I

104TH CONGRESS

1ST SESSION H. R. 1438

To amend the Federal Water Pollution Control Act to provide special funding

to States for implementation of national estuary conservation and management plans, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

APRIL 6, 1995

Mrs. LOWEY (for herself, Ms. DELAURO, Mr. GEJDENSON, Mrs. KENNELLY,

Mr. BONIOR, Mr. YATES, Mr. MILLER of California, Mr. FRANK of Massachusetts, Mr. ACKERMAN, Mr. ENGEL, Mr. MANTON, Mr. SERRANO,

Ms. ESHOO, Mr. FILNER, Ms. PELOSI, Ms. WOOLSEY, Ms. FURSE, Mr.

REED, Mr. TORRES, Ms. HARMAN, Ms. NORTON, Mr. PALLONE, Mr.

MCDERMOTT, Mr. TOWNS, Mr. WAXMAN, Ms. WATERS, Mr. DICKS, Mr.

VENTO, Mr. WYNN, Mr. GONZALEZ, Ms. VELA ́ZQUEZ, Mr. JOHNSTON of

Florida, Mr. MARTINEZ, Mr. MARKEY, Mr. BERMAN, Mr. HINCHEY, Mr.

ROMERO-BARCELO ́, and Mr. FALEOMAVAEGA) introduced the following

bill; which was referred to the Committee on Transportation and Infrastructure, and in addition to the Committee on Resources, for a period

to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee

concerned

A BILL

To amend the Federal Water Pollution Control Act to provide special funding to States for implementation of national estuary conservation and management plans, and

for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
2

•HR 1438 IH

1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘DeLauro-Lowey Water

3 Pollution Control and Estuary Restoration Act’’.

4 SEC. 2. FINDINGS AND PURPOSES.

5 (a) FINDINGS.—The Congress finds the following:

6 (1) The Nation’s estuaries are a vital natural

7 resource to which many regional economies are

8 closely tied.

9 (2) Many of the Nation’s estuaries are under a

10 severe threat from point source pollution and pol11 luted run-off (nonpoint source pollution) and from

12 habitat alteration and destruction.

13 (3) Only through expanded investments in

14 waste water treatment and other water and sediment

15 pollution control and prevention efforts can the envi16 ronmental and economic values of the Nation’s estu17 aries be restored and protected.

18 (4) The National Estuary Program created

19 under the Federal Water Pollution Control Act has

20 significantly advanced the Nation’s understanding of

21 the declining condition of the Nation’s estuaries.

22 (5) The National Estuary Program has also

23 provided precise information about the corrective

24 and preventative measures required to reverse the

25 degradation of water and sediment quality and to
3

•HR 1438 IH

1 halt the alteration and destruction of vital habitat in

2 the Nation’s estuaries.

3 (6) The level of funding available to States, mu4 nicipalities, and the Environmental Protection Agen5 cy for implementation of approved conservation and

6 management plans is inadequate, and additional fi7 nancial resources must be provided.

8 (7) Funding for implementation of approved

9 conservation and management plans should be pro10 vided under the State revolving loan fund program

11 authorized by title VI of the Federal Water Pollu12 tion Control Act.

13 (8) Authorization levels for State revolving loan

14 fund capitalization grants should be increased by an

15 amount necessary to ensure the achievement of the

16 goals of the Federal Water Pollution Control Act.

17 (b) PURPOSES.—The purposes of this Act are—

18 (1) to expand and strengthen efforts to combat

19 the serious and growing water and sediment quality

20 problems in estuaries of national significance identi21 fied under the Federal Water Pollution Control Act;

22 (2) to provide significant levels of Federal as23 sistance to States and municipalities seeking to im24 plement comprehensive conservation and manage25 ment plans for those estuaries;
4

•HR 1438 IH

1 (3) to reauthorize section 320 of the Federal

2 Water Pollution Control Act in order to improve the

3 development and implementation of comprehensive

4 conservation and management plans for those estu5 aries; and

6 (4) to extend and increase Federal support for

7 the State water pollution control revolving fund pro8 gram in order to address various water and sediment

9 quality problems in the waters of the United States.

10 SEC. 3. EXTENSION OF WATER POLLUTION CONTROL RE11 VOLVING LOAN FUND PROGRAM.

12 (a) ALLOTMENT FORMULA.—Section 604(a) of the

13 Federal Water Pollution Control Act (33 U.S.C. 1383(a))

14 is amended—

15 (1) by striking ‘‘Sums authorized’’ and insert16 ing ‘‘Except as provided in section 608, sums au17 thorized’’; and

18 (2) by striking ‘‘and 1990’’ and inserting

19 ‘‘through 2002’’.

20 (b) FUNDING.—Section 607 of such Act (33 U.S.C.

21 1387) is amended by striking ‘‘the following sums:’’ and

22 all that follows through the end of the section and insert23 ing the following: ‘‘$4,000,000,000 for each of the fiscal

24 years 1996 and 1997, and $5,000,000,000 for each of the

25 fiscal years 1998, 1999, 2000, 2001, and 2002.’’.
5

•HR 1438 IH

1 SEC. 4. FUNDING FOR IMPLEMENTATION OF ESTUARY CON2 SERVATION AND MANAGEMENT PLANS.

3 Title VI of the Federal Water Pollution Control Act

4 (33 U.S.C. 1381 et seq.) is amended by adding at the end

5 the following:

6 ‘‘SEC. 608. CAPITALIZATION GRANTS TO STATES FOR IM7 PLEMENTING ESTUARY CONSERVATION AND

8 MANAGEMENT PLANS.

9 ‘‘(a) SET-ASIDE FOR IMPLEMENTING APPROVED

10 PLANS.—

11 ‘‘(1) SET-ASIDE.—

12 ‘‘(A) IN GENERAL.—Of amounts appro13 priated under the authority of section 607 for

14 each fiscal year, the applicable percentage

15 under subparagraph (B) shall be used by the

16 Administrator to make capitalization grants

17 under this title to qualified States.

18 ‘‘(B) PERCENTAGE.—For purposes of sub19 section (A), the applicable percentage is—

20 ‘‘(i) 2.5 percent for fiscal year 1996;

21 ‘‘(ii) 5 percent for fiscal year 1997;

22 ‘‘(iii) 7.5 percent for fiscal year 1998;

23 ‘‘(iv) 10 percent for fiscal year 1999;

24 ‘‘(v) 12.5 percent for fiscal year 2000;

25 ‘‘(vi) 15 percent for fiscal year 2001;

26 and
6

•HR 1438 IH

1 ‘‘(vii) 15 percent for fiscal year 2002.

2 ‘‘(2) ALLOCATION.—Of amounts required under

3 paragraph (1) to be used for grants to qualified

4 States for a fiscal year, the Administrator shall allo5 cate to each qualified State an amount equal to—

6 ‘‘(A) the total amounts required under

7 paragraph (1) to be used for such grants for

8 that fiscal year, multiplied by

9 ‘‘(B) the percentage specified by the Ad10 ministrator for the fiscal year for that State

11 under paragraph (3)(B).

12 ‘‘(3) DETERMINATION OF STATE NEEDS.—Not

13 later than 120 days after the date on which all

14 qualified States have submitted under paragraph

15 (4)(A) estimates of the needs of the States for finan16 cial assistance for a fiscal year, the Administrator

17 shall—

18 ‘‘(A) determine the needs of each qualified

19 State for financing implementation of approved

20 estuary plans in the fiscal year, based on—

21 ‘‘(i) the Administrator’s ranking of

22 each project or activity included in all the

23 needs estimates submitted, according to

24 the severity of the pollution problem each

25 project or activity will address; and
7

•HR 1438 IH

1 ‘‘(ii) the Administrator’s determina2 tion of which projects or activities should

3 be included in the approved estimate of

4 needs for each qualifying State; and

5 ‘‘(B) submit to the Congress a report de6 scribing the cost of each project or activity in7 cluded in each approved estimate of needs for

8 each State, the total for all qualified States,

9 and a percentage for purposes of paragraph

10 (2)(B) representing such approved needs of the

11 qualified State relative to such approved needs

12 of all qualified States.

13 ‘‘(4) STATE ESTIMATE OF NEEDS.—

14 ‘‘(A) SUBMISSION.—Not later than July 1

15 of each year, each qualified State shall submit

16 to the Administrator an estimate of the needs

17 of the State for financial assistance for imple18 menting, monitoring, and enforcing approved

19 estuary plans in the next fiscal year. Such esti20 mates shall include a description of each project

21 and activity for which funding is being sought,

22 the entity which would receive the funding, the

23 need for the project or activity, and its cost.

24 Such estimates may be included in a qualified

25 State’s intended use plan under section 606(c),
8

•HR 1438 IH

1 and shall maximize economical planning, de2 sign, and construction.

3 ‘‘(B) CONSULTATION.—In preparing an es4 timate of needs under this paragraph, a quali5 fied State shall consult with each management

6 conference that is monitoring the implementa7 tion of an approved estuary plan under section

8 320 and of which the State is a member.

9 ‘‘(5) FAILURE TO SUBMIT ESTIMATE.—A quali10 fied State which does not submit an estimate for a

11 fiscal year in accordance with paragraph (4) shall

12 not be eligible for any allocation under paragraph

13 (2) for that fiscal year.

14 ‘‘(b) SEPARATE ACCOUNT.—

15 ‘‘(1) ESTABLISHMENT OF ACCOUNT.—A quali16 fied State shall establish a separate account in its

17 water pollution control revolving fund established

18 under this title, which shall be known as an ‘Estuary

19 Account’. Amounts of grants to a qualified State

20 under subsection (a) shall be deposited into the

21 Estuary Account established by the State.

22 ‘‘(2) USE.—A qualified State may use amounts

23 in its Estuary Account only for providing assistance

24 for the purpose of implementing approved estuary

25 plans that apply to the State.
9

•HR 1438 IH

1 ‘‘(c) TYPES OF ASSISTANCE.—

2 ‘‘(1) IN GENERAL.—Except as otherwise pro3 vided by State law and subject to paragraph (2),

4 amounts in the Estuary Account of a qualified State

5 may be used only for providing the types of assist6 ance described in section 603(d).

7 ‘‘(2) SPECIAL RULES.—

8 ‘‘(A) EXTENDED AMORTIZATION PE9 RIOD.—Notwithstanding section 603(d)(1)(A),

10 a loan made by a qualified State with amounts

11 in the Estuary Account of the State may be for

12 a term of not to exceed 40 years or the useful

13 life of any facility constructed with the loan,

14 whichever is less, if the borrower demonstrates

15 to the State that the borrower is experiencing

16 financial hardship.

17 ‘‘(B) PRINCIPAL SUBSIDIES.—In addition

18 to the types of assistance authorized by section

19 603(d), a qualified State may use amounts of

20 interest earned on amounts in its Estuary Ac21 count to subsidize up to 90 percent of the prin22 cipal portion of the amount of debt service of

23 an entity referred to in section 603(c)(1) that,

24 notwithstanding the availability of interest free

25 loans under section 603(d)(1)(A) and extended
10

•HR 1438 IH

1 amortization under subparagraph (A), the State

2 determines is financially unable to carry out a

3 project that is necessary for the implementation

4 of an approved estuary plan.

5 ‘‘(d) STATE MATCHING.—Notwithstanding section

6 602(b)(2), a qualified State shall deposit into its Estuary

7 Account an amount from State funds equal to at least 15

8 percent of amounts deposited into the account in the form

9 of capitalization grants to the State under this section.

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

11 definitions apply:

12 ‘‘(1) APPROVED ESTUARY PLAN.—The term

13 ‘approved estuary plan’ means a comprehensive con14 servation and management plan approved by the

15 Administrator under section 320(h).

16 ‘‘(2) ESTUARY ACCOUNT.—The term ‘Estuary

17 Account’ means a separate account established by a

18 qualified State under subsection (b) in its water pol19 lution control revolving fund.

20 ‘‘(3) QUALIFIED STATE.—The term ‘qualified

21 State’ means a State that—

22 ‘‘(A) is subject to an approved estuary

23 plan;

24 ‘‘(B) has established an estuary account in

25 accordance with subsection (b); and
11

•HR 1438 IH

1 ‘‘(C) has fulfilled its responsibilities under

2 section 320 with respect to each management

3 conference under that section of which it is a

4 member.’’.

5 SEC. 5. DISCRETIONARY GRANTS FOR IMPLEMENTATION

6 OF ESTUARY CONSERVATION AND MANAGE7 MENT PLANS.

8 (a) IN GENERAL.—Section 320 of the Federal Water

9 Pollution Control Act (33 U.S.C. 1330) is amended by re10 designating subsection (k) as subsection (l) and by insert11 ing after subsection (j) the following new subsection:

12 ‘‘(k) GRANTS FOR IMPLEMENTATION OF CONSERVA13 TION AND MANAGEMENT PLANS.—

14 ‘‘(1) IN GENERAL.—The Administrator shall

15 make grants to State, interstate, and regional water

16 pollution control agencies and entities, State coastal

17 zone management agencies, interstate agencies,

18 other public or nonprofit agencies, institutions, orga19 nizations, Indian tribes, and individuals for imple20 mentation of conservation and management plans

21 approved under this section.

22 ‘‘(2) PURPOSES.—Grants under this subsection,

23 shall be made to assist in aspects of implementation

24 of such plans which involve innovative technology,

25 research and development, education, pollution pre-
12

•HR 1438 IH

1 vention, comprehensive land use planning, and other

2 activities not generally funded by the State under

3 this title.

4 ‘‘(3) FEDERAL SHARE.—The amount of grants

5 to any person (including a State, interstate, or re6 gional agency or entity) under this subsection for a

7 fiscal year shall not exceed 75 percent of the cost of

8 implementation of such plans.

9 ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.—

10 There is authorized to be appropriated to the Ad11 ministrator to carry out this subsection not to ex12 ceed $50,000,000 per fiscal year for each of fiscal

13 years 1996 through 2002.’’.

14 (b) FUNDING FOR INTERIM ACTIONS.—Section

15 320(g)(2) of such Act (33 U.S.C. 1330(g)(2)) is amended

16 by inserting before the period the following: ‘‘, and for ap17 propriate interim actions that are adopted by the manage18 ment conference and approved in accordance with sub19 section (h) to protect the water and sediment quality of

20 the estuary that is the subject of such a plan’’.

21 (c) GRANT REPORTING.—Section 320(h) of such Act

22 (33 U.S.C. 1330(h)) is amended by striking ‘‘subsection

23 (g)’’ and inserting ‘‘subsection (i) and that receives a

24 grant under subsection (m)’’.
13

•HR 1438 IH

1 (d) CONFORMING AMENDMENT.—Section 320(g) of

2 such Act (33 U.S.C. 1330(g)) is amended by inserting

3 ‘‘DEVELOPMENT’’ before ‘‘GRANTS.—’’.

4 SEC. 6. EXTENSION OF CONSERVATION AND MANAGEMENT

5 PLAN DEVELOPMENT GRANT PROGRAM.

6 Section 320(i) of the Federal Water Pollution Control

7 Act (33 U.S.C. 1330(i)) is amended—

8 (1) by inserting ‘‘and $28,000,000 per fiscal

9 year for each of fiscal years 1992 through 2002’’

10 after ‘‘and 1991’’; and

11 (2) by inserting ‘‘for fiscal years 1987 through

12 1991, and $8,000,000 per fiscal year of the sums

13 authorized to be appropriated under this subsection

14 for fiscal years 1992 through 2002,’’ before ‘‘to the

15 Administrator of the National’’.

16 SEC. 7. NATIONAL ESTUARY PROGRAM IMPROVEMENT.

17 (a) MANAGEMENT PLANS.—Section 320(b) of the

18 Federal Water Pollution Control Act (33 U.S.C. 1330(b))

19 is amended—

20 (1) by striking the matter preceding paragraph

21 (1) and inserting the following:

22 ‘‘(b) PURPOSES OF CONFERENCE.—The purpose of

23 any management conference convened with respect to an

24 estuary under this section shall be to ensure, through a

25 comprehensive planning process, full implementation of
14

•HR 1438 IH

1 the requirements of sections 303, 304(l), 305(b), 319,

2 402, and 404 of this Act, and to identify, plan, and ensure

3 implementation of additional measures necessary to

4 achieve compliance with water quality standards and to

5 protect existing and designated uses of coastal waters and

6 the integrity of aquatic habitat. To achieve these purposes

7 a management conference shall—’’;

8 (2) by redesignating paragraphs (1), (2), (3),

9 (4), (5), (6), and (7) as paragraphs (2), (3), (4),

10 (6), (8), (10), and (11), respectively;

11 (3) by inserting before paragraph (2), as so re12 designated, the following new paragraph:

13 ‘‘(1) conduct within 1 year after the convening

14 of the conference a literature survey to identify ex15 isting information on the environmental health of

16 the estuary;’’;

17 (4) by inserting after paragraph (4), as so re18 designated, the following:

19 ‘‘(5) identify within 3 years after the convening

20 of the conference the major environmental problems

21 and priorities that the comprehensive conservation

22 and management plan will address;’’;

23 (5) in paragraph (6), as so redesignated, by in24 serting ‘‘, within 5 years after the date on which the

25 management conference is convened and in accord-
15

•HR 1438 IH

1 ance with the applicable guidance document pub2 lished under subsection (e),’’ after ‘‘plan’’;

3 (6) in paragraph (6), as so redesignated, by in4 serting ‘‘(including policies enforceable under State

5 law)’’ after ‘‘actions’’;

6 (7) by inserting after paragraph (6), as so re7 designated, the following:

8 ‘‘(7) submit to the Administrator in the first

9 year following the convening of the conference, an

10 initial 5-year budget for the development of the con11 servation and management plan, and revise such

12 budget on an annual basis;’’;

13 (8) by inserting after paragraph (8), as so re14 designated, the following:

15 ‘‘(9) conduct an analysis, within 3 years after

16 the convening of the conference, of any changes to

17 State statutory authority that will be required to im18 plement the conservation and management plan and,

19 provided such changes are more protective of aquatic

20 resources than the previous law, publish the full text

21 of such statutory authority and proposed changes

22 and a plain language description of them in the con23 servation and management plan proposed for ap24 proval under subsection (b)(3), and update such
16

•HR 1438 IH

1 analysis and publication on an annual basis there2 after;’’;

3 (9) in paragraph (10), as so redesignated, by

4 striking ‘‘and’’ after the semicolon;

5 (10) in paragraph (11), as so redesignated, by

6 striking the period and inserting a semicolon;

7 (11) by inserting after paragraph (11), as so

8 redesignated, the following:

9 ‘‘(12) identify all Federal activities (including

10 development projects, financial assistance programs,

11 and licensing and permitting activities) that may af12 fect the requirements and objectives of the conserva13 tion and management plan developed under this sec14 tion, and ensure that such plan is at a minimum

15 consistent with all Federal licensing and permitting

16 requirements of this Act and other Federal laws or

17 provides for greater protection of the integrity of

18 natural aquatic habitat or water or sediment quality;

19 ‘‘(13) identify all pollutants and water bodies

20 for which development of maximum daily loads are

21 necessary pursuant to section 303, and establish a

22 schedule whereby all such total maximum daily loads

23 and wasteload and load allocations shall be com24 pleted within 5 years of approval of a conservation

25 and management plan pursuant to this section;
17

•HR 1438 IH

1 ‘‘(14) ensure that all permits issued under sec2 tion 402 are current for significant dischargers with3 in an estuary that is subject to a conservation and

4 management plan, and ensure that, if multiple dis5 chargers affect a single segment of such estuary, the

6 dischargers are placed on simultaneous permit issu7 ance schedules to allow for efficient wasteload alloca8 tion;

9 ‘‘(15) ensure that if an estuary subject to a

10 conservation and management plan is affected by

11 combined sewer overflows, development and imple12 mentation of a combined sewer overflow abatement

13 plan is included in the conservation and manage14 ment plan; and

15 ‘‘(16) identify portions of the conservation and

16 management plan developed under this section which

17 should be included in a State coastal zone manage18 ment program approved under section 306(c) of the

19 Coastal Zone Management Act of 1972 and make

20 appropriate recommendations to the Governor and

21 the Under Secretary for that inclusion.’’; and

22 (12) in the matter following paragraph (16) (as

23 such paragraph is added by this subsection) by

24 striking ‘‘paragraph (7)’’ and inserting ‘‘paragraph

25 (11)’’.
18

•HR 1438 IH

1 (b) FISHERIES AND WILDLIFE.—

2 (1) MEMBERS OF CONFERENCE.—Section

3 320(c) of the Federal Water Pollution Control Act

4 (33 U.S.C. 1330(c)) is amended—

5 (A) in paragraph (3) by inserting ‘‘includ6 ing those Federal agencies with responsibility

7 for conserving and protecting living resources

8 including fish, shellfish, and wildlife,’’ after

9 ‘‘Federal agency,’’; and

10 (B) in paragraph (5) by inserting ‘‘includ11 ing the agricultural industry,’’ after ‘‘indus12 tries,’’.

13 (2) RESEARCH.—Section 320(j)(2) of the Fed14 eral Water Pollution Control Act (33 U.S.C.

15 1330(j)(2)) is amended by inserting ‘‘and the Direc16 tor of the United States Fish and Wildlife Service’’

17 after ‘‘Administration’’.

18 (c) PARTICIPATION OF MUNICIPALITIES.—Section

19 320(c)(4) of the Federal Water Pollution Control Act (33

20 U.S.C. 1330(c)(4)) is amended by striking ‘‘local govern21 ments’’ and inserting ‘‘municipalities’’.

22 (d) PARTICIPATION OF ENVIRONMENTAL ORGANIZA23 TIONS.—Section 320(c)(5) of the Federal Water Pollution

24 Control Act (33 U.S.C. 1330(c)(5)) is amended by insert-
19

•HR 1438 IH

1 ing ‘‘, including environmental organizations’’ after ‘‘the

2 general public’’.

3 (e) DUTIES OF MEMBERS OF CONFERENCE.—Sec4 tion 320 of the Federal Water Pollution Control Act (33

5 U.S.C. 1330) is amended—

6 (1) by redesignating subsections (d), (e), (f),

7 (g), (h), (i), (j), (k), and (l) as subsections (f), (g),

8 (h), (i), (j), (k), (l), (m), and (n), respectively; and

9 (2) by inserting after subsection (c) the follow10 ing:

11 ‘‘(d) DUTIES OF MEMBERS.—

12 ‘‘(1) ADMINISTRATOR.—

13 ‘‘(A) IN GENERAL.—The Administrator

14 shall provide necessary levels of funding and

15 staff resources to carry out the functions of the

16 Administrator related to the development, ap17 proval, implementation, and monitoring of a

18 conservation and management plan under this

19 section and of approved interim measures.

20 ‘‘(B) ANALYSIS OF FEDERAL NEEDS.—Not

21 later than 120 days after the date of the enact22 ment of this subparagraph, the Comptroller

23 General of the United States shall submit to

24 the Congress and to the Administrator an anal25 ysis of the needs of the Environmental Protec-
20

•HR 1438 IH

1 tion Agency for additional personnel and ad2 ministrative resources necessary to fully carry

3 out its duties under this section. Such analysis

4 shall include recommendations regarding nec5 essary additional authorizations and appropria6 tions.

7 ‘‘(C) POLICY AND TECHNICAL LIAISON.—

8 The Administrator or his or her designee shall,

9 among other functions performed with respect

10 to management conferences, serve as policy and

11 technical liaison for all participants in manage12 ment conferences.

13 ‘‘(2) UNDER SECRETARY.—The Under Sec14 retary of Commerce for Oceans and Atmosphere

15 shall provide the necessary levels of funding and

16 staff resources to carry out the functions of the

17 Under Secretary under this section, and shall coordi18 nate the activities of the Under Secretary with each

19 management conference convened under this section.

20 ‘‘(e) GUIDANCE DOCUMENT.—

21 ‘‘(1) IN GENERAL.—Not later than 9 months

22 after the date of the enactment of this paragraph,

23 the Administrator shall issue a guidance document

24 which establishes requirements for—
21

•HR 1438 IH

1 ‘‘(A) management conferences to follow in

2 developing and monitoring conservation and

3 management plans, including requirements to

4 ensure that—

5 ‘‘(i) the plan addresses each existing

6 or foreseeable material impairment of the

7 chemical, physical, and biological integrity

8 of the estuary’s waters;

9 ‘‘(ii) the plan authorizes the Adminis10 trator to delete proposed actions from the

11 plan;

12 ‘‘(iii) the plan ranks each proposed

13 action included in the plan for funding

14 purposes in order of priority and author15 izes the Administrator to modify such

16 ranking; and

17 ‘‘(iv) no person engaged in business

18 for profit or State or local agency or au19 thority whose responsibilities include the

20 promotion of economic development shall

21 have the power, singly or in combination,

22 to prevent the inclusion of any proposed

23 action in the plan;

24 ‘‘(B) approving the implementation of in25 terim actions to protect the water quality of the
22

•HR 1438 IH

1 estuary for which a conservation and manage2 ment plan is developed; and

3 ‘‘(C) the Administrator to follow in approv4 ing or disapproving each strategy included in

5 such conservation and management plans, in6 cluding requirements to ensure that effective

7 measures to reduce the most serious problems

8 in the estuary receive priority for funding and

9 requirements to prevent funding for projects

10 which cause or encourage the unnecessary de11 struction or alteration of aquatic habitat.

12 ‘‘(2) PUBLICATION OF PROPOSED DOCU13 MENT.—The Administrator shall publish a proposed

14 guidance document under this subsection by not

15 later than 6 months after the date of the enactment

16 of this paragraph. Notwithstanding section

17 553(a)(2) of title 5, United States Code, the Admin18 istrator shall provide at least 30 days advance notice

19 of the proposed adoption of a guidance document

20 under this subsection and comply in all other re21 spects with section 553(b), (c), and (e) of such title

22 with respect to the guidance document. The guid23 ance document shall be deemed to be a substantive

24 rule of general applicability for purposes of section

25 552(a)(1)(D) of such title.’’.
23

•HR 1438 IH

1 (f) MANAGEMENT CONFERENCES.—Section 320(g)

2 of the Federal Water Pollution Control Act, as redesig3 nated by subsection (c)(1), is amended—

4 (1) by striking ‘‘A management’’ and inserting

5 ‘‘(1) IN GENERAL.—’’;

6 (2) by indenting paragraph (1), as so des7 ignated, and moving the text 2 ems to the right; and

8 (3) by adding at the end the following:

9 ‘‘(2) TERMINATION OF CONFERENCES.—Upon

10 the application of any resident of a State located in

11 whole or in part in the estuarine zone of the estuary

12 for which the conference was convened, or any af13 fected person, or on the Administrator’s own initia14 tive, the Administrator shall terminate a manage15 ment conference whenever—

16 ‘‘(A) the management conference has failed

17 to perform any of the duties prescribed in sub18 section (b);

19 ‘‘(B) the management conference is un20 likely to achieve the purposes specified in sub21 section (b);

22 ‘‘(C) the management conference has de23 layed or interfered with the enforcement or im24 plementation of any provision of this Act; or
24

•HR 1438 IH

1 ‘‘(D) termination of the management con2 ference would promote the restoration and

3 maintenance of the chemical, physical, and bio4 logical integrity of the estuary, including the

5 factors specified in subsection (b)(6).’’.

6 (g) APPROVAL AND IMPLEMENTATION OF CONSERVA7 TION AND MANAGEMENT PLANS; PUBLIC REVIEW AND

8 COMMENT.—Section 320(h) of the Federal Water Pollu9 tion Control Act, as redesignated by subsection (c)(1), is

10 amended to read as follows:

11 ‘‘(h) APPROVAL AND IMPLEMENTATION OF PLANS

12 AND INTERIM ACTIONS.—

13 ‘‘(1) APPROVAL OF PLANS.—Not later than 120

14 days after the date of the completion of a conserva15 tion and management plan and after providing for

16 public review and comment, the Administrator shall

17 approve such plan if—

18 ‘‘(A) it complies with the applicable guid19 ance document published under subsection (c);

20 ‘‘(B) it meets the requirements of this sec21 tion;

22 ‘‘(C) it specifies the implementation re23 sponsibilities, including funding responsibilities

24 and implementation schedules, of the Federal

25 Government and of State and local governments
25

•HR 1438 IH

1 that participated in the development of the

2 plan, ensures that the lowest cost and least en3 vironmentally damaging alternatives for achiev4 ing specified goals have been selected, and sets

5 priorities for funding to ensure that measures

6 to address the most serious pollution problems

7 will be funded first;

8 ‘‘(D) the affected Governor or Governors

9 concur;

10 ‘‘(E) the affected Governor or Governors

11 certify that they have the authority to under12 take the actions called for in the plan;

13 ‘‘(F) the Administrator determines that

14 each action called for in the plan is necessary

15 to protect, restore, and maintain the chemical,

16 physical, and biological integrity of the Nation’s

17 waters, is cost-effective, and will not alter or de18 stroy aquatic habitat; and

19 ‘‘(G) the Director of the United States

20 Fish and Wildlife Service and Assistant Admin21 istrator of the National Marine Fisheries Serv22 ice concur in the Administrator’s initial deter23 mination under subparagraph (F) and in the

24 Administrator’s final approval of the plan under

25 this section.
26

•HR 1438 IH

1 ‘‘(2) APPROVAL OF INTERIM ACTIONS.—The

2 Administrator shall approve an interim action to

3 protect the water quality of an estuary for which a

4 conservation and management plan is being devel5 oped if the action meets the requirements set forth

6 in paragraph (1) (A) through (D).

7 ‘‘(3) PUBLIC REVIEW AND COMMENT.—The Ad8 ministrator shall, before approving a conservation

9 and management plan, publish in the Federal Reg10 ister a draft of the plan and provide an opportunity

11 for public review and comment on the plan pursuant

12 to section 553 (b) through (e) of title 5, United

13 States Code.

14 ‘‘(4) IMPLEMENTATION.—Upon approval of a

15 conservation and management plan or interim ac16 tions under this section, the Administrator, as a

17 nondiscretionary duty, shall ensure that the Federal

18 responsibilities and commitments under the plan or

19 interim action are complied with and implemented in

20 accordance with the guidance document. The Admin21 istrator shall—

22 ‘‘(A) provide assistance to the management

23 conference, including administrative and tech24 nical assistance, for monitoring implementation

25 of the plan or interim action;
27

•HR 1438 IH

1 ‘‘(B) coordinate Federal programs nec2 essary for implementing the plan or interim

3 action;

4 ‘‘(C) make recommendations to the man5 agement conference on enforcement and tech6 nical assistance activities necessary to ensure

7 compliance with and implementation of the plan

8 or interim action;

9 ‘‘(D) collect and make available to the pub10 lic, publications and other forms of information

11 relating to implementation of the plan or in12 terim action; and

13 ‘‘(E) make grants under the authority pro14 vided by this title.

15 ‘‘(5) FUNDING.—Funds authorized to be appro16 priated under titles II and VI, section 319, and this

17 section may be used in accordance with the applica18 ble requirements of this Act to assist States with the

19 implementation of such conservation and manage20 ment plans. Funds authorized to be appropriated

21 under section 319 and this section may also be used

22 in accordance with the applicable requirements of

23 this Act to assist States with the implementation of

24 such interim actions.
28

•HR 1438 IH

1 ‘‘(6) CONSISTENCY.—Upon approval of a con2 servation and management plan or interim action

3 under this section, no Federal financial assistance,

4 project, or activity may be provided or approved that

5 is inconsistent with such plan unless the Adminis6 trator, the Assistant Director of the United States

7 Fish and Wildlife Service, and the Assistant Admin8 istrator of the National Marine Fisheries Service

9 each determines that such assistance, project, or ac10 tivity will provide greater protection to the integrity

11 of natural aquatic habitat or water or sediment qual12 ity in the estuary than such plan or interim action

13 would otherwise provide, and will not alter or de14 stroy aquatic habitat. Nothing in this section, any

15 conservation or management plan, or any interim ac16 tion shall supersede any requirement of this Act or

17 any other Federal law.’’.

18 (h) HABITAT PROTECTION.—Section 320 of the Fed19 eral Water Pollution Control Act (33 U.S.C. 1330) is

20 amended by adding at the end the following:

21 ‘‘(o) HABITAT PROTECTION.—No project or activity

22 that is located in whole or in part in waters of the United

23 States or which in whole or in part serves new develop24 ment located in such waters shall be included in a con25 servation and management plan or a State estimate of
29

•HR 1438 IH

1 needs under this section unless the Administrator, the Di2 rector of the United States Fish and Wildlife Service, and

3 the Assistant Administrator of the National Marine Fish4 eries Service each determines that—

5 ‘‘(1) the project or activity is essential to reduce

6 the discharge of pollutants into the navigable waters;

7 and

8 ‘‘(2) there is no practicable alternative to the

9 proposed project or activity that would have a less

10 adverse impact on existing natural aquatic habitat.’’.

Æ

HR 1438 IH——2

HR 1438 IH——3