regional office of the
  Agency that has jurisdiction in Long Island Sound a quarterly report
  outlining enforcement issues relating to the environmental restoration,
  conservation, and management of Long Island Sound. The Director shall provide
  the Committee with a copy of each such report. The Director shall designate
  a staff member of the Long Island Sound Office as an Office Director for
  Enforcement Evaluation. The Office Director for Enforcement Evaluation shall
  brief the Director concerning such enforcement issues, and assist in the
  coordination of enforcement activities with other departments and agencies.
  `(l) CITIZEN INVOLVEMENT AND EDUCATION, ENFORCEMENT, AND RESEARCH AND
  PLANNING GRANTS-
  `(1) CITIZEN INVOLVEMENT AND EDUCATION GRANTS- The Administrator, acting
  through the Director, and in consultation with the Committee, may make
  Citizen Involvement and Education Grants from the Long Island Sound Fund,
  established under section 5 of the Long Island Sound Improvement Act of
  1989, to citizen organizations and to governments of political subdivisions
  of States for the purposes of funding--
  `(A) activities related to the environmental cleanup and monitoring of
  Long Island Sound; and
  `(B) educational programs to encourage the environmental restoration of
  Long Island Sound.
  `(2) ENFORCEMENT GRANTS- The Administrator, acting through the Director,
  and in consultation with the Committee, may make Enforcement Grants from
  the Long Island Sound Fund, established under section 5 of the Long Island
  Sound Improvement Act of 1989, to States for the purpose of funding--
  `(A) supplemental personnel responsible for conducting enforcement activities
  related to the environmental restoration, conservation, and management of
  Long Island Sound; and
  `(B) special enforcement needs related to environmental restoration,
  conservation, and management activities of Long Island Sound, including
  improving computer access to enhance enforcement activities.
  `(3) RESEARCH AND PLANNING GRANTS- The Administrator, acting through the
  Director, and in consultation with the Committee, may make Research and
  Planning Grants from the Long Island Sound Fund, established under section
  5 of the Long Island Sound Improvement Act of 1989, to fund any research
  or planning activity described in subsection (l).
  `(4) GRANT REQUIREMENTS- The Administrator, acting through the Director, may,
  by regulation, prescribe eligibility requirements, and other requirements
  that the Administrator determines to be appropriate, for grants under
  paragraphs (1) through (4).
  `(5) REPORTS- Any entity that receives a grant under this subsection shall,
  within 18 months after the date of receipt of such grant and biennially
  thereafter, report to the Administrator, the Director, and the Committee
  on the progress made in carrying out the objectives of such grant. The
  Administrator, acting through the Director shall transmit each such
  report along with the comments of the Administrator, the Director, and
  the Committee, to the Congress.
  `(m) IMPLEMENTATION GRANTS-
  `(1) IMPLEMENTATION GRANTS- The Administrator, acting through the Director,
  shall at the request of the Governor of a State affected by the conservation
  and management plan (hereinafter in this subsection referred to as the
  `plan') make a grant from the fund established in section 5 of the Long
  Island Sound Improvement Act of 1989 (hereafter in this paragraph referred
  to as the `fund') for the purpose of implementing the management mechanisms
  contained in the plan if such State has within l year after the date of the
  completion of the Long Island Sound Study approved and committed to implement
  all or substantially all aspects of the plan that apply to such State.
  `(2) APPLICATION PROCESS FOR IMPLEMENTATION GRANT- A State or combination
  of States may apply for a grant under paragraph (1) by submitting to
  the Administrator acting through the Director, a comprehensive proposal
  to implement management mechanisms contained in the plan. Such proposal
  shall include--
  `(A) a description of proposed abatement actions which the State or
  combination of States shall take within a specified period of time to reduce
  pollution in the Sound and to meet applicable water quality standards; and
  `(B) the estimated cost of the abatement actions proposed to be taken
  during the fiscal year immediately following the date of such application,
  including the portion to be funded by such proposed grant.
 If the Administrator, acting through the Director, and in consultation with
 the Committee, finds that such proposal is consistent with the national
 policies set forth in section 101(a) of this Act and shall contribute
 to the achievement of the national goals set forth in such section, the
 Administrator, acting through the Director, and consultation with the
 Committee, shall approve such proposal and shall finance the costs of
 implementing segments of such proposal.
  `(3) FEDERAL SHARE- Grants under this paragraph from the fund shall not
  exceed 50 percent of the costs of implementing the management mechanisms
  contained in the plan in any fiscal year and shall be made on condition
  that non-Federal sources provide the remainder of the cost of implementing
  the management mechanisms contained in the plan during such fiscal year.
  `(4) ADMINISTRATIVE COSTS- Administrative costs in the form of salaries,
  overhead, or indirect costs for services provided and charged against
  programs or projects supported by funds made available under this subsection
  shall not exceed in any fiscal year 10 percent of the annual Federal grant
  made to a State under this subsection.
  `(5) REPORTS- Any State or combination of States that receives a grant
  under this subsection shall, within 18 months after the date of receipt
  of such grant and biennially thereafter, report to the Administrator,
  the Director, and the Committee on the progress made in implementing the
  plan. The Administrator, acting through the Director shall transmit each
  such report along with the comments of the Administrator, the Director,
  and the Committee, to the Congress.
  `(6) GRANT REQUIREMENTS- The Administrator, acting through the Director,
  and in consultation with the Committee, may, by regulation, prescribe
  eligibility requirements, and other requirements that the Administrator
  determines to be appropriate, for grants under this subsection.
  `(n) SOURCE REDUCTION GRANTS- The Administrator shall consult with Director
  and the Committee in making grants through the Office of Pollution Prevention
  in the Agency for onsite reduction of pollution sources .
  `(o) RESEARCH AND PLANNING STUDIES AND REPORTS-
  `(1) IN GENERAL- The Director, acting through the Committee, shall, not
  later than 90 days after the issuance of the final report of the Long
  Island Sound Study, and as determined by the Director, in consultation
  with the Committee thereafter, establish a schedule for the initiation
  of the studies described in this subsection. Upon completion of any study
  described in this subsection, within a reasonable amount of time thereafter,
  the Director shall prepare a report which outlines recommendations by
  the Director and the Committee concerning the subject of such study in
  accordance with the requirements under paragraph (5).
  `(2) EXEMPTIONS- If the Director determines that the subject of a study
  described in this subsection is adequately researched and discussed in
  the final report of the Long Island Sound Study or in another study or
  report, the Director shall not be required to conduct such a study under
  this subsection.
  `(3) STUDIES- The Director shall, acting through the Committee, conduct
  the following studies:
  `(A) an examination of the `unfinished agenda' described in the final
  report by the Management Committee of Long Island Sound;
  `(B) a 20-year growth assessment of the adequacy of wastewater treatment
  facilities serving Long Island Sound with respect to estimated increases
  in population and usage of such facilities;
  `(C) a survey of public access issues relating to Long Island Sound,
  including an examination of--
  `(i) the possible role of the United States Fish and Wildlife Service of
  the Department of the Interior in making recommendations for the purchase
  of lands for public use,
  `(ii) the role of governments of political subdivisions of States in making
  land acquisitions, and
  `(iii) the relationship of public access issues to recreational use of
  land on Long Island Sound;
  `(D) the development of a map describing public access on Long Island Sound,
  and proposals from the survey under subparagraph (C);
  `(E) An examination of the problem of contaminated sediments in Long
  Island Sound;
  `(F) an examination of dredging activities in the vicinity of Long Island
  Sound, including--
  `(i) an examination of the issues related to participation in the permit
  program under section 404 of this Act,
  `(ii) proposals for cleaning up dredge dumping sites, and
  `(iii) the development of a plan for siting dredge dumping sites which
  includes the consideration of the use of landfills, deep ocean dumping,
  and other alternatives to dredge dumping practices in use on the date of
  enactment of this section;
  `(G) an examination of nonpoint source pollution in the vicinity of Long
  Island Sound, including--
  `(i) an examination of the participation of States which form the watershed
  for Long Island Sound (which includes land in Connecticut, Massachusetts,
  New Hampshire, New York, and Vermont) in nonpoint source pollution abatement
  and management, including participation in the nonpoint source pollution
  management programs under section 319 of this Act, and
  `(ii) the development of educational outreach programs to facilitate
  communication with such States concerning issues surrounding nonpoint
  source pollution abatement in the vicinity of Long Island Sound;
  `(H) an examination of wetlands protection issues, including--
  `(i) an analysis of critical wetlands and recommendations for preservation
  and purchase by the Federal Government, or other appropriate entities,
  `(ii) methods for the Federal government to assist States in targeting
  critical wetlands under State heritage programs, and
  `(iii) methods to accomplish wetlands restoration objectives;
  `(I) an assessment of effective methods of nitrogen removal that could be
  used to abate the pollution of Long Island Sound, including an assessment
  of the biological methods of nitrogen removal used in the demonstration
  project described in subsection (m);
  `(J) an examination, using systems models, of atmospheric precipitation
  and deposition into the waters of Long Island Sound from acidic and other
  pollutants in the air, including an assessment of--
  `(i) the concentration and rate of deposition,
  `(ii) the known and potential toxic effects of pollutants associated with
  precipitation and dry deposition on biological systems in Long Island
  Sound, and
  `(iii) the etiology of pollutants associated with precipitation and dry
  deposition from emissions of nitrogen oxides, sulfur dioxide, reactive
  hydrocarbons, and other chemicals;
  `(K) an assessment of water quality issues, including a survey of biological
  resources to determine--
  `(i) water quality requirements to sustain shellfish populations,
  `(ii) water quality requirements to sustain wildlife, and
  `(iii) an analysis of indicator species that can serve to facilitate
  assessments of environmental quality; and
  `(L) an assessment of recreational uses and demands in the vicinity of
  Long Island Sound.
  `(4) PROHIBITION CONCERNING DUPLICATIVE STUDIES- Notwithstanding paragraph
  (3), if the Director makes a determination that--
  (A) a comparable study exists for the determination of information required
  in the study under paragraph (3); and
  (B) such comparable study adequately addresses the information required
  for the study under paragraph (3),
the Director shall not duplicate such study in the preparation of the study
required under paragraph (3) and any report required under paragraph (5),
but shall incorporate the results of such comparable study into any report
required under paragraph (5).
  `(5) DEMONSTRATION PROJECTS- The Director, acting through the Committee,
  shall conduct the following demonstration projects and incorporate the
  findings of such demonstration projects into the appropriate studies under
  paragraph (3):
  `(A) A demonstration project for the removal of toxic materials from
  contaminated sediments in Long Island Sound.
  `(B) A demonstration project for the removal of nitrogen from nitrogenous
  pollutants in Norwalk Harbour in Long Island Sound.
  `(6) REQUIREMENTS FOR STUDIES, DEMONSTRATION PROJECTS, AND REPORTS- Each
  study or demonstration project conducted under this subsection and each
  plan prepared under this subsection, including any modification to the
  conservation and management plan made by the management conference pursuant
  to the authority granted under section 2 of the Long Island Sound Improvement
  Act of 1989 shall include specific proposals, and where possible, schedules
  for meeting such proposals on an incremental basis. The Director, acting
  through the Committee, shall review all such proposals in a timely fashion
  and make recommendations concerning the implementation of each element of
  such proposal and each corresponding schedule item (if applicable).
  `(7) ANNUAL REPORT BY THE DIRECTOR- Not more than 180 days after the
  date of the issuance of the final report of the Long Island Sound Study
  and annually thereafter, the Director, acting through the Committee,
  shall issue a report to the appropriate committees of the Congress and
  for public distribution, which--
  `(A) summarizes any modifications to the conservation and management plan
  pursuant to section 2 of the Long Island Sound Improvement Act of 1989
  made in the 12-month period immediately preceding such report;
  `(B) summarizes the review of each element of proposals and corresponding
  schedule items as described in paragraph (6) conducted in the 12-month
  period immediately preceding such report; and
  `(C) incorporates specific recommendations concerning the implementation of
  such elements and schedule items associated with subparagraphs (A) and (B).
  `(p) APPROPRIATION AUTHORIZATION- There are authorized to be appropriated
  to carry out the purposes of this section $3,000,000 for fiscal year 1990
  and each of the fiscal years 1991 through 1997.'.
SEC. 5. REVIEW OF CLEAN WATER ACT.
  Not more than one calendar year after the date of the enactment of this
  section, the Director of the Long Island Sound Office of the Environmental
  Protection Agency, acting through the Long Island Sound Office Advisory
  Committee established under section 119(f) of the Federal Water Pollution
  Control Act (commonly referred to as the `Clean Water Act'), shall review
  such Act and issue a report to the appropriate committees of the Congress
  that makes recommendations concerning provisions of such Act that the
  Policy Committee determines to be related to environmental restoration and
  conservation and management in the vicinity of Long Island Sound. Such report
  shall include specific recommendations with respect to any enforcement or
  discharge standards promulgated under such Act.
SEC. 6. REVIEW OF NITROGEN REMOVAL TREATMENT AT SEWAGE TREATMENT PLANTS.
  (a) IN GENERAL- Not more than one calendar year after the date of the
  enactment of this section, the Director of the Long Island Sound Office
  of the Environmental Protection Agency, acting through the Long Island
  Sound Office Advisory Committee established under section 119(f) of the
  Federal Water Pollution Control Act (commonly referred to as the `Clean
  Water Act'), shall review--
  (1) the need for a regional authority to effectuate and fund nitrogen removal
  treatment at sewage treatment plants in the vicinity of Long Island Sound,
  and in the watershed that affects water quality in the vicinity of Long
  Island Sound; and
  (2) potential methods of financing such regional authority, including--
  (A) surcharges;
  (B) sewer fees; and
  (C) the authority to issue bonds against funds raised under the methods
  described under subparagraphs (A) or (B).
  (b) REPORT TO CONGRESS- Not more than one calendar year after the date
  of the enactment of this section, the Director of the Long Island Sound
  Office of the Environmental Protection Agency, acting through the Long
  Island Sound Office Advisory Committee, established under section 119
  of the Federal Water Pollution Control Act (commonly referred to as the
  `Clean Water Act'), shall issue a report to the appropriate committees of
  the Congress that makes recommendations concerning--
  (1) the need for such regional authority; and
  (2) recommended methods of financing such regional authority.
SEC. 7. LONG ISLAND SOUND FUND.
  (a) FUND ESTABLISHED- There is hereby established on the books of the
  Treasury of the United States a special fund to be known as the `Long
  Island Sound Fund'.
  (b) APPROPRIATIONS TO FUND-
  (1) APPROPRIATIONS- Except as otherwise earmarked under another provision
  of law, there is hereby appropriated to the Fund for each fiscal year,
  out of the amounts in the general fund of the Treasury not otherwise
  appropriated, an amount equal to the sum of the amounts collected by
  Federal courts as a result of Federal and citizen suits under the Federal
  Water Pollution Control Act (commonly referred to as the `Clean Water Act')
  relating to violations of such Act occurring in the vicinity of Long Island
  Sound and in that portion of the watershed of the Long Island Sound in the
  immediate vicinity of such Sound, as determined by the Administrator of
  the Environmental Protection Agency. The Secretary of the Treasury shall,
  from time to time, transfer to the Fund an amount equal to the amounts so
  designated during each fiscal year, which shall remain available to the
  Fund without fiscal limitation.
  (2) GENERAL FUND- For the purposes of this subsection, moneys to the
  general fund shall not be considered as earmarked.
  (c) EXPENDITURES- Amounts in the Long Island Sound Fund shall be available,
  as provided in appropriation Acts, to the Administrator of the Environmental
  Protection Agency for the purposes of making expenditures for carrying out
  section 119 of the Federal Water Pollution Control Act (commonly referred
  to as the `Clean Water Act').

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