PUBLIC LAW 106–457—NOV. 7, 2000 114 STAT. 1957

Public Law 106–457

106th Congress

An Act

To encourage the restoration of estuary habitat through more efficient project financing and enhanced coordination of Federal and non-Federal restoration programs,

and for other purposes.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. SHORT TITLE; 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.

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.

33 USC 2901

note.

Estuaries and

Clean Waters Act

of 2000.

Nov. 7, 2000

[S. 835]

114 STAT. 1958 PUBLIC LAW 106–457—NOV. 7, 2000

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.

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.

33 USC 2902.

33 USC 2901.

33 USC 2901

note.

Estuary

Restoration Act

of 2000.

PUBLIC LAW 106–457—NOV. 7, 2000 114 STAT. 1959

(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.—

(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).

114 STAT. 1960 PUBLIC LAW 106–457—NOV. 7, 2000

(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—

(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.

33 USC 2903.

PUBLIC LAW 106–457—NOV. 7, 2000 114 STAT. 1961

(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 reimpair 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 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.

114 STAT. 1962 PUBLIC LAW 106–457—NOV. 7, 2000

(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 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).

33 USC 2904.

PUBLIC LAW 106–457—NOV. 7, 2000 114 STAT. 1963

(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—

(1) to assist the Council in the development of the estuary

habitat restoration strategy to be developed under section 106;

and

(2) to provide advice and recommendations to the Council

on proposed estuary habitat restoration projects, 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.

Deadline.

33 USC 2905.

Deadline.

114 STAT. 1964 PUBLIC LAW 106–457—NOV. 7, 2000

(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 publicprivate 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

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.

33 USC 2906.

Federal Register,

publication.

PUBLIC LAW 106–457—NOV. 7, 2000 114 STAT. 1965

(d) COORDINATION OF DATA.—The Under Secretary shall com- pile 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 restora- tion 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; (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 informa- tion 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.

33 USC 2908.

33 USC 2907.

114 STAT. 1966 PUBLIC LAW 106–457—NOV. 7, 2000

(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 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.

Deadline.

33 USC 2909.

PUBLIC LAW 106–457—NOV. 7, 2000 114 STAT. 1967

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 Adminis- trator 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

(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.

33 USC 1267

note.

33 USC 1251

note.

Chesapeake Bay

Restoration Act

of 2000.

State listing.

114 STAT. 1968 PUBLIC LAW 106–457—NOV. 7, 2000

‘‘(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

responsibilities 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.—

Government

organization.

PUBLIC LAW 106–457—NOV. 7, 2000 114 STAT. 1969

‘‘(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.—

‘‘(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.

114 STAT. 1970 PUBLIC LAW 106–457—NOV. 7, 2000

‘‘(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

related 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

Deadline.

Public

information.

PUBLIC LAW 106–457—NOV. 7, 2000 114 STAT. 1971

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

submit 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

Deadline.

Deadline.

114 STAT. 1972 PUBLIC LAW 106–457—NOV. 7, 2000

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.’’.

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’’.

PUBLIC LAW 106–457—NOV. 7, 2000 114 STAT. 1973

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.’’.

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:

Lake

Pontchartrain

Basin

Restoration Act

of 2000.

33 USC 1251

note.

Long Island

Sound

Restoration Act.

114 STAT. 1974 PUBLIC LAW 106–457—NOV. 7, 2000

‘‘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:

‘‘(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 than 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).’’.

Public

information.

33 USC 1273.

PUBLIC LAW 106–457—NOV. 7, 2000 114 STAT. 1975

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 of 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 (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.

33 USC 1300.

33 USC 1251

note.

Alternative

Water Sources

Act of 2000.

114 STAT. 1976 PUBLIC LAW 106–457—NOV. 7, 2000

‘‘(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

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;

Deadline.

PUBLIC LAW 106–457—NOV. 7, 2000 114 STAT. 1977

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 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.

22 USC 277d–43.

22 USC 277d–43

note.

22 USC 277d–43

note.

Tijuana River

Valley Estuary

and Beach

Sewage Cleanup

Act of 2000.

Mexico.

114 STAT. 1978 PUBLIC LAW 106–457—NOV. 7, 2000

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-forservices contract 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.

Deadline.

22 USC 277d–44.

PUBLIC LAW 106–457—NOV. 7, 2000 114 STAT. 1979

(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.

(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).

Records.

Records.

114 STAT. 1980 PUBLIC LAW 106–457—NOV. 7, 2000

(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.).

(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

22 USC 277d–45.

Deadline.

PUBLIC LAW 106–457—NOV. 7, 2000 114 STAT. 1981

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.

(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.

Mississippi.

33 USC 2901

note.

33 USC 2901

note.

22 USC 277d–46.

114 STAT. 1982 PUBLIC LAW 106–457—NOV. 7, 2000

LEGISLATIVE HISTORY—S. 835 (H.R. 1775) (H.R. 3039):

HOUSE REPORTS: Nos. 106–550 accompanying H.R. 3039 (Comm. on Transportation and Infrastructure), 106–561, Pt. 1 (Comm. Transportation and Infrastructure) and Pt. 2 (Comm. on Resources)

both accompanying H.R. 1775, and 106–995 (Comm. of Conference).

SENATE REPORTS: No. 106–189 (Comm. on Environment and Public Works).

CONGRESSIONAL RECORD Vol. 146 (2000):

Mar. 30, considered and passed Senate.

Sept. 12, considered and passed House, amended.

Oct. 23, Senate agreed to conference report.

Oct. 25, House agreed to conference report.

Æ

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.’’.

Approved November 7, 2000.