89–006

106TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 106–995

ESTUARIES AND CLEAN WATERS ACT OF 2000

OCTOBER 24, 2000.—Ordered to be printed

Mr. SHUSTER, from the committee on conference,

submitted the following

CONFERENCE REPORT

[To accompany S. 835]

The committee of conference on the disagreeing votes of the

two Houses on the amendment of the House to the bill (S. 835), to

encourage the restoration of estuary habitat through more efficient

project financing and enhanced coordination of Federal and nonFederal restoration programs, and for other purposes, having met,

after full and free conference, have agreed to recommend and do

recommend to their respective Houses as follows:

That the Senate recede from its disagreement to the amendment of the House and agree to the same with an amendment as

follows:

In lieu of the matter proposed to be inserted by the House

amendment, insert the following:

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) SHORT TITLE.—This Act may be cited as the ‘‘Estuaries and

Clean Waters Act of 2000’’.

(b) TABLE OF CONTENTS.—

Sec. 1. Short title; table of contents.

TITLE I—ESTUARY RESTORATION

Sec. 101. Short title.

Sec. 102. Purposes.

Sec. 103. Definitions.

Sec. 104. Estuary habitat restoration program.

Sec. 105. Establishment of Estuary Habitat Restoration Council.

Sec. 106. Estuary habitat restoration strategy.

Sec. 107. Monitoring of estuary habitat restoration projects.

Sec. 108. Reporting.

Sec. 109. Funding.

Sec. 110. General provisions.

TITLE II—CHESAPEAKE BAY RESTORATION

Sec. 201. Short title.

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Sec. 202. Findings and purposes.

Sec. 203. Chesapeake Bay.

TITLE III—NATIONAL ESTUARY PROGRAM

Sec. 301. Addition to national estuary program.

Sec. 302. Grants.

Sec. 303. Authorization of appropriations.

TITLE IV—LONG ISLAND SOUND RESTORATION

Sec. 401. Short title.

Sec. 402. Innovative methodologies and technologies.

Sec. 403. Assistance for distressed communities.

Sec. 404. Authorization of appropriations.

TITLE V—LAKE PONTCHARTRAIN BASIN RESTORATION

Sec. 501. Short title.

Sec. 502. Lake Pontchartrain basin.

TITLE VI—ALTERNATIVE WATER SOURCES

Sec. 601. Short title.

Sec. 602. Pilot program for alternative water source projects.

TITLE VII—CLEAN LAKES

Sec. 701. Grants to States.

Sec. 702. Demonstration program.

TITLE VIII—TIJUANA RIVER VALLEY ESTUARY AND BEACH CLEANUP

Sec. 801. Short title.

Sec. 802. Purpose.

Sec. 803. Definitions.

Sec. 804. Actions to be taken by the Commission and the Administrator.

Sec. 805. Negotiation of new treaty minute.

Sec. 806. Authorization of appropriations.

TITLE IX—GENERAL PROVISIONS

Sec. 901. Purchase of American-made equipment and products.

Sec. 902. Long-term estuary assessment.

Sec. 903. Rural sanitation grants.

TITLE I—ESTUARY RESTORATION

SEC. 101. SHORT TITLE.

This title may be cited as the ‘‘Estuary Restoration Act of 2000’’.

SEC. 102. PURPOSES.

The purposes of this title are—

(1) to promote the restoration of estuary habitat;

(2) to develop a national estuary habitat restoration strategy for creating and maintaining effective estuary habitat restoration partnerships among public agencies at all levels of government and to establish new partnerships between the public

and private sectors;

(3) to provide Federal assistance for estuary habitat restoration projects and to promote efficient financing of such

projects; and

(4) to develop and enhance monitoring and research capabilities through the use of the environmental technology innovation program associated with the National Estuarine Research

Reserve System established by section 315 of the Coastal Zone

Management Act of 1972 (16 U.S.C. 1461) to ensure that estuary habitat restoration efforts are based on sound scientific understanding and innovative technologies.

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SEC. 103. DEFINITIONS.

In this title, the following definitions apply:

(1) COUNCIL.—The term ‘‘Council’’ means the Estuary Habitat Restoration Council established by section 105.

(2) ESTUARY.—The term ‘‘estuary’’ means a part of a river

or stream or other body of water that has an unimpaired connection with the open sea and where the sea water is measurably diluted with fresh water derived from land drainage. The

term also includes near coastal waters and wetlands of the

Great Lakes that are similar in form and function to estuaries,

including the area located in the Great Lakes biogeographic region and designated as a National Estuarine Research Reserve

under the Coastal Zone Management Act of 1972 (16 U.S.C.

1451 et seq.) as of the date of enactment of this Act.

(3) ESTUARY HABITAT.—The term ‘‘estuary habitat’’ means

the physical, biological, and chemical elements associated with

an estuary, including the complex of physical and hydrologic

features and living organisms within the estuary and associated ecosystems.

(4) ESTUARY HABITAT RESTORATION ACTIVITY.—

(A) IN GENERAL.—The term ‘‘estuary habitat restoration

activity’’ means an activity that results in improving degraded estuaries or estuary habitat or creating estuary

habitat (including both physical and functional restoration), with the goal of attaining a self-sustaining system integrated into the surrounding landscape.

(B) INCLUDED ACTIVITIES.—The term ‘‘estuary habitat

restoration activity’’ includes—

(i) the reestablishment of chemical, physical, hydrologic, and biological features and components associated with an estuary;

(ii) except as provided in subparagraph (C), the

cleanup of pollution for the benefit of estuary habitat;

(iii) the control of nonnative and invasive species

in the estuary;

(iv) the reintroduction of species native to the estuary, including through such means as planting or promoting natural succession;

(v) the construction of reefs to promote fish and

shellfish production and to provide estuary habitat for

living resources; and

(vi) other activities that improve estuary habitat.

(C) EXCLUDED ACTIVITIES.—The term ‘‘estuary habitat

restoration activity’’ does not include an activity that—

(i) constitutes mitigation required under any Federal or State law for the adverse effects of an activity

regulated or otherwise governed by Federal or State

law; or

(ii) constitutes restoration for natural resource

damages required under any Federal or State law.

(5) ESTUARY HABITAT RESTORATION PROJECT.—The term

‘‘estuary habitat restoration project’’ means a project to carry

out an estuary habitat restoration activity.

(6) ESTUARY HABITAT RESTORATION PLAN.—

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(A) IN GENERAL.—The term ‘‘estuary habitat restoration

plan’’ means any Federal or State plan for restoration of

degraded estuary habitat that was developed with the substantial participation of appropriate public and private

stakeholders.

(B) INCLUDED PLANS AND PROGRAMS.—The term ‘‘estuary habitat restoration plan’’ includes estuary habitat restoration components of—

(i) a comprehensive conservation and management

plan approved under section 320 of the Federal Water

Pollution Control Act (33 U.S.C. 1330);

(ii) a lakewide management plan or remedial action plan developed under section 118 of the Federal

Water Pollution Control Act (33 U.S.C. 1268);

(iii) a management plan approved under the

Coastal Zone Management Act of 1972 (16 U.S.C. 1451

et seq.); and

(iv) the interstate management plan developed pursuant to the Chesapeake Bay program under section

117 of the Federal Water Pollution Control Act (33

U.S.C. 1267).

(7) INDIAN TRIBE.—The term ‘‘Indian tribe’’ has the meaning given such term by section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b).

(8) NON-FEDERAL INTEREST.—The term ‘‘non-Federal interest’’ means a State, a political subdivision of a State, an Indian

tribe, a regional or interstate agency, or, as provided in section

104(f)(2), a nongovernmental organization.

(9) SECRETARY.—The term ‘‘Secretary’’ means the Secretary

of the Army.

(10) STATE.—The term ‘‘State’’ means the States of Alabama, Alaska, California, Connecticut, Delaware, Florida,

Georgia, Hawaii, Illinois, Indiana, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, New

Hampshire, New Jersey, New York, North Carolina, Ohio, Oregon, Pennsylvania, Rhode Island, South Carolina, Texas, Virginia, Washington, and Wisconsin, the District of Columbia, the

Commonwealth of Puerto Rico, the Commonwealth of the

Northern Mariana Islands, the United States Virgin Islands,

American Samoa, and Guam.

SEC. 104. ESTUARY HABITAT RESTORATION PROGRAM.

(a) ESTABLISHMENT.—There is established an estuary habitat

restoration program under which the Secretary may carry out estuary habitat restoration projects and provide technical assistance in

accordance with the requirements of this title.

(b) ORIGIN OF PROJECTS.—A proposed estuary habitat restoration project shall originate from a non-Federal interest consistent

with State or local laws.

(c) SELECTION OF PROJECTS.—

(1) IN GENERAL.—The Secretary shall select estuary habitat

restoration projects from a list of project proposals submitted by

the Estuary Habitat Restoration Council under section 105(b).

(2) REQUIRED ELEMENTS.—Each estuary habitat restoration

project selected by the Secretary must—

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(A) address restoration needs identified in an estuary

habitat restoration plan;

(B) be consistent with the estuary habitat restoration

strategy developed under section 106;

(C) include a monitoring plan that is consistent with

standards for monitoring developed under section 107 to

ensure that short-term and long-term restoration goals are

achieved; and

(D) include satisfactory assurance from the non-Federal interests proposing the project that the non-Federal interests will have adequate personnel, funding, and authority to carry out items of local cooperation and properly

maintain the project.

(3) FACTORS FOR SELECTION OF PROJECTS.—In selecting an

estuary habitat restoration project, the Secretary shall consider

the following factors:

(A) Whether the project is part of an approved Federal

estuary management or habitat restoration plan.

(B) The technical feasibility of the project.

(C) The scientific merit of the project.

(D) Whether the project will encourage increased coordination and cooperation among Federal, State, and local

government agencies.

(E) Whether the project fosters public-private partnerships and uses Federal resources to encourage increased

private sector involvement, including consideration of the

amount of private funds or in-kind contributions for an estuary habitat restoration activity.

(F) Whether the project is cost-effective.

(G) Whether the State in which the non-Federal interest is proposing the project has a dedicated source of funding to acquire or restore estuary habitat, natural areas, and

open spaces for the benefit of estuary habitat restoration or

protection.

(H) Other factors that the Secretary determines to be

reasonable and necessary for consideration.

(4) PRIORITY.—In selecting estuary habitat restoration

projects to be carried out under this title, the Secretary shall

give priority consideration to a project if, in addition to meriting selection based on the factors under paragraph (3)—

(A) the project occurs within a watershed in which

there is a program being carried out that addresses sources

of pollution and other activities that otherwise would re-impair the restored habitat; or

(B) the project includes pilot testing of or a demonstration of an innovative technology having the potential for

improved cost-effectiveness in estuary habitat restoration.

(d) COST SHARING.—

(1) FEDERAL SHARE.—Except as provided in paragraph (2)

and subsection (e)(2), the Federal share of the cost of an estuary

habitat restoration project (other than the cost of operation and

maintenance of the project) carried out under this title shall not

exceed 65 percent of such cost.

(2) INNOVATIVE TECHNOLOGY COSTS.—The Federal share of

the incremental additional cost of including in a project pilot

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testing of or a demonstration of an innovative technology described in subsection (c)(4)(B) shall be 85 percent.

(3) NON-FEDERAL SHARE.—The non-Federal share of the

cost of an estuary habitat restoration project carried out under

this title shall include lands, easements, rights-of-way, and relocations and may include services, or any other form of in-kind

contribution determined by the Secretary to be an appropriate

contribution equivalent to the monetary amount required for the

non-Federal share of the activity.

(4) OPERATION AND MAINTENANCE.—The non-Federal interests shall be responsible for all costs associated with operating,

maintaining, replacing, repairing, and rehabilitating all

projects carried out under this section.

(e) INTERIM ACTIONS.— (1) IN GENERAL.—Pending completion of the estuary habitat

restoration strategy to be developed under section 106, the Secretary may take interim actions to carry out an estuary habitat

restoration activity.

(2) FEDERAL SHARE.—The Federal share of the cost of an

estuary habitat restoration activity before the completion of the

estuary habitat restoration strategy shall not exceed 25 percent

of such cost.

(f) COOPERATION OF NON-FEDERAL INTERESTS.—

(1) IN GENERAL.—The Secretary may not carry out an estuary habitat restoration project until a non-Federal interest has

entered into a written agreement with the Secretary in which

the non-Federal interest agrees to—

(A) provide all lands, easements, rights-of-way, and relocations and any other elements the Secretary determines

appropriate under subsection (d)(3); and

(B) provide for maintenance and monitoring of the

project.

(2) NONGOVERNMENTAL ORGANIZATIONS.—Notwithstanding

section 221(b) of the Flood Control Act of 1970 (42 U.S.C.

1962d–5b(b)), for any project to be undertaken under this title,

the Secretary, in consultation and coordination with appropriate State and local governmental agencies and Indian tribes,

may allow a nongovernmental organization to serve as the nonFederal interest for the project.

(g) DELEGATION OF PROJECT IMPLEMENTATION.—In carrying

out this title, the Secretary may delegate project implementation to

another Federal department or agency on a reimbursable basis if

the Secretary, upon the recommendation of the Council, determines

such delegation is appropriate.

SEC. 105. ESTABLISHMENT OF ESTUARY HABITAT RESTORATION

COUNCIL.

(a) COUNCIL.—There is established a council to be known as the

‘‘Estuary Habitat Restoration Council’’.

(b) DUTIES.—The Council shall be responsible for—

(1) soliciting, reviewing, and evaluating project proposals

and developing recommendations concerning such proposals

based on the factors specified in section 104(c)(3);

(2) submitting to the Secretary a list of recommended

projects, including a recommended priority order and any recommendation as to whether a project should be carried out by

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the Secretary or by another Federal department or agency

under section 104(g);

(3) developing and transmitting to Congress a national

strategy for restoration of estuary habitat;

(4) periodically reviewing the effectiveness of the national

strategy in meeting the purposes of this title and, as necessary,

updating the national strategy; and

(5) providing advice on the development of the database,

monitoring standards, and report required under sections 107

and 108.

(c) MEMBERSHIP.—The Council shall be composed of the following members:

(1) The Secretary (or the Secretary’s designee).

(2) The Under Secretary for Oceans and Atmosphere of the

Department of Commerce (or the Under Secretary’s designee).

(3) The Administrator of the Environmental Protection

Agency (or the Administrator’s designee).

(4) The Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service (or such Secretary’s designee).

(5) The Secretary of Agriculture (or such Secretary’s designee).

(6) The head of any other Federal agency designated by the

President to serve as an ex officio member of the Council.

(d) PROHIBITION OF COMPENSATION.—Members of the Council

may not receive compensation for their service as members of the

Council.

(e) CHAIRPERSON.—The chairperson shall be elected by the

Council from among its members for a 3-year term, except that the

first elected chairperson may serve a term of fewer than 3 years.

(f) CONVENING OF COUNCIL.— (1) FIRST MEETING.—The Secretary shall convene the first

meeting of the Council not later than 60 days after the date of

enactment of this Act for the purpose of electing a chairperson.

(2) ADDITIONAL MEETINGS.—The chairperson shall convene

additional meetings of the Council as often as appropriate to

ensure that this title is fully carried out, but not less often than

annually.

(g) COUNCIL PROCEDURES.—The Council shall establish procedures for voting, the conduct of meetings, and other matters, as necessary.

(h) PUBLIC PARTICIPATION.—Meetings of the Council shall be

open to the public. The Council shall provide notice to the public of

such meetings.

(i) ADVICE.—The Council shall consult with persons with recognized scientific expertise in estuary or estuary habitat restoration,

representatives of State agencies, local or regional government agencies, and nongovernmental organizations with expertise in estuary

or estuary habitat restoration, and representatives of Indian tribes,

agricultural interests, fishing interests, and other estuary users—

(A) to assist the Council in the development of the estuary habitat restoration strategy to be developed under section 106; and

(B) to provide advice and recommendations to the

Council on proposed estuary habitat restoration projects,

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including advice on the scientific merit, technical merit,

and feasibility of a project.

SEC. 106. ESTUARY HABITAT RESTORATION STRATEGY.

(a) IN GENERAL.—Not later than 1 year after the date of enactment of this Act, the Council, shall develop an estuary habitat restoration strategy designed to ensure a comprehensive approach to

maximize benefits derived from estuary habitat restoration projects

and to foster the coordination of Federal and non-Federal activities

related to restoration of estuary habitat.

(b) GOAL.—The goal of the strategy shall be the restoration of

1,000,000 acres of estuary habitat by the year 2010.

(c) INTEGRATION OF ESTUARY HABITAT RESTORATION PLANS, PROGRAMS, AND PARTNERSHIPS.—In developing the estuary habitat

restoration strategy, the Council shall—

(1) conduct a review of estuary management or habitat restoration plans and Federal programs established under other

laws that authorize funding for estuary habitat restoration activities; and

(2) ensure that the estuary habitat restoration strategy is

developed in a manner that is consistent with the estuary management or habitat restoration plans.

(d) ELEMENTS OF THE STRATEGY.—The estuary habitat restoration strategy shall include proposals, methods, and guidance on—

(1) maximizing the incentives for the creation of new public-private partnerships to carry out estuary habitat restoration

projects and the use of Federal resources to encourage increased

private sector involvement in estuary habitat restoration activities;

(2) ensuring that the estuary habitat restoration strategy

will be implemented in a manner that is consistent with the estuary management or habitat restoration plans;

(3) promoting estuary habitat restoration projects to—

(A) provide healthy ecosystems in order to support—

(i) wildlife, including endangered and threatened

species, migratory birds, and resident species of an estuary watershed; and

(ii) fish and shellfish, including commercial and

recreational fisheries;

(B) improve surface and ground water quality and

quantity, and flood control;

(C) provide outdoor recreation; and

(D) address other areas of concern that the Council determines to be appropriate for consideration;

(4) addressing the estimated historic losses, estimated current rate of loss, and extent of the threat of future loss or degradation of each type of estuary habitat;

(5) measuring the rate of change for each type of estuary

habitat;

(6) selecting a balance of smaller and larger estuary habitat restoration projects; and

(7) ensuring equitable geographic distribution of projects

funded under this title.

(e) PUBLIC REVIEW AND COMMENT.—Before the Council adopts

a final or revised estuary habitat restoration strategy, the Secretary

shall publish in the Federal Register a draft of the estuary habitat

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restoration strategy and provide an opportunity for public review

and comment.

(f) PERIODIC REVISION.—Using data and information developed

through project monitoring and management, and other relevant information, the Council may periodically review and update, as necessary, the estuary habitat restoration strategy.

SEC. 107. MONITORING OF ESTUARY HABITAT RESTORATION

PROJECTS.

(a) UNDER SECRETARY.—In this section, the term ‘‘Under Secretary’’ means the Under Secretary for Oceans and Atmosphere of

the Department of Commerce.

(b) DATABASE OF RESTORATION PROJECT INFORMATION.—The

Under Secretary, in consultation with the Council, shall develop

and maintain an appropriate database of information concerning

estuary habitat restoration projects carried out under this title, including information on project techniques, project completion, monitoring data, and other relevant information.

(c) MONITORING DATA STANDARDS.—The Under Secretary, in

consultation with the Council, shall develop standard data formats

for monitoring projects, along with requirements for types of data

collected and frequency of monitoring.

(d) COORDINATION OF DATA.—The Under Secretary shall compile information that pertains to estuary habitat restoration projects

from other Federal, State, and local sources and that meets the

quality control requirements and data standards established under

this section.

(e) USE OF EXISTING PROGRAMS.—The Under Secretary shall

use existing programs within the National Oceanic and Atmospheric

Administration to create and maintain the database required under

this section.

(f) PUBLIC AVAILABILITY.—The Under Secretary shall make the

information collected and maintained under this section available

to the public.

SEC. 108. REPORTING.

(a) IN GENERAL.—At the end of the third and fifth fiscal years

following the date of enactment of this Act, the Secretary, after considering the advice and recommendations of the Council, shall

transmit to Congress a report on the results of activities carried out

under this title.

(b) CONTENTS OF REPORT.—A report under subsection (a) shall

include—

(1) data on the number of acres of estuary habitat restored

under this title, including descriptions of, and partners involved with, projects selected, in progress, and completed under

this title that comprise those acres;

(2) information from the database established under section

107(b) related to ongoing monitoring of projects to ensure that

short-term and long-term restoration goals are achieved;

(3) an estimate of the long-term success of varying restoration techniques used in carrying out estuary habitat restoration

projects;

(4) a review of how the information described in paragraphs (1) through (3) has been incorporated in the selection

and implementation of estuary habitat restoration projects;

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(5) a review of efforts made to maintain an appropriate

database of restoration projects carried out under this title; and

(6) a review of the measures taken to provide the information described in paragraphs (1) through (3) to persons with responsibility for assisting in the restoration of estuary habitat.

SEC. 109. FUNDING.

(a) AUTHORIZATION OF APPROPRIATIONS.—

(1) ESTUARY HABITAT RESTORATION PROJECTS.—There is

authorized to be appropriated to the Secretary for carrying out

and providing technical assistance for estuary habitat restoration projects—

(A) $40,000,000 for fiscal year 2001;

(B) $50,000,000 for each of fiscal years 2002 and 2003;

(C) $60,000,000 for fiscal year 2004; and

(D) $75,000,000 for fiscal year 2005.

Such sums shall remain available until expended.

(2) MONITORING.—There is authorized to be appropriated to

the Under Secretary for Oceans and Atmosphere of the Department of Commerce for the acquisition, maintenance, and management of monitoring data on restoration projects carried out

under this title, $1,500,000 for each of fiscal years 2001 through

2005. Such sums shall remain available until expended.

(b) SET-ASIDE FOR ADMINISTRATIVE EXPENSES OF THE COUNCIL.—Not to exceed 3 percent of the amounts appropriated for a fiscal year under subsection (a)(1) or $1,500,000, whichever is greater,

may be used by the Secretary for administration and operation of

the Council.

SEC. 110. GENERAL PROVISIONS.

(a) AGENCY CONSULTATION AND COORDINATION.—In carrying

out this title, the Secretary shall, as necessary, consult with, cooperate with, and coordinate its activities with the activities of other

Federal departments and agencies.

(b) COOPERATIVE AGREEMENTS; MEMORANDA OF UNDERSTANDING.—In carrying out this title, the Secretary may—

(1) enter into cooperative agreements with Federal, State,

and local government agencies and other entities; and

(2) execute such memoranda of understanding as are necessary to reflect the agreements.

(c) FEDERAL AGENCY FACILITIES AND PERSONNEL.—Federal

agencies may cooperate in carrying out scientific and other programs necessary to carry out this title, and may provide facilities

and personnel, for the purpose of assisting the Council in carrying

out its duties under this title.

(d) IDENTIFICATION AND MAPPING OF DREDGED MATERIAL DISPOSAL SITES.—In consultation with appropriate Federal and nonFederal public entities, the Secretary shall undertake, and update

as warranted by changed conditions, surveys to identify and map

sites appropriate for beneficial uses of dredged material for the protection, restoration, and creation of aquatic and ecologically related

habitats, including wetlands, in order to further the purposes of this

title.

(e) STUDY OF BIOREMEDIATION TECHNOLOGY.—

(1) IN GENERAL.—Not later than 180 days after the date of

enactment of this Act, the Administrator of the Environmental

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Protection Agency, with the participation of the estuarine scientific community, shall begin a 2-year study on the efficacy of

bioremediation products.

(2) REQUIREMENTS.—The study shall—

(A) evaluate and assess bioremediation technology—

(i) on low-level petroleum hydrocarbon contamination from recreational boat bilges;

(ii) on low-level petroleum hydrocarbon contamination from stormwater discharges;

(iii) on nonpoint petroleum hydrocarbon discharges; and

(iv) as a first response tool for petroleum hydrocarbon spills; and

(B) recommend management actions to optimize the return of a healthy and balanced ecosystem and make improvements in the quality and character of estuarine waters.

TITLE II—CHESAPEAKE BAY

RESTORATION

SEC. 201. SHORT TITLE.

This title may be cited as the ‘‘Chesapeake Bay Restoration Act

of 2000’’.

SEC. 202. FINDINGS AND PURPOSES.

(a) FINDINGS.—Congress finds that—

(1) the Chesapeake Bay is a national treasure and a resource of worldwide significance;

(2) over many years, the productivity and water quality of

the Chesapeake Bay and its watershed were diminished by pollution, excessive sedimentation, shoreline erosion, the impacts of

population growth and development in the Chesapeake Bay watershed, and other factors;

(3) the Federal Government (acting through the Administrator of the Environmental Protection Agency), the Governor of

the State of Maryland, the Governor of the Commonwealth of

Virginia, the Governor of the Commonwealth of Pennsylvania,

the Chairperson of the Chesapeake Bay Commission, and the

mayor of the District of Columbia, as Chesapeake Bay Agreement signatories, have committed to a comprehensive cooperative program to achieve improved water quality and improvements in the productivity of living resources of the Bay;

(4) the cooperative program described in paragraph (3)

serves as a national and international model for the management of estuaries; and

(5) there is a need to expand Federal support for monitoring, management, and restoration activities in the Chesapeake Bay and the tributaries of the Bay in order to meet and

further the original and subsequent goals and commitments of

the Chesapeake Bay Program.

(b) PURPOSES.—The purposes of this title are—

(1) to expand and strengthen cooperative efforts to restore

and protect the Chesapeake Bay; and

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(2) to achieve the goals established in the Chesapeake Bay

Agreement.

SEC. 203. CHESAPEAKE BAY.

Section 117 of the Federal Water Pollution Control Act (33

U.S.C. 1267) is amended to read as follows:

‘‘SEC. 117. CHESAPEAKE BAY.

‘‘(a) DEFINITIONS.—In this section, the following definitions

apply:

‘‘(1) ADMINISTRATIVE COST.—The term ‘administrative cost’

means the cost of salaries and fringe benefits incurred in administering a grant under this section.

‘‘(2) CHESAPEAKE BAY AGREEMENT.—The term ‘Chesapeake

Bay Agreement’ means the formal, voluntary agreements executed to achieve the goal of restoring and protecting the Chesapeake Bay ecosystem and the living resources of the Chesapeake

Bay ecosystem and signed by the Chesapeake Executive Council.

‘‘(3) CHESAPEAKE BAY ECOSYSTEM.—The term ‘Chesapeake

Bay ecosystem’ means the ecosystem of the Chesapeake Bay and

its watershed.

‘‘(4) CHESAPEAKE BAY PROGRAM.—The term ‘Chesapeake

Bay Program’ means the program directed by the Chesapeake

Executive Council in accordance with the Chesapeake Bay

Agreement.

‘‘(5) CHESAPEAKE EXECUTIVE COUNCIL.—The term ‘Chesapeake Executive Council’ means the signatories to the Chesapeake Bay Agreement.

‘‘(6) SIGNATORY JURISDICTION.—The term ‘signatory jurisdiction’ means a jurisdiction of a signatory to the Chesapeake

Bay Agreement.

‘‘(b) CONTINUATION OF CHESAPEAKE BAY PROGRAM.—

‘‘(1) IN GENERAL.—In cooperation with the Chesapeake Executive Council (and as a member of the Council), the Administrator shall continue the Chesapeake Bay Program.

‘‘(2) PROGRAM OFFICE.—

‘‘(A) IN GENERAL.—The Administrator shall maintain

in the Environmental Protection Agency a Chesapeake Bay

Program Office.

‘‘(B) FUNCTION.—The Chesapeake Bay Program Office

shall provide support to the Chesapeake Executive Council

by—

‘‘(i) implementing and coordinating science, research, modeling, support services, monitoring, data

collection, and other activities that support the Chesapeake Bay Program;

‘‘(ii) developing and making available, through

publications, technical assistance, and other appropriate means, information pertaining to the environmental quality and living resources of the Chesapeake

Bay ecosystem;

‘‘(iii) in cooperation with appropriate Federal,

State, and local authorities, assisting the signatories to

the Chesapeake Bay Agreement in developing and implementing specific action plans to carry out the reVerDate 11-MAY-2000 15:07 Oct 25, 2000 Jkt 089006 PO 00000 Frm 00012 Fmt 6659 Sfmt 6603 E:\HR\OC\HR995.XXX pfrm11 PsN: HR995
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sponsibilities of the signatories to the Chesapeake Bay

Agreement;

‘‘(iv) coordinating the actions of the Environmental

Protection Agency with the actions of the appropriate

officials of other Federal agencies and State and local

authorities in developing strategies to—

‘‘(I) improve the water quality and living resources in the Chesapeake Bay ecosystem; and

‘‘(II) obtain the support of the appropriate officials of the agencies and authorities in achieving

the objectives of the Chesapeake Bay Agreement;

and

‘‘(v) implementing outreach programs for public information, education, and participation to foster stewardship of the resources of the Chesapeake Bay.

‘‘(c) INTERAGENCY AGREEMENTS.—The Administrator may enter

into an interagency agreement with a Federal agency to carry out

this section.

‘‘(d) TECHNICAL ASSISTANCE AND ASSISTANCE GRANTS.— ‘‘(1) IN GENERAL.—In cooperation with the Chesapeake Executive Council, the Administrator may provide technical assistance, and assistance grants, to nonprofit organizations, State

and local governments, colleges, universities, and interstate

agencies to carry out this section, subject to such terms and conditions as the Administrator considers appropriate.

‘‘(2) FEDERAL SHARE.— ‘‘(A) IN GENERAL.—Except as provided in subparagraph

(B), the Federal share of an assistance grant provided

under paragraph (1) shall be determined by the Administrator in accordance with guidance issued by the Administrator.

‘‘(B) SMALL WATERSHED GRANTS PROGRAM.—The Federal share of an assistance grant provided under paragraph (1) to carry out an implementing activity under subsection (g)(2) shall not exceed 75 percent of eligible project

costs, as determined by the Administrator.

‘‘(3) NON-FEDERAL SHARE.—An assistance grant under

paragraph (1) shall be provided on the condition that non-Federal sources provide the remainder of eligible project costs, as

determined by the Administrator.

‘‘(4) ADMINISTRATIVE COSTS.—Administrative costs shall

not exceed 10 percent of the annual grant award.

‘‘(e) IMPLEMENTATION AND MONITORING GRANTS.—

‘‘(1) IN GENERAL.—If a signatory jurisdiction has approved

and committed to implement all or substantially all aspects of

the Chesapeake Bay Agreement, on the request of the chief executive of the jurisdiction, the Administrator—

‘‘(A) shall make a grant to the jurisdiction for the purpose of implementing the management mechanisms established under the Chesapeake Bay Agreement, subject to

such terms and conditions as the Administrator considers

appropriate; and

‘‘(B) may make a grant to a signatory jurisdiction for

the purpose of monitoring the Chesapeake Bay ecosystem.

‘‘(2) PROPOSALS.—

14

‘‘(A) IN GENERAL.—A signatory jurisdiction described

in paragraph (1) may apply for a grant under this subsection for a fiscal year by submitting to the Administrator

a comprehensive proposal to implement management mechanisms established under the Chesapeake Bay Agreement.

‘‘(B) CONTENTS.—A proposal under subparagraph (A)

shall include—

‘‘(i) a description of proposed management mechanisms that the jurisdiction commits to take within a

specified time period, such as reducing or preventing

pollution in the Chesapeake Bay and its watershed or

meeting applicable water quality standards or established goals and objectives under the Chesapeake Bay

Agreement; and

‘‘(ii) the estimated cost of the actions proposed to be

taken during the fiscal year.

‘‘(3) APPROVAL.—If the Administrator finds that the proposal is consistent with the Chesapeake Bay Agreement and the

national goals established under section 101(a), the Administrator may approve the proposal for an award.

‘‘(4) FEDERAL SHARE.—The Federal share of a grant under

this subsection shall not exceed 50 percent of the cost of implementing the management mechanisms during the fiscal year.

‘‘(5) NON-FEDERAL SHARE.—A grant under this subsection

shall be made on the condition that non-Federal sources provide the remainder of the costs of implementing the management mechanisms during the fiscal year.

‘‘(6) ADMINISTRATIVE COSTS.—Administrative costs shall

not exceed 10 percent of the annual grant award.

‘‘(7) REPORTING.—On or before October 1 of each fiscal

year, the Administrator shall make available to the public a

document that lists and describes, in the greatest practicable

degree of detail—

‘‘(A) all projects and activities funded for the fiscal

year;

‘‘(B) the goals and objectives of projects funded for the

previous fiscal year; and

‘‘(C) the net benefits of projects funded for previous fiscal years.

‘‘(f) FEDERAL FACILITIES AND BUDGET COORDINATION.—

‘‘(1) SUBWATERSHED PLANNING AND RESTORATION.—A Federal agency that owns or operates a facility (as defined by the

Administrator) within the Chesapeake Bay watershed shall participate in regional and subwatershed planning and restoration

programs.

‘‘(2) COMPLIANCE WITH AGREEMENT.—The head of each Federal agency that owns or occupies real property in the Chesapeake Bay watershed shall ensure that the property, and actions taken by the agency with respect to the property, comply

with the Chesapeake Bay Agreement, the Federal Agencies

Chesapeake Ecosystem Unified Plan, and any subsequent agreements and plans.

‘‘(3) BUDGET COORDINATION.—

‘‘(A) IN GENERAL.—As part of the annual budget submission of each Federal agency with projects or grants reVerDate 11-MAY-2000 15:07 Oct 25, 2000 Jkt 089006 PO 00000 Frm 00014 Fmt 6659 Sfmt 6603 E:\HR\OC\HR995.XXX pfrm11 PsN: HR995
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lated to restoration, planning, monitoring, or scientific investigation of the Chesapeake Bay ecosystem, the head of

the agency shall submit to the President a report that describes plans for the expenditure of the funds under this

section.

‘‘(B) DISCLOSURE TO THE COUNCIL.—The head of each

agency referred to in subparagraph (A) shall disclose the

report under that subparagraph with the Chesapeake Executive Council as appropriate.

‘‘(g) CHESAPEAKE BAY PROGRAM.— ‘‘(1) MANAGEMENT STRATEGIES.—The Administrator, in coordination with other members of the Chesapeake Executive

Council, shall ensure that management plans are developed

and implementation is begun by signatories to the Chesapeake

Bay Agreement to achieve and maintain—

‘‘(A) the nutrient goals of the Chesapeake Bay Agreement for the quantity of nitrogen and phosphorus entering

the Chesapeake Bay and its watershed;

‘‘(B) the water quality requirements necessary to restore

living resources in the Chesapeake Bay ecosystem;

‘‘(C) the Chesapeake Bay Basinwide Toxins Reduction

and Prevention Strategy goal of reducing or eliminating the

input of chemical contaminants from all controllable

sources to levels that result in no toxic or bioaccumulative

impact on the living resources of the Chesapeake Bay ecosystem or on human health;

‘‘(D) habitat restoration, protection, creation, and enhancement goals established by Chesapeake Bay Agreement

signatories for wetlands, riparian forests, and other types of

habitat associated with the Chesapeake Bay ecosystem; and

‘‘(E) the restoration, protection, creation, and enhancement goals established by the Chesapeake Bay Agreement

signatories for living resources associated with the Chesapeake Bay ecosystem.

‘‘(2) SMALL WATERSHED GRANTS PROGRAM.—The Administrator, in cooperation with the Chesapeake Executive Council,

shall—

‘‘(A) establish a small watershed grants program as

part of the Chesapeake Bay Program; and

‘‘(B) offer technical assistance and assistance grants

under subsection (d) to local governments and nonprofit organizations and individuals in the Chesapeake Bay region

to implement—

‘‘(i) cooperative tributary basin strategies that address the water quality and living resource needs in the

Chesapeake Bay ecosystem; and

‘‘(ii) locally based protection and restoration programs or projects within a watershed that complement

the tributary basin strategies, including the creation,

restoration, protection, or enhancement of habitat associated with the Chesapeake Bay ecosystem.

‘‘(h) STUDY OF CHESAPEAKE BAY PROGRAM.—

‘‘(1) IN GENERAL.—Not later than April 22, 2003, and every

5 years thereafter, the Administrator, in coordination with the

Chesapeake Executive Council, shall complete a study and subVerDate 11-MAY-2000 15:07 Oct 25, 2000 Jkt 089006 PO 00000 Frm 00015 Fmt 6659 Sfmt 6603 E:\HR\OC\HR995.XXX pfrm11 PsN: HR995
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mit to Congress a comprehensive report on the results of the

study.

‘‘(2) REQUIREMENTS.—The study and report shall—

‘‘(A) assess the state of the Chesapeake Bay ecosystem;

‘‘(B) compare the current state of the Chesapeake Bay

ecosystem with its state in 1975, 1985, and 1995;

‘‘(C) assess the effectiveness of management strategies

being implemented on the date of enactment of this section

and the extent to which the priority needs are being met;

‘‘(D) make recommendations for the improved management of the Chesapeake Bay Program either by strengthening strategies being implemented on the date of enactment of this section or by adopting new strategies; and

‘‘(E) be presented in such a format as to be readily

transferable to and usable by other watershed restoration

programs.

‘‘(i) SPECIAL STUDY OF LIVING RESOURCE RESPONSE.—

‘‘(1) IN GENERAL.—Not later than 180 days after the date

of enactment of this section, the Administrator shall commence

a 5-year special study with full participation of the scientific

community of the Chesapeake Bay to establish and expand understanding of the response of the living resources of the Chesapeake Bay ecosystem to improvements in water quality that

have resulted from investments made through the Chesapeake

Bay Program.

‘‘(2) REQUIREMENTS.—The study shall—

‘‘(A) determine the current status and trends of living

resources, including grasses, benthos, phytoplankton,

zooplankton, fish, and shellfish;

‘‘(B) establish to the extent practicable the rates of recovery of the living resources in response to improved water

quality condition;

‘‘(C) evaluate and assess interactions of species, with

particular attention to the impact of changes within and

among trophic levels; and

‘‘(D) recommend management actions to optimize the

return of a healthy and balanced ecosystem in response to

improvements in the quality and character of the waters of

the Chesapeake Bay.

‘‘(j) AUTHORIZATION OF APPROPRIATIONS.—There is authorized

to be appropriated to carry out this section $40,000,000 for each of

fiscal years 2001 through 2005. Such sums shall remain available

until expended.’’.

TITLE III—NATIONAL ESTUARY

PROGRAM

SEC. 301. ADDITION TO NATIONAL ESTUARY PROGRAM.

Section 320(a)(2)(B) of the Federal Water Pollution Control Act

(33 U.S.C. 1330(a)(2)(B)) is amended by inserting ‘‘Lake Pontchartrain Basin, Louisiana and Mississippi;’’ before ‘‘and Peconic

Bay, New York.’’.

17

SEC. 302. GRANTS.

Section 320(g) of the Federal Water Pollution Control Act (33

U.S.C. 1330(g)) is amended by striking paragraphs (2) and (3) and

inserting the following:

‘‘(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.’’.

SEC. 303. AUTHORIZATION OF APPROPRIATIONS.

Section 320(i) of the Federal Water Pollution Control Act (33

U.S.C. 1330(i)) is amended by striking ‘‘$12,000,000 per fiscal year

for each of fiscal years 1987, 1988, 1989, 1990, and 1991’’ and inserting ‘‘$35,000,000 for each of fiscal years 2001 through 2005’’.

TITLE IV—LONG ISLAND SOUND

RESTORATION

SEC. 401. SHORT TITLE.

This title may be cited as the ‘‘Long Island Sound Restoration

Act’’.

SEC. 402. INNOVATIVE METHODOLOGIES AND TECHNOLOGIES.

Section 119(c)(1) of the Federal Water Pollution Control Act (33

U.S.C. 1269(c)(1)) is amended by inserting ‘‘, 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 consistent with the goals of the Plan’’ before the semicolon at the end.

SEC. 403. ASSISTANCE FOR DISTRESSED COMMUNITIES.

Section 119 of the Federal Water Pollution Control Act (33

U.S.C. 1269) is amended—

(1) by redesignating subsection (e) as subsection (f); and

(2) by inserting after subsection (d) the following:

‘‘(e) ASSISTANCE TO DISTRESSED COMMUNITIES.—

‘‘(1) ELIGIBLE COMMUNITIES.—For the purposes of this subsection, a distressed 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 treatment facilities, the

Administrator may give priority to a distressed community.’’.

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SEC. 404. AUTHORIZATION OF APPROPRIATIONS.

Section 119(f) of the Federal Water Pollution Control Act (as redesignated by section 403 of this Act) is amended—

(1) in paragraph (1) by striking ‘‘1991 through 2001’’ and

inserting ‘‘2001 through 2005’’; and

(2) in paragraph (2) by striking ‘‘not to exceed $3,000,000

for each of the fiscal years 1991 through 2001’’ and inserting

‘‘not to exceed $40,000,000 for each of fiscal years 2001 through

2005’’.

TITLE V—LAKE PONTCHARTRAIN BASIN

RESTORATION

SEC. 501. SHORT TITLE.

This title may be cited as the ‘‘Lake Pontchartrain Basin Restoration Act of 2000’’.

SEC. 502. LAKE PONTCHARTRAIN BASIN.

Title I of the Federal Water Pollution Control Act (33 U.S.C.

1251 et seq.) is amended by adding at the end the following:

‘‘SEC. 121. LAKE PONTCHARTRAIN BASIN.

‘‘(a) ESTABLISHMENT OF RESTORATION PROGRAM.—The Administrator shall establish within the Environmental Protection Agency

the Lake Pontchartrain Basin Restoration Program.

‘‘(b) PURPOSE.—The purpose of the program shall be to restore

the ecological health of the Basin by developing and funding restoration projects and related scientific and public education

projects.

‘‘(c) DUTIES.—In carrying out the program, the Administrator

shall—

‘‘(1) provide administrative and technical assistance to a

management conference convened for the Basin under section

320;

‘‘(2) assist and support the activities of the management

conference, including the implementation of recommendations of

the management conference;

‘‘(3) support environmental monitoring of the Basin and research to provide necessary technical and scientific information;

‘‘(4) develop a comprehensive research plan to address the

technical needs of the program;

‘‘(5) coordinate the grant, research, and planning programs

authorized under this section; and

‘‘(6) collect and make available to the public publications,

and other forms of information the management conference determines to be appropriate, relating to the environmental quality of the Basin.

‘‘(d) GRANTS.—The Administrator may make grants—

‘‘(1) for restoration projects and studies recommended by a

management conference convened for the Basin under section

320; and

‘‘(2) for public education projects recommended by the management conference.

‘‘(e) DEFINITIONS.—In this section, the following definitions

apply:

19

‘‘(1) BASIN.—The term ‘Basin’ means the Lake Pontchartrain Basin, a 5,000 square mile watershed encompassing

16 parishes in the State of Louisiana and 4 counties in the

State of Mississippi.

‘‘(2) PROGRAM.—The term ‘program’ means the Lake Pontchartrain Basin Restoration Program established under subsection (a).

‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(1) IN GENERAL.—There is authorized to be appropriated to carry out this section $20,000,000 for each of fiscal years 2001

through 2005. Such sums shall remain available until expended.

‘‘(2) PUBLIC EDUCATION PROJECTS.—Not more that 15 percent of the amount appropriated pursuant to paragraph (1) in

a fiscal year may be expended on grants for public education

projects under subsection (d)(2).’’.

TITLE VI—ALTERNATIVE WATER

SOURCES

SEC. 601. SHORT TITLE.

This title may be cited as the ‘‘Alternative Water Sources Act of

2000’’.

SEC. 602. PILOT PROGRAM FOR ALTERNATIVE WATER SOURCE

PROJECTS.

Title II the Federal Water Pollution Control Act (33 U.S.C.

1281 et seq.) is amended by adding at the end the following:

‘‘SEC. 220. PILOT PROGRAM FOR ALTERNATIVE WATER SOURCE

PROJECTS.

‘‘(a) POLICY.—Nothing in this section shall be construed to affect the application of section 101(g) of this Act and all of the provisions of this section shall be carried out in accordance with the provisions of section 101(g).

‘‘(b) IN GENERAL.—The Administrator may establish a pilot program to make grants to State, interstate, and intrastate water resource development agencies (including water management districts

and water supply authorities), local government agencies, private

utilities, and nonprofit entities for alternative water source projects

to meet critical water supply needs.

‘‘(c) ELIGIBLE ENTITY.—The Administrator may make grants

under this section to an entity only if the entity has authority under

State law to develop or provide water for municipal, industrial, and

agricultural uses in an area of the State that is experiencing critical

water supply needs.

‘‘(d) SELECTION OF PROJECTS.— ‘‘(1) LIMITATION.—A project that has received funds under

the reclamation and reuse program conducted under the Reclamation Projects Authorization and Adjustment Act of 1992

(43 U.S.C. 390h et seq.) shall not be eligible for grant assistance

under this section.

‘‘(2) ADDITIONAL CONSIDERATION.—In making grants under

this section, the Administrator shall consider whether the

project is located within the boundaries of a State or area referred to in section 1 of the Reclamation Act of June 17, 1902

20

(32 Stat. 385), and within the geographic scope of the reclamation and reuse program conducted under the Reclamation

Projects Authorization and Adjustment Act of 1992 (43 U.S.C.

390h et seq.).

‘‘(3) GEOGRAPHICAL DISTRIBUTION.—Alternative water

source projects selected by the Administrator under this section

shall reflect a variety of geographical and environmental conditions.

‘‘(e) COMMITTEE RESOLUTION PROCEDURE.—

‘‘(1) IN GENERAL.—No appropriation shall be made for any

alternative water source project under this section, the total

Federal cost of which exceeds $3,000,000, if such project has not

been approved by a resolution adopted by the Committee on

Transportation and Infrastructure of the House of Representatives or the Committee on Environment and Public Works of the

Senate.

‘‘(2) REQUIREMENTS FOR SECURING CONSIDERATION.—For

purposes of securing consideration of approval under paragraph

(1), the Administrator shall provide to a committee referred to

in paragraph (1) such information as the committee requests

and the non-Federal sponsor shall provide to the committee information on the costs and relative needs for the alternative

water source project.

‘‘(f) USES OF GRANTS.—Amounts from grants received under

this section may be used for engineering, design, construction, and

final testing of alternative water source projects designed to meet

critical water supply needs. Such amounts may not be used for

planning, feasibility studies or for operation, maintenance, replacement, repair, or rehabilitation.

‘‘(g) COST SHARING.—The Federal share of the eligible costs of

an alternative water source project carried out using assistance

made available under this section shall not exceed 50 percent.

‘‘(h) REPORTS.—On or before September 30, 2004, the Administrator shall transmit to Congress a report on the results of the pilot

program established under this section, including progress made toward meeting the critical water supply needs of the participants in

the pilot program.

‘‘(i) DEFINITIONS.—In this section, the following definitions

apply:

‘‘(1) ALTERNATIVE WATER SOURCE PROJECT.—The term ‘alternative water source project’ means a project designed to provide municipal, industrial, and agricultural water supplies in

an environmentally sustainable manner by conserving, managing, reclaiming, or reusing water or wastewater or by treating

wastewater. Such term does not include water treatment or distribution facilities.

‘‘(2) CRITICAL WATER SUPPLY NEEDS.—The term ‘critical

water supply needs’ means existing or reasonably anticipated

future water supply needs that cannot be met by existing water

supplies, as identified in a comprehensive statewide or regional

water supply plan or assessment projected over a planning period of at least 20 years.

‘‘(j) AUTHORIZATION OF APPROPRIATIONS.—There is authorized

to be appropriated to carry out this section a total of $75,000,000

21

for fiscal years 2002 through 2004. Such sums shall remain available until expended.’’.

TITLE VII—CLEAN LAKES

SEC. 701. GRANTS TO STATES.

Section 314(c)(2) of the Federal Water Pollution Control Act (33

U.S.C. 1324(c)(2)) is amended by striking ‘‘$50,000,000’’ the first

place it appears and all that follows through ‘‘1990’’ and inserting

‘‘$50,000,000 for each of fiscal years 2001 through 2005’’.

SEC. 702. DEMONSTRATION PROGRAM.

Section 314(d) of the Federal Water Pollution Control Act (33

U.S.C. 1324(d)) is amended—

(1) in paragraph (2) by inserting ‘‘Otsego Lake, New York;

Oneida Lake, New York; Raystown Lake, Pennsylvania; Swan

Lake, Itasca County, Minnesota; Walker Lake, Nevada; Lake

Tahoe, California and Nevada; Ten Mile Lakes, Oregon;

Woahink Lake, Oregon; Highland Lake, Connecticut; Lily Lake,

New Jersey; Strawbridge Lake, New Jersey; Baboosic Lake,

New Hampshire; French Pond, New Hampshire; Dillon Reservoir, Ohio; Tohopekaliga Lake, Florida; Lake Apopka, Florida; Lake George, New York; Lake Wallenpaupack, Pennsylvania; Lake Allatoona, Georgia;’’ after ‘‘Sauk Lake, Minnesota;’’;

(2) in paragraph (3) by striking ‘‘By’’ and inserting ‘‘Notwithstanding section 3003 of the Federal Reports Elimination

and Sunset Act of 1995 (31 U.S.C. 1113 note; 109 Stat. 734–

736), by’’; and

(3) in paragraph (4)(B)(i) by striking ‘‘$15,000,000’’ and inserting ‘‘$25,000,000’’.

TITLE VIII—TIJUANA RIVER VALLEY

ESTUARY AND BEACH CLEANUP

SEC. 801. SHORT TITLE.

This title may be cited as the ‘‘Tijuana River Valley Estuary

and Beach Sewage Cleanup Act of 2000’’.

SEC. 802. PURPOSE.

The purpose of this title is to authorize the United States to

take actions to address comprehensively the treatment of sewage

emanating from the Tijuana River area, Mexico, that flows untreated or partially treated into the United States causing significant adverse public health and environmental impacts.

SEC. 803. DEFINITIONS.

In this title, the following definitions apply:

(1) ADMINISTRATOR.—The term ‘‘Administrator’’ means the

Administrator of the Environmental Protection Agency.

(2) COMMISSION.—The term ‘‘Commission’’ means the

United States section of the International Boundary and Water

Commission, United States and Mexico.

(3) IWTP.—The term ‘‘IWTP’’ means the South Bay International Wastewater Treatment Plant constructed under the

provisions of the Federal Water Pollution Control Act (33

22

U.S.C. 1251 et seq.), section 510 of the Water Quality Act of

1987 (101 Stat. 80–82), and Treaty Minutes to the Treaty for

the Utilization of Waters of the Colorado and Tijuana Rivers

and of the Rio Grande, dated February 3, 1944.

(4) SECONDARY TREATMENT.—The term ‘‘secondary treatment’’ has the meaning such term has under the Federal Water

Pollution Control Act and its implementing regulations.

(5) SECRETARY.—The term ‘‘Secretary’’ means the Secretary

of State.

(6) MEXICAN FACILITY.—The term ‘‘Mexican facility’’ means

a proposed public-private wastewater treatment facility to be

constructed and operated under this title within Mexico for the

purpose of treating sewage flows generated within Mexico,

which flows impact the surface waters, health, and safety of the

United States and Mexico.

(7) MGD.—The term ‘‘mgd’’ means million gallons per day.

SEC. 804. ACTIONS TO BE TAKEN BY THE COMMISSION AND THE ADMINISTRATOR.

(a) SECONDARY TREATMENT.— (1) IN GENERAL.—Subject to the negotiation and conclusion

of a new Treaty Minute or the amendment of Treaty Minute 283

under section 1005 of this Act, and notwithstanding section

510(b)(2) of the Water Quality Act of 1987 (101 Stat. 81), the

Commission is authorized and directed to provide for the secondary treatment of a total of not more than 50 mgd in

Mexico—

(A) of effluent from the IWTP if such treatment is not

provided for at a facility in the United States; and

(B) of additional sewage emanating from the Tijuana

River area, Mexico.

(2) ADDITIONAL AUTHORITY.—Subject to the results of the

comprehensive plan developed under subsection (b) revealing a

need for additional secondary treatment capacity in the San

Diego-Tijuana border region and recommending the provision

of such capacity in Mexico, the Commission may provide not

more than an additional 25 mgd of secondary treatment capacity in Mexico for treatment described in paragraph (1).

(b) COMPREHENSIVE PLAN.—Not later than 24 months after the

date of enactment of this Act, the Administrator shall develop a

comprehensive plan with stakeholder involvement to address the

transborder sanitation problems in the San Diego-Tijuana border

region. The plan shall include, at a minimum—

(1) an analysis of the long-term secondary treatment needs

of the region;

(2) an analysis of upgrades in the sewage collection system

serving the Tijuana area, Mexico; and

(3) an identification of options, and recommendations for

preferred options, for additional sewage treatment capacity for

future flows emanating from the Tijuana River area, Mexico.

(c) CONTRACT.—

(1) IN GENERAL.—Subject to the availability of appropriations to carry out this subsection and notwithstanding any provision of Federal procurement law, upon conclusion of a new

Treaty Minute or the amendment of Treaty Minute 283 under

section 5, the Commission may enter into a fee-for-services conVerDate 11-MAY-2000 15:07 Oct 25, 2000 Jkt 089006 PO 00000 Frm 00022 Fmt 6659 Sfmt 6603 E:\HR\OC\HR995.XXX pfrm11 PsN: HR995
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tract with the owner of a Mexican facility in order to carry out

the secondary treatment requirements of subsection (a) and

make payments under such contract.

(2) TERMS.—Any contract under this subsection shall provide, at a minimum, for the following:

(A) Transportation of the advanced primary effluent

from the IWTP to the Mexican facility for secondary treatment.

(B) Treatment of the advanced primary effluent from

the IWTP to the secondary treatment level in compliance

with water quality laws of the United States, California,

and Mexico.

(C) Return conveyance from the Mexican facility of any

such treated effluent that cannot be reused in either Mexico

or the United States to the South Bay Ocean Outfall for

discharge into the Pacific Ocean in compliance with water

quality laws of the United States and California.

(D) Subject to the requirements of subsection (a), additional sewage treatment capacity that provides for advanced primary and secondary treatment of sewage described in subsection (a)(1)(B) in addition to the capacity

required to treat the advanced primary effluent from the

IWTP.

(E) A contract term of 20 years.

(F) Arrangements for monitoring, verification, and enforcement of compliance with United States, California,

and Mexican water quality standards.

(G) Arrangements for the disposal and use of sludge,

produced from the IWTP and the Mexican facility, at a location or locations in Mexico.

(H) Maintenance by the owner of the Mexican facility

at all times throughout the term of the contract of a 20 percent equity position in the capital structure of the Mexican

facility.

(I) Payment of fees by the Commission to the owner of

the Mexican facility for sewage treatment services with the

annual amount payable to reflect all agreed upon costs associated with the development, financing, construction, operation, and maintenance of the Mexican facility, with such

annual payment to maintain the owner’s 20 percent equity

position throughout the term of the contract.

(J) Provision for the transfer of ownership of the Mexican facility to the United States, and provision for a cancellation fee by the United States to the owner of the Mexican facility, if the Commission fails to perform its obligations under the contract. The cancellation fee shall be in

amounts declining over the term of the contract anticipated

to be sufficient to repay construction debt and other

amounts due to the owner that remain unamortized due to

early termination of the contract.

(K) Provision for the transfer of ownership of the Mexican facility to the United States, without a cancellation fee,

if the owner of the Mexican facility fails to perform the obligations of the owner under the contract.

24

(L) The use of competitive procedures, consistent with

title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.), by the owner of the

Mexican facility in the procurement of property or services

for the engineering, construction, and operation and maintenance of the Mexican facility.

(M) An opportunity for the Commission to review and

approve the selection of contractors providing engineering,

construction, and operation and maintenance for the Mexican facility.

(N) The maintenance by the owner of the Mexican facility of all records (including books, documents, papers, reports, and other materials) necessary to demonstrate compliance with the terms of this section and the contract.

(O) Access by the Inspector General of the Department

of State or the designee of the Inspector General for audit

and examination of all records maintained pursuant to

subparagraph (N) to facilitate the monitoring and evaluation required under subsection (d).

(P) Offsets or credits against the payments to be made

by the Commission under this section to reflect an agreed

upon percentage of payments that the owner of the Mexican

facility receives through the sale of water treated by the facility.

(d) IMPLEMENTATION.—

(1) IN GENERAL.—The Inspector General of the Department

of State shall monitor the implementation of any contract entered into under this section and evaluate the extent to which

the owner of the Mexican facility has met the terms of this section and fulfilled the terms of the contract.

(2) REPORT.—The Inspector General shall transmit to Congress a report containing the evaluation under paragraph (1)

not later than 2 years after the execution of any contract with

the owner of the Mexican facility under this section, 3 years

thereafter, and periodically after the second report under this

paragraph.

SEC. 805. NEGOTIATION OF NEW TREATY MINUTE.

(a) CONGRESSIONAL STATEMENT.—In light of the existing threat

to the environment and to public health and safety within the

United States as a result of the river and ocean pollution in the San

Diego-Tijuana border region, the Secretary is requested to give the

highest priority to the negotiation and execution of a new Treaty

Minute, or a modification of Treaty Minute 283, consistent with the

provisions of this title, in order that the other provisions of this title

to address such pollution may be implemented as soon as possible.

(b) NEGOTIATION.—

(1) INITIATION.—The Secretary is requested to initiate negotiations with Mexico, within 60 days after the date of enactment

of this Act, for a new Treaty Minute or a modification of Treaty

Minute 283 consistent with the provisions of this title.

(2) IMPLEMENTATION.—Implementation of a new Treaty

Minute or of a modification of Treaty Minute 283 under this

title shall be subject to the provisions of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

25

(3) MATTERS TO BE ADDRESSED.—A new Treaty Minute or

a modification of Treaty Minute 283 under paragraph (1)

should address, at a minimum, the following:

(A) The siting of treatment facilities in Mexico and in

the United States.

(B) Provision for the secondary treatment of effluent

from the IWTP at a Mexican facility if such treatment is

not provided for at a facility in the United States.

(C) Provision for additional capacity for advanced primary and secondary treatment of additional sewage emanating from the Tijuana River area, Mexico, in addition to

the treatment capacity for the advanced primary effluent

from the IWTP at the Mexican facility.

(D) Provision for any and all approvals from Mexican

authorities necessary to facilitate water quality verification

and enforcement at the Mexican facility.

(E) Any terms and conditions considered necessary to

allow for use in the United States of treated effluent from

the Mexican facility, if there is reclaimed water which is

surplus to the needs of users in Mexico and such use is consistent with applicable United States and California law.

(F) Any other terms and conditions considered necessary by the Secretary in order to implement the provisions of this title.

SEC. 806. AUTHORIZATION OF APPROPRIATIONS.

There is authorized to be appropriated a total of $156,000,000

for fiscal years 2001 through 2005 to carry out this title. Such sums

shall remain available until expended.

TITLE IX—GENERAL PROVISIONS

SEC. 901. PURCHASE OF AMERICAN-MADE EQUIPMENT AND PRODUCTS.

(a) IN GENERAL.—It is the sense of Congress that, to the extent

practicable, all equipment and products purchased with funds made

available under this Act should be American made.

(b) NOTICE TO RECIPIENTS OF ASSISTANCE.—The head of each

Federal Agency providing financial assistance under this Act, to the

extent practicable, shall provide to each recipient of the assistance

a notice describing the statement made in subsection (a).

SEC. 902. LONG-TERM ESTUARY ASSESSMENT.

(a) IN GENERAL.—The Secretary of Commerce (acting through

the Under Secretary for Oceans and Atmosphere) and the Secretary

of the Interior (acting through the Director of the Geological Survey)

may carry out a long-term estuary assessment project (in this section referred to as the ‘‘project’’) in accordance with the requirements

of this section.

(b) PURPOSE.—The purpose of the project shall be to establish

a network of strategic environmental assessment and monitoring

projects for the Mississippi River south of Vicksburg, Mississippi,

and the Gulf of Mexico, in order to develop advanced long-term assessment and monitoring systems and models relating to the Mississippi River and other aquatic ecosystems, including developing

equipment and techniques necessary to implement the project.

26

(c) MANAGEMENT AGREEMENT.—To establish, operate, and implement the project, the Secretary of Commerce and the Secretary of

the Interior may enter into a management agreement with a university-based consortium.

(d) AUTHORIZATION OF APPROPRIATIONS.—There is authorized

to be appropriated— (1) $1,000,000 for fiscal year 2001 to develop the management agreement under subsection (c); and (2) $4,000,000 for each of fiscal years 2002, 2003, 2004,

and 2005 to carry out the project.

Such sums shall remain available until expended.

SEC. 903. RURAL SANITATION GRANTS.

Section 303(e) of the Safe Drinking Water Act Amendments of

1996 (33 U.S.C. 1263a(e)) is amended by striking ‘‘$15,000,000’’ and

all that follows through ‘‘section.’’ and inserting the following: ‘‘to

carry out this section $40,000,000 for each of fiscal years 2001

through 2005.’’.

And the House agree to the same.

BUD SHUSTER,

DON YOUNG,

SHERWOOD BOEHLERT,

WAYNE T. GILCHREST,

TILLIE K. FOWLER,

DON SHERWOOD,

JOHN E. SWEENEY,

STEVEN T. KUYKENDALL,

DAVID VITTER,

JIM OBERSTAR,

BOB BORSKI,

JIM BARCIA,

BOB FILNER,

EARL BLUMENAUER,

JOHN BALDACCI,

Managers on the Part of the House.

BOB SMITH,

JOHN W. WARNER,

MICHAEL D. CRAPO,

MAX BAUCUS,

BARBARA BOXER,

Managers on the Part of the Senate.

(27)

JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF

CONFERENCE

The Managers on the part of the House and Senate at the Conference on the disagreeing votes of the two Houses on the amendment of the House to the bill (S. 835), to improve and increase Federal, State and local efforts and to provide funding to protect and

enhance estuaries across the U.S., and to address other clean

water-related matters, submit the following joint statement to the

House and Senate in explanation of the effect of the action agreed

upon by the Managers and recommended in the accompanying Conference report.

The House amendment struck all of the Senate bill after the

enacting clause and inserted a substitute text.

The Senate recedes from its disagreement to the amendment

of the House with an amendment that is a substitute for the Senate bill and the House amendment. The differences between the

Senate bill, the House amendment, and the substitute agreed to in

Conference are noted below, except for clerical corrections and conforming changes made necessary by agreements reached by the

conferees, and minor drafting and clerical changes.

SECTION 1. SHORT TITLE AND TABLE OF CONTENTS

The Conference substitute renames S. 835 as the ‘‘Estuaries

and Clean Waters Act of 2000.’’

TITLE I—ESTUARY HABITAT RESTORATION

Title I of the Conference substitute establishes a new estuary

habitat restoration program under the Secretary of the Army. Title

I is similar to title I in both the Senate bill and House amendment.

The Conferees adopted title I of the House amendment with

amendments. Differences between the Senate bill, House amendment and Conference substitute are as follows:

SECTION 102. PURPOSES

Senate bill

Section 103 of the Senate bill states that the purposes of title

I are to: restore one million acres of estuary habitat by the year

2010; ensure coordination of existing Federal, State, and local

plans, programs, and studies; establish partnerships among public

agencies at all levels of government and between the public and

private sectors; promote efficient financing of estuary habitat restoration activities; and, develop and enhance monitoring and research capabilities through use of the environmental technology innovation program associated with the National Estuarine Research

Reserve System (NERRs), to ensure that restoration efforts are

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based on sound scientific understanding and innovative technologies.

House amendment

Section 102 of the House amendment states that the purposes

of title I are to: promote the restoration of estuary habitat; develop

a national estuary habitat restoration strategy for creating and

maintaining effective estuary habitat restoration partnerships

among public agencies at all levels of government and to establish

new partnerships between the public and private sectors; to provide Federal assistance for estuary habitat restoration projects and

to promote efficient financing of such projects; and, develop and enhance monitoring and research capabilities to ensure that estuary

habitat restoration efforts are based on sound scientific understanding and to create a national database of estuary habitat restoration information.

Conference substitute

The purposes of the Senate bill and House amendment are

substantially similar. The Conference substitute adopts the House

amendment with an amendment. Section 102(4) is amended to clarify that monitoring and research capabilities for estuary habitat

restoration efforts should be developed and enhanced through the

use of the environmental technology innovation program associated

with NERRs.

SECTION 103. DEFINITIONS

Senate bill

Section 104 of the Senate bill defines key terms used throughout the bill, including ‘‘Collaborative Council,’’ ‘‘Degraded Estuary

Habitat,’’ ‘‘Estuary,’’ ‘‘Estuary Habitat,’’ ‘‘Estuary Habitat Restoration Activity,’’ ‘‘Estuary Habitat Restoration Project,’’ ‘‘Estuary

Habitat Restoration Strategy,’’ ‘‘Federal Estuary Management or

Habitat Restoration Plan,’’ ‘‘Secretary,’’ and ‘‘Under Secretary.’’

‘‘Estuary’’ is defined as a body of water and its associated physical, biological, and chemical elements, in which fresh water from

a river or stream meets and mixes with salt water from the ocean.

An exception to this definition is made for estuary-like areas in the

Great Lakes biogeographic regions that are part of NERRs at the

time of enactment of this legislation.

‘‘Estuary Habitat’’ is defined as the complex of physical and hydrologic features and living organisms within estuaries and their

associated ecosystems, including salt and fresh water coastal

marshes, coastal forested wetlands and other coastal wetlands,

maritime forests, coastal grasslands, tidal flats, natural shoreline

areas, shellfish beds, sea grass meadows, kelp beds, river deltas,

and river and stream banks under tidal influence.

‘‘Estuary Habitat Restoration Activity’’ is defined as an activity

that results in improving degraded estuary habitat, including both

physical and functional restoration, with the goal of attaining a

self-sustaining ecologically-based system that is integrated with the

surrounding landscape. Eligible activities include: the reestablishment of physical features and biological and hydrologic functions;

29

the cleanup of contamination; the control of non-native and

invasive species, such as phragmites; and the reintroduction of native species, such as the planting of eel grass. A project is ineligible

if it constitutes mitigation for the adverse effects of an activity regulated or otherwise governed under Federal or State law, or restoration for natural resource damages required under any Federal

or State law.

‘‘Federal Estuary Management or Habitat Restoration Plan’’ is

defined as any Federal plan for restoration of degraded estuary

habitat that was developed by a public body with the substantial

participation of appropriate public and private stakeholders and reflects a community-based planning process.

House amendment

Section 103 of the House amendment also defines key terms,

including: ‘‘Council,’’ ‘‘Estuary,’’ ‘‘Estuary Habitat,’’ ‘‘Estuary Habitat Restoration Activity,’’ ‘‘Estuary Habitat Restoration Project,’’

‘‘Estuary Habitat Restoration Plan,’’ ‘‘Indian Tribe,’’ ‘‘Non-Federal

Interest,’’ ‘‘Secretary,’’ and ‘‘State.’’

The definition of ‘‘Estuary’’ is based on section 104(n)(4) of the

Clean Water Act. The House amendment also specifies that near

coastal waters and wetlands of the Great Lakes that are similar in

form and function to estuaries are included in this definition for

the purposes of this title to make such areas of the Great Lakes

eligible for assistance under this title.

The definition of ‘‘Estuary Habitat’’ is similar to the Senate

bill, but does not list included habitats.

The definition of ‘‘Estuary Habitat Restoration Activity’’ is

similar to the Senate bill but includes creating estuary habitat and

the construction of reefs.

‘‘Estuary Habitat Restoration Plan’’ is defined as any Federal

or State plan for restoration of degraded estuary habitat that was

developed with the substantial participation of appropriate public

and private stakeholders.

‘‘Indian tribe’’ is defined by referencing the meaning that term

has in section 4 of the Indian Self-Determination and Education

Assistance Act, which includes Alaska Natives within the definition.

Conference substitute

Section 103 of the Conference substitute adopts the House

amendment with the following amendment. The Conference substitute retains the House definition of the term ‘‘Estuary,’’ which

includes the near coastal waters and wetlands of the Great Lakes

that are similar in form and function to estuaries. The Conference

substitute adds a specific reference to the Old Woman’s Creek

NERR in Ohio, which is captured in the House definition. This reference was included in the definition of ‘‘Estuary’’ in the Senate bill

after the Senate adopted by voice vote an amendment offered by

Senator Voinovich during the September 29, 1999 Senate Committee on Environment and Public Works business meeting on S.

835.

The Conference substitute retains the prohibition against any

project that constitutes mitigation or restoration required under

30

Federal or State law. This provision does not prohibit the implementation of an estuary habitat restoration project that might also

be eligible for funding under voluntary habitat restoration or environmental programs. This language also does not prohibit a nonFederal interest from using funds secured under damage settlements to enhance estuary habitat restoration projects.

SECTION 104. ESTUARY HABITAT RESTORATION PROGRAM

Senate bill

The Senate bill establishes a collaborative, interagency process

for the selection of estuary habitat restoration projects to receive

assistance under this title. The Senate bill is based on the premise

that the non-Federal interest will implement the estuary habitat

restoration project, with funding provided by the Secretary of the

Army. This approach is intended to reduce delays, expedite project

implementation, and reduce unnecessary oversight and paperwork

costs.

Section 106(b) of the Senate bill sets out the process for selection of projects. This section specifies that a non-Federal interest

must submit a project application for an estuary habitat restoration project to the Collaborative Council established under section

105 for review and approval, and must obtain, where appropriate,

the approval of State or local agencies.

Section 106(b) also sets forth the factors and priorities that the

Council is to use to select projects and the duties of the non-Federal project sponsors. One of the priorities listed is whether the

project is part of an approved Federal estuary management or restoration plan. For example, the Sarasota Bay area in Florida is

presently implementing a comprehensive conservation and management plan (CCMP) under the National Estuary Program (NEP),

which focuses on restoring lost habitat. The NEP is authorized by

section 320 of the Clean Water Act. The habitat restoration is

being accomplished by: reducing nitrogen pollution to increase sea

grass coverage; constructing saltwater wetlands; and, building artificial reefs for juvenile fish habitat. Narragansett Bay in Rhode Island also is in the process of implementing a CCMP. Current efforts to improve the Bay’s water quality and restore its habitat address the uniqueness of the Narragansett Bay watershed.

Section 106(c) authorizes interim habitat restoration activities

to be carried out before the Council completes an estuary habitat

restoration strategy. Section 106(d) allows a nonprofit entity to

serve as the non-Federal interest, after coordination with the local

official responsible for the political jurisdiction in which the project

will occur.

House amendment

Section 104(a) of the House amendment authorizes an estuary

habitat restoration program to be carried out by the Secretary of

the Army, acting through the Army Corps of Engineers.

Section 104(b) provides that estuary habitat restoration

projects must be submitted by non-Federal interests, consistent

with State or local laws.

31

Section 104(c) sets forth required elements that eligible estuary habitat restoration projects must have, including, among others, that the project address restoration needs identified in an estuary habitat restoration plan.

Section 104(d) sets forth the factors and priorities that the Secretary is to use to select which estuary habitat restoration projects

the Corps of Engineers will carry out, after the Secretary considers

the advice and recommendations of the Estuary Habitat Restoration Council established under section 105.

Section 104(e) establishes the cost-sharing required for each

project. The non-Federal share of a project must include necessary

lands, easements, rights-of-way and relocations, and may include

services or any other form of in-kind contributions that the Secretary determines to be an appropriate contribution toward the

monetary amount required for the non-Federal share.

Section 104(f) authorizes the Corps of Engineers to carry out

interim habitat restoration activities before the Council completes

an estuary habitat restoration strategy.

Section 104(g) requires cooperation of non-Federal interests

and allows a nongovernmental organization to serve as the nonFederal interest for a project, upon the recommendation of the Governor of the State in which a project is located, and in consultation

with appropriate local officials.

Section 104(h) authorizes the Secretary of the Army to delegate

project implementation to other Federal agencies, after considering

the advice and recommendations of the Estuary Habitat Restoration Council.

Conference substitute

The Conference substitute substantially adopts the House estuary habitat program structure.

Unlike the Senate bill, the House amendment does not authorize grants. The House amendment provides that the Secretary of

the Army is responsible for implementing estuary habitat restoration projects, similar to the responsibilities in carrying out water

resources projects under Water Resources Development Acts. The

Conference substitute adopts the House approach. However, in the

context of estuary habitat restoration projects, it is expected that

the Corps of Engineers will streamline its process for review and

selection of projects. In particular, it is expected that the Corps will

not need to conduct a Feasibility Study, or prepare a Chief’s Report, for an estuary habitat restoration project because the Council

will have already reviewed and evaluated a project proposal for

technical feasibility, merit, and cost-effectiveness. The Corps is also

strongly encouraged to keep its oversight and review costs and time

to carry out projects to a minimum.

The Conference substitute makes several modifications to the

House amendment. First, the Conference substitute enhances the

role of the Estuary Habitat Restoration Council established under

section 105 of the House amendment in the selection of estuary

habitat restoration projects. In the House amendment, the Secretary of the Army selects projects after considering the advice and

recommendations of the Council. Section 104(c)(1) of the Conference substitute directs the Secretary to select projects from a list

32

developed and submitted by the Council. The Council is to review

all project proposals submitted and prepare a list of eligible

projects that meet the statutory criteria. The Council also is to

prioritize the listed projects and make any recommendations regarding whether the projects should be delegated to other Federal

agencies for implementation. The Secretary must select projects

from that list; the Secretary may not use funds provided under this

program to implement estuary habitat restoration projects that are

not included on the list submitted by the Council.

The Conference substitute also makes minor revisions to the

structure of the project selection process. The Conference substitute

retains the factors for selection of a project from the House amendment and adds two factors from the Senate bill: technical feasibility, and whether the project is part of an approved Federal estuary management or habitat restoration plan.

The Conference substitute adds an innovative technology costshare provision to section 104(d), based on similar language from

section 107(e) of the Senate bill. New section 104(d)(2) provides

that the Federal cost-share for the incremental additional cost of

implementing innovative technologies in a project shall be 85 percent. The intent of this increased cost-share is to encourage the use

of innovative technologies. Consistent with the stated purposes of

this title, it is expected that NERRs will identify some of the innovative technologies that might be eligible for funding.

The Conference substitute also includes a new section 104(d)(4)

on operation and maintenance costs that specifies that non-Federal

interests shall be responsible for all costs associated with operating, maintaining, replacing, repairing and rehabilitating all

projects carried out under this section.

Section 104(f) of the Conference substitute retains language

from both the Senate bill and the House amendment that allows

nongovernmental organizations to serve as the non-Federal interest

in an estuary habitat restoration project with one modification.

Under the Conference substitute, the Secretary is required to consult and coordinate with appropriate State and local agencies and

tribes before allowing a nongovernmental organization to act as the

non-Federal interest.

In selecting estuary habitat restoration projects, the Conferees

direct the Secretary to give priority consideration to the Wetlands

Recovery Project for the Los Cerritos Wetlands in Los Angeles

County, California, and to a proposed project for restoration of estuary habitat in the Great Bay Estuary in New Hampshire.

SECTION 105. ESTABLISHMENT OF ESTUARY HABITAT RESTORATION

COUNCIL

Senate bill

Section 105 of the Senate bill establishes an interagency Collaborative Council chaired by the Secretary of the Army, with the

participation of the Department of Commerce, acting through the

Under Secretary for Oceans and Atmosphere; the Administrator of

the Environmental Protection Agency (EPA); and, the Secretary of

the Interior, acting through the Fish and Wildlife Service.

33

Section 106 establishes the duties of the Collaborative Council.

Section 106(a) requires the Council to draft a strategy that will

serve as a national framework for restoring estuaries. Under section 106(b), the Council is also responsible for reviewing project applications and determining the eligibility of specific proposals for

funding.

House amendment

Section 105 of the House amendment establishes the national

Estuary Habitat Restoration Council. The Council’s function is to

review project proposals and make recommendations on projects

and priorities to the Secretary. The Council also makes recommendations regarding whether specific projects should be delegated to other agencies for implementation. In addition, the Council is responsible for developing and periodically reviewing, and updating as necessary, a national strategy to restore estuary habitat

and is to provide advice on monitoring and reporting requirements

under this title. Under section 106, the Council is also directed to

establish an Advisory Board, which provides advice and recommendations to the Council on the strategy and in the consideration of project proposals.

The Council has six members, including the Secretaries of the

Army, the Interior (acting through the Director of the Fish and

Wildlife Service), Commerce (acting through the Under Secretary

for Oceans and Atmosphere), and Agriculture; the Administrator of

EPA; and the head of any other Federal agency designated by the

President.

Conference substitute

The Conference substitute adopts the House amendment with

several amendments. First, in section 105(b), the Conference substitute revises the Estuary Habitat Restoration Council’s duties so

that the Council shall have a greater role in recommending projects

for the Secretary to carry out or to delegate to another agency to

carry out. The House amendment directs the Council to solicit, review, and evaluate project proposals and make recommendations to

the Secretary, including recommending prioritization of projects

and delegation of project implementation to another agency. The

Conference substitute retains these provisions, but includes a requirement that the Council submit a list of recommended projects

to the Secretary, which shall include prioritization and delegation

recommendations. Section 104 of the Conference substitute requires the Secretary to select projects from this list.

The Conference substitute also adds a new section 105(i) that

directs the Council to consult with a broad range of experts in estuary or estuary habitat restoration and with estuary users to assist

in the development of the estuary habitat restoration strategy developed under section 106. The Council also shall seek the advice

and recommendations of experts on proposed projects, including the

projects’ scientific and technical merit, and feasibility. In particular, the Council shall consult with scientific experts and representatives of State, local or regional agencies, and non-governmental organizations with expertise in estuary or estuary habitat

restoration, as well as Indian Tribes, agricultural interests, fishing

34

interests, and other estuary users. This provision is similar to section 106(a)(4) of the Senate bill, and replaces section 106 in the

House amendment that created a formal advisory board.

SECTION 106. ESTUARY HABITAT RESTORATION STRATEGY

Senate bill

Section 106(a) of the Senate bill requires the Collaborative

Council, in consultation with non-Federal participants, to draft a

strategy that will serve as a national framework for restoring estuaries. In developing the strategy, the Council is directed to consider

the contributions of estuary habitat to wildlife; fish and shellfish;

surface and ground water quality and quantity and flood control;

outdoor recreation and other concerns; estimated historic losses of

estuary habitat; and the most appropriate way to balance small

and large estuary habitat restoration projects.

House amendment

Section 107 of the House amendment directs the Council, in

consultation with the advisory board established under section 106,

to develop a national estuary habitat restoration strategy. The

strategy is intended to help maximize the benefits derived from estuary habitat restoration projects selected for implementation, and

to foster coordination of Federal and non-Federal efforts to restore

estuary habitat. The Council is directed to publish a draft of the

strategy in the Federal Register and provide a public comment period of sufficient length to provide a meaningful opportunity for

public review and comment.

Section 107(b) specifically provides that the goal of the strategy

shall be to restore one million acres of estuary habitat by 2010.

Conference substitute

Section 106 of the Conference substitute adopts the House

amendment with only minor changes. The Conference substitute

specifically adopts the language establishing as the goal of the

strategy the restoration of one million acres of estuary habitat.

This goal is consistent with one of the stated purposes of the Senate bill.

SECTION 107. MONITORING OF ESTUARY HABITAT RESTORATION

PROJECTS

Senate bill

Section 108(a) of the Senate bill directs the Under Secretary

for Oceans and Atmosphere of the Department of Commerce, acting

through the National Oceanic and Atmospheric Administration

(NOAA), to maintain a database of restoration projects carried out

under this title, including information on project techniques,

project completion, monitoring data, and other relevant information. This section is intended to ensure that available information

will be used to improve the methods for assuring successful longterm habitat restoration.

35

House amendment

Section 108 of the House amendment directs the Under Secretary for Oceans and Atmosphere of the Department of Commerce,

in consultation with the Council, to develop and maintain, using

existing NOAA programs, a database with information on estuary

habitat restoration projects carried out under this title. The Under

Secretary will also develop monitoring standards for data types and

format, as well as for monitoring frequency.

Conference substitute

Section 107 of the Conference substitute adopts the House

amendment.

SECTION 108. REPORTING

Senate bill

Section 108(b) of the Senate bill directs the Council to submit

a biennial report to Congress that describes program activities, including the number of acres of estuary habitat restored; the percent of restored habitat monitored under a plan; the types of restoration methods employed; the activities of governmental and nongovernmental entities with respect to habitat restoration; and the

effectiveness of the restoration projects.

House amendment

Section 109 of the House amendment requires the Secretary,

after considering the advice and recommendations of the Council,

to submit a report to Congress at the end of the third and fifth fiscal years after enactment of this title. The report must include information on the number of acres of estuary habitat restored; information from the database related to ongoing monitoring projects;

an estimate of the long-term success of varying restoration techniques; a review of how the information on restoration techniques

has been incorporated into the selection and implementation of estuary habitat restoration projects; and a review of efforts to maintain an appropriate database of habitat restoration projects.

Conference substitute

Section 108 of the Conference substitute adopts the House

amendment.

SECTION 109. FUNDING

Senate bill

Section 111 of the Senate bill authorizes a total of $315 million

over five years to assist States and other non-Federal persons in

carrying out estuary habitat restoration projects as follows: $40

million for fiscal year 2001; $50 million for fiscal year 2002; and,

$75 million for each of fiscal years 2003 through 2005.

House amendment

Section 110 of the House amendment authorizes a total of $200

million over five years for the Secretary of the Army to carry out

and provide technical assistance for estuary habitat restoration

36

projects as follows: $30 million for fiscal year 2001; $35 million for

fiscal year 2002; and $45 million for each of fiscal years 2003

through 2005. Of the annual authorizations, the Secretary may use

no more than three percent, or $1.5 million, whichever is greater,

for administration and operation of the Council. The House amendment also authorizes $1.5 million for each of

fiscal years 2001 through 2005 for NOAA to acquire, maintain, and

manage monitoring data on estuary habitat restoration projects.

Conference substitute

Section 109 of the Conference substitute adopts the House amendment with an amendment. It authorizes a total of $275 million over five years to carry out and provide technical assistance for

estuary habitat restoration projects as follows: $40 million for fiscal

year 2001; $50 million for fiscal years 2002 and 2003; $60 million

for fiscal year 2004; and $75 million for fiscal year 2005.

SECTION 110. GENERAL PROVISIONS

Senate bill

Section 113(a) of the Senate bill specifies that the Secretary of

the Army has the authority to carry out estuary habitat restoration

projects.

Section 113(b) makes certain sections of the Water Resources

Development Act of 1986 inapplicable to this title.

Section 113(c) adds estuary habitat restoration as a mission of

the Corps of Engineers.

Section 113(d) allows other Federal agencies to provide assistance to the Collaborative Council.

Section 113(e) requires an analysis of the personnel and funding needed for the Collaborative Council.

House amendment

Section 111(a) of the House amendment requires the Secretary

of the Army to consult with other Federal agencies, as necessary.

Section 111(b) authorizes the Secretary of the Army to enter

into cooperative agreements with Federal, State, and local agencies

and other entities.

Section 111(c) authorizes other Federal agencies to cooperate

in carrying out this title.

Section 111(d) requires the Secretary of the Army to identify

and map sites appropriate for beneficial uses of dredged material.

Section 111(e) requires EPA to conduct a study of the efficacy

of bioremediation products.

Conference substitute

Section 110 of the Conference substitute adopts the House

amendment. The Secretary of the Army is to carry out this title in

accordance with the provisions of this title, not Water Resources

Development Acts.

TITLE II—CHESAPEAKE BAY RESTORATION

The Chesapeake Bay (the Bay) is the largest estuary in the

United States, and the first estuary in the nation to be targeted for

37

restoration as a single ecosystem. The Bay covers 4,431 square

miles, and the Bay watershed covers 64,000 square miles including

areas of Delaware, Maryland, New York, Pennsylvania, Virginia,

West Virginia, and the District of Columbia. Over 100,000 streams

and rivers drain into the Bay, with the Susquehanna River draining 42 percent of the watershed. The Bay is a national and regional

resource that provides millions of pounds of seafood, functions as

a center for shipping and commerce and is home to thousands of

species of wildlife. In 1983, Maryland, Pennsylvania, Virginia, the

District of Columbia, and EPA signed the Chesapeake Bay Agreement (the Agreement), which established the Chesapeake Bay Program.

The Chesapeake Bay Program has evolved considerably since

1983 and has become a model for other estuary restoration and

protection programs around the world. The 1987 amendments to

the Agreement expanded the initial restoration efforts by targeting

nutrient over-enrichment as the Bay’s major problem and establishing a goal to reduce nutrients flowing into the Bay by 40 percent. This Agreement included 28 other specific commitments to

address key issues in habitat, water quality, population growth,

public information and public access. The 1992 amendments to the

Agreement moved the program upriver and committed the 40 percent nutrient reduction goal to the ten major tributaries of the Bay

beyond the year 2000.

The Water Quality Act of 1987 formally authorized EPA’s participation in the Chesapeake Bay Program by adding section 117

to the Clean Water Act. Section 117 created the Chesapeake Bay

Program office within EPA. The office helps to coordinate State and

Federal efforts to restore and protect the Bay, makes information

available to the public and conducts scientific research on the Bay.

Section 117 authorized $3 million a year for fiscal years 1987

through 1990 to support the activities of the Chesapeake Bay Program office, and $10 million a year for fiscal years 1987 through

1990 for matching interstate development grants.

Title II of the Conference substitute amends section 117 of the

Clean Water Act and reauthorizes the Chesapeake Bay Program.

Title II of the Senate bill and the House amendment also amend

section 117 of the Clean Water Act, and are substantially the same.

The Conferees adopted the House amendment with the following

amendments:

In new section 117(d), the Conference substitute adopts language from the Senate bill authorizing EPA to make assistance

grants to non-Federal entities to carry out this section. Such grants

may include assistance for monitoring activities, data collection,

and research.

In new section 117(g), the Conference substitute adopts language from the Senate bill that requires the Administrator to ensure that management plans are developed and implementation is

begun by signatories of the Agreement not only to achieve, but also

to maintain, the goals of that Agreement.

In new section 117(j), the Conference substitute authorizes $40

million for each of fiscal years 2001 through 2005 to carry out this

section.

38

TITLE III—NATIONAL ESTUARY PROGRAM

Title III of the Conference substitute amends section 320 of the

Clean Water Act and reauthorizes the NEP. This title is substantially similar to title III in the House amendment and section 112

of the Senate bill. The Conferees adopted title III of the House

amendment with amendments. Differences between the Senate bill,

House amendment and Conference substitute are as follows:

SECTION 301. ADDITION TO NATIONAL ESTUARY PROGRAM

Senate bill

The Senate bill did not have a comparable provision.

House amendment

Section 301 of the House amendment amends section

320(a)(2)(B) of the Clean Water Act to identify two additional estuaries as priorities for inclusion in the NEP.

Conference substitute

Section 301 of the Conference substitute identifies only one additional estuary, Lake Pontchartrain Basin, as a priority for inclusion in the NEP.

SECTION 302. GRANTS

Senate bill

Section 112(a) of the Senate bill amends section 320(g)(2) of

the Clean Water Act to provide explicit authority for EPA to make

grants to implement CCMPs. Examples of implementation activities include: enhanced monitoring activities; habitat mapping; habitat acquisition; best management practices to reduce urban and

rural polluted runoff; and, the organization of workshops for local

elected officials and professional water quality managers about

habitat and water quality issues.

House amendment

Section 302 of the House amendment amends both paragraphs

(2) and (3) of section 320(g) of the Clean Water Act. The amendment to paragraph (2) is identical to the Senate bill. The amendment to paragraph (3) establishes a Federal cost-share of up to 50

percent for implementation grants. Under this title, construction of

projects that are treatment works as defined in the Clean Water

Act will be subject to the requirements of the Davis-Bacon Act as

provided in Section 513 of the Clean Water Act. Some of the construction authorized by the reported bill may not come within the

definition of treatment works. The House has not addressed the

issue of whether these construction projects should be covered by

the Davis-Bacon Act, and the House amendment should not be considered as a precedent on this issue.

Conference substitute

Section 302 of the Conference substitute adopts the House

amendment.

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SECTION 303. AUTHORIZATION OF APPROPRIATIONS

Senate bill

Section 112(b) of the Senate bill authorizes $25 million for each

of fiscal years 2001 and 2002 to carry out section 320 of the Clean

Water Act.

House amendment

Section 303 of the House amendment authorizes $50 million

for each of fiscal years 2000 through 2004 to carry out section 320

of the Clean Water Act.

Conference substitute

Section 303 of the Conference substitute authorizes $35 million

for each of fiscal years 2001 through 2005 to carry out section 320

of the Clean Water Act.

TITLE IV—LONG ISLAND SOUND RESTORATION

Title IV of the Conference substitute amends section 119 of the

Clean Water Act and reauthorizes the Long Island Sound program.

This title is similar to title V in the House amendment and title

III in the Senate bill. The Conferees adopted title V of the House

amendment with amendments. Differences between the Senate bill,

House amendment and Conference substitute are as follows:

SECTION 402. INNOVATIVE METHODOLOGIES AND TECHNOLOGIES

Senate bill

The Senate bill did not have a comparable section.

House amendment

Section 502 of the House amendment amends section 119(c)(1)

of the Clean Water Act to encourage the Long Island Sound Office

to assist and support efforts to establish, within the process for

granting watershed general permits, a system for trading nitrogen

credits and any other measures that are cost-effective and consistent with the goals of the CCMP for Long Island Sound. This

amendment does not affect any existing regulatory authorities

under the Clean Water Act.

Conference substitute

Section 402 of the Conference substitute amends the House

amendment regarding the duties of the Long Island Sound Office.

The amendment to section 119(c)(1) of the Clean Water Act encourages the Office to assist in the implementation of the Long Island

Sound CCMP, including efforts, within the process of granting a

watershed general permit, to promote innovative methodologies

and technologies, and other cost effective measures consistent with

the goals of the CCMP. EPA should support innovative methodologies and technologies through out the program.

This assistance is to be provided under the existing authorities

of the Clean Water Act and the laws of New York and Connecticut,

or any subsequent amendments to such authorities or laws. The

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amendment does not affect any existing statutory or regulatory authorities under the Clean Water Act.

SECTION 403. ASSISTANCE FOR DISTRESSED COMMUNITIES

Senate bill

The Senate bill did not have a comparable section.

House amendment

Section 503 of the House amendment amends section 119 of

the Clean Water Act by adding a new subsection authorizing New

York and Connecticut to use their state revolving funds, established under title VI of the Clean Water Act, to provide additional

subsidization when making a loan to a distressed community for

the purposes of assisting the implementation of the CCMP for Long

Island Sound. The total amount of loan subsidies made by a State

may not exceed 30 percent of the amount of the capitalization

grant received by the State for a year.

Under this section, the States of New York and Connecticut

would establish affordability criteria, after public review and comment, to be used to determine which communities are distressed.

In establishing these criteria, the States must consider the extent

to which the rate of growth of a community’s tax base has been historically slow such that implementing the CCMP would result in

significant increases in any water or sewer rate charged by the

community’s publicly-owned wastewater treatment facility. EPA is

authorized to publish information to assist States in establishing

affordability criteria. A State is authorized to give priority to distressed communities in making assistance available under this section for the upgrading of wastewater treatment facilities.

Conference substitute

Section 403 of the Conference substitute adopts the House

amendment with an amendment. The Conference substitute does

not adopt the provisions of the House amendment allowing loan

subsidies for loans made to distressed communities from a State’s

revolving loan funds. The Conference substitute addresses distressed communities by allowing EPA to give distressed communities, which are upgrading wastewater treatment facilities, priority in making assistance available under section 119(d). A distressed community is any community that meets affordability criteria established by the State in which the community is located,

after public review and comment.

SECTION 404. REAUTHORIZATION OF APPROPRIATIONS

Senate bill

Section 404 of the Senate bill authorizes $10 million for each

of fiscal years 2001 through 2006 to carry out section 119(d) of the

Clean Water Act.

House amendment

Section 504 of the House amendment authorizes $80 million

for each of fiscal years 2000 through 2003 to carry out section

119(d) of the Clean Water Act.

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Conference substitute

Section 404 of the Conference substitute authorizes $40 million

for each of fiscal years 2001 through 2005 to carry out section

119(d) of the Clean Water Act.

TITLE V—LAKE PONTCHARTRAIN BASIN RESTORATION

Title V of the Conference substitute amends title I of the Clean

Water Act adding a new section 121 establishing the Lake Pontchartrain Basin Restoration Program within EPA. This title is substantially similar to title VI of the House amendment. The Senate

bill had no comparable title. The Conferees agreed to adopt title VI

of the House amendment with amendments. Differences between

the House amendment and Conference substitute are as follows:

SECTION 502. LAKE PONTCHARTRAIN BASIN

House amendment

Section 602 of the House amendment states a Congressional

finding that the Lake Pontchartrain Basin is an estuary of national

significance. It amends section 320(a)(2)(B) of the Clean Water Act

to add the Lake Pontchartrain Basin to the list of estuaries to receive priority consideration for inclusion in the NEP.

Section 603 adds a new section 122 to title I of the Clean

Water Act that establishes a Lake Pontchartrain Basin Program

within EPA. The purpose of the program is to restore the ecological

health of the Basin by developing and funding restoration projects

and related scientific and public education projects.

To carry out the program, the new section 122 requires EPA:

to provide administrative and technical assistance to a management conference for the Lake Pontchartrain Basin convened under

the NEP; to assist and support the activities of the management

conference, including implementation of recommendations of the

management conference; to support environmental monitoring of

the Basin and research to provide necessary technical and scientific

information; to develop a comprehensive research plan to address

the technical needs of the program; to coordinate the grant, research, and planning programs authorized under this section; and

to collect, and make available to the public, publications and other

forms of information that the management conference determines

to be appropriate relating to the environmental quality of the

Basin.

The new section 122 authorizes $5 million in EPA grants for

each of fiscal years 2001 through 2005 for restoration projects and

studies and for public education projects recommended by the management conference, although no more than 15 percent of annual

appropriations should be spent on grants for public education

projects. It also authorizes $100 million in EPA grants for an inflow and infiltration project sponsored by the New Orleans Sewerage and Water Board and Jefferson Parish, Louisiana.

Conference substitute

Section 502 of the Conference substitute adopts the House

amendment with amendments. The substitute authorizes $20 million in funding for the Lake Pontchartrain Basin Program for each

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of fiscal years 2001 through 2005, and deletes the specific authorization for funding for the inflow and infiltration project.

The Conferees agreed to clarify several issues in House Transportation and Infrastructure Committee Report 106–594. In particular, the list of participants in the management conference to be

convened to carry out the Lake Pontchartrain Basin Restoration

Program in Report 106–594 is not exclusive. The management conference should be broad-based, and may also include local government representatives and representatives from affected industries

and the general public, as determined under section 320(c). The

Conferees also intend for the management conference to consult

with the executives of all 16 Louisiana parishes and appropriate

local government officials of four Mississippi counties located in the

Lake Pontchartrain Basin. Further, priority should be given to

funding for a parish-wide water and sewer systems study in Tammany Parish.

TITLE VI—ALTERNATIVE WATER SOURCES

Title VI of the Conference substitute amends title II of the

Clean Water Act adding a new section 220 establishing a pilot program for alternative water sources. This title is similar to title VII

of the House amendment. The Senate bill had no comparable title.

The Conferees adopted title VII of the House amendment with

amendments. Differences between the House amendment and Conference substitute are as follows:

SECTION 602. PILOT PROGRAM FOR ALTERNATIVE WATER SOURCES

House amendment

Section 702 of the House amendment amends the Clean Water

Act by adding a new section 220, ‘‘Grants for Alternative Water

Source Projects.’’

Section 220(a) authorizes EPA to make grants for alternative

water source projects to meet critical water supply needs.

Section 220(b) specifies that eligibility for grants is restricted

to those entities with authority under State law to develop or provide water for municipal and industrial, or agricultural uses in

areas that are experiencing critical water supply needs.

Section 220(c)(1) prohibits a project that has received funds

under the Bureau of Reclamation’s water reclamation and reuse

program from being eligible for grant assistance under this section.

Section 220(c)(2) requires EPA to consider whether a project is eligible under the Bureau of Reclamation’s water reclamation and

reuse program when selecting projects for grants under this section.

Section 220(d)(1) prohibits the appropriation of funds for a

project with a Federal cost greater than $3 million if the project

has not been approved by a resolution adopted by either the House

or Senate authorizing committee of jurisdiction. In order to secure

the appropriate authorizing committee’s consideration of a committee resolution for a proposed project, section 220(d)(2) requires

EPA and the non-Federal sponsor for the proposed project to provide to the Committee the required information on the project, including project costs, and area water supply needs.

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Section 220(e) provides that grant funding received under this

section may be used for engineering, design, construction, and final

testing of alternative water source projects designed to meet critical water supply needs. Such grant funding may not be used for

operation, maintenance, replacement, repair or rehabilitation of

such projects.

Section 220(f) provides that the Federal cost-share for a project

receiving assistance under this section shall not exceed 50 percent

of the eligible costs.

Section 220(g)(1) requires that each recipient of a grant under

this section submit a report to EPA on the eligible activities carried

out by the recipient using grant funding. This report shall be submitted to EPA no later than 18 months after the date the recipient

receives grant funding and every two years thereafter, until the alternative water source project funded by the grant is complete. Section 220(g)(2) requires EPA to submit a report to Congress on the

progress made toward meeting the critical water supply needs of

the grant recipients under this section. This report is to be transmitted to Congress on or before September 30, 2004.

Section 220(h) defines key terms. ‘‘Alternative Water Source

Project’’ means a project designed to provide municipal, industrial,

and agricultural water supplies in an environmentally sustainable

manner by conserving, managing, reclaiming, or reusing water or

wastewater or by treating wastewater. These projects fall within

the definition of treatment works in section 212 of the Clean Water

Act. All such projects, including wastewater treatment projects,

should be designed to provide water supplies in an environmentally

sustainable manner. ‘‘Critical Water Supply Needs’’ means existing

or reasonably anticipated future water supply needs that cannot be

met by existing water supplies, as identified in a comprehensive

statewide or regional water supply plan or assessment projected

over a planning period of at least 20 years. To carry out the new section 220, section 220(i) authorizes $75

million for each of fiscal years 2000 through 2004.

Conference substitute

Section 602 of the Conference substitute adopts the House

amendment with amendments, including narrowing the title to a

pilot program.

Section 220(a) is added stating that nothing in the pilot program shall affect the application of section 101(g) of the Clean

Water Act, which states Congressional policy that nothing in the

Act shall supersede State authority to allocate water quantities or

State rights to such quantities.

Section 220(d)(3) is added to require selected projects to reflect

a variety of geographical and environmental conditions.

Section 220(h) is revised to require EPA to report to Congress

on the results of the pilot program, including progress made by program participants in meeting their critical water supply needs.

In section 220(i)(1), the definition of ‘‘Alternative Water Source

Project’’ adopts the House definition with a clarification that such

term does not include water treatment or distribution facilities.

Section 220(j) authorizes a total of $75 million for the pilot program for fiscal years 2002 through 2004.

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TITLE VII—CLEAN LAKES

Title VII of the Conference substitute reauthorizes and amends

the Clean Lakes Program under section 314 of the Clean Water

Act. This title is substantially similar to title VIII of the House

amendment. The Senate bill had no comparable title. The Conferees adopted title VIII of the House amendment with amendments. Differences between the House amendment and Conference

substitute are as follows:

SECTION 702. DEMONSTRATION PROGRAM

House amendment

Section 801 of the House amendment amends section 314(c)(2)

of the Clean Water Act by authorizing $50 million for grants to

States to implement the Clean Lakes Program for each of fiscal

years 2001 through 2005.

Section 802 amends section 314(d) of the Clean Water Act by:

adding several lakes to the list of lakes to receive priority consideration for demonstration projects in paragraph (2); preventing the

report to Congress on the Clean Lakes demonstration program in

paragraph (3) from expiring under the Federal Reports Elimination

and Sunset Act of 1995; and, increasing the special authorization

of financial assistance to States to carry out methods and procedures to mitigate harmful effects of high acidity from acid deposition or acid mine drainage in paragraph (4) from $15 million to $25

million.

Conference substitute

Section 702 of the Conference substitute amends section

314(d)(2) of the Clean Water Act authorizing demonstration

projects to be undertaken in the following lakes, in addition to

those in the House amendment: Lake Tahoe, California and Nevada; Highland Lake, Connecticut; Lake Apopka and Tohopekaliga

Lake, Florida; Lake Allatoona, Georgia; Walker Lake, Nevada;

Baboosic Lake and French Pond, New Hampshire; Lily Lake and

Strawbridge Lake, New Jersey; Lake George, New York; Dillon

Reservoir, Ohio; Ten Mile Lakes, and Woahink Lake, Oregon; and,

Lake Wallenpaupack, Pennsylvania.

TITLE VIII—TIJUANA RIVER VALLEY ESTUARY AND BEACH CLEANUP

Title VIII of the Conference substitute authorizes certain actions to address the comprehensive treatment of sewage emanating

from the Tijuana River to reduce water pollution in the San Diego,

California border region. This title is substantially similar to title

X of the House amendment. The Senate bill had no comparable

title. The Conferees adopted title X of the House amendment with

amendments. Differences between the House amendment and Conference substitute are as follows:

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SECTION 804. ACTIONS TO BE TAKEN BY THE COMMISSION AND THE

ADMINISTRATOR

House amendment

Subject to the negotiation and conclusion of a new treaty

minute or amendment to Minute 283, section 1004(a) of the House

amendment authorizes and directs the International and Boundary

Water Commission (the Commission) to provide secondary treatment for a total of not more than 50 million gallons per day (mgd)

in Mexico of both primary advanced effluent pumped from the

International Wastewater Treatment Plant (IWTP) in San Diego

and any additional sewage emanating from the Tijuana River area

in Mexico.

Section 1004(b) directs EPA to develop a comprehensive plan

with stakeholder involvement within two years of the date of enactment of the title. The comprehensive plan will analyze the longterm secondary treatment needs for the San Diego-Tijuana border

region, and make recommendations for preferred options to provide

additional treatment capacity for future flows emanating from the

Tijuana River area. If the comprehensive plan includes a recommendation for additional treatment capacity to be provided in

Mexico rather than in the U.S., the Commission is authorized to

provide not more than an additional 25 mgd of such capacity in

Mexico.

Subject to the availability of appropriations, section 1004(c) authorizes the Commission to enter into a fee-for-services contract

and make payments on behalf of the U.S. for treatment services

rendered under the contract with the owner of a Mexican facility.

Section 1004(c)(2) requires the contract to include, at a minimum,

the terms listed in the following subparagraphs:

(A) that the advanced primary effluent from the IWTP be

transported to the Mexican facility;

(B) that the advanced primary effluent from the IWTP be

treated to the secondary treatment level in compliance with U.S.,

California, and Mexican water quality laws;

(C) that any effluent treated at the Mexican facility not reused

in Mexico or the U.S. is returned for discharge through the South

Bay Ocean Outfall off the coast of San Diego, and that it is in compliance with U.S. and California water quality laws;

(D) that the Mexican facility may provide sewage treatment capacity in addition to the capacity needed to treat the advanced primary effluent pumped from the IWTP, if recommended as a preferred option in the EPA comprehensive plan analyzing the longterm treatment needs and recommending preferred options to provide such treatment;

(E) that the contract has a term of 30 years;

(F) that arrangements are made for the monitoring,

verification, and enforcement of compliance with U.S., California

and Mexican water quality standards;

(G) that arrangements are made for the disposal and use of

sludge in Mexico, which is from the IWTP and the Mexican facility;

(H) that the Commission pays an annual fee to the owner of

the Mexican facility covering the costs of development, financing,

construction, and operation and maintenance of the facility;

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(I) that, if the Commission fails to perform its contractual obligations, the ownership of the facility is transferred to the U.S. after

the U.S. pays a cancellation fee to the owner of the facility, which

reflects the costs of repayment of construction debt and other contractual losses resulting from early termination of the contract. The

cancellation fee owed to the owner of the facility shall be in

amounts declining over the term of the contract;

(J) that, if the owner of the Mexican facility fails to perform

its contractual obligations, ownership of the facility will be transferred to the U.S. without a cancellation fee;

(K) that the owner of the Mexican facility uses competitive procedures to the extent practicable in the procurement of property or

services for the engineering, construction, and operation and maintenance of the facility;

(L) that the Commission may review and approve the contractors providing for the engineering, construction, and operation and

maintenance of the facility;

(M) that the owner of the Mexican facility maintains all

records to demonstrate compliance with this section and the contract; and,

(N) that the U.S. Department of State Inspector General has

access to all pertinent records to conduct audits to ensure the

owner of the Mexican facility is complying with the terms of this

title and the contract.

Section 1004(c)(3) states that the Contract Disputes Act of

1978 does not apply to a contract executed under this section.

Section 1004(d) requires the U.S. Department of State Inspector General to monitor the implementation of contracts entered into

under this section and to evaluate whether the owner of the Mexican facility has complied with the terms of the section and fulfilled

the contract terms.

Conference substitute

The Conference substitute adopts the House amendment with

several amendments to the contract terms listed in section

804(c)(2).

In order to ensure greater accountability with respect to the

costs of developing, financing, constructing, and operating and

maintaining the facility, the Conference substitute requires the

owner of the facility to share in all of these costs. New subparagraph (H) requires that the owner of the facility maintain 20 percent equity in the capital structure of the facility throughout the

term of the contract. Under new subparagraph (I), the Commission’s annual payments shall maintain the owner’s 20 percent equity position throughout the term of the contract. Revised subparagraph (E) limits the contract term to 20 years.

The Conference substitute requires, in new subparagraph (P),

that the owner of the facility provide offsets or credits in the event

that the owner is able to sell the treated wastewater from the facility. The parties negotiating the contract may determine the

amount of offsets or credits.

The Conference substitute also requires the owner of the facility to competitively bid all subcontracts for the facility. Revised

subparagraph (L) specifically applies title III of the Federal PropVerDate 11-MAY-2000 15:07 Oct 25, 2000 Jkt 089006 PO 00000 Frm 00046 Fmt 6604 Sfmt 6601 E:\HR\OC\HR995.XXX pfrm11 PsN: HR995
47

erty and Administrative Services Act of 1949, as amended by the

Competition in Contracting Act.

Finally, the Conference substitute does not provide an exemption from the Contract Disputes Act.

SECTION 806. AUTHORIZATION OF APPROPRIATIONS

House amendment

Section 1006 of the House amendment authorizes such sums as

necessary to be appropriated to carry out the title.

Conference substitute

Section 806 of the Conference substitute changes the authorization from ‘‘such sums as necessary to carry out’’ the title to a

five-year authorization of $156 million for fiscal years 2001 through

2005. The Conferees acknowledge that the title also authorizes the

Commission to enter into a 20-year fee-for-services contract with

the owner of a Mexican facility. The five-year authorization is included to be consistent with the authorizations throughout the

Conference substitute, and the Conferees do not intend this to affect the Commission’s obligations under the 20-year contract.

TITLE IX—GENERAL PROVISIONS

Other than section 901, this title includes new provisions that

were not in the Senate bill or the House amendment.

SECTION 901. PURCHASE OF AMERICAN-MADE EQUIPMENT AND

PRODUCTS

House amendment

Titles II, VI, VII, and VIII of the House amendment each contained a provision regarding the purchase of American-made equipment and products.

Conference substitute

The Conference substitute deletes the relevant provisions in titles II, VI, VII and VIII in the House amendment, and replaces

them with a new section 901. This section states that it is the

Sense of Congress, to the extent practicable, for all equipment and

products purchased with funds made available under this Act to be

made in America. Also, each Federal agency head providing financial assistance under this bill is directed to provide such notice to

each recipient of financial assistance, to the extent practicable.

SECTION 902. LONG-TERM ESTUARY ASSESSMENT

Conference substitute

Section 902 of the Conference substitute authorizes the Secretary of Commerce and the Secretary of the Interior to carry out

a long-term estuary assessment project for the Mississippi River

south of Vicksburg, Mississippi and the Gulf of Mexico. The authorized appropriation levels are $1 million for fiscal year 2001 for the

management agreement with a university-based consortium, and

$4 million for each of fiscal years 2002 through 2005 to carry out

the project.

48

The Conferees are aware that the Center for Bioenvironmental

Research at Tulane University and Xavier University in New Orleans, Louisiana have formed a university-based consortium called

the ‘‘Long-term Estuary Assessment Group’’ for the purpose of developing advanced long-term assessment and monitoring systems

relating to the Mississippi River and other aquatic ecosystems and

encourages the Secretaries of Commerce and of the Interior to examine the work begun by the Center for Bioenvironmental Research and this consortium when selecting a university-based consortium to manage this project.

SECTION 903. ALASKA RURAL SANITATION GRANTS

Conference substitute

Section 903 of the Conference substitute amends section 303(e)

of the Safe Drinking Water Act Amendments of 1996 by reauthorizing $40 million for each of fiscal years 2001 through 2005.

ADDITIONAL ITEMS

House amendment

Title IV of the House amendment establishes an EPA grant

program to improve water quality in the Florida Keys. Title IX establishes an EPA Mississippi Sound restoration program.

Conference substitute

The Conference substitute deletes titles IV and IX of the House

amendment.

BUD SHUSTER,

DON YOUNG,

SHERWOOD BOEHLERT,

WAYNE T. GILCHREST,

TILLIE K. FOWLER,

DON SHERWOOD,

JOHN E. SWEENEY,

STEVEN T. KUYKENDALL,

DAVID VITTER,

JIM OBERSTAR,

BOB BORSKI,

JIM BARCIA,

BOB FILNER,

EARL BLUMENAUER,

JOHN BALDACCI,

Managers on the Part of the House.

BOB SMITH,

JOHN W. WARNER,

MICHAEL D. CRAPO,

MAX BAUCUS,

BARBARA BOXER,

Managers on the Part of the Senate.

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