II 

Calendar No. 525 

113TH CONGRESS 

2D SESSION S. 2042 

[Report No. 113–239] 

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 (for himself and Mr. CARDIN) introduced the following bill; 

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

Public Works 

JULY 31, 2014 

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, 

3 SECTION 1. SHORT TITLE. 

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

5 of 2014’’. 


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1 SEC. 2. NATIONAL ESTUARY PROGRAM AMENDMENTS. 

2 (a) PURPOSES OF CONFERENCE.— 

3 (1) DEVELOPMENT OF COMPREHENSIVE CON4 SERVATION AND MANAGEMENT PLANS.—Section 

5 320(b) of the Federal Water Pollution Control Act 

6 (33 U.S.C. 1330(b)) is amended by striking para7 graph (4) and inserting the following: 

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

9 comprehensive conservation and management plan 

10 that— 

11 ‘‘(A) identifies the estuary and the associ12 ated upstream waters of the estuary to be ad13 dressed by the plan, with consideration given to 

14 hydrological boundaries; 

15 ‘‘(B) recommends priority protection, con16 servation, and corrective actions and compliance 

17 schedules that address point and nonpoint 

18 sources of pollution— 

19 ‘‘(i) to restore and maintain the chem20 ical, physical, and biological integrity of 

21 the estuary, including— 

22 ‘‘(I) restoration and maintenance 

23 of water quality, including wetlands 

24 and natural hydrological flows; 


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1 ‘‘(II) a resilient and diverse in2 digenous population of shellfish, fish, 

3 and wildlife; and 

4 ‘‘(III) recreational activities in 

5 the estuary; and 

6 ‘‘(ii) to ensure that the designated 

7 uses of the estuary are protected; 

8 ‘‘(C) identifies healthy and impaired water9 shed components by carrying out integrated as10 sessments that include assessments of— 

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

13 ‘‘(ii) water quality; and 

14 ‘‘(iii) natural hydrological flows; 

15 ‘‘(D) considers current and future sustain16 able commercial activities in the estuary; 

17 ‘‘(E) addresses the effects of climate varia18 bility on the estuary, including— 

19 ‘‘(i) the identification and assessment 

20 of vulnerabilities in the estuary; 

21 ‘‘(ii) the development and implementa22 tion of adaptation strategies; and 

23 ‘‘(iii) the potential impacts of changes 

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1 tuarine habitat, and infrastructure located 

2 in the estuary; 

3 ‘‘(F) increases public education and aware4 ness with respect to— 

5 ‘‘(i) the ecological health of the estu6 ary; 

7 ‘‘(ii) the water quality conditions of 

8 the estuary; and 

9 ‘‘(iii) ocean, estuarine, land, and at10 mospheric connections and interactions; 

11 ‘‘(G) includes performance measures and 

12 goals to track implementation of the plan; and 

13 ‘‘(H) includes a coordinated monitoring 

14 strategy for Federal, State, and local govern15 ments and other entities.’’. 

16 (2) MONITORING AND MAKING RESULTS AVAIL17 ABLE.—Section 320(b) of the Federal Water Pollu18 tion Control Act (33 U.S.C. 1330(b)) is amended by 

19 striking paragraph (6) and inserting the following: 

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

21 public regarding)— 

22 ‘‘(A) water quality conditions in the estu23 ary and the associated upstream waters of the 

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


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1 ‘‘(B) watershed and habitat conditions that 

2 relate to the ecological health and water quality 

3 conditions of the estuary; and 

4 ‘‘(C) the effectiveness of actions taken pur5 suant to the comprehensive conservation and 

6 management plan developed for the estuary 

7 under this subsection;’’. 

8 (3) INFORMATION AND EDUCATIONAL ACTIVI9 TIES.—Section 320(b) of the Federal Water Pollu10 tion Control Act (33 U.S.C. 1330(b)) is amended— 

11 (A) by redesignating paragraph (7) as 

12 paragraph (8); and 

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

14 following: 

15 ‘‘(7) provide information and educational activi16 ties on the ecological health and water quality condi17 tions of the estuary; and’’. 

18 (4) CONFORMING AMENDMENT.—The sentence 

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

20 Pollution Control Act (as so redesignated) (33 

21 U.S.C. 1330(b)(8)) is amended by striking ‘‘para22 graph (7)’’ and inserting ‘‘paragraph (8)’’. 

23 (b) MEMBERS OF CONFERENCE; COLLABORATIVE

24 PROCESSES.— 


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1 (1) MEMBERS OF CONFERENCE.—Section 

2 320(c)(5) of the Federal Water Pollution Control 

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

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

5 (2) COLLABORATIVE PROCESSES.—Section 

6 320(d) of the Federal Water Pollution Control Act 

7 (33 U.S.C. 1330(d)) is amended— 

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

9 through ‘‘In developing’’ and inserting the fol10 lowing: 

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

12 PROCESSES.— 

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

14 and 

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

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

17 updating a plan under subsection (f)(4) or devel18 oping a new plan under subsection (b), a manage19 ment conference shall make use of collaborative 

20 processes— 

21 ‘‘(A) to ensure equitable inclusion of af22 fected interests; 

23 ‘‘(B) to engage with members of the man24 agement conference, including through— 


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1 ‘‘(i) the use of consensus-based deci2 sion rules; and 

3 ‘‘(ii) assistance from impartial 

4 facilitators, as appropriate; 

5 ‘‘(C) to ensure relevant information, in6 cluding scientific, technical, and cultural infor7 mation, is accessible to members; 

8 ‘‘(D) to promote accountability and trans9 parency by ensuring members are informed in 

10 a timely manner of— 

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

12 management conference; and 

13 ‘‘(ii) the results of an evaluation con14 ducted under subsection (f)(6); 

15 ‘‘(E) to identify the roles and responsibil16 ities of members— 

17 ‘‘(i) in the management conference 

18 proceedings; and 

19 ‘‘(ii) in the implementation of the 

20 plan; and 

21 ‘‘(F) to seek resolution of conflicts or dis22 putes as necessary.’’. 

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

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


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1 amended by striking subsection (f) and inserting the fol2 lowing: 

3 ‘‘(f) ADMINISTRATION OF PLANS.— 

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

5 after the date on which a management conference 

6 submits to the Administrator a comprehensive con7 servation and management plan under this section, 

8 and after providing for public review and comment, 

9 the Administrator shall approve the plan, if— 

10 ‘‘(A) the Administrator determines that 

11 the plan meets the requirements of this section; 

12 and 

13 ‘‘(B) each affected Governor concurs. 

14 ‘‘(2) COMPLETENESS.— 

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

16 determines that a plan is incomplete under 

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

18 ‘‘(i) provide the management con19 ference with written notification of the 

20 basis of that finding; and 

21 ‘‘(ii) allow the management conference 

22 to resubmit a revised plan that addresses, 

23 to the maximum extent practicable, the 

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1 cation of the Administrator described in 

2 clause (i). 

3 ‘‘(B) RESUBMISSION.—If the Adminis4 trator determines that a revised plan submitted 

5 under subparagraph (A)(ii) remains incomplete 

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

7 shall allow the management conference to re8 submit a revised plan in accordance with sub9 paragraph (A). 

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

11 whether to approve a comprehensive conserva12 tion and management plan under paragraph (1) 

13 or (7), the Administrator— 

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

15 a determination of whether the plan meets 

16 the minimum requirements of this section; 

17 and 

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

19 of approval, any additional requirements. 

20 ‘‘(3) FAILURE OF THE ADMINISTRATOR TO RE21 SPOND.—If, by the date that is 120 days after the 

22 date on which a plan is submitted or resubmitted 

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

24 fails to respond to the submission or resubmission in 

25 writing, the plan shall be considered approved. 


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

2 date that is 3 years after the date on which a man3 agement conference is convened, that management 

4 conference fails to submit a comprehensive conserva5 tion and management plan or to secure approval for 

6 the comprehensive conservation and management 

7 plan under this subsection, the Administrator shall 

8 terminate the management conference convened 

9 under this section. 

10 ‘‘(5) IMPLEMENTATION.— 

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

12 comprehensive conservation and management 

13 plan under this section, the plan shall be imple14 mented. 

15 ‘‘(B) USE OF AUTHORIZED AMOUNTS.— 

16 Amounts authorized to be appropriated under 

17 titles II and VI and section 319 may be used 

18 in accordance with the applicable requirements 

19 of this Act to assist States with the implemen20 tation of a plan approved under paragraph (1). 

21 ‘‘(6) EVALUATION.— 

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

23 after the date of enactment of this paragraph, 

24 and every 5 years thereafter, the Administrator 

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1 tion of each comprehensive conservation and 

2 management plan developed under this section 

3 to determine the degree to which the goals of 

4 the plan have been met. 

5 ‘‘(B) REVIEW AND COMMENT BY MANAGE6 MENT CONFERENCE.—In completing an evalua7 tion under subparagraph (A), the Administrator 

8 shall submit the results of the evaluation to the 

9 appropriate management conference for review 

10 and comment. 

11 ‘‘(C) REPORT.— 

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

13 evaluation under subparagraph (A), and 

14 after providing an opportunity for a man15 agement conference to submit comments 

16 under subparagraph (B), the Adminis17 trator shall issue a report on the results of 

18 the evaluation, including the findings and 

19 recommendations of the Administrator and 

20 any comments received from the manage21 ment conference. 

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

23 Administrator shall make a report issued 

24 under this subparagraph available to the 


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1 public, including through publication in the 

2 Federal Register and on the Internet. 

3 ‘‘(D) SPECIAL RULE FOR NEW PLANS.— 

4 Notwithstanding subparagraph (A), if a man5 agement conference submits a new comprehen6 sive conservation and management plan to the 

7 Administrator after the date of enactment of 

8 this paragraph, the Administrator shall com9 plete the evaluation of the implementation of 

10 the plan required by subparagraph (A) not later 

11 than 5 years after the date of such submission 

12 and every 5 years thereafter. 

13 ‘‘(7) UPDATES.— 

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

15 months after the date on which the Adminis16 trator makes an evaluation of the implementa17 tion of a comprehensive conservation and man18 agement plan available to the public under 

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

20 convened under this section shall submit to the 

21 Administrator an update of the plan that re22 flects, to the maximum extent practicable, the 

23 results of the program evaluation. 

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

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1 agement conference submits to the Adminis2 trator an updated comprehensive conservation 

3 and management plan under subparagraph (A), 

4 and after providing for public review and com5 ment, the Administrator shall approve the up6 dated plan, if the Administrator determines 

7 that the updated plan meets the requirements 

8 of this section. 

9 ‘‘(8) PROBATIONARY STATUS.—The Adminis10 trator may consider a management conference con11 vened under this section to be in probationary sta12 tus, if the management conference has not received 

13 approval for an updated comprehensive conservation 

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

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

16 the date on which the Administrator makes an eval17 uation of the plan available to the public under para18 graph (6)(C).’’. 

19 (d) FEDERAL AGENCIES.—Section 320 of the Fed20 eral Water Pollution Control Act (33 U.S.C. 1330) is 

21 amended— 

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

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

24 respectively; and 


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1 (2) by inserting after subsection (f) the fol2 lowing: 

3 ‘‘(g) FEDERAL AGENCIES.— 

4 ‘‘(1) ACTIVITIES CONDUCTED WITHIN ESTU5 ARIES WITH APPROVED PLANS.—After approval of a 

6 comprehensive conservation and management plan 

7 by the Administrator, any Federal action or activity 

8 affecting the estuary shall be conducted, to the max9 imum extent practicable, in a manner consistent 

10 with the plan. 

11 ‘‘(2) COORDINATION AND COOPERATION.— 

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

13 Army (acting through the Chief of Engineers), 

14 the Administrator of the National Oceanic and 

15 Atmospheric Administration, the Director of the 

16 United States Fish and Wildlife Service, the 

17 Secretary of the Department of Agriculture, the 

18 Director of the United States Geological Sur19 vey, the Secretary of the Department of Trans20 portation, the Secretary of the Department of 

21 Housing and Urban Development, and the 

22 heads of other appropriate Federal agencies, as 

23 determined by the Administrator, shall, to the 

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1 ties, related to the implementation of a com2 prehensive conservation and management plan 

3 approved by the Administrator. 

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

5 Environmental Protection Agency shall serve as 

6 the lead coordinating agency under this para7 graph. 

8 ‘‘(3) CONSIDERATION OF PLANS IN AGENCY

9 BUDGET REQUESTS.—In making an annual budget 

10 request for a Federal agency referred to in para11 graph (2), the head of such agency shall consider 

12 the responsibilities of the agency under this section, 

13 including under comprehensive conservation and 

14 management plans approved by the Administrator. 

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

16 agencies referred to in paragraph (2) shall collabo17 rate on the development of tools and methodologies 

18 for monitoring the ecological health and water qual19 ity conditions of estuaries covered by a management 

20 conference convened under this section.’’. 

21 (e) GRANTS.— 

22 (1) IN GENERAL.—Subsection (h) (as redesig23 nated by subsection (d)) of section 320 of the Fed24 eral Water Pollution Control Act (33 U.S.C. 1330) 

25 is amended— 


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

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

3 the end and inserting ‘‘and other public or non4 profit private agencies, institutions, and organi5 zations’’; and 

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

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

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

9 The Administrator shall reduce, by an amount 

10 to be determined by the Administrator, grants 

11 for the implementation of a comprehensive con12 servation and management plan developed by a 

13 management conference convened under this 

14 section, if the Administrator determines that 

15 the management conference is in probationary 

16 status under subsection (f)(8). 

17 ‘‘(B) TERMINATION OF MANAGEMENT CON18 FERENCES.—The Administrator shall terminate 

19 a management conference convened under this 

20 section, and cease funding for the implementa21 tion of the comprehensive conservation and 

22 management plan developed by the manage23 ment conference, if the Administrator deter24 mines that the management conference has 


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1 been in probationary status for 2 consecutive 

2 years.’’. 

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

4 the Federal Water Pollution Control Act (as redesig5 nated by subsection (d)) is amended by striking 

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

7 (f) AUTHORIZATION OF APPROPRIATIONS.—Section 

8 320 of the Federal Water Pollution Control Act (33 

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

10 amended by striking subsection (j) and inserting the fol11 lowing: 

12 ‘‘(j) AUTHORIZATION OF APPROPRIATIONS.— 

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

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

15 each of fiscal years 2014 through 2018 for— 

16 ‘‘(A) expenses relating to the administra17 tion of grants by the Administrator under this 

18 section, including the award and oversight of 

19 grants, except that such expenses shall not ex20 ceed 5 percent of the amount appropriated 

21 under this subsection; 

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

23 and 

24 ‘‘(C) monitoring the implementation of a 

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1 agement conference, or by the Administrator in 

2 any case in which the conference has been ter3 minated. 

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

5 provide at least 80 percent of the amounts appro6 priated under this subsection per fiscal year for the 

7 development, implementation, and monitoring of 

8 each conservation and management plan eligible for 

9 grant assistance under subsection (h). 

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

11 include in the annual budget request of the Environ12 mental Protection Agency a clear description of the 

13 amounts requested by the Administrator to make 

14 grants under paragraph (1)(B).’’. 

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

16 Water Pollution Control Act (as redesignated by sub17 section (d)) is amended— 

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

19 ‘‘parameters’’; and 

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

21 pathways and ecosystems to track the introduction 

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

23 provide the Administrator’’. 

24 (h) NATIONAL ESTUARY PROGRAM EVALUATION.— 

25 Section 320 of the Federal Water Pollution Control Act 


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1 (33 U.S.C. 1330) is amended by inserting after subsection 

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

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

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

5 after the date of enactment of this paragraph, and 

6 every 5 years thereafter, the Administrator shall 

7 complete an evaluation of the national estuary pro8 gram established under this section. 

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

10 an evaluation under this subsection, the Adminis11 trator shall— 

12 ‘‘(A) assess the effectiveness of the na13 tional estuary program in improving water 

14 quality, natural resources, and sustainable uses 

15 of the estuaries covered by management con16 ferences convened under this section; 

17 ‘‘(B) identify best practices for improving 

18 water quality, natural resources, and sustain19 able uses of the estuaries covered by manage20 ment conferences convened under this section, 

21 including those practices funded through the 

22 use of technical assistance from the Environ23 mental Protection Agency and other Federal 

24 agencies; 


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1 ‘‘(C) assess the reasons why the best prac2 tices described in subparagraph (B) resulted in 

3 the achievement of program goals; 

4 ‘‘(D) identify any redundant requirements 

5 for reporting by recipients of a grant under this 

6 section; and 

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

8 eliminating any redundancies. 

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

10 under this subsection, the Administrator shall issue 

11 a report on the results of the evaluation, including 

12 the findings and recommendations of the Adminis13 trator. 

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

15 make a report issued under this subsection available 

16 to management conferences convened under this sec17 tion and the public, including through publication in 

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

19 (i) CONVENING OF CONFERENCE.—Section 

20 320(a)(2) of the Federal Water Pollution Control Act (33 

21 U.S.C. 1330(a)(2)) is amended— 

22 (1) by striking ‘‘(2) CONVENING OF CON23 FERENCE.—’’ and all that follows through ‘‘In any 

24 case’’ and inserting the following: 


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

2 case’’; and 

3 (2) by striking subparagraph (B). 

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

5 the Federal Water Pollution Control Act (as redesignated 

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

7 designation and all that follows through ‘‘and those por8 tions of tributaries’’ and inserting the following: 

9 ‘‘(m) DEFINITIONS.—In this section, the terms ‘estu10 ary’ and ‘estuarine zone’ have the meanings given the 

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

12 ‘‘(1) the term ‘estuary’ also includes near coast13 al waters and other bodies of water within the Great 

14 Lakes that are similar in form and function to the 

15 waters described in the definition of ‘estuary’ in sec16 tion 104(n)(4); and 

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

18 ‘‘(A) waters within the Great Lakes de19 scribed in paragraph (1) and transitional areas 

20 from such waters that are similar in form and 

21 function to the transitional areas described in 

22 the definition of ‘estuarine zone’ in section 

23 104(n)(4); 

24 ‘‘(B) associated aquatic ecosystems; and 

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


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1 SECTION 1. SHORT TITLE. 

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

3 2014’’. 

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 (33 

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

10 (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 estuary re15 sources to be considered within the plan; 

16 ‘‘(B) recommends priority protection, con17 servation, and corrective actions and compliance 

18 schedules that address point and nonpoint 

19 sources of pollution— 

20 ‘‘(i) to restore and maintain the chem21 ical, physical, and biological integrity of the 

22 estuary, including— 

23 ‘‘(I) restoration and maintenance 

24 of water quality, including wetlands 

25 and natural hydrological flows; 


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1 ‘‘(II) a resilient and diverse in2 digenous population of shellfish, fish, 

3 and wildlife; and 

4 ‘‘(III) recreational activities in 

5 the estuary; and 

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

7 of the estuary are protected; 

8 ‘‘(C) identifies healthy and impaired water9 shed components by carrying out integrated as10 sessments that include assessments of— 

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

13 ‘‘(ii) water quality; and 

14 ‘‘(iii) natural hydrological flows; 

15 ‘‘(D) considers current and future sustain16 able commercial activities in the estuary; 

17 ‘‘(E) considers the effects of ongoing climate, 

18 hydrologic, and geologic changes on the estuary, 

19 including— 

20 ‘‘(i) the identification and assessment 

21 of vulnerabilities in the estuary; 

22 ‘‘(ii) the development and implementa23 tion of adaptation strategies; and 

24 ‘‘(iii) the potential impacts of changes 

25 in sea level or coastal erosion on estuarine 


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1 water quality, estuarine habitat, and infra2 structure located in the estuary; 

3 ‘‘(F) increases public education and aware4 ness with respect to— 

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

6 ‘‘(ii) the water quality conditions of 

7 the estuary; and 

8 ‘‘(iii) ocean, estuarine, land, and at9 mospheric connections and interactions; 

10 ‘‘(G) includes performance measures and 

11 goals to track implementation of the plan; and 

12 ‘‘(H) includes a coordinated monitoring 

13 strategy for Federal, State, and local govern14 ments and other entities.’’. 

15 (2) MONITORING AND MAKING RESULTS AVAIL16 ABLE.—Section 320(b) of the Federal Water Pollution 

17 Control Act (33 U.S.C. 1330(b)) is amended by strik18 ing paragraph (6) and inserting the following: 

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

20 public regarding)— 

21 ‘‘(A) water quality conditions considered by 

22 the comprehensive conservation and management 

23 plan developed under paragraph (4); 


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1 ‘‘(B) watershed and habitat conditions that 

2 relate to the ecological health and water quality 

3 conditions of the estuary; and 

4 ‘‘(C) the effectiveness of actions taken pursu5 ant to the comprehensive conservation and man6 agement plan developed for the estuary under 

7 this subsection;’’. 

8 (3) INFORMATION AND EDUCATIONAL ACTIVI9 TIES.—Section 320(b) of the Federal Water Pollution 

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

11 (A) by redesignating paragraph (7) as 

12 paragraph (8); and 

13 (B) by inserting after paragraph (6) the fol14 lowing: 

15 ‘‘(7) provide information and educational activi16 ties on the ecological health and water quality condi17 tions of the estuary; and’’. 

18 (4) CONFORMING AMENDMENT.—The sentence fol19 lowing section 320(b)(8) of the Federal Water Pollu20 tion Control Act (as so redesignated) (33 U.S.C. 

21 1330(b)(8)) is amended by striking ‘‘paragraph (7)’’ 

22 and inserting ‘‘paragraph (8)’’. 

23 (b) COLLABORATIVE PROCESSES.—Section 320(d) of 

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

25 1330(d)) is amended— 


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

2 ‘‘In developing’’ and inserting the following: 

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

4 PROCESSES.— 

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

6 and 

7 (2) by adding at the end the following: 

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

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

10 a new plan under subsection (b), a management con11 ference shall make use of collaborative processes— 

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

13 interests; 

14 ‘‘(B) to engage with members of the man15 agement conference, including through— 

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

17 rules; and 

18 ‘‘(ii) assistance from impartial 

19 facilitators, as appropriate; 

20 ‘‘(C) to ensure relevant scientific, technical, 

21 and economic information is accessible to mem22 bers; 

23 ‘‘(D) to promote accountability and trans24 parency by ensuring members are informed in a 

25 timely manner of— 


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

2 management conference; and 

3 ‘‘(ii) the results of an evaluation con4 ducted under subsection (f)(6); 

5 ‘‘(E) to identify the roles and responsibil6 ities of members— 

7 ‘‘(i) in the management conference pro8 ceedings; and 

9 ‘‘(ii) in the implementation of the 

10 plan; and 

11 ‘‘(F) to seek resolution of conflicts or dis12 putes as necessary.’’. 

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

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

15 amended by striking subsection (f) and inserting the fol16 lowing: 

17 ‘‘(f) ADMINISTRATION OF PLANS.— 

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

19 the date on which a management conference submits 

20 to the Administrator a comprehensive conservation 

21 and management plan under this section, and after 

22 providing for public review and comment, the Admin23 istrator shall approve the plan, if— 

24 ‘‘(A) the Administrator determines that the 

25 plan meets the requirements of this section; and 


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1 ‘‘(B) each affected Governor concurs. 

2 ‘‘(2) COMPLETENESS.— 

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

4 determines that a plan is incomplete under 

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

6 ‘‘(i) provide the management con7 ference with written notification of the basis 

8 of that finding; and 

9 ‘‘(ii) allow the management conference 

10 to resubmit a revised plan that addresses, to 

11 the maximum extent practicable, the com12 ments contained in the written notification 

13 of the Administrator described in clause (i). 

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

15 determines that a revised plan submitted under 

16 subparagraph (A)(ii) remains incomplete under 

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

18 allow the management conference to resubmit a 

19 revised plan in accordance with subparagraph 

20 (A). 

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

22 whether to approve a comprehensive conservation 

23 and management plan under paragraph (1) or 

24 (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 of 

6 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 under 

21 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 ti5 tles II and VI and section 319 may be used in 

6 accordance with the applicable requirements of 

7 this Act to assist States with the implementation 

8 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 to 

16 determine the degree to which the goals of the 

17 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 Administrator 

6 shall issue a report on the results of the 

7 evaluation, including the findings and rec8 ommendations 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.—Not17 withstanding subparagraph (A), if a manage18 ment conference submits a new comprehensive 

19 conservation and management plan to the Ad20 ministrator after the date of enactment of this 

21 paragraph, the Administrator shall complete the 

22 evaluation of the implementation of the plan re23 quired by subparagraph (A) not later than 5 

24 years after the date of such submission and every 

25 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 para7 graph (6)(C), a management conference convened 

8 under this section shall submit to the Adminis9 trator an update of the plan that reflects, to the 

10 maximum extent practicable, the results of the 

11 program evaluation. 

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

13 than 120 days after the date on which a manage14 ment conference submits to the Administrator an 

15 updated comprehensive conservation and man16 agement plan under subparagraph (A), and after 

17 providing for public review and comment, the 

18 Administrator shall approve the updated plan, if 

19 the Administrator determines that the updated 

20 plan meets the requirements of this section. 

21 ‘‘(8) PROBATIONARY STATUS.—The Adminis22 trator may consider a management conference con23 vened under this section to be in probationary status, 

24 if the management conference has not received ap25 proval for an updated comprehensive conservation 


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

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

3 the date on which the Administrator makes an eval4 uation of the plan available to the public under para5 graph (6)(C).’’. 

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

7 Water Pollution Control Act (33 U.S.C. 1330) is amend8 ed— 

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

10 and (k) as subsections (h), (i), (j), (k), and (m), re11 spectively; and 

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

13 ‘‘(g) FEDERAL AGENCIES.— 

14 ‘‘(1) 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 Sec20 retary of the Department of Agriculture, the Di21 rector of the United States Geological Survey, the 

22 Secretary of the Department of Transportation, 

23 the Secretary of the Department of Housing and 

24 Urban Development, and the heads of other ap25 propriate Federal agencies, as determined by the 


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1 Administrator, shall, to the maximum extent 

2 practicable, cooperate and coordinate activities, 

3 including monitoring activities, related to the 

4 implementation of a comprehensive conservation 

5 and management plan approved by the Adminis6 trator. 

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

8 Environmental Protection Agency shall serve as 

9 the lead coordinating agency under this para10 graph. 

11 ‘‘(2) CONSIDERATION OF PLANS IN AGENCY

12 BUDGET REQUESTS.—In making an annual budget 

13 request for a Federal agency referred to in paragraph 

14 (1), the head of such agency shall consider the respon15 sibilities of the agency under this section, including 

16 under comprehensive conservation and management 

17 plans approved by the Administrator. 

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

19 agencies referred to in paragraph (1) shall collaborate 

20 on the development of tools and methodologies for 

21 monitoring the ecological health and water quality 

22 conditions of estuaries covered by a management con23 ference convened under this section.’’. 

24 (e) GRANTS.— 


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1 (1) IN GENERAL.—Subsection (h) (as redesig2 nated by subsection (d)) of section 320 of the Federal 

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

4 amended by adding at the end the following: 

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

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

7 The Administrator shall reduce, by an amount to 

8 be determined by the Administrator, grants for 

9 the implementation of a comprehensive conserva10 tion and management plan developed by a man11 agement conference convened under this section, 

12 if the Administrator determines that the man13 agement conference is in probationary status 

14 under subsection (f)(8). 

15 ‘‘(B) TERMINATION OF MANAGEMENT CON16 FERENCES.—The Administrator shall terminate 

17 a management conference convened under this 

18 section, and cease funding for the implementa19 tion of the comprehensive conservation and man20 agement plan developed by the management con21 ference, if the Administrator determines that the 

22 management conference has been in probationary 

23 status for 2 consecutive years.’’. 

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

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1 nated by subsection (d)) is amended by striking ‘‘sub2 section (g)’’ and inserting ‘‘subsection (h)’’. 

3 (f) AUTHORIZATION OF APPROPRIATIONS.—Section 

4 320 of the Federal Water Pollution Control Act (33 U.S.C. 

5 1330) (as redesignated by subsection (d)) is amended by 

6 striking subsection (j) and inserting the following: 

7 ‘‘(j) AUTHORIZATION OF APPROPRIATIONS.— 

8 ‘‘(1) IN GENERAL.—There is authorized to be ap9 propriated to the Administrator $35,000,000 for each 

10 of fiscal years 2015 through 2019 for— 

11 ‘‘(A) expenses relating to the administration 

12 of grants by the Administrator under this sec13 tion, including the award and oversight of 

14 grants, except that such expenses shall not exceed 

15 5 percent of the amount appropriated under this 

16 subsection; 

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

18 and 

19 ‘‘(C) monitoring the implementation of a 

20 conservation and management plan by the man21 agement conference, or by the Administrator in 

22 any case in which the conference has been termi23 nated. 

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

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1 priated under this subsection per fiscal year for the 

2 development, implementation, and monitoring of each 

3 conservation and management plan eligible for grant 

4 assistance under subsection (h). 

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

6 include in the annual budget request of the Environ7 mental Protection Agency a clear description of the 

8 amounts requested by the Administrator to make 

9 grants under paragraph (1)(B).’’. 

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

11 Water Pollution Control Act (as redesignated by subsection 

12 (d)) is amended— 

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

14 ‘‘parameters’’; and 

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

16 pathways and ecosystems to track the introduction 

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

18 provide the Administrator’’. 

19 (h) NATIONAL ESTUARY PROGRAM EVALUATION.—Sec20 tion 320 of the Federal Water Pollution Control Act (33 

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

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

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

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

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


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1 years thereafter, the Administrator shall complete an 

2 evaluation of the national estuary program estab3 lished under this section. 

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

5 evaluation under this subsection, the Administrator 

6 shall— 

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

8 estuary program in improving water quality, 

9 natural resources, and sustainable uses of the es10 tuaries covered by management conferences con11 vened under this section; 

12 ‘‘(B) identify best practices for improving 

13 water quality, natural resources, and sustainable 

14 uses of the estuaries covered by management con15 ferences convened under this section, including 

16 those practices funded through the use of tech17 nical assistance from the Environmental Protec18 tion Agency and other Federal 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 a 

5 report on the results of the evaluation, including the 

6 findings and recommendations of the Administrator. 

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

8 make a report issued under this subsection available 

9 to management conferences convened under this sec10 tion and the public, including through publication in 

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

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

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

14 1330(a)(2)) is amended— 

15 (1) by striking ‘‘(2) CONVENING OF CON16 FERENCE.—’’ and all that follows through ‘‘In any 

17 case’’ and inserting the following: 

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

19 case’’; and 

20 (2) by striking subparagraph (B). 


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Calendar No. 525 

113TH CONGRESS 

2D SESSION S. 2042 

[Report No. 113–239] 

A BILL 

To amend the Federal Water Pollution Control Act 

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

JULY 31, 2014 

Reported with an amendment 


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