33 U.S.C. § 1269 — Long Island Sound

Page 390 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1268a Force functions of the member, any person who is part of the member’s department, agency, or office and who is either an officer of the United States ap- pointed by the President or a full-time employee serving in a position with pay equal to or greater than the minimum rate payable for GS–15 of the Gen- eral Schedule. The Task Force shall report to the President through the Chairman of the Council on Environmental Quality. (ii) The Task Force shall establish a ‘‘Great Lakes Regional Working Group’’ (Working Group) composed of the appropriate regional administrator or director with programmatic responsibility for the Great Lakes system for each agency represented on the Task Force including: the Great Lakes National Pro- gram Office of the Environmental Protection Agency; the United States Fish and Wildlife Service, National Park Service, and United States Geological Survey within the Department of the Interior; the Natural Resources Conservation Service and the Forest Serv- ice of the Department of Agriculture; the National Oceanic and Atmospheric Administration of the De- partment of Commerce; the Department of Housing and Urban Development; the Department of Trans- portation; the Coast Guard within the Department of Homeland Security; and the Army Corps of Engineers within the Department of the Army. The Working Group will coordinate and make recommendations on how to implement the policies, strategies, projects, and priorities of the Task Force. (c) Management Principles for Regional Collabora- tion of National Significance. To further the policy de- scribed in section 1, the Task Force shall recognize and apply key principles and foster conditions to ensure successful collaboration. To that end, the Environ- mental Protection Agency will coordinate the develop- ment of a set of principles of successful collaboration. SEC. 4. Great Lakes National Program Office. The Great Lakes National Program Office of the Environmental Protection Agency shall assist the Task Force and the Working Group in the performance of their functions. The Great Lakes National Program Manager shall serve as chair of the Working Group. SEC. 5. Preservation of Authority. Nothing in this order shall be construed to impair or otherwise affect the functions of the Director of the Office of Management and Budget relating to budget, administrative, regu- latory, and legislative proposals. Nothing in this order shall be construed to affect the statutory authority or obligations of any Federal agency or any bi-national agreement with Canada. SEC. 6. Judicial Review. This order is intended only to improve the internal management of the Federal Gov- ernment and is not intended to, and does not, create any right, benefit, or trust responsibility, substantive or procedural, enforceable at law or in equity by a party against the United States, its departments, agen- cies, instrumentalities or entities, its officers or em- ployees, or any other person. GEORGE W. BUSH. § 1268a. Great Lakes restoration activities report (a) For purposes of this section the following definitions apply: (1) The terms ‘‘Great Lakes’’ and ‘‘Great Lakes State’’ have the same meanings as such terms have in section 1962d–22 of title 42. (2) The term ‘‘Great Lakes restoration ac- tivities’’ means any Federal or State activity primarily or entirely within the Great Lakes watershed that seeks to improve the overall health of the Great Lakes ecosystem. (b) Hereafter, not later than 45 days after sub- mission of the budget of the President to Con- gress, the Director of the Office of Management and Budget, in coordination with the Governor of each Great Lakes State and the Great Lakes Interagency Task Force, shall submit to the ap- propriate authorizing and appropriating com- mittees of the Senate and the House of Rep- resentatives a financial report, certified by the Secretary of each agency that has budget au- thority for Great Lakes restoration activities, containing— (1) an interagency budget crosscut report that— (A) displays the budget proposed, including any planned interagency or intra-agency transfer, for each of the Federal agencies that carries out Great Lakes restoration ac- tivities in the upcoming fiscal year, sepa- rately reporting the amount of funding to be provided under existing laws pertaining to the Great Lakes ecosystem; and (B) identifies all expenditures in each of the 5 prior fiscal years by the Federal Gov- ernment and State governments for Great Lakes restoration activities; (2) a detailed accounting of all funds re- ceived and obligated by all Federal agencies and, to the extent available, State agencies using Federal funds, for Great Lakes restora- tion activities during the current and previous fiscal years; (3) a budget for the proposed projects (in- cluding a description of the project, authoriza- tion level, and project status) to be carried out in the upcoming fiscal year with the Federal portion of funds for activities; and (4) a listing of all projects to be undertaken in the upcoming fiscal year with the Federal portion of funds for activities. (Pub. L. 113–76, div. E, title VII, § 738, Jan. 17, 2014, 128 Stat. 238.) Editorial Notes CODIFICATION Section was enacted as part of the Financial Services and General Government Appropriations Act, 2014, and also as part of the Consolidated Appropriations Act, 2014, and not as part of the Federal Water Pollution Control Act which comprises this chapter. § 1269. Long Island Sound (a) Office of Management Conference of the Long Island Sound Study The Administrator shall continue the Manage- ment Conference of the Long Island Sound Study (hereinafter referred to as the ‘‘Con- ference’’) as established pursuant to section 1330 of this title, and shall establish an office (here- inafter referred to as the ‘‘Office’’) to be located on or near Long Island Sound. (b) Administration and staffing of Office The Office shall be headed by a Director, who shall be detailed by the Administrator, fol- lowing consultation with the Administrators of EPA regions I and II, from among the employees of the Agency who are in civil service. The Ad- ministrator 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 Office The Office shall assist the conference study in carrying out its goals. Specifically, the Office shall— Page 391 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1269 1 So in original. (1) assist and support the implementation of the Comprehensive Conservation and Manage- ment Plan for Long Island Sound developed pursuant to section 1330 of this title, 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 con- sistent with the goals of the Plan; (2) conduct or commission studies deemed necessary for strengthened implementation of the Comprehensive Conservation and Manage- ment Plan including, but not limited to— (A) population growth and the adequacy of wastewater treatment facilities; (B) the use of biological methods for nutri- ent removal in sewage treatment plants; (C) contaminated sediments, and dredging activities; (D) nonpoint source pollution abatement and land use activities in the Long Island Sound watershed; (E) wetland protection and restoration; (F) atmospheric deposition of acidic and other pollutants into Long Island Sound; (G) water quality requirements to sustain fish, shellfish, and wildlife populations, and the use of indicator species to assess envi- ronmental quality; (H) State water quality programs, for their adequacy pursuant to implementation of the Comprehensive Conservation and Manage- ment Plan; (I) options for long-term financing of wastewater treatment projects and water pollution control programs; (J) environmental vulnerabilities of the Long Island Sound watershed, including— (i) the identification and assessment of such vulnerabilities in the watershed; (ii) the development and implementation of adaptation strategies to reduce such vulnerabilities; and (iii) the identification and assessment of the effects of sea level rise on water qual- ity, habitat, and infrastructure; and 1 (3) coordinate the grant, research and plan- ning programs authorized under this section; (4) develop and implement strategies to in- crease public education and awareness with re- spect to the ecological health and water qual- ity conditions of Long Island Sound; (5) provide administrative and technical sup- port to the conference study; (6) collect and make available to the public (including on a publicly accessible website) publications, and other forms of information the conference study determines to be appro- priate, relating to the environmental quality of Long Island Sound; (7) monitor the progress made toward meet- ing the identified goals, actions, and schedules of the Comprehensive Conservation and Man- agement Plan, including through the imple- mentation and support of a monitoring system for the ecological health and water quality conditions of Long Island Sound; and (8) convene conferences and meetings for leg- islators from State governments and political subdivisions thereof for the purpose of making recommendations for coordinating legislative efforts to facilitate the environmental restora- tion of Long Island Sound and the implemen- tation of the Comprehensive Conservation and Management Plan. (d) Grants (1) The Administrator is authorized to make grants for projects and studies which will help implement the Long Island Sound Comprehen- sive Conservation and Management Plan. Spe- cial emphasis shall be given to implementation, research and planning, enforcement, and citizen involvement and education. (2) State, interstate, and regional water pollu- tion control agencies, and other public or non- profit private agencies, institutions, and organi- zations 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 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 dis- tressed 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 treat- ment facilities, the Administrator may give priority to a distressed community. (f) Report (1) In general Not later than 2 years after the date of en- actment of this 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 Is- land 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 modifica- tions to the Long Island Sound Comprehen- sive 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 Con- servation and Management Plan; Page 392 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1269 (E) identifies priority actions for imple- mentation of the Long Island Sound Com- prehensive Conservation and Management Plan for the 2-year period following the date of submission of the report; and (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 de- scribed in paragraph (1) available to the pub- lic, including on a publicly accessible website. (g) Federal entities (1) Coordination The Administrator shall coordinate the ac- tions of all Federal departments and agencies that affect water quality in the Long Island Sound watershed in order to improve the water quality and living resources of the wa- tershed. (2) Methods In carrying out this section, the Adminis- trator, acting through the Director of the Of- fice, may— (A) enter into interagency agreements; and (B) make intergovernmental personnel ap- pointments. (4) Consistency with comprehensive conserva- tion and management plan To the maximum extent practicable, the head of each Federal department or 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 Man- agement Plan (including any related subse- quent agreements and plans). (h) Authorization of appropriations There is authorized to be appropriated to the Administrator to carry out this section $40,000,000 for each of fiscal years 2019 through 2023. (June 30, 1948, ch. 758, title I, § 119, as added Pub. L. 101–596, title II, § 202, Nov. 16, 1990, 104 Stat. 3004; amended Pub. L. 104–303, title V, § 583, Oct. 12, 1996, 110 Stat. 3791; Pub. L. 106–457, title IV, §§ 402—404, Nov. 7, 2000, 114 Stat. 1973; Pub. L. 109–137, § 1, Dec. 22, 2005, 119 Stat. 2646; Pub. L. 115–270, title IV, § 4104(a), (c)(1), Oct. 23, 2018, 132 Stat. 3873, 3875.) Editorial Notes REFERENCES IN TEXT The date of enactment of this Act, referred to in sub- sec. (f)(1), probably means the date of enactment of Pub. L. 115–270, which was approved Oct. 23, 2018. AMENDMENTS 2018—Subsec. (c). Pub. L. 115–270, § 4104(a)(1)(A), sub- stituted ‘‘conference study’’ for ‘‘Management Con- ference of the Long Island Sound Study’’ in introduc- tory provisions. Subsec. (c)(2). Pub. L. 115–270, § 4104(a)(1)(B), sub- stituted semicolons for commas at end of subpars. (A) to (G) and added subpar. (J). Subsec. (c)(4). Pub. L. 115–270, § 4104(a)(1)(C), added par. (4) and struck out former par. (4) which read as fol- lows: ‘‘coordinate activities and implementation re- sponsibilities 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, Re- search, and Sanctuaries Act;’’. Subsec. (c)(5). Pub. L. 115–270, § 4104(a)(1)(D), inserted ‘‘study’’ after ‘‘conference’’. Subsec. (c)(6). Pub. L. 115–270, § 4104(a)(1)(E), inserted ‘‘(including on a publicly accessible website)’’ after ‘‘the public’’ and ‘‘study’’ after ‘‘conference’’. Subsec. (c)(7). Pub. L. 115–270, § 4104(a)(1)(F), added par. (7) and struck out former par. (7) which related to a report to Congress on the Comprehensive Conserva- tion and Management Plan. Subsec. (d)(3). Pub. L. 115–270, § 4104(a)(2), substituted ‘‘60 percent’’ for ‘‘50 per centum’’. Subsecs. (f), (g). Pub. L. 115–270, § 4104(a)(4), added sub- secs. (f) and (g). Former subsec. (f) redesignated (h). Subsec. (h). Pub. L. 115–270, § 4104(c)(1), amended sub- sec. (h) generally. Prior to amendment text related to authorizations. Pub. L. 115–270, § 4104(a)(3), redesignated subsec. (f) as (h). 2005—Subsec. (f). Pub. L. 109–137 substituted ‘‘2010’’ for ‘‘2005’’ in pars. (1) and (2). 2000—Subsec. (c)(1). Pub. L. 106–457, § 402, inserted be- fore semicolon at end ‘‘, including efforts to establish, within the process for granting watershed general per- mits, a system for promoting innovative methodologies and technologies that are cost-effective and consistent with the goals of the Plan’’. Subsec. (e). Pub. L. 106–457, § 403(2), added subsec. (e). Former subsec. (e) redesignated (f). Subsec. (f). Pub. L. 106–457, §§ 403(1), 404, redesignated subsec. (e) as (f) and substituted ‘‘2001 through 2005’’ for ‘‘1991 through 2001’’ in par. (1) and ‘‘not to exceed $40,000,000 for each of fiscal years 2001 through 2005’’ for ‘‘not to exceed $3,000,000 for each of the fiscal years 1991 through 2001’’ in par. (2). 1996—Subsec. (e). Pub. L. 104–303 substituted ‘‘2001’’ for ‘‘1996’’ in pars. (1) and (2). Statutory Notes and Related Subsidiaries LONG ISLAND SOUND STEWARDSHIP Pub. L. 109–359, Oct. 16, 2006, 120 Stat. 2049, as amend- ed by Pub. L. 115–270, title IV, § 4104(b), (c)(2), Oct. 23, 2018, 132 Stat. 3875, provided that: ‘‘SECTION 1. SHORT TITLE. ‘‘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) Long Island Sound is a national treasure of great cultural, environmental, and ecological impor- tance; ‘‘(2) 8,000,000 people live within the Long Island Sound watershed and 28,000,000 people (approximately 10 percent of the population of the United States) live within 50 miles of Long Island Sound; ‘‘(3) activities that depend on the environmental health of Long Island Sound contribute more than $5,000,000,000 each year to the regional economy; ‘‘(4) the portion of the shoreline of Long Island Sound that is accessible to the general public (esti- mated at less than 20 percent of the total shoreline) is not adequate to serve the needs of the people living in the area; ‘‘(5) existing shoreline facilities are in many cases overburdened and underfunded; ‘‘(6) large parcels of open space already in public ownership are strained by the effort to balance the demand for recreation with the needs of sensitive natural resources; ‘‘(7) approximately 1/3 of the tidal marshes of Long Island Sound have been filled, and much of the re- Page 393 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1269 maining marshes have been ditched, diked, or im- pounded, reducing the ecological value of the marshes; and ‘‘(8) much of the remaining exemplary natural land- scape is vulnerable to further development. ‘‘(b) PURPOSE.—The purpose of this Act is to establish the Long Island Sound Stewardship Initiative to iden- tify, protect, and enhance upland sites within the Long Island Sound ecosystem with significant ecological, educational, open space, public access, or recreational value through a bi-State network of sites best exem- plifying these values. ‘‘SEC. 3. DEFINITIONS. ‘‘In this Act, the following definitions apply: ‘‘(1) ADMINISTRATOR.—The term ‘Administrator’ means the Administrator of the Environmental Pro- tection Agency. ‘‘(2) ADVISORY COMMITTEE.—The term ‘Advisory Committee’ means the Long Island Sound Steward- ship Advisory Committee established by section 8. ‘‘(3) REGION.—The term ‘Region’ means the Long Is- land Sound Stewardship Initiative Region established by section 4(a). ‘‘(4) STATE.—The term ‘State’ means each of the States of Connecticut and New York. ‘‘(5) STEWARDSHIP.—The term ‘stewardship’ means land acquisition, land conservation agreements, site planning, plan implementation, land and habitat management, public access improvements, site moni- toring, and other activities designed to enhance and preserve natural resource-based recreation and eco- logical function of upland areas. ‘‘(6) STEWARDSHIP SITE.—The term ‘stewardship site’ means any area of State, local, or tribal govern- ment, or privately owned land within the Region that is designated by the Administrator under section 5(a). ‘‘(7) SYSTEMATIC SITE SELECTION.—The term ‘sys- tematic site selection’ means a process of selecting stewardship sites that— ‘‘(A) has explicit goals, methods, and criteria; ‘‘(B) produces feasible, repeatable, and defensible results; ‘‘(C) provides for consideration of natural, phys- ical, and biological patterns; ‘‘(D) addresses replication, connectivity, species viability, location, and public recreation values; ‘‘(E) uses geographic information systems tech- nology and algorithms to integrate selection cri- teria; and ‘‘(F) will result in achieving the goals of steward- ship site selection at the lowest cost. ‘‘(8) QUALIFIED APPLICANTS.—The term ‘qualified ap- plicant’ means a non-Federal person that owns title to property located within the borders of the Region. ‘‘(9) THREAT.—The term ‘threat’ means a threat that is likely to destroy or seriously degrade a con- servation target or a recreation area. ‘‘SEC. 4. LONG ISLAND SOUND STEWARDSHIP INI- TIATIVE REGION. ‘‘(a) ESTABLISHMENT.—There is established in the States of Connecticut and New York the Long Island Sound Stewardship Initiative Region. ‘‘(b) BOUNDARIES.—The Region consists of the imme- diate coastal upland areas along— ‘‘(1) Long Island Sound between mean high water and the inland boundary, as described on the map en- titled ‘Long Island Sound Stewardship Region’ and dated April 21, 2004; and ‘‘(2) the Peconic Estuary as described on the map entitled ‘Peconic Estuary Program Study Area Boundaries’ and included in the Comprehensive Con- servation and Management Plan for the Peconic Es- tuary Program and dated November 15, 2001. ‘‘SEC. 5. DESIGNATION OF STEWARDSHIP SITES. ‘‘(a) IN GENERAL.—The Administrator may designate a stewardship site in accordance with this Act any area that contributes to accomplishing the purpose of this Act. ‘‘(b) PUBLICATION OF LIST OF RECOMMENDED SITES.— The Administrator shall— ‘‘(1) publish in the Federal Register and make avail- able in general circulation in the States of Con- necticut and New York the list of sites recommended by the Advisory Committee; and ‘‘(2) provide a 90-day period for— ‘‘(A) the submission of public comment on the list; and ‘‘(B) an opportunity for owners of such sites to de- cline designation of such sites as stewardship sites. ‘‘(c) OPINION REGARDING OWNER’S RESPONSIBILITIES.— The Administrator may not designate an area as a stewardship site under this Act unless the Adminis- trator provides to the owner of the area, and the owner acknowledges to the Administrator receipt of, a com- prehensive opinion in plain English setting forth ex- pressly the responsibility of the owner that arises from such designation. ‘‘(d) DESIGNATION OF STEWARDSHIP SITES.—Not later than 150 days after receiving from the Advisory Com- mittee its list of recommended sites, the Adminis- trator— ‘‘(1) shall review the recommendations of the Advi- sory Committee; and ‘‘(2) may designate as a stewardship site any site included in the list. ‘‘SEC. 6. RECOMMENDATIONS BY ADVISORY COM- MITTEE. ‘‘(a) IN GENERAL.—The Advisory Committee shall— ‘‘(1) in accordance with this section, evaluate appli- cations— ‘‘(A) for designation of areas as stewardship sites; ‘‘(B) to develop management plans to address threats to stewardship sites; and ‘‘(C) to act on opportunities to protect and en- hance stewardship sites; ‘‘(2) develop recommended guidelines, criteria, schedules, and due dates for the submission of appli- cations and the evaluation by the Advisory Com- mittee of information to recommend areas for des- ignation as stewardship sites that fulfill terms of a multi-year management plan; ‘‘(3) recommend to the Administrator a list of sites for designation as stewardship sites that further the purpose of this Act; ‘‘(4) develop management plans to address threats to stewardship sites; ‘‘(5) raise awareness of the values of and threats to stewardship sites; ‘‘(6) recommend that the Administrator award grants to qualified applicants; and ‘‘(7) recommend to the Administrator ways to le- verage additional resources for improved stewardship of the Region. ‘‘(b) IDENTIFICATION OF SITES.— ‘‘(1) IN GENERAL.—Any qualified applicant may sub- mit an application to the Advisory Committee to have a site recommended to the Administrator for designation as a stewardship site. ‘‘(2) IDENTIFICATION.—The Advisory Committee shall review each application submitted under this subsection to determine whether the site exhibits values that promote the purpose of this Act. ‘‘(3) NATURAL RESOURCE-BASED RECREATION AREAS.— In reviewing an application for recommendation of a recreation area for designation as a stewardship site, the Advisory Committee may use a selection tech- nique that includes consideration of— ‘‘(A) public access; ‘‘(B) community support; ‘‘(C) high population density; ‘‘(D) environmental justice (as defined in section 385.3 of title 33, Code of Federal Regulations (or suc- cessor regulations)); ‘‘(E) open spaces; and ‘‘(F) cultural, historic, and scenic characteristics. ‘‘(4) NATURAL AREAS WITH ECOLOGICAL VALUE.—In re- viewing an application for recommendation of a nat- Page 394 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1269 ural area with ecological value for designation as a stewardship site, the Advisory Committee may use a selection technique that includes consideration of— ‘‘(A) measurable conservation targets for the Re- gion; and ‘‘(B) prioritizing new sites using systematic site selection, which shall include consideration of— ‘‘(i) ecological uniqueness; ‘‘(ii) species viability; ‘‘(iii) habitat heterogeneity; ‘‘(iv) size; ‘‘(v) quality; ‘‘(vi) open spaces; ‘‘(vii) land cover; ‘‘(viii) scientific, research, or educational value; and ‘‘(ix) threats. ‘‘(5) DEVIATION FROM PROCESS.—The Advisory Com- mittee may accept an application to recommend a site other than as provided in this subsection, if the Advisory Committee— ‘‘(A) determines that the site makes significant ecological or recreational contributions to the Re- gion; and ‘‘(B) provides to the Administrator the reasons for deviating from the process otherwise described in this subsection. ‘‘(c) SUBMISSION OF LIST OF RECOMMENDED SITES.— ‘‘(1) IN GENERAL.—After completion of the site iden- tification process set forth in subsection (b), the Ad- visory Committee shall submit to the Administrator its list of sites recommended for designation as stew- ardship sites. ‘‘(2) LIMITATION.—The Advisory Committee shall not include a site in the list submitted under this subsection unless, prior to submission of the list, the owner of the site is— ‘‘(A) notified of the inclusion of the site in the list; and ‘‘(B) allowed to decline inclusion of the site in the list. ‘‘(3) PUBLIC COMMENT.—In identifying sites for in- clusion in the list, the Advisory Committee shall pro- vide an opportunity for submission of, and consider, public comments. ‘‘SEC. 7. GRANTS AND ASSISTANCE. ‘‘(a) IN GENERAL.—The Administrator may provide grants, subject to the availability of appropriations, and other assistance for projects to fulfill the purpose of this Act. ‘‘(b) FEDERAL SHARE.—The Federal share of the cost of an activity carried out using any assistance or grant under this Act shall not exceed 60 percent of the total cost of the activity. ‘‘SEC. 8. LONG ISLAND SOUND STEWARDSHIP AD- VISORY COMMITTEE. ‘‘(a) ESTABLISHMENT.—There is established a com- mittee to be known as the ‘Long Island Sound Steward- ship Advisory Committee’. ‘‘(b) MEMBERSHIP.— ‘‘(1) IN GENERAL.—The Administrator may appoint the members of the Advisory Committee in accord- ance with this subsection and the guidance in section 320(c) of the Federal Water Pollution Control Act (33 U.S.C. 1330(c)), except that the Governor of each State may appoint 2 members of the Advisory Com- mittee. ‘‘(2) ADDITIONAL MEMBERS.—In addition to the other members appointed under this subsection, the Advi- sory Committee may include— ‘‘(A) a representative of the Regional Plan Asso- ciation; ‘‘(B) a representative of marine trade organiza- tions; and ‘‘(C) a representative of private landowner inter- ests. ‘‘(3) CONSIDERATION OF INTERESTS.—In appointing members of the Advisory Committee, the Adminis- trator shall consider— ‘‘(A) Federal, State, and local government inter- ests and tribal interests; ‘‘(B) the interests of nongovernmental organiza- tions; ‘‘(C) academic interests; ‘‘(D) private interests including land, agriculture, and business interests; and ‘‘(E) recreational and commercial fishing inter- ests. ‘‘(4) CHAIRPERSON.—In addition to the other mem- bers appointed under this subsection, the Adminis- trator may appoint as a member of the Advisory Committee an individual to serve as the Chairperson, who may be the Director of the Long Island Sound Office of the Environmental Protection Agency. ‘‘(5) COMPLETION OF APPOINTMENTS.—The Adminis- trator shall complete the appointment of all mem- bers of the Advisory Committee by not later than 180 days after the date of enactment of this Act [Oct. 16, 2006]. ‘‘(A) [sic] VACANCIES.—A vacancy on the Advisory Committee— ‘‘(i) shall be filled not later than 90 days after the vacancy occurs; ‘‘(ii) shall not affect the powers of the Advisory Committee; and ‘‘(iii) shall be filled in the same manner as the original appointment was made. ‘‘(c) TERM.— ‘‘(1) IN GENERAL.—A member of the Advisory Com- mittee shall be appointed for a term of 4 years. ‘‘(2) MULTIPLE TERMS.—An individual may be ap- pointed as a member of the Advisory Committee for more than 1 term. ‘‘(d) POWERS.—The Advisory Committee may hold such hearings, meet and act at such times and places, take such testimony, and receive such evidence as the Advisory Committee considers advisable to carry out this Act. ‘‘(e) MEETINGS.— ‘‘(1) IN GENERAL.—The Advisory Committee shall meet at the call of the Chairperson, but no fewer than 4 times each year. ‘‘(2) INITIAL MEETING.—Not later than 30 days after the date on which all members of the Advisory Com- mittee have been appointed, the Chairperson shall call the initial meeting of the Advisory Committee. ‘‘(3) QUORUM.—A majority of the members of the Advisory Committee shall constitute a quorum, but a lesser number of members may hold hearings. ‘‘(f) ADAPTIVE MANAGEMENT.— ‘‘(1) IN GENERAL.—The Advisory Committee shall use an adaptive management framework to identify the best policy initiatives and actions through— ‘‘(A) definition of strategic goals; ‘‘(B) definition of policy options for methods to achieve strategic goals; ‘‘(C) establishment of measures of success; ‘‘(D) identification of uncertainties; ‘‘(E) development of informative models of policy implementation; ‘‘(F) separation of the landscape into geographic units; ‘‘(G) monitoring key responses at different spatial and temporal scales; and ‘‘(H) evaluation of outcomes and incorporation into management strategies. ‘‘(2) APPLICATION OF ADAPTIVE MANAGEMENT FRAME- WORK.—The Advisory Committee shall apply the adaptive management framework to the process for making recommendations under subsections (b) through (f) of section 6 to the Administrator regard- ing sites that should be designated as stewardship sites. ‘‘(3) ADAPTIVE MANAGEMENT.—The adaptive manage- ment framework required by this subsection shall consist of a scientific process— ‘‘(A) for— ‘‘(i) developing predictive models; ‘‘(ii) making management policy decisions based upon the model outputs; Page 395 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1270 ‘‘(iii) revising the management policies as data become available with which to evaluate the poli- cies; and ‘‘(iv) acknowledging uncertainty, complexity, and variance in the spatial and temporal aspects of natural systems; and ‘‘(B) that requires that management be viewed as experimental. ‘‘(g) TERMINATION OF ADVISORY COMMITTEE.—The Ad- visory Committee shall terminate on December 31, 2021. ‘‘SEC. 9. REPORTS. ‘‘(a) ADMINISTRATOR.—The Administrator shall pub- lish and make available to the public on the Internet and in paper form— ‘‘(1) not later than 1 year after the date of enact- ment of this Act [Oct. 16, 2006], a report that— ‘‘(A) assesses the role of this Act in protecting the Long Island Sound; ‘‘(B) establishes in coordination with the Advi- sory Committee guidelines, criteria, schedules, and due dates for evaluating information to designate stewardship sites; ‘‘(C) includes information about any grants that are available for the purchase of land or property rights to protect stewardship sites; and ‘‘(D) accounts for funds received and expended during the previous fiscal year; ‘‘(2) an update of such report, at least every other year; and ‘‘(3) information on funding and any new steward- ship sites more frequently than every other year. ‘‘(b) ADVISORY COMMITTEE.— ‘‘(1) REPORT.—For each of fiscal years 2007 through 2011, the Advisory Committee shall submit to the Ad- ministrator and the decisionmaking body of the Long Island Sound Study Management Conference estab- lished under section 320 of the Federal Water Pollu- tion Control Act (33 U.S.C. 1330), an annual report that contains— ‘‘(A) a detailed statement of the findings and con- clusions of the Advisory Committee since the last report under this subsection; ‘‘(B) a description of all sites recommended by the Advisory Committee to the Administrator for des- ignation as stewardship sites; ‘‘(C) the recommendations of the Advisory Com- mittee for such legislation and administrative ac- tions as the Advisory Committee considers appro- priate; and ‘‘(D) in accordance with paragraph (2), the rec- ommendations of the Advisory Committee for the awarding of grants. ‘‘(2) RECOMMENDATION FOR GRANTS.— ‘‘(A) IN GENERAL.—The Advisory Committee shall recommend that the Administrator award grants to qualified applicants to help to secure and improve the open space, public access, or ecological values of stewardship sites, through— ‘‘(i) purchase of the property of a stewardship site; ‘‘(ii) purchase of relevant property rights to a stewardship site; or ‘‘(iii) entering into any other binding legal ar- rangement that ensures that the values of a stew- ardship site are sustained, including entering into an arrangement with a land manager or property owner to develop or implement a management plan that is necessary for the conservation of nat- ural resources. ‘‘(B) EQUITABLE DISTRIBUTION OF FUNDS.—The Ad- visory Committee shall exert due diligence to en- sure that its recommendations result in an equi- table distribution of funds between the States. ‘‘SEC. 10. PRIVATE PROPERTY PROTECTION; NO REGULATORY AUTHORITY. ‘‘(a) ACCESS TO PRIVATE PROPERTY.—Nothing in this Act— ‘‘(1) requires any private property owner to allow public access (including Federal, State, or local gov- ernment access) to the private property; or ‘‘(2) modifies the application of any provision of Federal, State, or local law with regard to public ac- cess to or use of private property, except as entered into by voluntary agreement of the owner or custo- dian of the property. ‘‘(b) LIABILITY.—Establishment of the Region does not create any liability, or have any effect on any li- ability under any other law, of any private property owner with respect to any person injured on the private property. ‘‘(c) RECOGNITION OF AUTHORITY TO CONTROL LAND USE.—Nothing in this Act modifies the authority of Federal, State, or local governments to regulate land use. ‘‘(d) PARTICIPATION OF PRIVATE PROPERTY OWNERS NOT REQUIRED.—Nothing in this Act requires the owner of any private property located within the boundaries of the Region to participate in any land conservation, financial or technical assistance, or other programs es- tablished under this Act. ‘‘(e) PURCHASE OF LAND OR INTEREST IN LAND FROM WILLING SELLERS ONLY.—Funds appropriated to carry out this Act may be used to purchase land or interests in land only from willing sellers. ‘‘(f) MANNER OF ACQUISITION.—All acquisitions of land under this Act shall be made in a voluntary manner and shall not be the result of forced takings. ‘‘(g) EFFECT OF ESTABLISHMENT.— ‘‘(1) IN GENERAL.—The boundaries of the Region rep- resent the area within which Federal funds appro- priated for the purpose of this Act may be expended. ‘‘(2) REGULATORY AUTHORITY.—The establishment of the Region and the boundaries of the Region do not provide any regulatory authority not in existence im- mediately before the enactment of this Act [Oct. 16, 2006] on land use in the Region by any management entity, except for such property rights as may be pur- chased from or donated by the owner of the property (including public lands donated by a State or local government). ‘‘SEC. 11. AUTHORIZATION OF APPROPRIATIONS. ‘‘(a) IN GENERAL.—There is authorized to be appro- priated to the Administrator $25,000,000 for each of fis- cal years 2019 through 2023 to carry out this Act, in- cluding for— ‘‘(1) acquisition of land and interests in land; ‘‘(2) development and implementation of site man- agement plans; ‘‘(3) site enhancements to reduce threats or pro- mote stewardship; and ‘‘(4) administrative expenses of the Advisory Com- mittee and the Administrator. ‘‘(b) USE OF FUNDS.—Amounts made available to the Administrator under this section each fiscal year shall be used by the Administrator after reviewing the rec- ommendations included in the annual reports of the Advisory Committee under section 9. ‘‘(c) 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 restric- tive 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 pur- pose for which acceptance is sought. ‘‘(d) 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.’’ § 1270. Patrick Leahy Lake Champlain Basin Pro- gram (a) Establishment (1) In general There is established a Lake Champlain Man- agement Conference to develop a comprehen-