I

106TH CONGRESS

1ST SESSION H. R. 1096

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

MARCH 11, 1999

Mrs. LOWEY (for herself, Ms. DELAURO, Mr. SHAYS, Mr. LEWIS of Georgia,

Ms. PELOSI, Mr. KENNEDY of Rhode Island, Mr. ACKERMAN, Mr.

FROST, Mr. MEEHAN, and Mr. CROWLEY) introduced the following bill;

which was referred to the Committee on Transportation and Infrastructure

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,

3 SECTION 1. SHORT TITLE.

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

5 Pollution Control and Estuary Restoration Act’’.

6 SEC. 2. FINDINGS AND PURPOSES.

7 (a) FINDINGS.—The Congress finds the following:
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1 (1) The Nation’s estuaries are a vital natural

2 resource to which many regional economies are

3 closely tied.

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

5 severe threat from point source pollution and pol6 luted run-off (nonpoint source pollution) and from

7 habitat alteration and destruction.

8 (3) Only through expanded investments in

9 waste water treatment and other water and sediment

10 pollution control and prevention efforts can the envi11 ronmental and economic values of the Nation’s estu12 aries be restored and protected.

13 (4) The National Estuary Program created

14 under the Federal Water Pollution Control Act has

15 significantly advanced the Nation’s understanding of

16 the declining condition of the Nation’s estuaries.

17 (5) The National Estuary Program has also

18 provided precise information about the corrective

19 and preventative measures required to reverse the

20 degradation of water and sediment quality and to

21 halt the alteration and destruction of vital habitat in

22 the Nation’s estuaries.

23 (6) The level of funding available to States, mu24 nicipalities, and the Environmental Protection Agen25 cy for implementation of approved conservation and
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1 management plans is inadequate, and additional fi2 nancial resources must be provided.

3 (7) Funding for implementation of approved

4 conservation and management plans should be pro5 vided under the State revolving loan fund program

6 authorized by title VI of the Federal Water Pollu7 tion Control Act.

8 (8) Authorization levels for State revolving loan

9 fund capitalization grants should be increased by an

10 amount necessary to ensure the achievement of the

11 goals of the Federal Water Pollution Control Act.

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

13 (1) to expand and strengthen efforts to combat

14 the serious and growing water and sediment quality

15 problems in estuaries of national significance identi16 fied under the Federal Water Pollution Control Act;

17 (2) to provide significant levels of Federal as18 sistance to States and municipalities seeking to im19 plement comprehensive conservation and manage20 ment plans for those estuaries;

21 (3) to reauthorize section 320 of the Federal

22 Water Pollution Control Act in order to improve the

23 development and implementation of comprehensive

24 conservation and management plans for those estu25 aries; and
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1 (4) to extend and increase Federal support for

2 the State water pollution control revolving fund pro3 gram in order to address various water and sediment

4 quality problems in the waters of the United States.

5 SEC. 3. EXTENSION OF WATER POLLUTION CONTROL RE6 VOLVING LOAN FUND PROGRAM.

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

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

9 is amended—

10 (1) by striking ‘‘Sums authorized’’ and insert11 ing ‘‘Except as provided in section 608, sums au12 thorized’’; and

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

14 ‘‘through 2004’’.

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

16 1387) is amended by striking paragraph (1) and all that

17 follows through the period at the end and inserting the

18 following:

19 ‘‘(1) $2,500,000,000 for fiscal year 2000.

20 ‘‘(2) $2,750,000,000 for fiscal year 2001.

21 ‘‘(3) $3,000,000,000 for fiscal year 2002.

22 ‘‘(4) $3,500,000,000 for fiscal year 2003.

23 ‘‘(5) $3,750,000,000 for fiscal year 2004.

24 ‘‘(6) $4,000,000,000 for each of fiscal years

25 2005 and 2006.’’.
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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 2000;

21 ‘‘(ii) 5 percent for fiscal year 2001;

22 ‘‘(iii) 7.5 percent for fiscal year 2002;

23 ‘‘(iv) 10 percent for fiscal year 2003;

24 ‘‘(v) 12.5 percent for fiscal year 2004;

25 ‘‘(vi) 15 percent for fiscal year 2005;

26 and
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1 ‘‘(vii) 15 percent for fiscal year 2006.

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
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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),
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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 under section 320 that is imple7 menting an approved estuary plan and of which

8 the State is a member.

9 ‘‘(C) APPROVAL REQUIRED.—A qualified

10 State may not submit an estimate of needs

11 under this paragraph unless the estimate is ap12 proved by each management conference under

13 section 320 that is implementing an approved

14 estuary plan and of which the State is a mem15 ber.

16 ‘‘(5) FAILURE TO SUBMIT ESTIMATE.—A quali17 fied State which does not submit an estimate for a

18 fiscal year in accordance with paragraph (4) shall

19 not be eligible for any allocation under paragraph

20 (2) for that fiscal year.

21 ‘‘(b) SEPARATE ACCOUNT.—

22 ‘‘(1) ESTABLISHMENT OF ACCOUNT.—A quali23 fied State shall establish a separate account in its

24 water pollution control revolving fund established

25 under this title, which shall be known as an ‘Estuary
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1 Account’. Amounts of grants to a qualified State

2 under subsection (a) shall be deposited into the

3 Estuary Account established by the State.

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

5 in its Estuary Account only for providing assistance

6 for the purpose of implementing approved estuary

7 plans that apply to the State.

8 ‘‘(c) TYPES OF ASSISTANCE.—

9 ‘‘(1) IN GENERAL.—Except as otherwise pro10 vided by State law and subject to paragraph (2),

11 amounts in the Estuary Account of a qualified State

12 may be used only for providing the types of assist13 ance described in section 603(d).

14 ‘‘(2) SPECIAL RULES.—

15 ‘‘(A) EXTENDED AMORTIZATION PE16 RIOD.—Notwithstanding section 603(d)(1)(A),

17 a loan made by a qualified State with amounts

18 in the Estuary Account of the State may be for

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

20 life of any facility constructed with the loan,

21 whichever is less, if the borrower demonstrates

22 to the State that the borrower is experiencing

23 financial hardship.

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

25 to the types of assistance authorized by section
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1 603(d), a qualified State may use amounts of

2 interest earned on amounts in its Estuary Ac3 count to subsidize up to 90 percent of the prin4 cipal portion of the amount of debt service of

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

6 notwithstanding the availability of interest free

7 loans under section 603(d)(1)(A) and extended

8 amortization under subparagraph (A), the State

9 determines is financially unable to carry out a

10 project that is necessary for the implementation

11 of an approved estuary plan.

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

13 602(b)(2), a qualified State shall deposit into its Estuary

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

15 percent of amounts deposited into the account in the form

16 of capitalization grants to the State under this section.

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

18 definitions apply:

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

20 ‘approved estuary plan’ means a comprehensive con21 servation and management plan approved by the

22 Administrator under section 320(h).

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

24 Account’ means a separate account established by a
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1 qualified State under subsection (b) in its water pol2 lution control revolving fund.

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

4 State’ means a State that—

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

6 plan;

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

8 accordance with subsection (b); and

9 ‘‘(C) has fulfilled its responsibilities under

10 section 320 with respect to each management

11 conference under that section of which it is a

12 member.’’.

13 SEC. 5. DISCRETIONARY GRANTS FOR IMPLEMENTATION

14 OF ESTUARY CONSERVATION AND MANAGE15 MENT PLANS.

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

17 Pollution Control Act (33 U.S.C. 1330) is amended by re18 designating subsection (k) as subsection (l) and by insert19 ing after subsection (j) the following new subsection:

20 ‘‘(k) GRANTS FOR IMPLEMENTATION OF CONSERVA21 TION AND MANAGEMENT PLANS.—

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

23 make grants to State, interstate, and regional water

24 pollution control agencies and entities, State coastal

25 zone management agencies, interstate agencies,
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1 other public or nonprofit agencies, institutions, orga2 nizations, Indian tribes, and individuals for imple3 mentation of conservation and management plans

4 approved under this section.

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

6 shall be made to assist in aspects of implementation

7 of such plans which involve innovative technology,

8 research and development, education, pollution pre9 vention, comprehensive land use planning, and other

10 activities not generally funded by the State under

11 this title.

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

13 to any person (including a State, interstate, or re14 gional agency or entity) under this subsection for a

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

16 implementation of such plans.

17 ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.—

18 There is authorized to be appropriated to the Ad19 ministrator to carry out this subsection not to ex20 ceed $50,000,000 per fiscal year for each of fiscal

21 years 2000 through 2006.’’.

22 (b) FUNDING FOR INTERIM ACTIONS.—Section

23 320(g)(2) of such Act (33 U.S.C. 1330(g)(2)) is amended

24 by inserting before the period the following: ‘‘, and for ap25 propriate interim actions that are adopted by the manage-
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1 ment conference and approved in accordance with sub2 section (h) to protect the water and sediment quality of

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

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

5 (33 U.S.C. 1330(h)) is amended by striking ‘‘subsection

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

7 grant under subsection (m)’’.

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

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

10 ‘‘DEVELOPMENT’’ before ‘‘GRANTS.—’’.

11 SEC. 6. EXTENSION OF CONSERVATION AND MANAGEMENT

12 PLAN DEVELOPMENT GRANT PROGRAM.

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

14 Act (33 U.S.C. 1330(i)) is amended—

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

16 year for each of fiscal years 1992 through 2004’’

17 after ‘‘and 1991’’; and

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

19 1991, and $8,000,000 per fiscal year of the sums

20 authorized to be appropriated under this subsection

21 for fiscal years 1992 through 2004,’’ before ‘‘to the

22 Administrator of the National’’.
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1 SEC. 7. NATIONAL ESTUARY PROGRAM IMPROVEMENT.

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

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

4 is amended—

5 (1) by striking the matter preceding paragraph

6 (1) and inserting the following:

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

8 any management conference convened with respect to an

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

10 comprehensive planning process, full coordination and full

11 implementation of the requirements of sections 303,

12 304(l), 305(b), 319, 402, and 404 of this Act and the

13 Coastal Zone Management Act of 1972, and to identify,

14 plan, and ensure implementation of additional measures

15 necessary to achieve compliance with water quality stand16 ards and to protect existing and designated uses of coastal

17 waters and the integrity of aquatic habitat. To achieve

18 these purposes, a management conference shall—’’;

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

20 (4), (5), (6), and (7) as paragraphs (2), (3), (4),

21 (6), (8), (10), and (11), respectively;

22 (3) by inserting before paragraph (2), as so re23 designated, the following new paragraph:

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

25 of the conference a literature survey to identify ex-
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1 isting information on the environmental health of

2 the estuary;’’;

3 (4) by inserting after paragraph (4), as so re4 designated, the following:

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

6 of the conference the major environmental problems

7 and priorities that the comprehensive conservation

8 and management plan will address;’’;

9 (5) in paragraph (6), as so redesignated, by in10 serting ‘‘, within 5 years after the date on which the

11 management conference is convened and in accord12 ance with the applicable guidance document pub13 lished under subsection (e),’’ after ‘‘plan’’;

14 (6) in paragraph (6), as so redesignated, by in15 serting ‘‘(including policies enforceable under State

16 law)’’ after ‘‘actions’’;

17 (7) by inserting after paragraph (6), as so re18 designated, the following:

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

20 year following the convening of the conference, an

21 initial 5-year budget for the development of the con22 servation and management plan, and revise such

23 budget on an annual basis;’’;

24 (8) by inserting after paragraph (8), as so re25 designated, the following:
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1 ‘‘(9) conduct an analysis, within 3 years after

2 the convening of the conference, of any changes to

3 State statutory authority that will be required to im4 plement the conservation and management plan and,

5 provided such changes are more protective of aquatic

6 resources than the previous law, publish a citation to

7 such statutory authority and the proposed changes

8 (and a plain language description and summary) in

9 the conservation and management plan proposed for

10 approval under subsection (h), and update such

11 analysis and publication on an annual basis there12 after;’’;

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

14 striking ‘‘and’’ after the semicolon;

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

16 striking the period and inserting a semicolon;

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

18 redesignated, the following:

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

20 development projects, financial assistance programs,

21 and licensing and permitting activities) that may af22 fect the requirements and objectives of the conserva23 tion and management plan developed under this sec24 tion, ensure the coordinated implementation of the

25 plan with respect to those activities, and ensure that
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1 the plan is at a minimum consistent with all Federal

2 licensing and permitting requirements of this Act

3 and other Federal laws or provides for greater pro4 tection of the integrity of natural aquatic habitat or

5 water or sediment quality;

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

7 for which development of maximum daily loads are

8 necessary pursuant to section 303, and establish a

9 schedule whereby all such total maximum daily loads

10 and wasteload and load allocations shall be com11 pleted within 5 years of approval of a conservation

12 and management plan pursuant to this section;

13 ‘‘(14) ensure that all permits issued under sec14 tion 402 are current for significant dischargers with15 in an estuary that is subject to a conservation and

16 management plan, and ensure that, if multiple dis17 chargers affect a single segment of such estuary, the

18 dischargers are placed on simultaneous permit

19 issuance schedules to allow for efficient wasteload al20 location;

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

22 conservation and management plan is affected by

23 combined sewer overflows, development and imple24 mentation of a combined sewer overflow abatement
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1 plan is included in the conservation and manage2 ment plan; and

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

4 management plan developed under this section which

5 should be included in a State coastal zone manage6 ment program approved under section 306(c) of the

7 Coastal Zone Management Act of 1972 and make

8 appropriate recommendations to the Governor and

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

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

11 such paragraph is added by this subsection) by

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

13 (11)’’.

14 (b) FISHERIES AND WILDLIFE.—

15 (1) MEMBERS OF CONFERENCE.—Section

16 320(c) of the Federal Water Pollution Control Act

17 (33 U.S.C. 1330(c)) is amended—

18 (A) in paragraph (3) by inserting ‘‘includ19 ing those Federal agencies with responsibility

20 for conserving and protecting living resources

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

22 ‘‘Federal agency,’’; and

23 (B) in paragraph (5) by inserting ‘‘includ24 ing the agricultural industry,’’ after ‘‘indus25 tries,’’.
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1 (2) RESEARCH.—Section 320(j)(2) of the Fed2 eral Water Pollution Control Act (33 U.S.C.

3 1330(j)(2)) is amended by inserting ‘‘and the Direc4 tor of the United States Fish and Wildlife Service’’

5 after ‘‘Administration’’.

6 (c) PARTICIPATION OF MUNICIPALITIES.—Section

7 320(c)(4) of the Federal Water Pollution Control Act (33

8 U.S.C. 1330(c)(4)) is amended by striking ‘‘local govern9 ments’’ and inserting ‘‘municipalities’’.

10 (d) PARTICIPATION OF ENVIRONMENTAL ORGANIZA11 TIONS.—Section 320(c)(5) of the Federal Water Pollution

12 Control Act (33 U.S.C. 1330(c)(5)) is amended by insert13 ing ‘‘, including environmental organizations’’ after ‘‘the

14 general public’’.

15 (e) DUTIES OF MEMBERS OF CONFERENCE.—Sec16 tion 320 of the Federal Water Pollution Control Act (33

17 U.S.C. 1330) is amended—

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

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

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

21 (2) by inserting after subsection (c) the fol22 lowing:

23 ‘‘(d) DUTIES OF MEMBERS.—

24 ‘‘(1) ADMINISTRATOR.—
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1 ‘‘(A) IN GENERAL.—The Administrator

2 shall provide necessary levels of funding and

3 staff resources to carry out the functions of the

4 Administrator related to the development, ap5 proval, implementation, and monitoring of a

6 conservation and management plan under this

7 section and of approved interim measures.

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

9 later than 120 days after the date of enactment

10 of this subparagraph, the Comptroller General

11 of the United States shall submit to Congress

12 and to the Administrator an analysis of the

13 needs of the Environmental Protection Agency

14 for additional personnel and administrative re15 sources necessary to fully carry out its duties

16 under this section. Such analysis shall include

17 recommendations regarding necessary addi18 tional authorizations and appropriations.

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

20 The Administrator or his or her designee shall,

21 among other functions performed with respect

22 to management conferences, serve as policy and

23 technical liaison for all participants in manage24 ment conferences.
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1 ‘‘(2) UNDER SECRETARY.—The Under Sec2 retary of Commerce for Oceans and Atmosphere

3 shall provide the necessary levels of funding and

4 staff resources to carry out the functions of the

5 Under Secretary under this section, and shall coordi6 nate the activities of the Under Secretary with each

7 management conference convened under this section.

8 ‘‘(e) GUIDANCE DOCUMENT.—

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

10 after the date of enactment of this paragraph, the

11 Administrator shall issue a guidance document

12 which establishes requirements for—

13 ‘‘(A) management conferences to follow in

14 developing, implementing, and monitoring con15 servation and management plans, including re16 quirements to ensure that—

17 ‘‘(i) the plan addresses each existing

18 or foreseeable material impairment of the

19 chemical, physical, and biological integrity

20 of the estuary’s waters;

21 ‘‘(ii) the plan authorizes the Adminis22 trator to delete proposed actions from the

23 plan;
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1 ‘‘(iii) the plan ranks each proposed

2 action included in the plan for funding

3 purposes in order of priority; and

4 ‘‘(iv) no person with a conflict of in5 terest in relation to the intent of this sec6 tion shall have the power, singly or in com7 bination, to prevent the inclusion of any

8 proposed action in the plan; and

9 ‘‘(B) the Administrator to follow in ap10 proving implementation strategies within the

11 conservation and management plan and in ap12 proving interim actions to protect the water

13 quality of the estuary for which a conservation

14 and management plan is developed.

15 ‘‘(2) PUBLICATION OF PROPOSED DOCU16 MENT.—The Administrator shall publish a proposed

17 guidance document under this subsection by not

18 later than 6 months after the date of enactment of

19 this paragraph. Notwithstanding section 553(a)(2)

20 of title 5, United States Code, the Administrator

21 shall provide at least 30 days advance notice of the

22 proposed adoption of a guidance document under

23 this subsection and comply in all other respects with

24 subsections (b), (c), and (e) of section 553 of such

25 title with respect to the guidance document. The
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1 guidance document shall be deemed to be a sub2 stantive rule of general applicability for purposes of

3 section 552(a)(1)(D) of such title.’’.

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

5 of the Federal Water Pollution Control Act, as redesig6 nated by subsection (e)(1) of this section, is amended to

7 read as follows:

8 ‘‘(g) PERIOD OF CONFERENCES.—

9 ‘‘(1) IN GENERAL.—A management conference

10 convened under this section shall be convened for a

11 period of at least 5 years. Upon approval of a plan

12 under subsection (h), the Administrator may, for

13 purposes of monitoring or implementing the plan,

14 extend a conference for an additional 5 years if the

15 affected Governor or Governors concur in the exten16 sion and the extension is necessary to meet the re17 quirements of this section and section 608.

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

19 the application of any resident of a State located in

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

21 for which the conference was convened, or any af22 fected person, or on the Administrator’s own initia23 tive, the Administrator shall terminate a manage24 ment conference whenever—
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1 ‘‘(A) the management conference has failed

2 to perform any of the duties prescribed in sub3 section (b);

4 ‘‘(B) the management conference is un5 likely to achieve the purposes specified in sub6 section (b);

7 ‘‘(C) the management conference has de8 layed or interfered with the enforcement or im9 plementation of any provision of this Act; or

10 ‘‘(D) termination of the management con11 ference would promote the restoration and

12 maintenance of the chemical, physical, and bio13 logical integrity of the estuary, including the

14 factors specified in subsection (b)(6).

15 ‘‘(3) RECONVENING OF CONFERENCES.—

16 ‘‘(A) IN GENERAL.—Before the deadline

17 specified in subparagraph (B), a management

18 conference convened with respect to an estuary

19 under this section shall initiate activities to—

20 ‘‘(i) review the water quality and nat21 ural resources data of the estuary;

22 ‘‘(ii) organize a public assembly to

23 gather comments about the effectiveness of

24 the implementation of the approved estu25 ary plan;
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1 ‘‘(iii) assess how successfully each of

2 the priority corrective actions included in

3 the approved estuary plan is being imple4 mented; and

5 ‘‘(iv) identify impediments to the cor6 rective actions that are not being imple7 mented in the approved estuary plan and

8 develop strategies to remove the impedi9 ments.

10 ‘‘(B) DEADLINE.—With respect to an estu11 ary for which a management conference has

12 been convened under this section, the deadline

13 specified in this subparagraph is as follows:

14 ‘‘(i) If the Administrator has ap15 proved a management plan for the estuary

16 on or before the date of enactment of this

17 paragraph, the expiration of the 3-year pe18 riod beginning on such date of enactment.

19 ‘‘(ii) If the Administrator has not ap20 proved a management plan for the estuary

21 on or before the date of enactment of this

22 paragraph, the expiration of the 4-year pe23 riod beginning on the date of approval by

24 the Administrator of a management plan

25 for the estuary.
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1 ‘‘(C) REQUIREMENT FOR RECONVENING.—

2 A management conference convened under this

3 section (other than a management conference

4 terminated pursuant to paragraph (2)) shall be

5 reconvened, if necessary, to carry out the re6 quirements of this paragraph.

7 ‘‘(D) REPORT.—Upon completion of its ac8 tivities under subparagraph (A), a management

9 conference shall submit to the Administrator a

10 report on the results of such activities.’’.

11 (g) APPROVAL AND IMPLEMENTATION OF CONSERVA12 TION AND MANAGEMENT PLANS; PUBLIC REVIEW AND

13 COMMENT.—Section 320(h) of the Federal Water Pollu14 tion Control Act, as redesignated by subsection (e)(1) of

15 this section, is amended to read as follows:

16 ‘‘(h) APPROVAL AND IMPLEMENTATION OF PLANS

17 AND INTERIM ACTIONS.—

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

19 days after the date of completion of a conservation

20 and management plan and after providing for public

21 review and comment, the Administrator shall ap22 prove such plan if—

23 ‘‘(A) it complies with the applicable guid24 ance document published under subsection (c);
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1 ‘‘(B) it meets the requirements of this sec2 tion;

3 ‘‘(C) it specifies the implementation re4 sponsibilities, including funding responsibilities

5 and implementation schedules, of the Federal

6 Government and of State and local governments

7 that participated in the development of the

8 plan;

9 ‘‘(D) the affected Governor or Governors

10 concur;

11 ‘‘(E) the affected Governor or Governors

12 certify that they have the authority to under13 take the actions called for in the plan; and

14 ‘‘(F) the Administrator determines that

15 each action called for in the plan is necessary

16 to protect, restore, and maintain the chemical,

17 physical, and biological integrity of the Nation’s

18 waters, is cost-effective, and will not alter or de19 stroy aquatic habitat.

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

21 Administrator shall approve an interim action to

22 protect the water quality of an estuary for which a

23 conservation and management plan is being devel24 oped if the action meets the requirements set forth

25 in subparagraphs (A) through (D) of paragraph (1).
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1 ‘‘(3) PUBLIC REVIEW AND COMMENT.—The Ad2 ministrator shall, before approving a conservation

3 and management plan, publish in the Federal Reg4 ister a draft of the plan and provide an opportunity

5 for public review and comment on the plan pursuant

6 to subsections (b) through (e) of section 553 of title

7 5, United States Code.

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

9 conservation and management plan or an interim ac10 tion under this section, such plan or action shall be

11 implemented. The Administrator, as a nondis12 cretionary duty, shall ensure that the Federal re13 sponsibilities and commitments under the plan or ac14 tion are complied with and implemented in accord15 ance with the guidance document. The Adminis16 trator shall—

17 ‘‘(A) provide assistance to the management

18 conference, including administrative and tech19 nical assistance, for monitoring implementation

20 of the plan or interim action;

21 ‘‘(B) coordinate Federal programs nec22 essary for implementing the plan or interim

23 action;

24 ‘‘(C) make recommendations to the man25 agement conference on enforcement and tech-
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1 nical assistance activities necessary to ensure

2 compliance with and implementation of the plan

3 or interim action;

4 ‘‘(D) collect and make available to the pub5 lic publications and other forms of information

6 relating to implementation of the plan or in7 terim action; and

8 ‘‘(E) make grants under the authority pro9 vided by this title.

10 ‘‘(5) FUNDING.—Funds authorized to be appro11 priated under titles II and VI, section 319, and this

12 section may be used in accordance with the applica13 ble requirements of this Act to assist States with the

14 implementation of such conservation and manage15 ment plans. Funds authorized to be appropriated

16 under section 319 and this section may also be used

17 in accordance with the applicable requirements of

18 this Act to assist States with the implementation of

19 such interim actions.

20 ‘‘(6) CONSISTENCY.—Upon approval of a con21 servation and management plan or interim action

22 under this section, each Federal agency activity

23 identified pursuant to subsection (b)(10) with re24 spect to such plan or interim action shall be con25 ducted in a manner which is consistent with the en-
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1 forceable requirement of the plan or interim action.

2 No Federal financial assistance, project, or activity

3 may be provided or approved that is inconsistent

4 with such plan unless the Administrator, the Assist5 ant Director of the United States Fish and Wildlife

6 Service, and the Assistant Administrator of the Na7 tional Marine Fisheries Service each determines that

8 such assistance, project, or activity will provide

9 greater protection to the integrity of natural aquatic

10 habitat or water or sediment quality in the estuary

11 than such plan or interim action would otherwise

12 provide, and will not alter or destroy aquatic habitat.

13 Nothing in this section, any conservation or manage14 ment plan, or any interim action shall supersede any

15 requirement of this Act or any other Federal law.’’.

16 (h) HABITAT PROTECTION.—Section 320 of the Fed17 eral Water Pollution Control Act (33 U.S.C. 1330) is

18 amended by adding at the end the following:

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

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

21 States or which in whole or in part serves new develop22 ment located in such waters shall be included in a con23 servation and management plan or a State estimate of

24 needs under this section unless the Administrator, the Di25 rector of the United States Fish and Wildlife Service, and
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1 the Assistant Administrator of the National Marine Fish2 eries Service each determines that—

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

4 the discharge of pollutants into the navigable waters;

5 and

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

7 proposed project or activity that would have a less

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

Æ