II 

Calendar No. 118 

112TH CONGRESS 

1ST SESSION S. 1313 

[Report No. 112–41] 

To amend the Federal Water Pollution Control Act to reauthorize the 

National Estuary Program, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 30, 2011 

Mr. WHITEHOUSE (for himself, Mr. VITTER, Mr. LIEBERMAN, Mr. CARDIN, 

Mr. BROWN of Massachusetts, and Mr. KERRY) introduced the following 

bill; which was read twice and referred to the Committee on Environment 

and Public Works 

JULY 28, 2011 

Reported by Mrs. BOXER, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL 

To amend the Federal Water Pollution Control Act to reauthorize the National Estuary Program, 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, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Clean Estuaries Act 

3 of 2011’’. 

4 SEC. 2. NATIONAL ESTUARY PROGRAM AMENDMENTS. 

5 (a) PURPOSES OF CONFERENCE.— 

6 (1) DEVELOPMENT OF COMPREHENSIVE CON7 SERVATION AND MANAGEMENT PLANS.—Section 

8 320(b) of the Federal Water Pollution Control Act 

9 (33 U.S.C. 1330(b)) is amended by striking para10 graph (4) and inserting the following: 

11 ‘‘(4) develop and submit to the Administrator a 

12 comprehensive conservation and management plan 

13 that— 

14 ‘‘(A) identifies the estuary and the associ15 ated upstream waters of the estuary to be ad16 dressed by the plan, with consideration given to 

17 hydrological boundaries; 

18 ‘‘(B) recommends priority protection, con19 servation, and corrective actions and compliance 

20 schedules that address point and nonpoint 

21 sources of pollution— 

22 ‘‘(i) to restore and maintain the chem23 ical, physical, and biological integrity of 

24 the estuary, including— 


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1 ‘‘(I) restoration and maintenance 

2 of water quality, including wetlands 

3 and natural hydrological flows; 

4 ‘‘(II) a resilient and diverse in5 digenous population of shellfish, fish, 

6 and wildlife; and 

7 ‘‘(III) recreational activities in 

8 the estuary; and 

9 ‘‘(ii) to ensure that the designated 

10 uses of the estuary are protected; 

11 ‘‘(C)(i) identifies healthy and impaired wa12 tershed components, including significant ad13 verse impacts to the estuary outside the area 

14 addressed by the plan that could affect the 

15 water quality and ecological integrity of the es16 tuary, and the sources of those adverse impacts, 

17 by carrying out integrated assessments that in18 clude assessments of— 

19 ‘‘(I) aquatic habitat and biological in20 tegrity; 

21 ‘‘(II) water quality; and 

22 ‘‘(III) natural hydrologicalal flows; 

23 and 

24 ‘‘(ii) provides the applicable Federal or 

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1 fied adverse impacts and the sources of those 

2 adverse impacts; 

3 ‘‘(D) considers current and future sustain4 able commercial activities in the estuary; 

5 ‘‘(E) addresses the impacts of the chang6 ing climate on the estuary, including— 

7 ‘‘(i) the identification and assessment 

8 of vulnerabilities in the estuary; 

9 ‘‘(ii) the development and implementa10 tion of adaptation strategies; and 

11 ‘‘(iii) the potential impacts of changes 

12 in sea level on estuarine water quality, es13 tuarine habitat, and infrastructure located 

14 in the estuary; 

15 ‘‘(F) increases public education and aware16 ness with respect to— 

17 ‘‘(i) the ecological health of the estu18 ary; 

19 ‘‘(ii) the water quality conditions of 

20 the estuary; and 

21 ‘‘(iii) ocean, estuarine, land, and at22 mospheric connections and interactions; 

23 ‘‘(G) includes performance measures and 

24 goals to track implementation of the plan; and 


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1 ‘‘(H) includes a coordinated monitoring 

2 strategy for Federal, State, and local govern3 ments and other entities.’’. 

4 (2) MONITORING AND MAKING RESULTS AVAIL5 ABLE.—Section 320(b) of the Federal Water Pollu6 tion Control Act (33 U.S.C. 1330(b)) is amended by 

7 striking paragraph (6) and inserting the following: 

8 ‘‘(6) monitor (and make results available to the 

9 public regarding)— 

10 ‘‘(A) water quality conditions in the estu11 ary and the associated upstream waters of the 

12 estuary identified under paragraph (4)(A); 

13 ‘‘(B) watershed and habitat conditions that 

14 relate to the ecological health and water quality 

15 conditions of the estuary; and 

16 ‘‘(C) the effectiveness of actions taken pur17 suant to the comprehensive conservation and 

18 management plan developed for the estuary 

19 under this subsection;’’. 

20 (3) INFORMATION AND EDUCATIONAL ACTIVI21 TIES.—Section 320(b) of the Federal Water Pollu22 tion Control Act (33 U.S.C. 1330(b)) is amended— 

23 (A) by redesignating paragraph (7) as 

24 paragraph (8); and 


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1 (B) by inserting after paragraph (6) the 

2 following: 

3 ‘‘(7) provide information and educational activi4 ties on the ecological health and water quality condi5 tions of the estuary; and’’. 

6 (4) CONFORMING AMENDMENT.—The sentence 

7 following section 320(b)(8) of the Federal Water 

8 Pollution Control Act (as so redesignated) (33 

9 U.S.C. 1330(b)(8)) is amended by striking ‘‘para10 graph (7)’’ and inserting ‘‘paragraph (8)’’. 

11 (b) MEMBERS OF CONFERENCE; COLLABORATIVE

12 PROCESSES.— 

13 (1) MEMBERS OF CONFERENCE.—Section 

14 320(c)(5) of the Federal Water Pollution Control 

15 Act (33 U.S.C. 1330(c)(5)) is amended by inserting 

16 ‘‘not-for-profit organizations,’’ after ‘‘institutions,’’. 

17 (2) COLLABORATIVE PROCESSES.—Section 

18 320(d) of the Federal Water Pollution Control Act 

19 (33 U.S.C. 1330(d)) is amended— 

20 (A) by striking ‘‘(d)’’ and all that follows 

21 through ‘‘In developing’’ and inserting the fol22 lowing: 

23 ‘‘(d) USE OF EXISTING DATA AND COLLABORATIVE

24 PROCESSES.— 


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1 ‘‘(1) USE OF EXISTING DATA.—In developing’’; 

2 and 

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

4 ‘‘(2) USE OF COLLABORATIVE PROCESSES.—In 

5 updating a plan under subsection (f)(4) or devel6 oping a new plan under subsection (b), a manage7 ment conference shall make use of collaborative 

8 processes— 

9 ‘‘(A) to ensure equitable inclusion of af10 fected interests; 

11 ‘‘(B) to engage with members of the man12 agement conference, including through— 

13 ‘‘(i) the use of consensus-based deci14 sion rules; and 

15 ‘‘(ii) assistance from impartial 

16 facilitators, as appropriate; 

17 ‘‘(C) to ensure relevant information, in18 cluding scientific, technical, and cultural infor19 mation, is accessible to members; 

20 ‘‘(D) to promote accountability and trans21 parency by ensuring members are informed in 

22 a timely manner of— 

23 ‘‘(i) the purposes and objectives of the 

24 management conference; and 


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1 ‘‘(ii) the results of an evaluation con2 ducted under subsection (f)(6); 

3 ‘‘(E) to identify the roles and responsibil4 ities of members— 

5 ‘‘(i) in the management conference 

6 proceedings; and 

7 ‘‘(ii) in the implementation of the 

8 plan; and 

9 ‘‘(F) to seek resolution of conflicts or dis10 putes as necessary.’’. 

11 (c) ADMINISTRATION OF PLANS.—Section 320 of the 

12 Federal Water Pollution Control Act (33 U.S.C. 1330) is 

13 amended by striking subsection (f) and inserting the fol14 lowing: 

15 ‘‘(f) ADMINISTRATION OF PLANS.— 

16 ‘‘(1) APPROVAL.—Not later than 120 days 

17 after the date on which a management conference 

18 submits to the Administrator a comprehensive con19 servation and management plan under this section, 

20 and after providing for public review and comment, 

21 the Administrator shall approve the plan, if— 

22 ‘‘(A) the Administrator determines that 

23 the plan meets the requirements of this section; 

24 and 

25 ‘‘(B) each affected Governor concurs. 


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1 ‘‘(2) COMPLETENESS.— 

2 ‘‘(A) IN GENERAL.—If the Administrator 

3 determines that a plan is incomplete under 

4 paragraph (1) or (7), the Administrator shall— 

5 ‘‘(i) provide the management con6 ference with written notification of the 

7 basis of that finding; and 

8 ‘‘(ii) allow the management conference 

9 to resubmit a revised plan that addresses, 

10 to the maximum extent practicable, the 

11 comments contained in the written notifi12 cation of the Administrator described in 

13 clause (i). 

14 ‘‘(B) RESUBMISSION.—If the Adminis15 trator determines that a revised plan submitted 

16 under subparagraph (A)(ii) remains incomplete 

17 under paragraph (1) or (7), the Administrator 

18 shall allow the management conference to re19 submit a revised plan in accordance with sub20 paragraph (A). 

21 ‘‘(C) SCOPE OF REVIEW.—In determining 

22 whether to approve a comprehensive conserva23 tion and management plan under paragraph (1) 

24 or (7), the Administrator— 


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1 ‘‘(i) shall limit the scope of review to 

2 a determination of whether the plan meets 

3 the minimum requirements of this section; 

4 and 

5 ‘‘(ii) may not impose, as a condition 

6 of approval, any additional requirements. 

7 ‘‘(3) FAILURE OF THE ADMINISTRATOR TO RE8 SPOND.—If, by the date that is 120 days after the 

9 date on which a plan is submitted or resubmitted 

10 under paragraph (1), (2), or (7) the Administrator 

11 fails to respond to the submission or resubmission in 

12 writing, the plan shall be considered approved. 

13 ‘‘(4) FAILURE TO SUBMIT A PLAN.—If, by the 

14 date that is 3 years after the date on which a man15 agement conference is convened, that management 

16 conference fails to submit a comprehensive conserva17 tion and management plan or to secure approval for 

18 the comprehensive conservation and management 

19 plan under this subsection, the Administrator shall 

20 terminate the management conference convened 

21 under this section. 

22 ‘‘(5) IMPLEMENTATION.— 

23 ‘‘(A) IN GENERAL.—On the approval of a 

24 comprehensive conservation and management 


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1 plan under this section, the plan shall be imple2 mented. 

3 ‘‘(B) USE OF AUTHORIZED AMOUNTS.— 

4 Amounts authorized to be appropriated under 

5 titles II and VI and section 319 may be used 

6 in accordance with the applicable requirements 

7 of this Act to assist States with the implemen8 tation of a plan approved under paragraph (1). 

9 ‘‘(6) EVALUATION.— 

10 ‘‘(A) IN GENERAL.—Not later than 5 years 

11 after the date of enactment of this paragraph, 

12 and every 5 years thereafter, the Administrator 

13 shall carry out an evaluation of the implementa14 tion of each comprehensive conservation and 

15 management plan developed under this section 

16 to determine the degree to which the goals of 

17 the plan have been met. 

18 ‘‘(B) REVIEW AND COMMENT BY MANAGE19 MENT CONFERENCE.—In completing an evalua20 tion under subparagraph (A), the Administrator 

21 shall submit the results of the evaluation to the 

22 appropriate management conference for review 

23 and comment. 

24 ‘‘(C) REPORT.— 


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1 ‘‘(i) IN GENERAL.—In completing an 

2 evaluation under subparagraph (A), and 

3 after providing an opportunity for a man4 agement conference to submit comments 

5 under subparagraph (B), the Adminis6 trator shall issue a report on the results of 

7 the evaluation, including the findings and 

8 recommendations of the Administrator and 

9 any comments received from the manage10 ment conference. 

11 ‘‘(ii) AVAILABILITY TO PUBLIC.—The 

12 Administrator shall make a report issued 

13 under this subparagraph available to the 

14 public, including through publication in the 

15 Federal Register and on the Internet. 

16 ‘‘(D) SPECIAL RULE FOR NEW PLANS.— 

17 Notwithstanding subparagraph (A), if a man18 agement conference submits a new comprehen19 sive conservation and management plan to the 

20 Administrator after the date of enactment of 

21 this paragraph, the Administrator shall com22 plete the evaluation of the implementation of 

23 the plan required by subparagraph (A) not later 

24 than 5 years after the date of such submission 

25 and every 5 years thereafter. 


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1 ‘‘(7) UPDATES.— 

2 ‘‘(A) REQUIREMENT.—Not later than 18 

3 months after the date on which the Adminis4 trator makes an evaluation of the implementa5 tion of a comprehensive conservation and man6 agement plan available to the public under 

7 paragraph (6)(C), a management conference 

8 convened under this section shall submit to the 

9 Administrator an update of the plan that re10 flects, to the maximum extent practicable, the 

11 results of the program evaluation. 

12 ‘‘(B) APPROVAL OF UPDATES.—Not later 

13 than 120 days after the date on which a man14 agement conference submits to the Adminis15 trator an updated comprehensive conservation 

16 and management plan under subparagraph (A), 

17 and after providing for public review and com18 ment, the Administrator shall approve the up19 dated plan, if the Administrator determines 

20 that the updated plan meets the requirements 

21 of this section. 

22 ‘‘(8) PROBATIONARY STATUS.—The Adminis23 trator may consider a management conference con24 vened under this section to be in probationary sta25 tus, if the management conference has not received 


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1 approval for an updated comprehensive conservation 

2 and management plan under paragraph (7)(B) on or 

3 before the last day of the 5-year period beginning on 

4 the date on which the Administrator makes an eval5 uation of the plan available to the public under para6 graph (6)(C).’’. 

7 (d) FEDERAL AGENCIES.—Section 320 of the Fed8 eral Water Pollution Control Act (33 U.S.C. 1330) is 

9 amended— 

10 (1) by redesignating subsections (g), (h), (i), 

11 (j), and (k) as subsections (h), (i), (j), (k), and (m), 

12 respectively; and 

13 (2) by inserting after subsection (f) the fol14 lowing: 

15 ‘‘(g) FEDERAL AGENCIES.— 

16 ‘‘(1) ACTIVITIES CONDUCTED WITHIN ESTU17 ARIES WITH APPROVED PLANS.—After approval of a 

18 comprehensive conservation and management plan 

19 by the Administrator, any Federal action or activity 

20 affecting the estuary shall be conducted, to the max21 imum extent practicable, in a manner consistent 

22 with the plan. 

23 ‘‘(2) COORDINATION AND COOPERATION.— 

24 ‘‘(A) IN GENERAL.—The Secretary of the 

25 Army (acting through the Chief of Engineers), 


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1 the Administrator of the National Oceanic and 

2 Atmospheric Administration, the Director of the 

3 United States Fish and Wildlife Service, the 

4 Secretary of the Department of Agriculture, the 

5 Director of the United States Geological Sur6 vey, the Secretary of the Department of Trans7 portation, the Secretary of the Department of 

8 Housing and Urban Development, and the 

9 heads of other appropriate Federal agencies, as 

10 determined by the Administrator, shall, to the 

11 maximum extent practicable, cooperate and co12 ordinate activities, including monitoring activi13 ties, related to the implementation of a com14 prehensive conservation and management plan 

15 approved by the Administrator. 

16 ‘‘(B) LEAD COORDINATING AGENCY.—The 

17 Environmental Protection Agency shall serve as 

18 the lead coordinating agency under this para19 graph. 

20 ‘‘(3) CONSIDERATION OF PLANS IN AGENCY

21 BUDGET REQUESTS.—In making an annual budget 

22 request for a Federal agency referred to in para23 graph (2), the head of such agency shall consider 

24 the responsibilities of the agency under this section, 


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1 including under comprehensive conservation and 

2 management plans approved by the Administrator. 

3 ‘‘(4) MONITORING.—The heads of the Federal 

4 agencies referred to in paragraph (2) shall collabo5 rate on the development of tools and methodologies 

6 for monitoring the ecological health and water qual7 ity conditions of estuaries covered by a management 

8 conference convened under this section.’’. 

9 (e) GRANTS.— 

10 (1) IN GENERAL.—Subsection (h) (as redesig11 nated by subsection (d)) of section 320 of the Fed12 eral Water Pollution Control Act (33 U.S.C. 1330) 

13 is amended— 

14 (A) in paragraph (1), by striking ‘‘other 

15 public’’ and all that follows before the period at 

16 the end and inserting ‘‘and other public or non17 profit private agencies, institutions, and organi18 zations’’; and 

19 (B) by adding at the end the following: 

20 ‘‘(4) EFFECTS OF PROBATIONARY STATUS.— 

21 ‘‘(A) REDUCTIONS IN GRANT AMOUNTS.— 

22 The Administrator shall reduce, by an amount 

23 to be determined by the Administrator, grants 

24 for the implementation of a comprehensive con25 servation and management plan developed by a 


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1 management conference convened under this 

2 section, if the Administrator determines that 

3 the management conference is in probationary 

4 status under subsection (f)(8). 

5 ‘‘(B) TERMINATION OF MANAGEMENT CON6 FERENCES.—The Administrator shall terminate 

7 a management conference convened under this 

8 section, and cease funding for the implementa9 tion of the comprehensive conservation and 

10 management plan developed by the manage11 ment conference, if the Administrator deter12 mines that the management conference has 

13 been in probationary status for 2 consecutive 

14 years.’’. 

15 (2) CONFORMING AMENDMENT.—Section 320(i) 

16 the Federal Water Pollution Control Act (as redesig17 nated by subsection (d)) is amended by striking 

18 ‘‘subsection (g)’’ and inserting ‘‘subsection (h)’’. 

19 (f) AUTHORIZATION OF APPROPRIATIONS.—Section 

20 320 of the Federal Water Pollution Control Act (33 

21 U.S.C. 1330) (as redesignated by subsection (d)) is 

22 amended by striking subsection (j) and inserting the fol23 lowing: 

24 ‘‘(j) AUTHORIZATION OF APPROPRIATIONS.— 


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1 ‘‘(1) IN GENERAL.—There is authorized to be 

2 appropriated to the Administrator $35,000,000 for 

3 each of fiscal years 2012 through 2017 for— 

4 ‘‘(A) expenses relating to the administra5 tion of management conferences by the Admin6 istrator under this section, except that such ex7 penses shall not exceed 5 percent of the amount 

8 appropriated under this subsection; 

9 ‘‘(B) making grants under subsection (h); 

10 and 

11 ‘‘(C) monitoring the implementation of a 

12 conservation and management plan by the man13 agement conference, or by the Administrator in 

14 any case in which the conference has been ter15 minated. 

16 ‘‘(2) ALLOCATIONS.—Of the sums authorized to 

17 be appropriated under this subsection, the Adminis18 trator shall provide at least 80 percent per fiscal 

19 year for the development, implementation, and moni20 toring of each conservation and management plan el21 igible for grant assistance under subsection (h).’’. 

22 (g) RESEARCH.—Section 320(k)(1)(A) of the Federal 

23 Water Pollution Control Act (as redesignated by sub24 section (d)) is amended— 


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1 (1) by striking ‘‘paramenters’’ and inserting 

2 ‘‘parameters’’; and 

3 (2) by inserting ‘‘(including monitoring of both 

4 pathways and ecosystems to track the introduction 

5 and establishment of nonnative species)’’ before ‘‘, to 

6 provide the Administrator’’. 

7 (h) NATIONAL ESTUARY PROGRAM EVALUATION.— 

8 Section 320 of the Federal Water Pollution Control Act 

9 (33 U.S.C. 1330) is amended by inserting after subsection 

10 (k) (as redesignated by subsection (d)) the following: 

11 ‘‘(l) NATIONAL ESTUARY PROGRAM EVALUATION.— 

12 ‘‘(1) IN GENERAL.—Not later than 5 years 

13 after the date of enactment of this paragraph, and 

14 every 5 years thereafter, the Administrator shall 

15 complete an evaluation of the national estuary pro16 gram established under this section. 

17 ‘‘(2) SPECIFIC ASSESSMENTS.—In conducting 

18 an evaluation under this subsection, the Adminis19 trator shall— 

20 ‘‘(A) assess the effectiveness of the na21 tional estuary program in improving water 

22 quality, natural resources, and sustainable uses 

23 of the estuaries covered by management con24 ferences convened under this section; 


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1 ‘‘(B) identify best practices for improving 

2 water quality, natural resources, and sustain3 able uses of the estuaries covered by manage4 ment conferences convened under this section, 

5 including those practices funded through the 

6 use of technical assistance from the Environ7 mental Protection Agency and other Federal 

8 agencies; 

9 ‘‘(C) assess the reasons why the best prac10 tices described in subparagraph (B) resulted in 

11 the achievement of program goals; 

12 ‘‘(D) identify any redundant requirements 

13 for reporting by recipients of a grant under this 

14 section; and 

15 ‘‘(E) develop and recommend a plan for 

16 eliminating any redundancies. 

17 ‘‘(3) REPORT.—In completing an evaluation 

18 under this subsection, the Administrator shall issue 

19 a report on the results of the evaluation, including 

20 the findings and recommendations of the Adminis21 trator. 

22 ‘‘(4) AVAILABILITY.—The Administrator shall 

23 make a report issued under this subsection available 

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1 tion and the public, including through publication in 

2 the Federal Register and on the Internet.’’. 

3 (i) CONVENING OF CONFERENCE.—Section 

4 320(a)(2) of the Federal Water Pollution Control Act (33 

5 U.S.C. 1330(a)(2)) is amended— 

6 (1) by striking ‘‘(2) CONVENING OF CON7 FERENCE.—’’ and all that follows through ‘‘In any 

8 case’’ and inserting the following: 

9 ‘‘(2) CONVENING OF CONFERENCE.—In any 

10 case’’; and 

11 (2) by striking subparagraph (B). 

12 (j) GREAT LAKES ESTUARIES.—Section 320(m) of 

13 the Federal Water Pollution Control Act (as redesignated 

14 by subsection (d)) is amended by striking the subsection 

15 designation and all that follows through ‘‘and those por16 tions of tributaries’’ and inserting the following: 

17 ‘‘(m) DEFINITIONS.—In this section, the terms ‘estu18 ary’ and ‘estuarine zone’ have the meanings given the 

19 terms in section 104(n)(4), except that— 

20 ‘‘(1) the term ‘estuary’ also includes near coast21 al waters and other bodies of water within the Great 

22 Lakes that are similar in form and function to the 

23 waters described in the definition of ‘estuary’ in sec24 tion 104(n)(4); and 

25 ‘‘(2) the term ‘estuarine zone’ also includes— 


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1 ‘‘(A) waters within the Great Lakes de2 scribed in paragraph (1) and transitional areas 

3 from such waters that are similar in form and 

4 function to the transitional areas described in 

5 the definition of ‘estuarine zone’ in section 

6 104(n)(4); 

7 ‘‘(B) associated aquatic ecosystems; and 

8 ‘‘(C) those portions of tributaries’’. 

9 SECTION 1. SHORT TITLE. 

10 This Act may be cited as the ‘‘Clean Estuaries Act of 

11 2011’’. 

12 SEC. 2. NATIONAL ESTUARY PROGRAM AMENDMENTS. 

13 (a) PURPOSES OF CONFERENCE.— 

14 (1) DEVELOPMENT OF COMPREHENSIVE CON15 SERVATION AND MANAGEMENT PLANS.—Section 

16 320(b) of the Federal Water Pollution Control Act (33 

17 U.S.C. 1330(b)) is amended by striking paragraph 

18 (4) and inserting the following: 

19 ‘‘(4) develop and submit to the Administrator a 

20 comprehensive conservation and management plan 

21 that— 

22 ‘‘(A) identifies the estuary and the associ23 ated upstream waters of the estuary to be ad24 dressed by the plan, with consideration given to 

25 hydrological boundaries; 


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1 ‘‘(B) recommends priority protection, con2 servation, and corrective actions and compliance 

3 schedules that address point and nonpoint 

4 sources of pollution— 

5 ‘‘(i) to restore and maintain the chem6 ical, physical, and biological integrity of the 

7 estuary, including— 

8 ‘‘(I) restoration and maintenance 

9 of water quality, including wetlands 

10 and natural hydrological flows; 

11 ‘‘(II) a resilient and diverse in12 digenous population of shellfish, fish, 

13 and wildlife; and 

14 ‘‘(III) recreational activities in 

15 the estuary; and 

16 ‘‘(ii) to ensure that the designated uses 

17 of the estuary are protected; 

18 ‘‘(C)(i) identifies healthy and impaired wa19 tershed components, including significant ad20 verse impacts to the estuary outside the area ad21 dressed by the plan that could affect the water 

22 quality and ecological integrity of the estuary, 

23 and the sources of those adverse impacts, by car24 rying out integrated assessments that include as25 sessments of— 


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1 ‘‘(I) aquatic habitat and biological in2 tegrity; 

3 ‘‘(II) water quality; and 

4 ‘‘(III) natural hydrological flows; and 

5 ‘‘(ii) provides the applicable Federal or 

6 State authority with information on any identi7 fied adverse impacts and the sources of those ad8 verse impacts; 

9 ‘‘(D) considers current and future sustain10 able commercial activities in the estuary; 

11 ‘‘(E) addresses the impacts of the changing 

12 climate on the estuary, including— 

13 ‘‘(i) the identification and assessment 

14 of vulnerabilities in the estuary; 

15 ‘‘(ii) the development and implementa16 tion of adaptation strategies; and 

17 ‘‘(iii) the potential impacts of changes 

18 in sea level on estuarine water quality, estu19 arine habitat, and infrastructure located in 

20 the estuary; 

21 ‘‘(F) increases public education and aware22 ness with respect to— 

23 ‘‘(i) the ecological health of the estuary; 

24 ‘‘(ii) the water quality conditions of 

25 the estuary; and 


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1 ‘‘(iii) ocean, estuarine, land, and at2 mospheric connections and interactions; 

3 ‘‘(G) includes performance measures and 

4 goals to track implementation of the plan; and 

5 ‘‘(H) includes a coordinated monitoring 

6 strategy for Federal, State, and local govern7 ments and other entities.’’. 

8 (2) MONITORING AND MAKING RESULTS AVAIL9 ABLE.—Section 320(b) of the Federal Water Pollution 

10 Control Act (33 U.S.C. 1330(b)) is amended by strik11 ing paragraph (6) and inserting the following: 

12 ‘‘(6) monitor (and make results available to the 

13 public regarding)— 

14 ‘‘(A) water quality conditions in the estu15 ary and the associated upstream waters of the es16 tuary identified under paragraph (4)(A); 

17 ‘‘(B) watershed and habitat conditions that 

18 relate to the ecological health and water quality 

19 conditions of the estuary; and 

20 ‘‘(C) the effectiveness of actions taken pursu21 ant to the comprehensive conservation and man22 agement plan developed for the estuary under 

23 this subsection;’’. 


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1 (3) INFORMATION AND EDUCATIONAL ACTIVI2 TIES.—Section 320(b) of the Federal Water Pollution 

3 Control Act (33 U.S.C. 1330(b)) is amended— 

4 (A) by redesignating paragraph (7) as 

5 paragraph (8); and 

6 (B) by inserting after paragraph (6) the fol7 lowing: 

8 ‘‘(7) provide information and educational activi9 ties on the ecological health and water quality condi10 tions of the estuary; and’’. 

11 (4) CONFORMING AMENDMENT.—The sentence fol12 lowing section 320(b)(8) of the Federal Water Pollu13 tion Control Act (as so redesignated) (33 U.S.C. 

14 1330(b)(8)) is amended by striking ‘‘paragraph (7)’’ 

15 and inserting ‘‘paragraph (8)’’. 

16 (b) MEMBERS OF CONFERENCE; COLLABORATIVE

17 PROCESSES.— 

18 (1) MEMBERS OF CONFERENCE.—Section 

19 320(c)(5) of the Federal Water Pollution Control Act 

20 (33 U.S.C. 1330(c)(5)) is amended by inserting ‘‘not21 for-profit organizations,’’ after ‘‘institutions,’’. 

22 (2) COLLABORATIVE PROCESSES.—Section 

23 320(d) of the Federal Water Pollution Control Act (33 

24 U.S.C. 1330(d)) is amended— 


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1 (A) by striking ‘‘(d)’’ and all that follows 

2 through ‘‘In developing’’ and inserting the fol3 lowing: 

4 ‘‘(d) USE OF EXISTING DATA AND COLLABORATIVE

5 PROCESSES.— 

6 ‘‘(1) USE OF EXISTING DATA.—In developing’’; 

7 and 

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

9 ‘‘(2) USE OF COLLABORATIVE PROCESSES.—In 

10 updating a plan under subsection (f)(4) or developing 

11 a new plan under subsection (b), a management con12 ference shall make use of collaborative processes— 

13 ‘‘(A) to ensure equitable inclusion of affected 

14 interests; 

15 ‘‘(B) to engage with members of the man16 agement conference, including through— 

17 ‘‘(i) the use of consensus-based decision 

18 rules; and 

19 ‘‘(ii) assistance from impartial 

20 facilitators, as appropriate; 

21 ‘‘(C) to ensure relevant information, includ22 ing scientific, technical, and cultural informa23 tion, is accessible to members; 


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1 ‘‘(D) to promote accountability and trans2 parency by ensuring members are informed in a 

3 timely manner of— 

4 ‘‘(i) the purposes and objectives of the 

5 management conference; and 

6 ‘‘(ii) the results of an evaluation con7 ducted under subsection (f)(6); 

8 ‘‘(E) to identify the roles and responsibil9 ities of members— 

10 ‘‘(i) in the management conference pro11 ceedings; and 

12 ‘‘(ii) in the implementation of the 

13 plan; and 

14 ‘‘(F) to seek resolution of conflicts or dis15 putes as necessary.’’. 

16 (c) ADMINISTRATION OF PLANS.—Section 320 of the 

17 Federal Water Pollution Control Act (33 U.S.C. 1330) is 

18 amended by striking subsection (f) and inserting the fol19 lowing: 

20 ‘‘(f) ADMINISTRATION OF PLANS.— 

21 ‘‘(1) APPROVAL.—Not later than 120 days after 

22 the date on which a management conference submits 

23 to the Administrator a comprehensive conservation 

24 and management plan under this section, and after 


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1 providing for public review and comment, the Admin2 istrator shall approve the plan, if— 

3 ‘‘(A) the Administrator determines that the 

4 plan meets the requirements of this section; and 

5 ‘‘(B) each affected Governor concurs. 

6 ‘‘(2) COMPLETENESS.— 

7 ‘‘(A) IN GENERAL.—If the Administrator 

8 determines that a plan is incomplete under 

9 paragraph (1) or (7), the Administrator shall— 

10 ‘‘(i) provide the management con11 ference with written notification of the basis 

12 of that finding; and 

13 ‘‘(ii) allow the management conference 

14 to resubmit a revised plan that addresses, to 

15 the maximum extent practicable, the com16 ments contained in the written notification 

17 of the Administrator described in clause (i). 

18 ‘‘(B) RESUBMISSION.—If the Administrator 

19 determines that a revised plan submitted under 

20 subparagraph (A)(ii) remains incomplete under 

21 paragraph (1) or (7), the Administrator shall 

22 allow the management conference to resubmit a 

23 revised plan in accordance with subparagraph 

24 (A). 


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1 ‘‘(C) SCOPE OF REVIEW.—In determining 

2 whether to approve a comprehensive conservation 

3 and management plan under paragraph (1) or 

4 (7), the Administrator— 

5 ‘‘(i) shall limit the scope of review to 

6 a determination of whether the plan meets 

7 the minimum requirements of this section; 

8 and 

9 ‘‘(ii) may not impose, as a condition of 

10 approval, any additional requirements. 

11 ‘‘(3) FAILURE OF THE ADMINISTRATOR TO RE12 SPOND.—If, by the date that is 120 days after the 

13 date on which a plan is submitted or resubmitted 

14 under paragraph (1), (2), or (7) the Administrator 

15 fails to respond to the submission or resubmission in 

16 writing, the plan shall be considered approved. 

17 ‘‘(4) FAILURE TO SUBMIT A PLAN.—If, by the 

18 date that is 3 years after the date on which a man19 agement conference is convened, that management 

20 conference fails to submit a comprehensive conserva21 tion and management plan or to secure approval for 

22 the comprehensive conservation and management 

23 plan under this subsection, the Administrator shall 

24 terminate the management conference convened under 

25 this section. 


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1 ‘‘(5) IMPLEMENTATION.— 

2 ‘‘(A) IN GENERAL.—On the approval of a 

3 comprehensive conservation and management 

4 plan under this section, the plan shall be imple5 mented. 

6 ‘‘(B) USE OF AUTHORIZED AMOUNTS.— 

7 Amounts authorized to be appropriated under ti8 tles II and VI and section 319 may be used in 

9 accordance with the applicable requirements of 

10 this Act to assist States with the implementation 

11 of a plan approved under paragraph (1). 

12 ‘‘(6) EVALUATION.— 

13 ‘‘(A) IN GENERAL.—Not later than 5 years 

14 after the date of enactment of this paragraph, 

15 and every 5 years thereafter, the Administrator 

16 shall carry out an evaluation of the implementa17 tion of each comprehensive conservation and 

18 management plan developed under this section to 

19 determine the degree to which the goals of the 

20 plan have been met. 

21 ‘‘(B) REVIEW AND COMMENT BY MANAGE22 MENT CONFERENCE.—In completing an evalua23 tion under subparagraph (A), the Administrator 

24 shall submit the results of the evaluation to the 


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1 appropriate management conference for review 

2 and comment. 

3 ‘‘(C) REPORT.— 

4 ‘‘(i) IN GENERAL.—In completing an 

5 evaluation under subparagraph (A), and 

6 after providing an opportunity for a man7 agement conference to submit comments 

8 under subparagraph (B), the Administrator 

9 shall issue a report on the results of the 

10 evaluation, including the findings and rec11 ommendations of the Administrator and 

12 any comments received from the manage13 ment conference. 

14 ‘‘(ii) AVAILABILITY TO PUBLIC.—The 

15 Administrator shall make a report issued 

16 under this subparagraph available to the 

17 public, including through publication in the 

18 Federal Register and on the Internet. 

19 ‘‘(D) SPECIAL RULE FOR NEW PLANS.—Not20 withstanding subparagraph (A), if a manage21 ment conference submits a new comprehensive 

22 conservation and management plan to the Ad23 ministrator after the date of enactment of this 

24 paragraph, the Administrator shall complete the 

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1 quired by subparagraph (A) not later than 5 

2 years after the date of such submission and every 

3 5 years thereafter. 

4 ‘‘(7) UPDATES.— 

5 ‘‘(A) REQUIREMENT.—Not later than 18 

6 months after the date on which the Adminis7 trator makes an evaluation of the implementa8 tion of a comprehensive conservation and man9 agement plan available to the public under para10 graph (6)(C), a management conference convened 

11 under this section shall submit to the Adminis12 trator an update of the plan that reflects, to the 

13 maximum extent practicable, the results of the 

14 program evaluation. 

15 ‘‘(B) APPROVAL OF UPDATES.—Not later 

16 than 120 days after the date on which a manage17 ment conference submits to the Administrator an 

18 updated comprehensive conservation and man19 agement plan under subparagraph (A), and after 

20 providing for public review and comment, the 

21 Administrator shall approve the updated plan, if 

22 the Administrator determines that the updated 

23 plan meets the requirements of this section. 

24 ‘‘(8) PROBATIONARY STATUS.—The Adminis25 trator may consider a management conference conVerDate Mar 15 2010 01:56 Jul 29, 2011 Jkt 099200 PO 00000 Frm 00033 Fmt 6652 Sfmt 6203 E:\BILLS\S1313.RS S1313

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1 vened under this section to be in probationary status, 

2 if the management conference has not received ap3 proval for an updated comprehensive conservation 

4 and management plan under paragraph (7)(B) on or 

5 before the last day of the 5-year period beginning on 

6 the date on which the Administrator makes an eval7 uation of the plan available to the public under para8 graph (6)(C).’’. 

9 (d) FEDERAL AGENCIES.—Section 320 of the Federal 

10 Water Pollution Control Act (33 U.S.C. 1330) is amend11 ed— 

12 (1) by redesignating subsections (g), (h), (i), (j), 

13 and (k) as subsections (h), (i), (j), (k), and (m), re14 spectively; and 

15 (2) by inserting after subsection (f) the following: 

16 ‘‘(g) FEDERAL AGENCIES.— 

17 ‘‘(1) ACTIVITIES CONDUCTED WITHIN ESTUARIES

18 WITH APPROVED PLANS.—After approval of a com19 prehensive conservation and management plan by the 

20 Administrator, any Federal action or activity affect21 ing the estuary shall be conducted, to the maximum 

22 extent practicable, in a manner consistent with the 

23 plan. 

24 ‘‘(2) COORDINATION AND COOPERATION.— 


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1 ‘‘(A) IN GENERAL.—The Secretary of the 

2 Army (acting through the Chief of Engineers), 

3 the Administrator of the National Oceanic and 

4 Atmospheric Administration, the Director of the 

5 United States Fish and Wildlife Service, the Sec6 retary of the Department of Agriculture, the Di7 rector of the United States Geological Survey, the 

8 Secretary of the Department of Transportation, 

9 the Secretary of the Department of Housing and 

10 Urban Development, and the heads of other ap11 propriate Federal agencies, as determined by the 

12 Administrator, shall, to the maximum extent 

13 practicable, cooperate and coordinate activities, 

14 including monitoring activities, related to the 

15 implementation of a comprehensive conservation 

16 and management plan approved by the Adminis17 trator. 

18 ‘‘(B) LEAD COORDINATING AGENCY.—The 

19 Environmental Protection Agency shall serve as 

20 the lead coordinating agency under this para21 graph. 

22 ‘‘(3) CONSIDERATION OF PLANS IN AGENCY

23 BUDGET REQUESTS.—In making an annual budget 

24 request for a Federal agency referred to in paragraph 

25 (2), the head of such agency shall consider the responVerDate Mar 15 2010 01:56 Jul 29, 2011 Jkt 099200 PO 00000 Frm 00035 Fmt 6652 Sfmt 6203 E:\BILLS\S1313.RS S1313

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1 sibilities of the agency under this section, including 

2 under comprehensive conservation and management 

3 plans approved by the Administrator. 

4 ‘‘(4) MONITORING.—The heads of the Federal 

5 agencies referred to in paragraph (2) shall collaborate 

6 on the development of tools and methodologies for 

7 monitoring the ecological health and water quality 

8 conditions of estuaries covered by a management con9 ference convened under this section.’’. 

10 (e) GRANTS.— 

11 (1) IN GENERAL.—Subsection (h) (as redesig12 nated by subsection (d)) of section 320 of the Federal 

13 Water Pollution Control Act (33 U.S.C. 1330) is 

14 amended— 

15 (A) in paragraph (1), by striking ‘‘other 

16 public’’ and all that follows before the period at 

17 the end and inserting ‘‘and other public or non18 profit private agencies, institutions, and organi19 zations’’; and 

20 (B) by adding at the end the following: 

21 ‘‘(4) EFFECTS OF PROBATIONARY STATUS.— 

22 ‘‘(A) REDUCTIONS IN GRANT AMOUNTS.— 

23 The Administrator shall reduce, by an amount to 

24 be determined by the Administrator, grants for 

25 the implementation of a comprehensive conservaVerDate Mar 15 2010 01:56 Jul 29, 2011 Jkt 099200 PO 00000 Frm 00036 Fmt 6652 Sfmt 6203 E:\BILLS\S1313.RS S1313

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1 tion and management plan developed by a man2 agement conference convened under this section, 

3 if the Administrator determines that the man4 agement conference is in probationary status 

5 under subsection (f)(8). 

6 ‘‘(B) TERMINATION OF MANAGEMENT CON7 FERENCES.—The Administrator shall terminate 

8 a management conference convened under this 

9 section, and cease funding for the implementa10 tion of the comprehensive conservation and man11 agement plan developed by the management con12 ference, if the Administrator determines that the 

13 management conference has been in probationary 

14 status for 2 consecutive years.’’. 

15 (2) CONFORMING AMENDMENT.—Section 320(i) 

16 the Federal Water Pollution Control Act (as redesig17 nated by subsection (d)) is amended by striking ‘‘sub18 section (g)’’ and inserting ‘‘subsection (h)’’. 

19 (f) AUTHORIZATION OF APPROPRIATIONS.—Section 

20 320 of the Federal Water Pollution Control Act (33 U.S.C. 

21 1330) (as redesignated by subsection (d)) is amended by 

22 striking subsection (j) and inserting the following: 

23 ‘‘(j) AUTHORIZATION OF APPROPRIATIONS.— 


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1 ‘‘(1) IN GENERAL.—There is authorized to be ap2 propriated to the Administrator $35,000,000 for each 

3 of fiscal years 2012 through 2017 for— 

4 ‘‘(A) expenses relating to the administration 

5 of grants by the Administrator under this sec6 tion, including the award and oversight of 

7 grants, except that such expenses shall not exceed 

8 5 percent of the amount appropriated under this 

9 subsection; 

10 ‘‘(B) making grants under subsection (h); 

11 and 

12 ‘‘(C) monitoring the implementation of a 

13 conservation and management plan by the man14 agement conference, or by the Administrator in 

15 any case in which the conference has been termi16 nated. 

17 ‘‘(2) ALLOCATIONS.—The Administrator shall 

18 provide at least 80 percent of the amounts appro19 priated under this subsection per fiscal year for the 

20 development, implementation, and monitoring of each 

21 conservation and management plan eligible for grant 

22 assistance under subsection (h). 

23 ‘‘(3) REQUIREMENT.—The Administrator shall 

24 include in the annual budget request of the Environ25 mental Protection Agency a clear description of the 


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1 amounts requested by the Administrator to make 

2 grants under paragraph (1)(B).’’. 

3 (g) RESEARCH.—Section 320(k)(1)(A) of the Federal 

4 Water Pollution Control Act (as redesignated by subsection 

5 (d)) is amended— 

6 (1) by striking ‘‘paramenters’’ and inserting 

7 ‘‘parameters’’; and 

8 (2) by inserting ‘‘(including monitoring of both 

9 pathways and ecosystems to track the introduction 

10 and establishment of nonnative species)’’ before ‘‘, to 

11 provide the Administrator’’. 

12 (h) NATIONAL ESTUARY PROGRAM EVALUATION.—Sec13 tion 320 of the Federal Water Pollution Control Act (33 

14 U.S.C. 1330) is amended by inserting after subsection (k) 

15 (as redesignated by subsection (d)) the following: 

16 ‘‘(l) NATIONAL ESTUARY PROGRAM EVALUATION.— 

17 ‘‘(1) IN GENERAL.—Not later than 5 years after 

18 the date of enactment of this paragraph, and every 5 

19 years thereafter, the Administrator shall complete an 

20 evaluation of the national estuary program estab21 lished under this section. 

22 ‘‘(2) SPECIFIC ASSESSMENTS.—In conducting an 

23 evaluation under this subsection, the Administrator 

24 shall— 


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1 ‘‘(A) assess the effectiveness of the national 

2 estuary program in improving water quality, 

3 natural resources, and sustainable uses of the es4 tuaries covered by management conferences con5 vened under this section; 

6 ‘‘(B) identify best practices for improving 

7 water quality, natural resources, and sustainable 

8 uses of the estuaries covered by management con9 ferences convened under this section, including 

10 those practices funded through the use of tech11 nical assistance from the Environmental Protec12 tion Agency and other Federal agencies; 

13 ‘‘(C) assess the reasons why the best prac14 tices described in subparagraph (B) resulted in 

15 the achievement of program goals; 

16 ‘‘(D) identify any redundant requirements 

17 for reporting by recipients of a grant under this 

18 section; and 

19 ‘‘(E) develop and recommend a plan for 

20 eliminating any redundancies. 

21 ‘‘(3) REPORT.—In completing an evaluation 

22 under this subsection, the Administrator shall issue a 

23 report on the results of the evaluation, including the 

24 findings and recommendations of the Administrator. 


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1 ‘‘(4) AVAILABILITY.—The Administrator shall 

2 make a report issued under this subsection available 

3 to management conferences convened under this sec4 tion and the public, including through publication in 

5 the Federal Register and on the Internet.’’. 

6 (i) CONVENING OF CONFERENCE.—Section 320(a)(2) 

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

8 1330(a)(2)) is amended— 

9 (1) by striking ‘‘(2) CONVENING OF CON10 FERENCE.—’’ and all that follows through ‘‘In any 

11 case’’ and inserting the following: 

12 ‘‘(2) CONVENING OF CONFERENCE.—In any 

13 case’’; and 

14 (2) by striking subparagraph (B). 

15 (j) GREAT LAKES ESTUARIES.—Section 320(m) of the 

16 Federal Water Pollution Control Act (as redesignated by 

17 subsection (d)) is amended by striking the subsection des18 ignation and all that follows through ‘‘and those portions 

19 of tributaries’’ and inserting the following: 

20 ‘‘(m) DEFINITIONS.—In this section, the terms ‘estu21 ary’ and ‘estuarine zone’ have the meanings given the terms 

22 in section 104(n)(4), except that— 

23 ‘‘(1) the term ‘estuary’ also includes near coastal 

24 waters and other bodies of water within the Great 

25 Lakes that are similar in form and function to the 


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1 waters described in the definition of ‘estuary’ in sec2 tion 104(n)(4); and 

3 ‘‘(2) the term ‘estuarine zone’ also includes— 

4 ‘‘(A) waters within the Great Lakes de5 scribed in paragraph (1) and transitional areas 

6 from such waters that are similar in form and 

7 function to the transitional areas described in 

8 the definition of ‘estuarine zone’ in section 

9 104(n)(4); 

10 ‘‘(B) associated aquatic ecosystems; and 

11 ‘‘(C) those portions of tributaries’’. 


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Calendar No. 118 

112TH CONGRESS 

1ST SESSION S. 1313 

[Report No. 112–41] 

A BILL 

To amend the Federal Water Pollution Control Act 

and for other purposes. to reauthorize the National Estuary Program, 

JULY 28, 2011 

Reported with an amendment 


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