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106TH CONGRESS

1ST SESSION S. 493

To require the Secretary of the Army, acting through the Chief of Engineers,

to evaluate, develop, and implement pilot projects in Maryland, Virginia,

and North Carolina to address problems associated with toxic microorganisms in tidal and nontidal wetlands and waters.

IN THE SENATE OF THE UNITED STATES

MARCH 2, 1999

Mr. SARBANES (for himself, Ms. MIKULSKI, and Mr. EDWARDS) introduced

the following bill; which was read twice and referred to the Committee

on Environment and Public Works

A BILL

To require the Secretary of the Army, acting through the

Chief of Engineers, to evaluate, develop, and implement

pilot projects in Maryland, Virginia, and North Carolina

to address problems associated with toxic microorganisms

in tidal and nontidal wetlands and waters.

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 ‘‘Toxic Microorganism

5 Abatement Pilot Project Act’’.

6 SEC. 2. FINDINGS.

7 Congress finds that—
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1 (1) effective protection of tidal and nontidal

2 wetlands and waters of the United States is essential

3 to sustain and protect ecosystems, as well as rec4 reational, subsistence, and economic activities de5 pendent on those ecosystems;

6 (2) the effects of increasing occurrences of toxic

7 microorganism outbreaks can adversely affect those

8 ecosystems and their dependent activities;

9 (3) the Corps of Engineers is uniquely qualified

10 to develop and implement engineering solutions to

11 abate the flow of nutrients;

12 (4) because nutrient flow abatement is a new

13 challenge, it is desirable to have the Corps of Engi14 neers conduct a series of pilot projects to test tech15 nologies and refine techniques appropriate to nutri16 ent flow abatement; and

17 (5) since the States of Maryland, North Caro18 lina, and Virginia have recently experienced serious

19 outbreaks of waterborne microorganisms and there

20 is a large store of scientific data about outbreaks in

21 those States, pilot projects in those States can be ef22 fectively evaluated.

23 SEC. 3. DEFINITIONS.

24 In this Act:
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1 (1) SECRETARY.—The term ‘‘Secretary’’ means

2 the Secretary of the Army, acting through the Chief

3 of Engineers.

4 (2) STATE.—The term ‘‘State’’ means Mary5 land, North Carolina, and Virginia.

6 (3) TOXIC MICROORGANISM.—The term ‘‘toxic

7 microorganism’’ means Pfiesteria piscicida and any

8 other potentially harmful aquatic dinoflagellate.

9 SEC. 4. PILOT PROJECTS FOR AQUATIC HABITAT REMEDI10 ATION.

11 (a) IN GENERAL.—Not later than 1 year after the

12 date of enactment of this Act, the Secretary shall evaluate,

13 develop, and implement a pilot project in each State (on

14 a watershed basis) to address and control problems associ15 ated with the degradation of ecosystems and their depend16 ent activities resulting from toxic microorganisms in tidal

17 and nontidal wetlands and waters.

18 (b) REPORT.—Not later than 1 year after the comple19 tion of the pilot project under subsection (a), the Secretary

20 shall submit to Congress a report describing—

21 (1) the pilot project; and

22 (2) the findings of the pilot project, including a

23 description of the relationship between the findings

24 and the applications of the tools and techniques de25 veloped under the pilot project.
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1 (c) FEDERAL AND NON-FEDERAL SHARES.—

2 (1) FEDERAL SHARE.—The Federal share of

3 the cost of evaluating, developing, and implementing

4 a pilot project under subsection (a) shall be 75 per5 cent.

6 (2) NON-FEDERAL SHARE.—The non-Federal

7 share of the cost of evaluating, developing, and im8 plementing a pilot project under subsection (a) shall

9 be provided in the form of—

10 (A) cash;

11 (B) in-kind services;

12 (C) materials; or

13 (D) the value of—

14 (i) land;

15 (ii) easements;

16 (iii) rights-of-way; or

17 (iv) relocations.

18 (d) LOCAL COOPERATION AGREEMENTS.—Subject to

19 subsection (c), in carrying out this section, the Secretary

20 shall enter into local cooperation agreements with non21 Federal entities under which the Secretary shall provide

22 financial assistance to implement actions taken to carry

23 out pilot projects under this section.

24 (e) IMPLEMENTATION.—The Secretary shall carry

25 out this section in cooperation with—
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1 (1) the Secretary of the Interior;

2 (2) the Secretary of Agriculture;

3 (3) the Administrator of the Environmental

4 Protection Agency;

5 (4) the Administrator of the National Oceanic

6 and Atmospheric Administration;

7 (5) the heads of other appropriate Federal,

8 State, and local government agencies; and

9 (6) affected local landowners, businesses, and

10 commercial entities.

11 (e) AUTHORIZATION OF APPROPRIATIONS.—There is

12 authorized to be appropriated to carry out this section

13 $5,000,000.

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