`[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 492 Reported in Senate (RS)]





                                                       Calendar No. 314

106th CONGRESS

  1st Session

                                 S. 492

                          [Report No. 106-181]

_______________________________________________________________________

                                 A BILL

   To amend the Federal Water Pollution Control Act to assist in the 
       restoration of the Chesapeake Bay, and for other purposes.

_______________________________________________________________________

                            October 13, 1999

                       Reported without amendment





                                                       Calendar No. 314
106th CONGRESS
  1st Session
                                 S. 492

                          [Report No. 106-181]

   To amend the Federal Water Pollution Control Act to assist in the 
       restoration of the Chesapeake Bay, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 2, 1999

Mr. Sarbanes (for himself, Ms. Mikulski, Mr. Warner, Mr. Robb, and Mr. 
   Santorum) introduced the following bill; which was read twice and 
       referred to the Committee on Environment and Public Works

                            October 13, 1999

                Reported by Mr. Chafee without amendment

_______________________________________________________________________

                                 A BILL


 
   To amend the Federal Water Pollution Control Act to assist in the 
       restoration of the Chesapeake Bay, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Chesapeake Bay Restoration Act of 
1999''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds that--
            (1) the Chesapeake Bay is a national treasure and a 
        resource of worldwide significance;
            (2) over many years, the productivity and water quality of 
        the Chesapeake Bay and its watershed were diminished by 
        pollution, excessive sedimentation, shoreline erosion, the 
        impacts of population growth and development in the Chesapeake 
        Bay watershed, and other factors;
            (3) the Federal Government (acting through the 
        Administrator of the Environmental Protection Agency), the 
        Governor of the State of Maryland, the Governor of the 
        Commonwealth of Virginia, the Governor of the Commonwealth of 
        Pennsylvania, the Chairperson of the Chesapeake Bay Commission, 
        and the Mayor of the District of Columbia, as Chesapeake Bay 
        Agreement signatories, have committed to a comprehensive 
        cooperative program to achieve improved water quality and 
        improvements in the productivity of living resources of the 
        Bay;
            (4) the cooperative program described in paragraph (3) 
        serves as a national and international model for the management 
        of estuaries; and
            (5) there is a need to expand Federal support for 
        monitoring, management, and restoration activities in the 
        Chesapeake Bay and the tributaries of the Bay in order to meet 
        and further the original and subsequent goals and commitments 
        of the Chesapeake Bay Program.
    (b) Purposes.--The purposes of this Act are--
            (1) to expand and strengthen cooperative efforts to restore 
        and protect the Chesapeake Bay; and
            (2) to achieve the goals established in the Chesapeake Bay 
        Agreement.

SEC. 3. CHESAPEAKE BAY.

    The Federal Water Pollution Control Act is amended by striking 
section 117 (33 U.S.C. 1267) and inserting the following:

``SEC. 117. CHESAPEAKE BAY.

    ``(a) Definitions.--In this section:
            ``(1) Administrative cost.--The term `administrative cost' 
        means the cost of salaries and fringe benefits incurred in 
        administering a grant under this section.
            ``(2) Chesapeake bay agreement.--The term `Chesapeake Bay 
        Agreement' means the formal, voluntary agreements executed to 
        achieve the goal of restoring and protecting the Chesapeake Bay 
        ecosystem and the living resources of the Chesapeake Bay 
        ecosystem and signed by the Chesapeake Executive Council.
            ``(3) Chesapeake bay ecosystem.--The term `Chesapeake Bay 
        ecosystem' means the ecosystem of the Chesapeake Bay and its 
        watershed.
            ``(4) Chesapeake bay program.--The term `Chesapeake Bay 
        Program' means the program directed by the Chesapeake Executive 
        Council in accordance with the Chesapeake Bay Agreement.
            ``(5) Chesapeake executive council.--The term `Chesapeake 
        Executive Council' means the signatories to the Chesapeake Bay 
        Agreement.
            ``(6) Signatory jurisdiction.--The term `signatory 
        jurisdiction' means a jurisdiction of a signatory to the 
        Chesapeake Bay Agreement.
    ``(b) Continuation of Chesapeake Bay Program.--
            ``(1) In general.--In cooperation with the Chesapeake 
        Executive Council (and as a member of the Council), the 
        Administrator shall continue the Chesapeake Bay Program.
            ``(2) Program office.--
                    ``(A) In general.--The Administrator shall maintain 
                in the Environmental Protection Agency a Chesapeake Bay 
                Program Office.
                    ``(B) Function.--The Chesapeake Bay Program Office 
                shall provide support to the Chesapeake Executive 
                Council by--
                            ``(i) implementing and coordinating 
                        science, research, modeling, support services, 
                        monitoring, data collection, and other 
                        activities that support the Chesapeake Bay 
                        Program;
                            ``(ii) developing and making available, 
                        through publications, technical assistance, and 
                        other appropriate means, information pertaining 
                        to the environmental quality and living 
                        resources of the Chesapeake Bay ecosystem;
                            ``(iii) in cooperation with appropriate 
                        Federal, State, and local authorities, 
                        assisting the signatories to the Chesapeake Bay 
                        Agreement in developing and implementing 
                        specific action plans to carry out the 
                        responsibilities of the signatories to the 
                        Chesapeake Bay Agreement;
                            ``(iv) coordinating the actions of the 
                        Environmental Protection Agency with the 
                        actions of the appropriate officials of other 
                        Federal agencies and State and local 
                        authorities in developing strategies to--
                                    ``(I) improve the water quality and 
                                living resources in the Chesapeake Bay 
                                ecosystem; and
                                    ``(II) obtain the support of the 
                                appropriate officials of the agencies 
                                and authorities in achieving the 
                                objectives of the Chesapeake Bay 
                                Agreement; and
                            ``(v) implementing outreach programs for 
                        public information, education, and 
                        participation to foster stewardship of the 
                        resources of the Chesapeake Bay.
    ``(c) Interagency Agreements.--The Administrator may enter into an 
interagency agreement with a Federal agency to carry out this section.
    ``(d) Technical Assistance and Assistance Grants.--
            ``(1) In general.--In cooperation with the Chesapeake 
        Executive Council, the Administrator may provide technical 
        assistance, and assistance grants, to nonprofit organizations, 
        State and local governments, colleges, universities, and 
        interstate agencies to carry out this section, subject to such 
        terms and conditions as the Administrator considers 
        appropriate.
            ``(2) Federal share.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), the Federal share of an assistance 
                grant provided under paragraph (1) shall be determined 
                by the Administrator in accordance with guidance issued 
                by the Administrator.
                    ``(B) Small watershed grants program.--The Federal 
                share of an assistance grant provided under paragraph 
                (1) to carry out an implementing activity under 
                subsection (g)(2) shall not exceed 75 percent of 
                eligible project costs, as determined by the 
                Administrator.
            ``(3) Non-federal share.--An assistance grant under 
        paragraph (1) shall be provided on the condition that non-
        Federal sources provide the remainder of eligible project 
        costs, as determined by the Administrator.
            ``(4) Administrative costs.--Administrative costs shall not 
        exceed 10 percent of the annual grant award.
    ``(e) Implementation and Monitoring Grants.--
            ``(1) In general.--If a signatory jurisdiction has approved 
        and committed to implement all or substantially all aspects of 
        the Chesapeake Bay Agreement, on the request of the chief 
        executive of the jurisdiction, the Administrator--
                    ``(A) shall make a grant to the jurisdiction for 
                the purpose of implementing the management mechanisms 
                established under the Chesapeake Bay Agreement, subject 
                to such terms and conditions as the Administrator 
                considers appropriate;
                    ``(B) may make a grant to a signatory jurisdiction 
                for the purpose of monitoring the Chesapeake Bay 
                ecosystem.
            ``(2) Proposals.--
                    ``(A) In general.--A signatory jurisdiction 
                described in paragraph (1) may apply for a grant under 
                this subsection for a fiscal year by submitting to the 
                Administrator a comprehensive proposal to implement 
                management mechanisms established under the Chesapeake 
                Bay Agreement.
                    ``(B) Contents.--A proposal under subparagraph (A) 
                shall include--
                            ``(i) a description of proposed management 
                        mechanisms that the jurisdiction commits to 
                        take within a specified time period, such as 
                        reducing or preventing pollution in the 
                        Chesapeake Bay and its watershed or meeting 
                        applicable water quality standards or 
                        established goals and objectives under the 
                        Chesapeake Bay Agreement; and
                            ``(ii) the estimated cost of the actions 
                        proposed to be taken during the fiscal year.
            ``(3) Approval.--If the Administrator finds that the 
        proposal is consistent with the Chesapeake Bay Agreement and 
        the national goals established under section 101(a), the 
        Administrator may approve the proposal for an award.
            ``(4) Federal share.--The Federal share of an 
        implementation grant under this subsection shall not exceed 50 
        percent of the cost of implementing the management mechanisms 
        during the fiscal year.
            ``(5) Non-federal share.--An implementation grant under 
        this subsection shall be made on the condition that non-Federal 
        sources provide the remainder of the costs of implementing the 
        management mechanisms during the fiscal year.
            ``(6) Administrative costs.--Administrative costs shall not 
        exceed 10 percent of the annual grant award.
            ``(7) Reporting.--On or before October 1 of each fiscal 
        year, the Administrator shall make available to the public a 
        document that lists and describes, in the greatest practicable 
        degree of detail--
                    ``(A) all projects and activities funded for the 
                fiscal year;
                    ``(B) the goals and objectives of projects funded 
                for the previous fiscal year; and
                    ``(C) the net benefits of projects funded for 
                previous fiscal years.
    ``(f) Federal Facilities and Budget Coordination.--
            ``(1) Subwatershed planning and restoration.--A Federal 
        agency that owns or operates a facility (as defined by the 
        Administrator) within the Chesapeake Bay watershed shall 
        participate in regional and subwatershed planning and 
        restoration programs.
            ``(2) Compliance with agreement.--The head of each Federal 
        agency that owns or occupies real property in the Chesapeake 
        Bay watershed shall ensure that the property, and actions taken 
        by the agency with respect to the property, comply with the 
        Chesapeake Bay Agreement, the Federal Agencies Chesapeake 
        Ecosystem Unified Plan, and any subsequent agreements and 
        plans.
            ``(3) Budget coordination.--
                    ``(A) In general.--As part of the annual budget 
                submission of each Federal agency with projects or 
                grants related to restoration, planning, monitoring, or 
                scientific investigation of the Chesapeake Bay 
                ecosystem, the head of the agency shall submit to the 
                President a report that describes plans for the 
                expenditure of the funds under this section.
                    ``(B) Disclosure to the council.--The head of each 
                agency referred to in subparagraph (A) shall disclose 
                the report under that subparagraph with the Chesapeake 
                Executive Council as appropriate.
    ``(g) Chesapeake Bay Program.--
            ``(1) Management strategies.--The Administrator, in 
        coordination with other members of the Chesapeake Executive 
        Council, shall ensure that management plans are developed and 
        implementation is begun by signatories to the Chesapeake Bay 
        Agreement to achieve and maintain--
                    ``(A) the nutrient goals of the Chesapeake Bay 
                Agreement for the quantity of nitrogen and phosphorus 
                entering the Chesapeake Bay and its watershed;
                    ``(B) the water quality requirements necessary to 
                restore living resources in the Chesapeake Bay 
                ecosystem;
                    ``(C) the Chesapeake Bay Basinwide Toxins Reduction 
                and Prevention Strategy goal of reducing or eliminating 
                the input of chemical contaminants from all 
                controllable sources to levels that result in no toxic 
                or bioaccumulative impact on the living resources of 
                the Chesapeake Bay ecosystem or on human health;
                    ``(D) habitat restoration, protection, and 
                enhancement goals established by Chesapeake Bay 
                Agreement signatories for wetlands, riparian forests, 
                and other types of habitat associated with the 
                Chesapeake Bay ecosystem; and
                    ``(E) the restoration, protection, and enhancement 
                goals established by the Chesapeake Bay Agreement 
signatories for living resources associated with the Chesapeake Bay 
ecosystem.
            ``(2) Small watershed grants program.--The Administrator, 
        in cooperation with the Chesapeake Executive Council, shall--
                    ``(A) establish a small watershed grants program as 
                part of the Chesapeake Bay Program; and
                    ``(B) offer technical assistance and assistance 
                grants under subsection (d) to local governments and 
                nonprofit organizations and individuals in the 
                Chesapeake Bay region to implement--
                            ``(i) cooperative tributary basin 
                        strategies that address the water quality and 
                        living resource needs in the Chesapeake Bay 
                        ecosystem; and
                            ``(ii) locally based protection and 
                        restoration programs or projects within a 
                        watershed that complement the tributary basin 
                        strategies.
    ``(h) Study of Chesapeake Bay Program.--
            ``(1) In general.--Not later than April 22, 2000, and every 
        5 years thereafter, the Administrator, in coordination with the 
        Chesapeake Executive Council, shall complete a study and submit 
        to Congress a comprehensive report on the results of the study.
            ``(2) Requirements.--The study and report shall--
                    ``(A) assess the state of the Chesapeake Bay 
                ecosystem;
                    ``(B) assess the appropriateness of commitments and 
                goals of the Chesapeake Bay Program and the management 
                strategies established under the Chesapeake Bay 
                Agreement for improving the state of the Chesapeake Bay 
                ecosystem;
                    ``(C) assess the effectiveness of management 
                strategies being implemented on the date of enactment 
                of this section and the extent to which the priority 
                needs are being met;
                    ``(D) make recommendations for the improved 
                management of the Chesapeake Bay Program either by 
                strengthening strategies being implemented on the date 
                of enactment of this section or by adopting new 
                strategies; and
                    ``(E) be presented in such a format as to be 
                readily transferable to and usable by other watershed 
                restoration programs.
    ``(i) Special Study of Living Resource Response.--
            ``(1) In general.--Not later than 180 days after the date 
        of enactment of this section, the Administrator shall commence 
        a 5-year special study with full participation of the 
        scientific community of the Chesapeake Bay to establish and 
        expand understanding of the response of the living resources of 
        the Chesapeake Bay ecosystem to improvements in water quality 
        that have resulted from investments made through the Chesapeake 
        Bay Program.
            ``(2) Requirements.--The study shall--
                    ``(A) determine the current status and trends of 
                living resources, including grasses, benthos, 
                phytoplankton, zooplankton, fish, and shellfish;
                    ``(B) establish to the extent practicable the rates 
                of recovery of the living resources in response to 
                improved water quality condition;
                    ``(C) evaluate and assess interactions of species, 
                with particular attention to the impact of changes 
                within and among trophic levels; and
                    ``(D) recommend management actions to optimize the 
                return of a healthy and balanced ecosystem in response 
                to improvements in the quality and character of the 
                waters of the Chesapeake Bay.
    ``(j) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $30,000,000 for each of fiscal 
years 2000 through 2005.''.`