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[House Report 114-104]
[From the U.S. Government Publishing Office]

114th Congress   }                                        {      Report
                        HOUSE OF REPRESENTATIVES
 1st Session     }                                        {     114-104

======================================================================

 
  TO REAUTHORIZE THE NATIONAL ESTUARY PROGRAM, AND FOR OTHER PURPOSES

                                _______
                                

  May 8, 2015.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

 Mr. Shuster, from the Committee on Transportation and Infrastructure, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 944]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Transportation and Infrastructure, to whom 
was referred the bill (H.R. 944) to reauthorize the National 
Estuary Program, and for other purposes, having considered the 
same, report favorably thereon without amendment and recommend 
that the bill do pass.

                                CONTENTS

                                                                   Page
Purpose of the Legislation.......................................     2
Background and Need for the Legislation..........................     2
Hearings.........................................................     3
Legislative History and Consideration............................     3
Committee Votes..................................................     3
Committee Oversight Findings.....................................     3
New Budget Authority and Tax Expenditures........................     3
Congressional Budget Office Cost Estimate........................     4
Performance Goals and Objectives.................................     5
Advisory of Earmarks.............................................     5
Duplication of Federal Programs..................................     5
Disclosure of Directed Rulemakings...............................     5
Federal Mandates Statement.......................................     5
Preemption Clarification.........................................     6
Advisory Committee Statement.....................................     6
Applicability to the Legislative Branch..........................     6
Section-by-Section Analysis of the Legislation...................     6
Changes in Existing Law Made by the Bill, as Reported............     7

                       Purpose of the Legislation

    The purpose of H.R. 944 is to amend section 320 of the 
Federal Water Pollution Control Act (the Clean Water Act) to 
reauthorize the National Estuary Program within the 
Environmental Protection Agency (EPA).

                Background and Need for the Legislation

    Estuaries, which are partially enclosed waterbodies where 
freshwater from land drainage through rivers or streams flows 
into an open sea or the ocean, are unique and highly productive 
waters that are important to the ecological and economic bases 
of our nation. In particular, fisheries, wildlife, recreation, 
and tourism are heavily dependent on healthy estuarine systems. 
Yet, despite their value, most estuaries in the United States 
are experiencing stress from physical alteration and pollution, 
often resulting from development and rapid population growth in 
coastal cities and counties. In the mid-1980s, Congress 
recognized the importance of, and the need to protect the 
natural functions of, estuaries. As a result, in 1987, as part 
of P.L. 100-4, Congress added section 320 to the Clean Water 
Act to establish the National Estuary Program (NEP).
    The NEP is designed to promote comprehensive planning for 
long-term protection of nationally significant estuaries in the 
United States that are deemed to be threatened by pollution, 
development, or overuse, through collaborative voluntary 
efforts of federal, state, local, non-profit, and private 
interests. The NEP aims to address water quality problems in, 
and promote the ecological integrity of, estuaries. The NEP 
coordinates and provides funding for long-term planning and 
management activities to address the complex factors that 
contribute to the degradation of estuaries.
    Once a governor nominates an estuary for inclusion in the 
NEP, and if the EPA determines the estuary is ``nationally 
significant,'' it is accepted, and becomes eligible for 
technical assistance and grant funding. Then a collaborative 
decision-making process begins where stakeholders develop and 
implement long-term management plans, called ``Comprehensive 
Conservation and Management Plans'' (CCMPs). A CCMP is a long-
term plan that contains specific targeted actions designed to 
address water quality and ecological challenges in the 
estuary's watershed. A CCMP is to recommend priority actions 
and schedules to protect the estuary, restore and maintain its 
chemical, physical, and biological integrity, and control 
pollution sources.
    Each estuary program in the NEP has a Management Conference 
(MC) made up of diverse stakeholders. Using a consensus-
building approach and collaborative decision-making process 
instead of a regulatory approach, each MC works closely 
together to implement the CCMP. The MC ensures that the CCMP is 
uniquely tailored to the local environmental conditions, is 
based on local input, and supports local priorities.
    Stakeholders may include citizens, state and local 
governments, federal agencies, private and non-profit 
interests, industrial, recreational, or other user groups, and 
academic or scientific experts. The goal is for the 
stakeholders to be partners in developing and implementing the 
CCMPs.
    There are approximately 130 estuaries in the United States. 
Twenty-eight of these estuaries, located along the Atlantic, 
Gulf, and Pacific coasts and in Puerto Rico, have been 
incorporated into the NEP. Once the EPA has accepted an estuary 
into the NEP, the EPA supports the effort with technical 
assistance and grants. Each estuary program in the NEP has 
completed its planning process and is implementing its CCMP.
    In 2004, in P.L. 108-399, Congress reauthorized section 320 
of the CWA through fiscal year 2010. Section 320 of the Clean 
Water Act most recently authorized the NEP at $35 million per 
year.

                                Hearings

    No hearings were held on H.R. 944 in the 114th Congress.

                 Legislative History and Consideration

    On February 12, 2015, Representative Frank LoBiondo of New 
Jersey introduced H.R. 944, a bill to reauthorize the National 
Estuary Program.
    On April 15, 2015, the Committee on Transportation and 
Infrastructure met in open session to consider H.R. 944, and 
ordered the bill reported favorably to the House by voice vote 
with a quorum present.
    In the 113th Congress, the Committee on Transportation and 
Infrastructure ordered a virtually identical bill (H.R. 5266) 
reported favorably to the House by voice vote with a quorum 
present. H.R. 5266 passed the House of Representatives under 
suspension of the rules by voice vote.

                            Committee Votes

    Clause 3(b) of rule XIII of the Rules of the House of 
Representatives requires each committee report to include the 
total number of votes cast for and against on each record vote 
on a motion to report and on any amendment offered to the 
measure or matter, and the names of those members voting for 
and against. There were no record votes taken in connection 
with consideration of H.R. 944, or ordering the bill reported. 
A motion to order H.R. 944 reported favorably to the House was 
agreed to by voice vote with a quorum present.

                      Committee Oversight Findings

    With respect to the requirements of clause 3(c)(1) of rule 
XIII of the Rules of the House of Representatives, the 
Committee's oversight findings and recommendations are 
reflected in this report.

               New Budget Authority And Tax Expenditures

    Clause 3(c)(2) of rule XIII of the Rules of the House of 
Representatives does not apply where a cost estimate and 
comparison prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act of 
1974 has been timely submitted prior to the filing of the 
report and is included in the report. Such a cost estimate is 
included in this report.

               Congressional Budget Office Cost Estimate

    With respect to the requirement of clause 3(c)(3) of rule 
XIII of the Rules of the House of Representatives and section 
402 of the Congressional Budget Act of 1974, the Committee has 
received the enclosed cost estimate for H.R. 944 from the 
Director of the Congressional Budget Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                    Washington, DC, April 22, 2015.
Hon. Bill Shuster,
Chairman, Committee on Transportation and Infrastructure,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 944, a bill to 
reauthorize the National Estuary Programs, and for other 
purposes.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Susanne S. 
Mehlman.
            Sincerely,
                                                Keith Hall,
                                                          Director.
    Enclosure.

H.R. 944--A bill to reauthorize the National Estuary Programs, and for 
        other purposes

    Summary: H.R. 944 would authorize the appropriation of $27 
million annually over the 2016-2020 period for the 
Environmental Protection Agency's (EPA's) National Estuary 
Program. The legislation also would amend the Clean Water Act 
to require that grants awarded to state, local, and private 
entities by EPA are awarded in a competitive manner. CBO 
estimates that implementing this legislation would cost $116 
million over the 2016-2020 period, assuming appropriation of 
the authorized amounts.
    Enacting H.R. 944 would not affect direct spending or 
revenues; therefore, pay-as-you-go procedures do not apply.
    H.R. 944 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA), 
and any costs incurred by state, local, or tribal governments, 
including matching contributions, would result from 
participation in a voluntary federal program.
    Estimated cost to the Federal Government: The estimated 
budgetary effect of this legislation is shown in the following 
table. The costs of this legislation fall within budget 
function 300 (natural resources and environment).

----------------------------------------------------------------------------------------------------------------
                                                            By fiscal year, in millions of dollars--
                                               -----------------------------------------------------------------
                                                   2016       2017       2018       2019       2020    2016-2020
----------------------------------------------------------------------------------------------------------------
                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATION
 
Authorization Level...........................         27         27         27         27         27        135
Estimated Outlays.............................         12         23         27         27         27        116
----------------------------------------------------------------------------------------------------------------

    Basis of estimate: CBO assumes that H.R. 944 will be 
enacted near the start of 2016 and that the amounts authorized 
will be appropriated each fiscal year. Estimated outlays are 
based on historical spending patterns for the National Estuary 
Program. The authorization for this program expired in 2010, 
but $26 million was appropriated for the program in 2015. Under 
the National Estuary Program, EPA develops plans for attaining 
or maintaining water quality in an estuary.
    Intergovernmental and private-sector impact: H.R. 944 
contains no intergovernmental or private-sector mandates as 
defined in UMRA, and any costs incurred by state, local, or 
tribal governments, including matching contributions, would 
result from participation in a voluntary federal program.
    Estimate prepared by: Federal costs: Susanne S. Mehlman; 
Impact on state, local, and tribal governments: Jon Sperl; 
Impact on the private sector: Amy Petz.
    Estimate approved by: Theresa Gullo, Assistant Director for 
Budget Analysis.

                    Performance Goals and Objectives

    With respect to the requirement of clause 3(c)(4) of rule 
XIII of the Rules of the House of Representatives, the 
performance goal and objective of this legislation is to 
reauthorize the National Estuary Program.

                          Advisory of Earmarks

    Pursuant to clause 9 of rule XXI of the Rules of the House 
of Representatives, the Committee is required to include a list 
of congressional earmarks, limited tax benefits, or limited 
tariff benefits as defined in clause 9(e), 9(f), and 9(g) of 
rule XXI of the Rules of the House of Representatives. No 
provision in the bill includes an earmark, limited tax benefit, 
or limited tariff benefit under clause 9(e), 9(f), or 9(g) of 
rule XXI.

                    Duplication of Federal Programs

    Pursuant to section 3(g) of H. Res. 5, 114th Cong. (2015), 
the Committee finds that no provision of H.R. 944, as reported, 
establishes or reauthorizes a program of the federal government 
known to be duplicative of another federal program, a program 
that was included in any report from the Government 
Accountability Office to Congress pursuant to section 21 of 
Public Law 111-139, or a program related to a program 
identified in the most recent Catalog of Federal Domestic 
Assistance.

                   Disclosure of Directed Rulemakings

    Pursuant to section 3(i) of H. Res. 5, 114th Cong. (2015), 
the Committee estimates that enacting H.R. 944, as reported, 
does not specifically direct the completion of any specific 
rulemakings within the meaning of section 551 of title 5, 
United States Code.

                       Federal Mandates Statement

    The Committee adopts as its own the estimate of federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act (P.L. 104-4).

                        Preemption Clarification

    Section 423 of the Congressional Budget Act of 1974 
requires the report of any Committee on a bill or joint 
resolution to include a statement on the extent to which the 
bill or joint resolution is intended to preempt state, local, 
or tribal law. The Committee states that H.R. 944, as reported, 
does not preempt any state, local, or tribal law.

                      Advisory Committee Statement

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act are created by this 
legislation.

                Applicability to the Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act (P.L. 104-1).

             Section-by-Section Analysis of the Legislation

Section 1. Competitive awards

    Section 1 amends section 320(g) of the Clean Water Act to 
add a new paragraph (4). New paragraph (4) authorizes the EPA 
Administrator to make competitive awards to states, interstate, 
and regional water pollution control agencies and entities, 
state coastal zone management agencies, interstate agencies, 
other public or nonprofit private agencies, institutions, 
organizations, and individuals, and allocates a portion of 
available NEP funds for such competitive awards.
    The EPA Administrator is to solicit applications for such 
awards, and select award recipients that are best able to 
address urgent and challenging issues that threaten the water 
quality, ecological, and economic well-being of coastal areas. 
Such issues are to include:
          (i) extensive seagrass habitat losses resulting in 
        significant impacts on fisheries and water quality;
          (ii) recurring harmful algae blooms;
          (iii) unusual marine mammal mortalities;
          (iv) invasive exotic species that may threaten 
        wastewater systems and cause other damage;
          (v) jellyfish proliferation limiting community access 
        to water during peak tourism seasons;
          (vi) flooding that may be related to sea level rise 
        or wetland degradation or loss; and
          (vii) low dissolved oxygen conditions in estuarine 
        waters and related nutrient management.

Section 2. Authorization of appropriations

    Section 2 strikes section 320(i) of the Clean Water Act 
(entitled ``Authorization of Appropriations'') and replaces it 
with a new subsection (i) (entitled ``Authorization of 
Appropriations'') that extends the authorization of 
appropriations for the NEP for each of fiscal years 2016 
through 2020, at an amount of $27 million per year. New 
subsection (i) also allocates the funds that are made available 
in each fiscal year for section 320.
    New subsection (i) authorizes appropriations for expenses 
relating to the administration of grants or awards by the EPA 
Administrator under section 320, including the award and 
oversight of grants and awards, and specifies that expenses 
relating to the administration of grants or awards shall not 
exceed 5 percent of the amount appropriated under new 
subsection (i).
    In addition, new subsection (i) specifies that the EPA 
Administrator shall provide, for the development, 
implementation, and monitoring of each conservation and 
management plan eligible for grant assistance under subsection 
(g)(2) of section 320, not less than 80 percent of the amounts 
made available in each fiscal year for section 320.
    Further, new subsection (i) specifies that the EPA 
Administrator shall provide not less than 15 percent of the 
amounts made available in each fiscal year for section 320 for 
making competitive awards described in subsection (g)(4) of 
section 320.

         Changes in Existing Law Made by the Bill, as Reported

    In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
H.R. 944, as reported, are shown as follows:

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, and existing law in which no 
change is proposed is shown in roman):

                  FEDERAL WATER POLLUTION CONTROL ACT

           *       *       *       *       *       *       *
TITLE III--STANDARDS AND ENFORCEMENT

           *       *       *       *       *       *       *

SEC. 320. NATIONAL ESTUARY PROGRAM.

  (a) Management Conference.--
          (1) Nomination of estuaries.--The Governor of any 
        State may nominate to the Administrator an estuary 
        lying in whole or in part within the State as an 
        estuary of national significance and request a 
        management conference to develop a comprehensive 
        management plan for the estuary. The nomination shall 
        document the need for the conference, the likelihood of 
        success, and information relating to the factors in 
        paragraph (2).
          (2) Convening of conference.--
                  (A) In general.--In any case where the 
                Administrator determines, on his own initiative 
                or upon nomination of a State under paragraph 
                (1), that the attainment or maintenance of that 
                water quality in an estuary which assures 
                protection of public water supplies and the 
                protection and propagation of a balanced, 
                indigenous population of shellfish, fish, and 
                wildlife, and allows recreational activities, 
                in and on the water, requires the control of 
                point and nonpoint sources of pollution to 
                supplement existing controls of pollution in 
                more than one State, the Administrator shall 
                select such estuary and convene a management 
                conference.
                  (B) Priority consideration.--The 
                Administrator shall give priority consideration 
                under this section to Long Island Sound, New 
                York and Connecticut; Narragansett Bay, Rhode 
                Island; Buzzards Bay, Massachusetts; 
                Massachusetts Bay, Massachusetts (including 
                Cape Cod Bay and Boston Harbor); Puget Sound, 
                Washington; New York-New Jersey Harbor, New 
                York and New Jersey; Delaware Bay, Delaware and 
                New Jersey; Delaware Inland Bays, Delaware; 
                Albermarle Sound, North Carolina; Sarasota Bay, 
                Florida; San Francisco Bay, California; Santa 
                Monica Bay, California; Galveston Bay, Texas; 
                Barataria-Terrebonne Bay estuary complex, 
                Louisiana; Indian River Lagoon, Florida; Lake 
                Pontchartrain Basin, Louisiana and Mississippi; 
                and Peconic Bay, New York.
          (3) Boundary dispute exception.--In any case in which 
        a boundary between two States passes through an estuary 
        and such boundary is disputed and is the subject of an 
        action in any court, the Administrator shall not 
        convene a management conference with respect to such 
        estuary before a final adjudication has been made of 
        such dispute.
  (b) Purposes of Conference.--The purposes of any management 
conference convened with respect to an estuary under this 
subsection shall be to--
          (1) assess trends in water quality, natural 
        resources, and uses of the estuary;
          (2) collect, characterize, and assess data on toxics, 
        nutrients, and natural resources within the estuarine 
        zone to identify the causes of environmental problems;
          (3) develop the relationship between the inplace 
        loads and point and nonpoint loadings of pollutants to 
        the estuarine zone and the potential uses of the zone, 
        water quality, and natural resources;
          (4) develop a comprehensive conservation and 
        management plan that recommends priority corrective 
        actions and compliance schedules addressing point and 
        nonpoint sources of pollution to restore and maintain 
        the chemical, physical, and biological integrity of the 
        estuary, including restoration and maintenance of water 
        quality, a balanced indigenous population of shellfish, 
        fish and wildlife, and recreational activities in the 
        estuary, and assure that the designated uses of the 
        estuary are protected;
          (5) develop plans for the coordinated implementation 
        of the plan by the States as well as Federal and local 
        agencies participating in the conference;
          (6) monitor the effectiveness of actions taken 
        pursuant to the plan; and
          (7) review all Federal financial assistance programs 
        and Federal development projects in accordance with the 
        requirements of Executive Order 12372, as in effect on 
        September 17, 1983, to determine whether such 
        assistance program or project would be consistent with 
        and further the purposes and objectives of the plan 
        prepared under this section.
For purposes of paragraph (7), such programs and projects shall 
not be limited to the assistance programs and development 
projects subject to Executive Order 12372, but may include any 
programs listed in the most recent Catalog of Federal Domestic 
Assistance which may have an effect on the purposes and 
objectives of the plan developed under this section.
  (c) Members of Conference.--The members of a management 
conference convened under this section shall include, at a 
minimum, the Administrator and representatives of--
          (1) each State and foreign nation located in whole or 
        in part in the estuarine zone of the estuary for which 
        the conference is convened;
          (2) international, interstate, or regional agencies 
        or entities having jurisdiction over all or a 
        significant part of the estuary;
          (3) each interested Federal agency, as determined 
        appropriate by the Administrator;
          (4) local governments having jurisdiction over any 
        land or water within the estuarine zone, as determined 
        appropriate by the Administrator; and
          (5) affected industries, public and private 
        educational institutions, and the general public, as 
        determined appropriate by the Administrator.
  (d) Utilization of Existing Data.--In developing a 
conservation and management plan under this section, the 
management conference shall survey and utilize existing 
reports, data, and studies relating to the estuary that have 
been developed by or made available to Federal, interstate, 
State, and local agencies.
  (e) Period of Conference.--A management conference convened 
under this section shall be convened for a period not to exceed 
5 years. Such conference may be extended by the Administrator, 
and if terminated after the initial period, may be reconvened 
by the Administrator at any time thereafter, as may be 
necessary to meet the requirements of this section.
  (f) Approval and Implementation of Plans.--
          (1) Approval.--Not later than 120 days after the 
        completion of a conservation and management plan and 
        after providing for public review and comment, the 
        Administrator shall approve such plan if the plan meets 
        the requirements of this section and the affected 
        Governor or Governors concur.
          (2) Implementation.--Upon approval of a conservation 
        and management plan under this section, such plan shall 
        be implemented. Funds authorized to be appropriated 
        under titles II and VI and section 319 of this Act may 
        be used in accordance with the applicable requirements 
        of this Act to assist States with the implementation of 
        such plan.
  (g) Grants.--
          (1) Recipients.--The Administrator is authorized to 
        make grants to State, interstate, and regional water 
        pollution control agencies and entities, State coastal 
        zone management agencies, interstate agencies, other 
        public or nonprofit private agencies, institutions, 
        organizations, and individuals.
          (2) Purposes.--Grants under this subsection shall be 
        made to pay for activities necessary for the 
        development and implementation of a comprehensive 
        conservation and management plan under this section.
          (3) Federal share.--The Federal share of a grant to 
        any person (including a State, interstate, or regional 
        agency or entity) under this subsection for a fiscal 
        year--
                  (A) shall not exceed--
                          (i) 75 percent of the annual 
                        aggregate costs of the development of a 
                        comprehensive conservation and 
                        management plan; and
                          (ii) 50 percent of the annual 
                        aggregate costs of the implementation 
                        of the plan; and
                  (B) shall be made on condition that the non-
                Federal share of the costs are provided from 
                non-Federal sources.
          (4) Competitive awards.--
                  (A) In general.--Using the amounts made 
                available under subsection (i)(2)(B), the 
                Administrator shall make competitive awards 
                under this paragraph.
                  (B) Application for awards.--The 
                Administrator shall solicit applications for 
                awards under this paragraph from State, 
                interstate, and regional water pollution 
                control agencies and entities, State coastal 
                zone management agencies, interstate agencies, 
                other public or nonprofit private agencies, 
                institutions, organizations, and individuals.
                  (C) Selection of recipients.--In selecting 
                award recipients under this paragraph, the 
                Administrator shall select recipients that are 
                best able to address urgent and challenging 
                issues that threaten the ecological and 
                economic well-being of coastal areas. Such 
                issues shall include--
                          (i) extensive seagrass habitat losses 
                        resulting in significant impacts on 
                        fisheries and water quality;
                          (ii) recurring harmful algae blooms;
                          (iii) unusual marine mammal 
                        mortalities;
                          (iv) invasive exotic species that may 
                        threaten wastewater systems and cause 
                        other damage;
                          (v) jellyfish proliferation limiting 
                        community access to water during peak 
                        tourism seasons;
                          (vi) flooding that may be related to 
                        sea level rise or wetland degradation 
                        or loss; and
                          (vii) low dissolved oxygen conditions 
                        in estuarine waters and related 
                        nutrient management.
  (h) Grant Reporting.--Any person (including a State, 
interstate, or regional agency or entity) that receives a grant 
under subsection (g) shall report to the Administrator not 
later than 18 months after receipt of such grants and 
biennially thereafter on the progress being made under this 
section.
  [(i) Authorization of Appropriations.--There are authorized 
to be appropriated to the Administrator not to exceed 
$35,000,000 for each of fiscal years 2001 through 2010 for--
          [(1) expenses related to the administration of 
        management conferences under this section, not to 
        exceed 10 percent of the amount appropriated under this 
        subsection;
          [(2) making grants under subsection (g); and
          [(3) monitoring the implementation of a conservation 
        and management plan by the management conference or by 
        the Administrator, in any case in which the conference 
        has been terminated.
The Administrator shall provide up to $5,000,000 per fiscal 
year of the sums authorized to be appropriated under this 
subsection to the Administrator of the National Oceanic and 
Atmospheric Administration to carry out subsection (j).]
  (i) Authorization of Appropriations.--
          (1) In general.--There is authorized to be 
        appropriated to the Administrator $27,000,000 for each 
        of fiscal years 2016 through 2020 for--
                  (A) expenses relating to the administration 
                of grants or awards by the Administrator under 
                this section, including the award and oversight 
                of grants and awards, except that such expenses 
                may not exceed 5 percent of the amount 
                appropriated under this subsection for a fiscal 
                year; and
                  (B) making grants and awards under subsection 
                (g).
          (2) Allocations.--
                  (A) Conservation and management plans.--Not 
                less than 80 percent of the amount made 
                available under this subsection for a fiscal 
                year shall be used by the Administrator for the 
                development, implementation, and monitoring of 
                each of the conservation and management plans 
                eligible for grant assistance under subsection 
                (g)(2).
                  (B) Competitive awards.--Not less than 15 
                percent of the amount made available under this 
                subsection for a fiscal year shall be used by 
                the Administrator for making competitive awards 
                described in subsection (g)(4).
  (j) Research.--
          (1) Programs.--In order to determine the need to 
        convene a management conference under this section or 
        at the request of such a management conference, the 
        Administrator shall coordinate and implement, through 
        the National Marine Pollution Program Office and the 
        National Marine Fisheries Service of the National 
        Oceanic and Atmospheric Administration, as appropriate, 
        for one or more estuarine zones--
                  (A) a long-term program of trend assessment 
                monitoring measuring variations in pollutant 
                concentrations, marine ecology, and other 
                physical or biological environmental parameters 
                which may affect estuarine zones, to provide 
                the Administrator the capacity to determine the 
                potential and actual effects of alternative 
                management strategies and measures;
                  (B) a program of ecosystem assessment 
                assisting in the development of (i) baseline 
                studies which determine the state of estuarine 
                zones and the effects of natural and 
                anthropogenic changes, and (ii) predictive 
                models capable of translating information on 
                specific discharges or general pollutant 
                loadings within estuarine zones into a set of 
                probable effects on such zones;
                  (C) a comprehensive water quality sampling 
                program for the continuous monitoring of 
                nutrients, chlorine, acid precipitation 
                dissolved oxygen, and potentially toxic 
                pollutants (including organic chemicals and 
                metals) in estuarine zones, after consultation 
                with interested State, local, interstate, or 
                international agencies and review and analysis 
                of all environmental sampling data presently 
                collected from estuarine zones; and
                  (D) a program of research to identify the 
                movements of nutrients, sediments and 
                pollutants through estuarine zones and the 
                impact of nutrients, sediments, and pollutants 
                on water quality, the ecosystem, and designated 
                or potential uses of the estuarine zones.
          (2) Reports.--The Administrator, in cooperation with 
        the Administrator of the National Oceanic and 
        Atmospheric Administration, shall submit to the 
        Congress no less often than biennially a comprehensive 
        report on the activities authorized under this 
        subsection including--
                  (A) a listing of priority monitoring and 
                research needs;
                  (B) an assessment of the state and health of 
                the Nation's estuarine zones, to the extent 
                evaluated under this subsection;
                  (C) a discussion of pollution problems and 
                trends in pollutant concentrations with a 
                direct or indirect effect on water quality, the 
                ecosystem, and designated or potential uses of 
                each estuarine zone, to the extent evaluated 
                under this subsection; and
                  (D) an evaluation of pollution abatement 
                activities and management measures so far 
                implemented to determine the degree of 
                improvement toward the objectives expressed in 
                subsection (b)(4) of this section.
  (k) Definitions.--For purposes of this section, the terms 
``estuary'' and ``estuarine zone'' have the meanings such terms 
have in section 104(n)(4) of this Act, except that the term 
``estuarine zone'' shall also include associated aquatic 
ecosystems and those portions of tributaries draining into the 
estuary up to the historic height of migration of anadromous 
fish or the historic head of tidal influence, whichever is 
higher.

           *       *       *       *       *       *       *

                                  [all]
```