II 

113TH CONGRESS 

2D SESSION S. 2042 

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 

FEBRUARY 26, 2014 

Mr. WHITEHOUSE 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 2014’’. 

6 SEC. 2. NATIONAL ESTUARY PROGRAM AMENDMENTS. 

7 (a) PURPOSES OF CONFERENCE.— 

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

10 320(b) of the Federal Water Pollution Control Act 


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1 (33 U.S.C. 1330(b)) is amended by striking para2 graph (4) and inserting the following: 

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

4 comprehensive conservation and management plan 

5 that— 

6 ‘‘(A) identifies the estuary and the associ7 ated upstream waters of the estuary to be ad8 dressed by the plan, with consideration given to 

9 hydrological boundaries; 

10 ‘‘(B) recommends priority protection, con11 servation, and corrective actions and compliance 

12 schedules that address point and nonpoint 

13 sources of pollution— 

14 ‘‘(i) to restore and maintain the chem15 ical, physical, and biological integrity of 

16 the estuary, including— 

17 ‘‘(I) restoration and maintenance 

18 of water quality, including wetlands 

19 and natural hydrological flows; 

20 ‘‘(II) a resilient and diverse in21 digenous population of shellfish, fish, 

22 and wildlife; and 

23 ‘‘(III) recreational activities in 

24 the estuary; and 


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1 ‘‘(ii) to ensure that the designated 

2 uses of the estuary are protected; 

3 ‘‘(C) identifies healthy and impaired water4 shed components by carrying out integrated as5 sessments that include assessments of— 

6 ‘‘(i) aquatic habitat and biological in7 tegrity; 

8 ‘‘(ii) water quality; and 

9 ‘‘(iii) natural hydrological flows; 

10 ‘‘(D) considers current and future sustain11 able commercial activities in the estuary; 

12 ‘‘(E) addresses the effects of climate varia13 bility on the estuary, including— 

14 ‘‘(i) the identification and assessment 

15 of vulnerabilities in the estuary; 

16 ‘‘(ii) the development and implementa17 tion of adaptation strategies; and 

18 ‘‘(iii) the potential impacts of changes 

19 in sea level on estuarine water quality, es20 tuarine habitat, and infrastructure located 

21 in the estuary; 

22 ‘‘(F) increases public education and aware23 ness with respect to— 

24 ‘‘(i) the ecological health of the estu25 ary; 


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1 ‘‘(ii) the water quality conditions of 

2 the estuary; and 

3 ‘‘(iii) ocean, estuarine, land, and at4 mospheric connections and interactions; 

5 ‘‘(G) includes performance measures and 

6 goals to track implementation of the plan; and 

7 ‘‘(H) includes a coordinated monitoring 

8 strategy for Federal, State, and local govern9 ments and other entities.’’. 

10 (2) MONITORING AND MAKING RESULTS AVAIL11 ABLE.—Section 320(b) of the Federal Water Pollu12 tion Control Act (33 U.S.C. 1330(b)) is amended by 

13 striking paragraph (6) and inserting the following: 

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

15 public regarding)— 

16 ‘‘(A) water quality conditions in the estu17 ary and the associated upstream waters of the 

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

19 ‘‘(B) watershed and habitat conditions that 

20 relate to the ecological health and water quality 

21 conditions of the estuary; and 

22 ‘‘(C) the effectiveness of actions taken pur23 suant to the comprehensive conservation and 

24 management plan developed for the estuary 

25 under this subsection;’’. 


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1 (3) INFORMATION AND EDUCATIONAL ACTIVI2 TIES.—Section 320(b) of the Federal Water Pollu3 tion 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 

7 following: 

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 

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

13 Pollution Control Act (as so redesignated) (33 

14 U.S.C. 1330(b)(8)) is amended by striking ‘‘para15 graph (7)’’ 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 

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

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

22 (2) COLLABORATIVE PROCESSES.—Section 

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

24 (33 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 devel11 oping a new plan under subsection (b), a manage12 ment conference shall make use of collaborative 

13 processes— 

14 ‘‘(A) to ensure equitable inclusion of af15 fected interests; 

16 ‘‘(B) to engage with members of the man17 agement conference, including through— 

18 ‘‘(i) the use of consensus-based deci19 sion rules; and 

20 ‘‘(ii) assistance from impartial 

21 facilitators, as appropriate; 

22 ‘‘(C) to ensure relevant information, in23 cluding scientific, technical, and cultural infor24 mation, is accessible to members; 


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

3 a 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 

11 proceedings; 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 

22 after the date on which a management conference 

23 submits to the Administrator a comprehensive con24 servation and management plan under this section, 


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1 and after providing for public review and comment, 

2 the Administrator shall approve the plan, if— 

3 ‘‘(A) the Administrator determines that 

4 the plan meets the requirements of this section; 

5 and 

6 ‘‘(B) each affected Governor concurs. 

7 ‘‘(2) COMPLETENESS.— 

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

9 determines that a plan is incomplete under 

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

11 ‘‘(i) provide the management con12 ference with written notification of the 

13 basis of that finding; and 

14 ‘‘(ii) allow the management conference 

15 to resubmit a revised plan that addresses, 

16 to the maximum extent practicable, the 

17 comments contained in the written notifi18 cation of the Administrator described in 

19 clause (i). 

20 ‘‘(B) RESUBMISSION.—If the Adminis21 trator determines that a revised plan submitted 

22 under subparagraph (A)(ii) remains incomplete 

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

24 shall allow the management conference to reVerDate Mar 15 2010 00:33 Feb 27, 2014 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S2042.IS S2042

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1 submit a revised plan in accordance with sub2 paragraph (A). 

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

4 whether to approve a comprehensive conserva5 tion and management plan under paragraph (1) 

6 or (7), the Administrator— 

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

8 a determination of whether the plan meets 

9 the minimum requirements of this section; 

10 and 

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

12 of approval, any additional requirements. 

13 ‘‘(3) FAILURE OF THE ADMINISTRATOR TO RE14 SPOND.—If, by the date that is 120 days after the 

15 date on which a plan is submitted or resubmitted 

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

17 fails to respond to the submission or resubmission in 

18 writing, the plan shall be considered approved. 

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

20 date that is 3 years after the date on which a man21 agement conference is convened, that management 

22 conference fails to submit a comprehensive conserva23 tion and management plan or to secure approval for 

24 the comprehensive conservation and management 

25 plan under this subsection, the Administrator shall 


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1 terminate the management conference convened 

2 under this section. 

3 ‘‘(5) IMPLEMENTATION.— 

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

5 comprehensive conservation and management 

6 plan under this section, the plan shall be imple7 mented. 

8 ‘‘(B) USE OF AUTHORIZED AMOUNTS.— 

9 Amounts authorized to be appropriated under 

10 titles II and VI and section 319 may be used 

11 in accordance with the applicable requirements 

12 of this Act to assist States with the implemen13 tation of a plan approved under paragraph (1). 

14 ‘‘(6) EVALUATION.— 

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

16 after the date of enactment of this paragraph, 

17 and every 5 years thereafter, the Administrator 

18 shall carry out an evaluation of the implementa19 tion of each comprehensive conservation and 

20 management plan developed under this section 

21 to determine the degree to which the goals of 

22 the plan have been met. 

23 ‘‘(B) REVIEW AND COMMENT BY MANAGE24 MENT CONFERENCE.—In completing an evalua25 tion under subparagraph (A), the Administrator 


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1 shall submit the results of the evaluation to the 

2 appropriate management conference for review 

3 and comment. 

4 ‘‘(C) REPORT.— 

5 ‘‘(i) IN GENERAL.—In completing an 

6 evaluation under subparagraph (A), and 

7 after providing an opportunity for a man8 agement conference to submit comments 

9 under subparagraph (B), the Adminis10 trator shall issue a report on the results of 

11 the evaluation, including the findings and 

12 recommendations of the Administrator and 

13 any comments received from the manage14 ment conference. 

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

16 Administrator shall make a report issued 

17 under this subparagraph available to the 

18 public, including through publication in the 

19 Federal Register and on the Internet. 

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

21 Notwithstanding subparagraph (A), if a man22 agement conference submits a new comprehen23 sive conservation and management plan to the 

24 Administrator after the date of enactment of 

25 this paragraph, the Administrator shall comVerDate Mar 15 2010 00:33 Feb 27, 2014 Jkt 039200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S2042.IS S2042

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1 plete the evaluation of the implementation of 

2 the plan required by subparagraph (A) not later 

3 than 5 years after the date of such submission 

4 and every 5 years thereafter. 

5 ‘‘(7) UPDATES.— 

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

7 months after the date on which the Adminis8 trator makes an evaluation of the implementa9 tion of a comprehensive conservation and man10 agement plan available to the public under 

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

12 convened under this section shall submit to the 

13 Administrator an update of the plan that re14 flects, to the maximum extent practicable, the 

15 results of the program evaluation. 

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

17 than 120 days after the date on which a man18 agement conference submits to the Adminis19 trator an updated comprehensive conservation 

20 and management plan under subparagraph (A), 

21 and after providing for public review and com22 ment, the Administrator shall approve the up23 dated plan, if the Administrator determines 

24 that the updated plan meets the requirements 

25 of this section. 


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1 ‘‘(8) PROBATIONARY STATUS.—The Adminis2 trator may consider a management conference con3 vened under this section to be in probationary sta4 tus, if the management conference has not received 

5 approval for an updated comprehensive conservation 

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

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

8 the date on which the Administrator makes an eval9 uation of the plan available to the public under para10 graph (6)(C).’’. 

11 (d) FEDERAL AGENCIES.—Section 320 of the Fed12 eral Water Pollution Control Act (33 U.S.C. 1330) is 

13 amended— 

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

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

16 respectively; and 

17 (2) by inserting after subsection (f) the fol18 lowing: 

19 ‘‘(g) FEDERAL AGENCIES.— 

20 ‘‘(1) ACTIVITIES CONDUCTED WITHIN ESTU21 ARIES WITH APPROVED PLANS.—After approval of a 

22 comprehensive conservation and management plan 

23 by the Administrator, any Federal action or activity 

24 affecting the estuary shall be conducted, to the maxVerDate Mar 15 2010 00:33 Feb 27, 2014 Jkt 039200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\S2042.IS S2042

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1 imum extent practicable, in a manner consistent 

2 with the plan. 

3 ‘‘(2) COORDINATION AND COOPERATION.— 

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

5 Army (acting through the Chief of Engineers), 

6 the Administrator of the National Oceanic and 

7 Atmospheric Administration, the Director of the 

8 United States Fish and Wildlife Service, the 

9 Secretary of the Department of Agriculture, the 

10 Director of the United States Geological Sur11 vey, the Secretary of the Department of Trans12 portation, the Secretary of the Department of 

13 Housing and Urban Development, and the 

14 heads of other appropriate Federal agencies, as 

15 determined by the Administrator, shall, to the 

16 maximum extent practicable, cooperate and co17 ordinate activities, including monitoring activi18 ties, related to the implementation of a com19 prehensive conservation and management plan 

20 approved by the Administrator. 

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

22 Environmental Protection Agency shall serve as 

23 the lead coordinating agency under this para24 graph. 


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1 ‘‘(3) CONSIDERATION OF PLANS IN AGENCY

2 BUDGET REQUESTS.—In making an annual budget 

3 request for a Federal agency referred to in para4 graph (2), the head of such agency shall consider 

5 the responsibilities of the agency under this section, 

6 including under comprehensive conservation and 

7 management plans approved by the Administrator. 

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

9 agencies referred to in paragraph (2) shall collabo10 rate on the development of tools and methodologies 

11 for monitoring the ecological health and water qual12 ity conditions of estuaries covered by a management 

13 conference convened under this section.’’. 

14 (e) GRANTS.— 

15 (1) IN GENERAL.—Subsection (h) (as redesig16 nated by subsection (d)) of section 320 of the Fed17 eral Water Pollution Control Act (33 U.S.C. 1330) 

18 is amended— 

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

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

21 the end and inserting ‘‘and other public or non22 profit private agencies, institutions, and organi23 zations’’; and 

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

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


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

2 The Administrator shall reduce, by an amount 

3 to be determined by the Administrator, grants 

4 for the implementation of a comprehensive con5 servation and management plan developed by a 

6 management conference convened under this 

7 section, if the Administrator determines that 

8 the management conference is in probationary 

9 status under subsection (f)(8). 

10 ‘‘(B) TERMINATION OF MANAGEMENT CON11 FERENCES.—The Administrator shall terminate 

12 a management conference convened under this 

13 section, and cease funding for the implementa14 tion of the comprehensive conservation and 

15 management plan developed by the manage16 ment conference, if the Administrator deter17 mines that the management conference has 

18 been in probationary status for 2 consecutive 

19 years.’’. 

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

21 the Federal Water Pollution Control Act (as redesig22 nated by subsection (d)) is amended by striking 

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

24 (f) AUTHORIZATION OF APPROPRIATIONS.—Section 

25 320 of the Federal Water Pollution Control Act (33 


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

2 amended by striking subsection (j) and inserting the fol3 lowing: 

4 ‘‘(j) AUTHORIZATION OF APPROPRIATIONS.— 

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

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

7 each of fiscal years 2014 through 2018 for— 

8 ‘‘(A) expenses relating to the administra9 tion of grants by the Administrator under this 

10 section, including the award and oversight of 

11 grants, except that such expenses shall not ex12 ceed 5 percent of the amount appropriated 

13 under this subsection; 

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

15 and 

16 ‘‘(C) monitoring the implementation of a 

17 conservation and management plan by the man18 agement conference, or by the Administrator in 

19 any case in which the conference has been ter20 minated. 

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

22 provide at least 80 percent of the amounts appro23 priated under this subsection per fiscal year for the 

24 development, implementation, and monitoring of 


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1 each conservation and management plan eligible for 

2 grant assistance under subsection (h). 

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

4 include in the annual budget request of the Environ5 mental Protection Agency a clear description of the 

6 amounts requested by the Administrator to make 

7 grants under paragraph (1)(B).’’. 

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

9 Water Pollution Control Act (as redesignated by sub10 section (d)) is amended— 

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

12 ‘‘parameters’’; and 

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

14 pathways and ecosystems to track the introduction 

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

16 provide the Administrator’’. 

17 (h) NATIONAL ESTUARY PROGRAM EVALUATION.— 

18 Section 320 of the Federal Water Pollution Control Act 

19 (33 U.S.C. 1330) is amended by inserting after subsection 

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

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

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

23 after the date of enactment of this paragraph, and 

24 every 5 years thereafter, the Administrator shall 


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1 complete an evaluation of the national estuary pro2 gram established under this section. 

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

4 an evaluation under this subsection, the Adminis5 trator shall— 

6 ‘‘(A) assess the effectiveness of the na7 tional estuary program in improving water 

8 quality, natural resources, and sustainable uses 

9 of the estuaries covered by management con10 ferences convened under this section; 

11 ‘‘(B) identify best practices for improving 

12 water quality, natural resources, and sustain13 able uses of the estuaries covered by manage14 ment conferences convened under this section, 

15 including those practices funded through the 

16 use of technical assistance from the Environ17 mental Protection Agency and other Federal 

18 agencies; 

19 ‘‘(C) assess the reasons why the best prac20 tices described in subparagraph (B) resulted in 

21 the achievement of program goals; 

22 ‘‘(D) identify any redundant requirements 

23 for reporting by recipients of a grant under this 

24 section; and 


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

2 eliminating any redundancies. 

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

4 under this subsection, the Administrator shall issue 

5 a report on the results of the evaluation, including 

6 the findings and recommendations of the Adminis7 trator. 

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

9 make a report issued under this subsection available 

10 to management conferences convened under this sec11 tion and the public, including through publication in 

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

13 (i) CONVENING OF CONFERENCE.—Section 

14 320(a)(2) of the Federal Water Pollution Control Act (33 

15 U.S.C. 1330(a)(2)) is amended— 

16 (1) by striking ‘‘(2) CONVENING OF CON17 FERENCE.—’’ and all that follows through ‘‘In any 

18 case’’ and inserting the following: 

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

20 case’’; and 

21 (2) by striking subparagraph (B). 

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

23 the Federal Water Pollution Control Act (as redesignated 

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


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1 designation and all that follows through ‘‘and those por2 tions of tributaries’’ and inserting the following: 

3 ‘‘(m) DEFINITIONS.—In this section, the terms ‘estu4 ary’ and ‘estuarine zone’ have the meanings given the 

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

6 ‘‘(1) the term ‘estuary’ also includes near coast7 al waters and other bodies of water within the Great 

8 Lakes that are similar in form and function to the 

9 waters described in the definition of ‘estuary’ in sec10 tion 104(n)(4); and 

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

12 ‘‘(A) waters within the Great Lakes de13 scribed in paragraph (1) and transitional areas 

14 from such waters that are similar in form and 

15 function to the transitional areas described in 

16 the definition of ‘estuarine zone’ in section 

17 104(n)(4); 

18 ‘‘(B) associated aquatic ecosystems; and 

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

Æ 


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