II 

112TH CONGRESS 

1ST SESSION S. 1313 

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, and Mr. 

CARDIN) introduced the following bill; which was read twice and referred 

to the Committee on Environment and Public Works 

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, 

3 SECTION 1. SHORT TITLE. 

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

5 of 2011’’. 

6 SEC. 2. NATIONAL ESTUARY PROGRAM AMENDMENTS. 

7 (a) PURPOSES OF CONFERENCE.— 

8 (1) DEVELOPMENT OF COMPREHENSIVE CON9 SERVATION AND MANAGEMENT PLANS.—Section 


jlentini on DSK4TPTVN1PROD with BILLS
2 

•S 1313 IS

1 320(b) of the Federal Water Pollution Control Act 

2 (33 U.S.C. 1330(b)) is amended by striking para3 graph (4) and inserting the following: 

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

5 comprehensive conservation and management plan 

6 that— 

7 ‘‘(A) identifies the estuary and the associ8 ated upstream waters of the estuary to be ad9 dressed by the plan, with consideration given to 

10 hydrological boundaries; 

11 ‘‘(B) recommends priority protection, con12 servation, and corrective actions and compliance 

13 schedules that address point and nonpoint 

14 sources of pollution— 

15 ‘‘(i) to restore and maintain the chem16 ical, physical, and biological integrity of 

17 the estuary, including— 

18 ‘‘(I) restoration and maintenance 

19 of water quality, including wetlands 

20 and natural hydrological flows; 

21 ‘‘(II) a resilient and diverse in22 digenous population of shellfish, fish, 

23 and wildlife; and 

24 ‘‘(III) recreational activities in 

25 the estuary; and 


jlentini on DSK4TPTVN1PROD with BILLS
3 

•S 1313 IS

1 ‘‘(ii) to ensure that the designated 

2 uses of the estuary are protected; 

3 ‘‘(C)(i) identifies healthy and impaired wa4 tershed components, including significant ad5 verse impacts to the estuary outside the area 

6 addressed by the plan that could affect the 

7 water quality and ecological integrity of the es8 tuary, and the sources of those adverse impacts, 

9 by carrying out integrated assessments that in10 clude assessments of— 

11 ‘‘(I) aquatic habitat and biological in12 tegrity; 

13 ‘‘(II) water quality; and 

14 ‘‘(III) natural hydrologicalal flows; 

15 and 

16 ‘‘(ii) provides the applicable Federal or 

17 State authority with information on any identi18 fied adverse impacts and the sources of those 

19 adverse impacts; 

20 ‘‘(D) considers current and future sustain21 able commercial activities in the estuary; 

22 ‘‘(E) addresses the impacts of the chang23 ing climate on the estuary, including— 

24 ‘‘(i) the identification and assessment 

25 of vulnerabilities in the estuary; 


jlentini on DSK4TPTVN1PROD with BILLS
4 

•S 1313 IS

1 ‘‘(ii) the development and implementa2 tion of adaptation strategies; and 

3 ‘‘(iii) the potential impacts of changes 

4 in sea level on estuarine water quality, es5 tuarine habitat, and infrastructure located 

6 in the estuary; 

7 ‘‘(F) increases public education and aware8 ness with respect to— 

9 ‘‘(i) the ecological health of the estu10 ary; 

11 ‘‘(ii) the water quality conditions of 

12 the estuary; and 

13 ‘‘(iii) ocean, estuarine, land, and at14 mospheric connections and interactions; 

15 ‘‘(G) includes performance measures and 

16 goals to track implementation of the plan; and 

17 ‘‘(H) includes a coordinated monitoring 

18 strategy for Federal, State, and local govern19 ments and other entities.’’. 

20 (2) MONITORING AND MAKING RESULTS AVAIL21 ABLE.—Section 320(b) of the Federal Water Pollu22 tion Control Act (33 U.S.C. 1330(b)) is amended by 

23 striking paragraph (6) and inserting the following: 

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

25 public regarding)— 


jlentini on DSK4TPTVN1PROD with BILLS
5 

•S 1313 IS

1 ‘‘(A) water quality conditions in the estu2 ary and the associated upstream waters of the 

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

4 ‘‘(B) watershed and habitat conditions that 

5 relate to the ecological health and water quality 

6 conditions of the estuary; and 

7 ‘‘(C) the effectiveness of actions taken pur8 suant to the comprehensive conservation and 

9 management plan developed for the estuary 

10 under this subsection;’’. 

11 (3) INFORMATION AND EDUCATIONAL ACTIVI12 TIES.—Section 320(b) of the Federal Water Pollu13 tion Control Act (33 U.S.C. 1330(b)) is amended— 

14 (A) by redesignating paragraph (7) as 

15 paragraph (8); and 

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

17 following: 

18 ‘‘(7) provide information and educational activi19 ties on the ecological health and water quality condi20 tions of the estuary; and’’. 

21 (4) CONFORMING AMENDMENT.—The sentence 

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

23 Pollution Control Act (as so redesignated) (33 

24 U.S.C. 1330(b)(8)) is amended by striking ‘‘para25 graph (7)’’ and inserting ‘‘paragraph (8)’’. 


jlentini on DSK4TPTVN1PROD with BILLS
6 

•S 1313 IS

1 (b) MEMBERS OF CONFERENCE; COLLABORATIVE

2 PROCESSES.— 

3 (1) MEMBERS OF CONFERENCE.—Section 

4 320(c)(5) of the Federal Water Pollution Control 

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

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

7 (2) COLLABORATIVE PROCESSES.—Section 

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

9 (33 U.S.C. 1330(d)) is amended— 

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

11 through ‘‘In developing’’ and inserting the fol12 lowing: 

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

14 PROCESSES.— 

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

16 and 

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

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

19 updating a plan under subsection (f)(4) or devel20 oping a new plan under subsection (b), a manage21 ment conference shall make use of collaborative 

22 processes— 

23 ‘‘(A) to ensure equitable inclusion of af24 fected interests; 


jlentini on DSK4TPTVN1PROD with BILLS
7 

•S 1313 IS

1 ‘‘(B) to engage with members of the man2 agement conference, including through— 

3 ‘‘(i) the use of consensus-based deci4 sion rules; and 

5 ‘‘(ii) assistance from impartial 

6 facilitators, as appropriate; 

7 ‘‘(C) to ensure relevant information, in8 cluding scientific, technical, and cultural infor9 mation, is accessible to members; 

10 ‘‘(D) to promote accountability and trans11 parency by ensuring members are informed in 

12 a timely manner of— 

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

14 management conference; and 

15 ‘‘(ii) the results of an evaluation con16 ducted under subsection (f)(6); 

17 ‘‘(E) to identify the roles and responsibil18 ities of members— 

19 ‘‘(i) in the management conference 

20 proceedings; and 

21 ‘‘(ii) in the implementation of the 

22 plan; and 

23 ‘‘(F) to seek resolution of conflicts or dis24 putes as necessary.’’. 


jlentini on DSK4TPTVN1PROD with BILLS
8 

•S 1313 IS

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

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

3 amended by striking subsection (f) and inserting the fol4 lowing: 

5 ‘‘(f) ADMINISTRATION OF PLANS.— 

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

7 after the date on which a management conference 

8 submits to the Administrator a comprehensive con9 servation and management plan under this section, 

10 and after providing for public review and comment, 

11 the Administrator shall approve the plan, if— 

12 ‘‘(A) the Administrator determines that 

13 the plan meets the requirements of this section; 

14 and 

15 ‘‘(B) each affected Governor concurs. 

16 ‘‘(2) COMPLETENESS.— 

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

18 determines that a plan is incomplete under 

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

20 ‘‘(i) provide the management con21 ference with written notification of the 

22 basis of that finding; and 

23 ‘‘(ii) allow the management conference 

24 to resubmit a revised plan that addresses, 

25 to the maximum extent practicable, the 


jlentini on DSK4TPTVN1PROD with BILLS
9 

•S 1313 IS

1 comments contained in the written notifi2 cation of the Administrator described in 

3 clause (i). 

4 ‘‘(B) RESUBMISSION.—If the Adminis5 trator determines that a revised plan submitted 

6 under subparagraph (A)(ii) remains incomplete 

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

8 shall allow the management conference to re9 submit a revised plan in accordance with sub10 paragraph (A). 

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

12 whether to approve a comprehensive conserva13 tion and management plan under paragraph (1) 

14 or (7), the Administrator— 

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

16 a determination of whether the plan meets 

17 the minimum requirements of this section; 

18 and 

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

20 of approval, any additional requirements. 

21 ‘‘(3) FAILURE OF THE ADMINISTRATOR TO RE22 SPOND.—If, by the date that is 120 days after the 

23 date on which a plan is submitted or resubmitted 

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


jlentini on DSK4TPTVN1PROD with BILLS
10 

•S 1313 IS

1 fails to respond to the submission or resubmission in 

2 writing, the plan shall be considered approved. 

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

4 date that is 3 years after the date on which a man5 agement conference is convened, that management 

6 conference fails to submit a comprehensive conserva7 tion and management plan or to secure approval for 

8 the comprehensive conservation and management 

9 plan under this subsection, the Administrator shall 

10 terminate the management conference convened 

11 under this section. 

12 ‘‘(5) IMPLEMENTATION.— 

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

14 comprehensive conservation and management 

15 plan under this section, the plan shall be imple16 mented. 

17 ‘‘(B) USE OF AUTHORIZED AMOUNTS.— 

18 Amounts authorized to be appropriated under 

19 titles II and VI and section 319 may be used 

20 in accordance with the applicable requirements 

21 of this Act to assist States with the implemen22 tation of a plan approved under paragraph (1). 

23 ‘‘(6) EVALUATION.— 

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

25 after the date of enactment of this paragraph, 


jlentini on DSK4TPTVN1PROD with BILLS
11 

•S 1313 IS

1 and every 5 years thereafter, the Administrator 

2 shall carry out an evaluation of the implementa3 tion of each comprehensive conservation and 

4 management plan developed under this section 

5 to determine the degree to which the goals of 

6 the plan have been met. 

7 ‘‘(B) REVIEW AND COMMENT BY MANAGE8 MENT CONFERENCE.—In completing an evalua9 tion under subparagraph (A), the Administrator 

10 shall submit the results of the evaluation to the 

11 appropriate management conference for review 

12 and comment. 

13 ‘‘(C) REPORT.— 

14 ‘‘(i) IN GENERAL.—In completing an 

15 evaluation under subparagraph (A), and 

16 after providing an opportunity for a man17 agement conference to submit comments 

18 under subparagraph (B), the Adminis19 trator shall issue a report on the results of 

20 the evaluation, including the findings and 

21 recommendations of the Administrator and 

22 any comments received from the manage23 ment conference. 

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

25 Administrator shall make a report issued 


jlentini on DSK4TPTVN1PROD with BILLS
12 

•S 1313 IS

1 under this subparagraph available to the 

2 public, including through publication in the 

3 Federal Register and on the Internet. 

4 ‘‘(D) SPECIAL RULE FOR NEW PLANS.— 

5 Notwithstanding subparagraph (A), if a man6 agement conference submits a new comprehen7 sive conservation and management plan to the 

8 Administrator after the date of enactment of 

9 this paragraph, the Administrator shall com10 plete the evaluation of the implementation of 

11 the plan required by subparagraph (A) not later 

12 than 5 years after the date of such submission 

13 and every 5 years thereafter. 

14 ‘‘(7) UPDATES.— 

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

16 months after the date on which the Adminis17 trator makes an evaluation of the implementa18 tion of a comprehensive conservation and man19 agement plan available to the public under 

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

21 convened under this section shall submit to the 

22 Administrator an update of the plan that re23 flects, to the maximum extent practicable, the 

24 results of the program evaluation. 


jlentini on DSK4TPTVN1PROD with BILLS
13 

•S 1313 IS

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

2 than 120 days after the date on which a man3 agement conference submits to the Adminis4 trator an updated comprehensive conservation 

5 and management plan under subparagraph (A), 

6 and after providing for public review and com7 ment, the Administrator shall approve the up8 dated plan, if the Administrator determines 

9 that the updated plan meets the requirements 

10 of this section. 

11 ‘‘(8) PROBATIONARY STATUS.—The Adminis12 trator may consider a management conference con13 vened under this section to be in probationary sta14 tus, if the management conference has not received 

15 approval for an updated comprehensive conservation 

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

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

18 the date on which the Administrator makes an eval19 uation of the plan available to the public under para20 graph (6)(C).’’. 

21 (d) FEDERAL AGENCIES.—Section 320 of the Fed22 eral Water Pollution Control Act (33 U.S.C. 1330) is 

23 amended— 


jlentini on DSK4TPTVN1PROD with BILLS
14 

•S 1313 IS

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

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

3 respectively; and 

4 (2) by inserting after subsection (f) the fol5 lowing: 

6 ‘‘(g) FEDERAL AGENCIES.— 

7 ‘‘(1) ACTIVITIES CONDUCTED WITHIN ESTU8 ARIES WITH APPROVED PLANS.—After approval of a 

9 comprehensive conservation and management plan 

10 by the Administrator, any Federal action or activity 

11 affecting the estuary shall be conducted, to the max12 imum extent practicable, in a manner consistent 

13 with the plan. 

14 ‘‘(2) COORDINATION AND COOPERATION.— 

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

16 Army (acting through the Chief of Engineers), 

17 the Administrator of the National Oceanic and 

18 Atmospheric Administration, the Director of the 

19 United States Fish and Wildlife Service, the 

20 Secretary of the Department of Agriculture, the 

21 Director of the United States Geological Sur22 vey, the Secretary of the Department of Trans23 portation, the Secretary of the Department of 

24 Housing and Urban Development, and the 

25 heads of other appropriate Federal agencies, as 


jlentini on DSK4TPTVN1PROD with BILLS
15 

•S 1313 IS

1 determined by the Administrator, shall, to the 

2 maximum extent practicable, cooperate and co3 ordinate activities, including monitoring activi4 ties, related to the implementation of a com5 prehensive conservation and management plan 

6 approved by the Administrator. 

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

8 Environmental Protection Agency shall serve as 

9 the lead coordinating agency under this para10 graph. 

11 ‘‘(3) CONSIDERATION OF PLANS IN AGENCY

12 BUDGET REQUESTS.—In making an annual budget 

13 request for a Federal agency referred to in para14 graph (2), the head of such agency shall consider 

15 the responsibilities of the agency under this section, 

16 including under comprehensive conservation and 

17 management plans approved by the Administrator. 

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

19 agencies referred to in paragraph (2) shall collabo20 rate on the development of tools and methodologies 

21 for monitoring the ecological health and water qual22 ity conditions of estuaries covered by a management 

23 conference convened under this section.’’. 

24 (e) GRANTS.— 


jlentini on DSK4TPTVN1PROD with BILLS
16 

•S 1313 IS

1 (1) IN GENERAL.—Subsection (h) (as redesig2 nated by subsection (d)) of section 320 of the Fed3 eral Water Pollution Control Act (33 U.S.C. 1330) 

4 is amended— 

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

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

7 the end and inserting ‘‘and other public or non8 profit private agencies, institutions, and organi9 zations’’; and 

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

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

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

13 The Administrator shall reduce, by an amount 

14 to be determined by the Administrator, grants 

15 for the implementation of a comprehensive con16 servation and management plan developed by a 

17 management conference convened under this 

18 section, if the Administrator determines that 

19 the management conference is in probationary 

20 status under subsection (f)(8). 

21 ‘‘(B) TERMINATION OF MANAGEMENT CON22 FERENCES.—The Administrator shall terminate 

23 a management conference convened under this 

24 section, and cease funding for the implementa25 tion of the comprehensive conservation and 


jlentini on DSK4TPTVN1PROD with BILLS
17 

•S 1313 IS

1 management plan developed by the manage2 ment conference, if the Administrator deter3 mines that the management conference has 

4 been in probationary status for 2 consecutive 

5 years.’’. 

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

7 the Federal Water Pollution Control Act (as redesig8 nated by subsection (d)) is amended by striking 

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

10 (f) AUTHORIZATION OF APPROPRIATIONS.—Section 

11 320 of the Federal Water Pollution Control Act (33 

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

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

15 ‘‘(j) AUTHORIZATION OF APPROPRIATIONS.— 

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

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

18 each of fiscal years 2012 through 2017 for— 

19 ‘‘(A) expenses relating to the administra20 tion of management conferences by the Admin21 istrator under this section, except that such ex22 penses shall not exceed 5 percent of the amount 

23 appropriated under this subsection; 

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

25 and 


jlentini on DSK4TPTVN1PROD with BILLS
18 

•S 1313 IS

1 ‘‘(C) monitoring the implementation of a 

2 conservation and management plan by the man3 agement conference, or by the Administrator in 

4 any case in which the conference has been ter5 minated. 

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

7 be appropriated under this subsection, the Adminis8 trator shall provide at least 80 percent per fiscal 

9 year for the development, implementation, and moni10 toring of each conservation and management plan el11 igible for grant assistance under subsection (h).’’. 

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

13 Water Pollution Control Act (as redesignated by sub14 section (d)) is amended— 

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

16 ‘‘parameters’’; and 

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

18 pathways and ecosystems to track the introduction 

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

20 provide the Administrator’’. 

21 (h) NATIONAL ESTUARY PROGRAM EVALUATION.— 

22 Section 320 of the Federal Water Pollution Control Act 

23 (33 U.S.C. 1330) is amended by inserting after subsection 

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

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


jlentini on DSK4TPTVN1PROD with BILLS
19 

•S 1313 IS

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

2 after the date of enactment of this paragraph, and 

3 every 5 years thereafter, the Administrator shall 

4 complete an evaluation of the national estuary pro5 gram established under this section. 

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

7 an evaluation under this subsection, the Adminis8 trator shall— 

9 ‘‘(A) assess the effectiveness of the na10 tional estuary program in improving water 

11 quality, natural resources, and sustainable uses 

12 of the estuaries covered by management con13 ferences convened under this section; 

14 ‘‘(B) identify best practices for improving 

15 water quality, natural resources, and sustain16 able uses of the estuaries covered by manage17 ment conferences convened under this section, 

18 including those practices funded through the 

19 use of technical assistance from the Environ20 mental Protection Agency and other Federal 

21 agencies; 

22 ‘‘(C) assess the reasons why the best prac23 tices described in subparagraph (B) resulted in 

24 the achievement of program goals; 


jlentini on DSK4TPTVN1PROD with BILLS
20 

•S 1313 IS

1 ‘‘(D) identify any redundant requirements 

2 for reporting by recipients of a grant under this 

3 section; and 

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

5 eliminating any redundancies. 

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

7 under this subsection, the Administrator shall issue 

8 a report on the results of the evaluation, including 

9 the findings and recommendations of the Adminis10 trator. 

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

12 make a report issued under this subsection available 

13 to management conferences convened under this sec14 tion and the public, including through publication in 

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

16 (i) CONVENING OF CONFERENCE.—Section 

17 320(a)(2) of the Federal Water Pollution Control Act (33 

18 U.S.C. 1330(a)(2)) is amended— 

19 (1) by striking ‘‘(2) CONVENING OF CON20 FERENCE.—’’ and all that follows through ‘‘In any 

21 case’’ and inserting the following: 

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

23 case’’; and 

24 (2) by striking subparagraph (B). 


jlentini on DSK4TPTVN1PROD with BILLS
21 

•S 1313 IS

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

2 the Federal Water Pollution Control Act (as redesignated 

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

4 designation and all that follows through ‘‘and those por5 tions of tributaries’’ and inserting the following: 

6 ‘‘(m) DEFINITIONS.—In this section, the terms ‘estu7 ary’ and ‘estuarine zone’ have the meanings given the 

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

9 ‘‘(1) the term ‘estuary’ also includes near coast10 al waters and other bodies of water within the Great 

11 Lakes that are similar in form and function to the 

12 waters described in the definition of ‘estuary’ in sec13 tion 104(n)(4); and 

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

15 ‘‘(A) waters within the Great Lakes de16 scribed in paragraph (1) and transitional areas 

17 from such waters that are similar in form and 

18 function to the transitional areas described in 

19 the definition of ‘estuarine zone’ in section 

20 104(n)(4); 

21 ‘‘(B) associated aquatic ecosystems; and 

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

Æ 


jlentini on DSK4TPTVN1PROD with BILLS