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[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 835 Enrolled Bill (ENR)]

        S.835

                       One Hundred Sixth Congress

                                 of the

                        United States of America

                          AT THE SECOND SESSION

           Begun and held at the City of Washington on Monday,
             the twenty-fourth day of January, two thousand

                                 An Act

 
 To encourage the restoration of estuary habitat through more efficient 
 project financing and enhanced coordination of Federal and non-Federal 
              restoration programs, 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Estuaries and 
Clean Waters Act of 2000''.
    (b) Table of Contents.--

Sec. 1. Short title; table of contents.

                      TITLE I--ESTUARY RESTORATION

Sec. 101. Short title.
Sec. 102. Purposes.
Sec. 103. Definitions.
Sec. 104. Estuary habitat restoration program.
Sec. 105. Establishment of Estuary Habitat Restoration Council.
Sec. 106. Estuary habitat restoration strategy.
Sec. 107. Monitoring of estuary habitat restoration projects.
Sec. 108. Reporting.
Sec. 109. Funding.
Sec. 110. General provisions.

                  TITLE II--CHESAPEAKE BAY RESTORATION

Sec. 201. Short title.
Sec. 202. Findings and purposes.
Sec. 203. Chesapeake Bay.

                   TITLE III--NATIONAL ESTUARY PROGRAM

Sec. 301. Addition to national estuary program.
Sec. 302. Grants.
Sec. 303. Authorization of appropriations.

                 TITLE IV--LONG ISLAND SOUND RESTORATION

Sec. 401. Short title.
Sec. 402. Innovative methodologies and technologies.
Sec. 403. Assistance for distressed communities.
Sec. 404. Authorization of appropriations.

              TITLE V--LAKE PONTCHARTRAIN BASIN RESTORATION

Sec. 501. Short title.
Sec. 502. Lake Pontchartrain basin.

                   TITLE VI--ALTERNATIVE WATER SOURCES

Sec. 601. Short title.
Sec. 602. Pilot program for alternative water source projects.

                         TITLE VII--CLEAN LAKES

Sec. 701. Grants to States.
Sec. 702. Demonstration program.

       TITLE VIII--TIJUANA RIVER VALLEY ESTUARY AND BEACH CLEANUP

Sec. 801. Short title.
Sec. 802. Purpose.
Sec. 803. Definitions.
Sec. 804. Actions to be taken by the Commission and the Administrator.
Sec. 805. Negotiation of new treaty minute.
Sec. 806. Authorization of appropriations.

                      TITLE IX--GENERAL PROVISIONS

Sec. 901. Purchase of American-made equipment and products.
Sec. 902. Long-term estuary assessment.
Sec. 903. Rural sanitation grants.

                      TITLE I--ESTUARY RESTORATION

SEC. 101. SHORT TITLE.

    This title may be cited as the ``Estuary Restoration Act of 2000''.

SEC. 102. PURPOSES.

    The purposes of this title are--
        (1) to promote the restoration of estuary habitat;
        (2) to develop a national estuary habitat restoration strategy 
    for creating and maintaining effective estuary habitat restoration 
    partnerships among public agencies at all levels of government and 
    to establish new partnerships between the public and private 
    sectors;
        (3) to provide Federal assistance for estuary habitat 
    restoration projects and to promote efficient financing of such 
    projects; and
        (4) to develop and enhance monitoring and research capabilities 
    through the use of the environmental technology innovation program 
    associated with the National Estuarine Research Reserve System 
    established by section 315 of the Coastal Zone Management Act of 
    1972 (16 U.S.C. 1461) to ensure that estuary habitat restoration 
    efforts are based on sound scientific understanding and innovative 
    technologies.

SEC. 103. DEFINITIONS.

    In this title, the following definitions apply:
        (1) Council.--The term ``Council'' means the Estuary Habitat 
    Restoration Council established by section 105.
        (2) Estuary.--The term ``estuary'' means a part of a river or 
    stream or other body of water that has an unimpaired connection 
    with the open sea and where the sea water is measurably diluted 
    with fresh water derived from land drainage. The term also includes 
    near coastal waters and wetlands of the Great Lakes that are 
    similar in form and function to estuaries, including the area 
    located in the Great Lakes biogeographic region and designated as a 
    National Estuarine Research Reserve under the Coastal Zone 
    Management Act of 1972 (16 U.S.C. 1451 et seq.) as of the date of 
    enactment of this Act.
        (3) Estuary habitat.--The term ``estuary habitat'' means the 
    physical, biological, and chemical elements associated with an 
    estuary, including the complex of physical and hydrologic features 
    and living organisms within the estuary and associated ecosystems.
        (4) Estuary habitat restoration activity.--
            (A) In general.--The term ``estuary habitat restoration 
        activity'' means an activity that results in improving degraded 
        estuaries or estuary habitat or creating estuary habitat 
        (including both physical and functional restoration), with the 
        goal of attaining a self-sustaining system integrated into the 
        surrounding landscape.
            (B) Included activities.--The term ``estuary habitat 
        restoration activity'' includes--
                (i) the reestablishment of chemical, physical, 
            hydrologic, and biological features and components 
            associated with an estuary;
                (ii) except as provided in subparagraph (C), the 
            cleanup of pollution for the benefit of estuary habitat;
                (iii) the control of nonnative and invasive species in 
            the estuary;
                (iv) the reintroduction of species native to the 
            estuary, including through such means as planting or 
            promoting natural succession;
                (v) the construction of reefs to promote fish and 
            shellfish production and to provide estuary habitat for 
            living resources; and
                (vi) other activities that improve estuary habitat.
            (C) Excluded activities.--The term ``estuary habitat 
        restoration activity'' does not include an activity that--
                (i) constitutes mitigation required under any Federal 
            or State law for the adverse effects of an activity 
            regulated or otherwise governed by Federal or State law; or
                (ii) constitutes restoration for natural resource 
            damages required under any Federal or State law.
        (5) Estuary habitat restoration project.--The term ``estuary 
    habitat restoration project'' means a project to carry out an 
    estuary habitat restoration activity.
        (6) Estuary habitat restoration plan.--
            (A) In general.--The term ``estuary habitat restoration 
        plan'' means any Federal or State plan for restoration of 
        degraded estuary habitat that was developed with the 
        substantial participation of appropriate public and private 
        stakeholders.
            (B) Included plans and programs.--The term ``estuary 
        habitat restoration plan'' includes estuary habitat restoration 
        components of--
                (i) a comprehensive conservation and management plan 
            approved under section 320 of the Federal Water Pollution 
            Control Act (33 U.S.C. 1330);
                (ii) a lakewide management plan or remedial action plan 
            developed under section 118 of the Federal Water Pollution 
            Control Act (33 U.S.C. 1268);
                (iii) a management plan approved under the Coastal Zone 
            Management Act of 1972 (16 U.S.C. 1451 et seq.); and
                (iv) the interstate management plan developed pursuant 
            to the Chesapeake Bay program under section 117 of the 
            Federal Water Pollution Control Act (33 U.S.C. 1267).
        (7) Indian tribe.--The term ``Indian tribe'' has the meaning 
    given such term by section 4 of the Indian Self-Determination and 
    Education Assistance Act (25 U.S.C. 450b).
        (8) Non-federal interest.--The term ``non-Federal interest'' 
    means a State, a political subdivision of a State, an Indian tribe, 
    a regional or interstate agency, or, as provided in section 
    104(f)(2), a nongovernmental organization.
        (9) Secretary.--The term ``Secretary'' means the Secretary of 
    the Army.
        (10) State.--The term ``State'' means the States of Alabama, 
    Alaska, California, Connecticut, Delaware, Florida, Georgia, 
    Hawaii, Illinois, Indiana, Louisiana, Maine, Maryland, 
    Massachusetts, Michigan, Minnesota, Mississippi, New Hampshire, New 
    Jersey, New York, North Carolina, Ohio, Oregon, Pennsylvania, Rhode 
    Island, South Carolina, Texas, Virginia, Washington, and Wisconsin, 
    the District of Columbia, the Commonwealth of Puerto Rico, the 
    Commonwealth of the Northern Mariana Islands, the United States 
    Virgin Islands, American Samoa, and Guam.

SEC. 104. ESTUARY HABITAT RESTORATION PROGRAM.

    (a) Establishment.--There is established an estuary habitat 
restoration program under which the Secretary may carry out estuary 
habitat restoration projects and provide technical assistance in 
accordance with the requirements of this title.
    (b) Origin of Projects.--A proposed estuary habitat restoration 
project shall originate from a non-Federal interest consistent with 
State or local laws.
    (c) Selection of Projects.--
        (1) In general.--The Secretary shall select estuary habitat 
    restoration projects from a list of project proposals submitted by 
    the Estuary Habitat Restoration Council under section 105(b).
        (2) Required elements.--Each estuary habitat restoration 
    project selected by the Secretary must--
            (A) address restoration needs identified in an estuary 
        habitat restoration plan;
            (B) be consistent with the estuary habitat restoration 
        strategy developed under section 106;
            (C) include a monitoring plan that is consistent with 
        standards for monitoring developed under section 107 to ensure 
        that short-term and long-term restoration goals are achieved; 
        and
            (D) include satisfactory assurance from the non-Federal 
        interests proposing the project that the non-Federal interests 
        will have adequate personnel, funding, and authority to carry 
        out items of local cooperation and properly maintain the 
        project.
        (3) Factors for selection of projects.--In selecting an estuary 
    habitat restoration project, the Secretary shall consider the 
    following factors:
            (A) Whether the project is part of an approved Federal 
        estuary management or habitat restoration plan.
            (B) The technical feasibility of the project.
            (C) The scientific merit of the project.
            (D) Whether the project will encourage increased 
        coordination and cooperation among Federal, State, and local 
        government agencies.
            (E) Whether the project fosters public-private partnerships 
        and uses Federal resources to encourage increased private 
        sector involvement, including consideration of the amount of 
        private funds or in-kind contributions for an estuary habitat 
        restoration activity.
            (F) Whether the project is cost-effective.
            (G) Whether the State in which the non-Federal interest is 
        proposing the project has a dedicated source of funding to 
        acquire or restore estuary habitat, natural areas, and open 
        spaces for the benefit of estuary habitat restoration or 
        protection.
            (H) Other factors that the Secretary determines to be 
        reasonable and necessary for consideration.
        (4) Priority.--In selecting estuary habitat restoration 
    projects to be carried out under this title, the Secretary shall 
    give priority consideration to a project if, in addition to 
    meriting selection based on the factors under paragraph (3)--
            (A) the project occurs within a watershed in which there is 
        a program being carried out that addresses sources of pollution 
        and other activities that otherwise would re-impair the 
        restored habitat; or
            (B) the project includes pilot testing of or a 
        demonstration of an innovative technology having the potential 
        for improved cost-effectiveness in estuary habitat restoration.
    (d) Cost Sharing.--
        (1) Federal share.--Except as provided in paragraph (2) and 
    subsection (e)(2), the Federal share of the cost of an estuary 
    habitat restoration project (other than the cost of operation and 
    maintenance of the project) carried out under this title shall not 
    exceed 65 percent of such cost.
        (2) Innovative technology costs.--The Federal share of the 
    incremental additional cost of including in a project pilot testing 
    of or a demonstration of an innovative technology described in 
    subsection (c)(4)(B) shall be 85 percent.
        (3) Non-federal share.--The non-Federal share of the cost of an 
    estuary habitat restoration project carried out under this title 
    shall include lands, easements, rights-of-way, and relocations and 
    may include services, or any other form of in-kind contribution 
    determined by the Secretary to be an appropriate contribution 
    equivalent to the monetary amount required for the non-Federal 
    share of the activity.
        (4) Operation and maintenance.--The non-Federal interests shall 
    be responsible for all costs associated with operating, 
    maintaining, replacing, repairing, and rehabilitating all projects 
    carried out under this section.
    (e) Interim Actions.--
        (1) In general.--Pending completion of the estuary habitat 
    restoration strategy to be developed under section 106, the 
    Secretary may take interim actions to carry out an estuary habitat 
    restoration activity.
        (2) Federal share.--The Federal share of the cost of an estuary 
    habitat restoration activity before the completion of the estuary 
    habitat restoration strategy shall not exceed 25 percent of such 
    cost.
    (f) Cooperation of Non-Federal Interests.--
        (1) In general.--The Secretary may not carry out an estuary 
    habitat restoration project until a non-Federal interest has 
    entered into a written agreement with the Secretary in which the 
    non-Federal interest agrees to--
            (A) provide all lands, easements, rights-of-way, and 
        relocations and any other elements the Secretary determines 
        appropriate under subsection (d)(3); and
            (B) provide for maintenance and monitoring of the project.
        (2) Nongovernmental organizations.--Notwithstanding section 
    221(b) of the Flood Control Act of 1970 (42 U.S.C. 1962d-5b(b)), 
    for any project to be undertaken under this title, the Secretary, 
    in consultation and coordination with appropriate State and local 
    governmental agencies and Indian tribes, may allow a 
    nongovernmental organization to serve as the non-Federal interest 
    for the project.
    (g) Delegation of Project Implementation.--In carrying out this 
title, the Secretary may delegate project implementation to another 
Federal department or agency on a reimbursable basis if the Secretary, 
upon the recommendation of the Council, determines such delegation is 
appropriate.
    SEC. 105. ESTABLISHMENT OF ESTUARY HABITAT RESTORATION COUNCIL.
    (a) Council.--There is established a council to be known as the 
``Estuary Habitat Restoration Council''.
    (b) Duties.--The Council shall be responsible for--
        (1) soliciting, reviewing, and evaluating project proposals and 
    developing recommendations concerning such proposals based on the 
    factors specified in section 104(c)(3);
        (2) submitting to the Secretary a list of recommended projects, 
    including a recommended priority order and any recommendation as to 
    whether a project should be carried out by the Secretary or by 
    another Federal department or agency under section 104(g);
        (3) developing and transmitting to Congress a national strategy 
    for restoration of estuary habitat;
        (4) periodically reviewing the effectiveness of the national 
    strategy in meeting the purposes of this title and, as necessary, 
    updating the national strategy; and
        (5) providing advice on the development of the database, 
    monitoring standards, and report required under sections 107 and 
    108.
    (c) Membership.--The Council shall be composed of the following 
members:
        (1) The Secretary (or the Secretary's designee).
        (2) The Under Secretary for Oceans and Atmosphere of the 
    Department of Commerce (or the Under Secretary's designee).
        (3) The Administrator of the Environmental Protection Agency 
    (or the Administrator's designee).
        (4) The Secretary of the Interior, acting through the Director 
    of the United States Fish and Wildlife Service (or such Secretary's 
    designee).
        (5) The Secretary of Agriculture (or such Secretary's 
    designee).
        (6) The head of any other Federal agency designated by the 
    President to serve as an ex officio member of the Council.
    (d) Prohibition of Compensation.--Members of the Council may not 
receive compensation for their service as members of the Council.
    (e) Chairperson.--The chairperson shall be elected by the Council 
from among its members for a 3-year term, except that the first elected 
chairperson may serve a term of fewer than 3 years.
    (f) Convening of Council.--
        (1) First meeting.--The Secretary shall convene the first 
    meeting of the Council not later than 60 days after the date of 
    enactment of this Act for the purpose of electing a chairperson.
        (2) Additional meetings.--The chairperson shall convene 
    additional meetings of the Council as often as appropriate to 
    ensure that this title is fully carried out, but not less often 
    than annually.
    (g) Council Procedures.--The Council shall establish procedures for 
voting, the conduct of meetings, and other matters, as necessary.
    (h) Public Participation.--Meetings of the Council shall be open to 
the public. The Council shall provide notice to the public of such 
meetings.
    (i) Advice.--The Council shall consult with persons with recognized 
scientific expertise in estuary or estuary habitat restoration, 
representatives of State agencies, local or regional government 
agencies, and nongovernmental organizations with expertise in estuary 
or estuary habitat restoration, and representatives of Indian tribes, 
agricultural interests, fishing interests, and other estuary users--
        (1) to assist the Council in the development of the estuary 
    habitat restoration strategy to be developed under section 106; and
        (2) to provide advice and recommendations to the Council on 
    proposed estuary habitat restoration projects, including advice on 
    the scientific merit, technical merit, and feasibility of a 
    project.

SEC. 106. ESTUARY HABITAT RESTORATION STRATEGY.

    (a) In General.--Not later than 1 year after the date of enactment 
of this Act, the Council, shall develop an estuary habitat restoration 
strategy designed to ensure a comprehensive approach to maximize 
benefits derived from estuary habitat restoration projects and to 
foster the coordination of Federal and non-Federal activities related 
to restoration of estuary habitat.
    (b) Goal.--The goal of the strategy shall be the restoration of 
1,000,000 acres of estuary habitat by the year 2010.
    (c) Integration of Estuary Habitat Restoration Plans, Programs, and 
Partnerships.--In developing the estuary habitat restoration strategy, 
the Council shall--
        (1) conduct a review of estuary management or habitat 
    restoration plans and Federal programs established under other laws 
    that authorize funding for estuary habitat restoration activities; 
    and
        (2) ensure that the estuary habitat restoration strategy is 
    developed in a manner that is consistent with the estuary 
    management or habitat restoration plans.
    (d) Elements of the Strategy.--The estuary habitat restoration 
strategy shall include proposals, methods, and guidance on--
        (1) maximizing the incentives for the creation of new public-
    private partnerships to carry out estuary habitat restoration 
    projects and the use of Federal resources to encourage increased 
    private sector involvement in estuary habitat restoration 
    activities;
        (2) ensuring that the estuary habitat restoration strategy will 
    be implemented in a manner that is consistent with the estuary 
    management or habitat restoration plans;
        (3) promoting estuary habitat restoration projects to--
            (A) provide healthy ecosystems in order to support--
                (i) wildlife, including endangered and threatened 
            species, migratory birds, and resident species of an 
            estuary watershed; and
                (ii) fish and shellfish, including commercial and 
            recreational fisheries;
            (B) improve surface and ground water quality and quantity, 
        and flood control;
            (C) provide outdoor recreation; and
            (D) address other areas of concern that the Council 
        determines to be appropriate for consideration;
        (4) addressing the estimated historic losses, estimated current 
    rate of loss, and extent of the threat of future loss or 
    degradation of each type of estuary habitat;
        (5) measuring the rate of change for each type of estuary 
    habitat;
        (6) selecting a balance of smaller and larger estuary habitat 
    restoration projects; and
        (7) ensuring equitable geographic distribution of projects 
    funded under this title.
    (e) Public Review and Comment.--Before the Council adopts a final 
or revised estuary habitat restoration strategy, the Secretary shall 
publish in the Federal Register a draft of the estuary habitat 
restoration strategy and provide an opportunity for public review and 
comment.
    (f) Periodic Revision.--Using data and information developed 
through project monitoring and management, and other relevant 
information, the Council may periodically review and update, as 
necessary, the estuary habitat restoration strategy.
    SEC. 107. MONITORING OF ESTUARY HABITAT RESTORATION PROJECTS.
    (a) Under Secretary.--In this section, the term ``Under Secretary'' 
means the Under Secretary for Oceans and Atmosphere of the Department 
of Commerce.
    (b) Database of Restoration Project Information.--The Under 
Secretary, in consultation with the Council, shall develop and maintain 
an appropriate database of information concerning estuary habitat 
restoration projects carried out under this title, including 
information on project techniques, project completion, monitoring data, 
and other relevant information.
    (c) Monitoring Data Standards.--The Under Secretary, in 
consultation with the Council, shall develop standard data formats for 
monitoring projects, along with requirements for types of data 
collected and frequency of monitoring.
    (d) Coordination of Data.--The Under Secretary shall compile 
information that pertains to estuary habitat restoration projects from 
other Federal, State, and local sources and that meets the quality 
control requirements and data standards established under this section.
    (e) Use of Existing Programs.--The Under Secretary shall use 
existing programs within the National Oceanic and Atmospheric 
Administration to create and maintain the database required under this 
section.
    (f) Public Availability.--The Under Secretary shall make the 
information collected and maintained under this section available to 
the public.

SEC. 108. REPORTING.

    (a) In General.--At the end of the third and fifth fiscal years 
following the date of enactment of this Act, the Secretary, after 
considering the advice and recommendations of the Council, shall 
transmit to Congress a report on the results of activities carried out 
under this title.
    (b) Contents of Report.--A report under subsection (a) shall 
include--
        (1) data on the number of acres of estuary habitat restored 
    under this title, including descriptions of, and partners involved 
    with, projects selected, in progress, and completed under this 
    title that comprise those acres;
        (2) information from the database established under section 
    107(b) related to ongoing monitoring of projects to ensure that 
    short-term and long-term restoration goals are achieved;
        (3) an estimate of the long-term success of varying restoration 
    techniques used in carrying out estuary habitat restoration 
    projects;
        (4) a review of how the information described in paragraphs (1) 
    through (3) has been incorporated in the selection and 
    implementation of estuary habitat restoration projects;
        (5) a review of efforts made to maintain an appropriate 
    database of restoration projects carried out under this title; and
        (6) a review of the measures taken to provide the information 
    described in paragraphs (1) through (3) to persons with 
    responsibility for assisting in the restoration of estuary habitat.

SEC. 109. FUNDING.

    (a) Authorization of Appropriations.--
        (1) Estuary habitat restoration projects.--There is authorized 
    to be appropriated to the Secretary for carrying out and providing 
    technical assistance for estuary habitat restoration projects--
            (A) $40,000,000 for fiscal year 2001;
            (B) $50,000,000 for each of fiscal years 2002 and 2003;
            (C) $60,000,000 for fiscal year 2004; and
            (D) $75,000,000 for fiscal year 2005.
    Such sums shall remain available until expended.
        (2) Monitoring.--There is authorized to be appropriated to the 
    Under Secretary for Oceans and Atmosphere of the Department of 
    Commerce for the acquisition, maintenance, and management of 
    monitoring data on restoration projects carried out under this 
    title, $1,500,000 for each of fiscal years 2001 through 2005. Such 
    sums shall remain available until expended.
    (b) Set-Aside for Administrative Expenses of the Council.--Not to 
exceed 3 percent of the amounts appropriated for a fiscal year under 
subsection (a)(1) or $1,500,000, whichever is greater, may be used by 
the Secretary for administration and operation of the Council.

SEC. 110. GENERAL PROVISIONS.

    (a) Agency Consultation and Coordination.--In carrying out this 
title, the Secretary shall, as necessary, consult with, cooperate with, 
and coordinate its activities with the activities of other Federal 
departments and agencies.
    (b) Cooperative Agreements; Memoranda of Understanding.--In 
carrying out this title, the Secretary may--
        (1) enter into cooperative agreements with Federal, State, and 
    local government agencies and other entities; and
        (2) execute such memoranda of understanding as are necessary to 
    reflect the agreements.
    (c) Federal Agency Facilities and Personnel.--Federal agencies may 
cooperate in carrying out scientific and other programs necessary to 
carry out this title, and may provide facilities and personnel, for the 
purpose of assisting the Council in carrying out its duties under this 
title.
    (d) Identification and Mapping of Dredged Material Disposal 
Sites.--In consultation with appropriate Federal and non-Federal public 
entities, the Secretary shall undertake, and update as warranted by 
changed conditions, surveys to identify and map sites appropriate for 
beneficial uses of dredged material for the protection, restoration, 
and creation of aquatic and ecologically related habitats, including 
wetlands, in order to further the purposes of this title.
    (e) Study of Bioremediation Technology.--
        (1) In general.--Not later than 180 days after the date of 
    enactment of this Act, the Administrator of the Environmental 
    Protection Agency, with the participation of the estuarine 
    scientific community, shall begin a 2-year study on the efficacy of 
    bioremediation products.
        (2) Requirements.--The study shall--
            (A) evaluate and assess bioremediation technology--
                (i) on low-level petroleum hydrocarbon contamination 
            from recreational boat bilges;
                (ii) on low-level petroleum hydrocarbon contamination 
            from stormwater discharges;
                (iii) on nonpoint petroleum hydrocarbon discharges; and
                (iv) as a first response tool for petroleum hydrocarbon 
            spills; and
            (B) recommend management actions to optimize the return of 
        a healthy and balanced ecosystem and make improvements in the 
        quality and character of estuarine waters.

                  TITLE II--CHESAPEAKE BAY RESTORATION

SEC. 201. SHORT TITLE.

    This title may be cited as the ``Chesapeake Bay Restoration Act of 
2000''.

SEC. 202. 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 title 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. 203. CHESAPEAKE BAY.

    Section 117 of the Federal Water Pollution Control Act (33 U.S.C. 
1267) is amended to read as follows:

``SEC. 117. CHESAPEAKE BAY.

    ``(a) Definitions.--In this section, the following definitions 
apply:
        ``(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; and
            ``(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 a 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.--A 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, creation, 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, creation, 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, including the creation, 
            restoration, protection, or enhancement of habitat 
            associated with the Chesapeake Bay ecosystem.
    ``(h) Study of Chesapeake Bay Program.--
        ``(1) In general.--Not later than April 22, 2003, 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) compare the current state of the Chesapeake Bay 
        ecosystem with its state in 1975, 1985, and 1995;
            ``(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 $40,000,000 for each of fiscal 
years 2001 through 2005. Such sums shall remain available until 
expended.''.

                  TITLE III--NATIONAL ESTUARY PROGRAM.

SEC. 301. ADDITION TO NATIONAL ESTUARY PROGRAM.

    Section 320(a)(2)(B) of the Federal Water Pollution Control Act (33 
U.S.C. 1330(a)(2)(B)) is amended by inserting ``Lake Pontchartrain 
Basin, Louisiana and Mississippi;'' before ``and Peconic Bay, New 
York.''.

SEC. 302. GRANTS.

    Section 320(g) of the Federal Water Pollution Control Act (33 
U.S.C. 1330(g)) is amended by striking paragraphs (2) and (3) and 
inserting the following:
        ``(2) Purposes.--Grants under this subsection shall be made to 
    pay for activities necessary for the development and implementation 
    of a comprehensive conservation and management plan under this 
    section.
        ``(3) Federal share.--The Federal share of a grant to any 
    person (including a State, interstate, or regional agency or 
    entity) under this subsection for a fiscal year--
            ``(A) shall not exceed--
                ``(i) 75 percent of the annual aggregate costs of the 
            development of a comprehensive conservation and management 
            plan; and
                ``(ii) 50 percent of the annual aggregate costs of the 
            implementation of the plan; and
            ``(B) shall be made on condition that the non-Federal share 
        of the costs are provided from non-Federal sources.''.

SEC. 303. AUTHORIZATION OF APPROPRIATIONS.

    Section 320(i) of the Federal Water Pollution Control Act (33 
U.S.C. 1330(i)) is amended by striking ``$12,000,000 per fiscal year 
for each of fiscal years 1987, 1988, 1989, 1990, and 1991'' and 
inserting ``$35,000,000 for each of fiscal years 2001 through 2005''.

                TITLE IV--LONG ISLAND SOUND RESTORATION

SEC. 401. SHORT TITLE.

    This title may be cited as the ``Long Island Sound Restoration 
Act''.

SEC. 402. INNOVATIVE METHODOLOGIES AND TECHNOLOGIES.

    Section 119(c)(1) of the Federal Water Pollution Control Act (33 
U.S.C. 1269(c)(1)) is amended by inserting ``, including efforts to 
establish, within the process for granting watershed general permits, a 
system for promoting innovative methodologies and technologies that are 
cost-effective and consistent with the goals of the Plan'' before the 
semicolon at the end.

SEC. 403. ASSISTANCE FOR DISTRESSED COMMUNITIES.

    Section 119 of the Federal Water Pollution Control Act (33 U.S.C. 
1269) is amended--
        (1) by redesignating subsection (e) as subsection (f); and
        (2) by inserting after subsection (d) the following:
    ``(e) Assistance to Distressed Communities.--
        ``(1) Eligible communities.--For the purposes of this 
    subsection, a distressed community is any community that meets 
    affordability criteria established by the State in which the 
    community is located, if such criteria are developed after public 
    review and comment.
        ``(2) Priority.--In making assistance available under this 
    section for the upgrading of wastewater treatment facilities, the 
    Administrator may give priority to a distressed community.''.

SEC. 404. AUTHORIZATION OF APPROPRIATIONS.

    Section 119(f) of the Federal Water Pollution Control Act (as 
redesignated by section 403 of this Act) is amended--
        (1) in paragraph (1) by striking ``1991 through 2001'' and 
    inserting ``2001 through 2005''; and
        (2) in paragraph (2) by striking ``not to exceed $3,000,000 for 
    each of the fiscal years 1991 through 2001'' and inserting ``not to 
    exceed $40,000,000 for each of fiscal years 2001 through 2005''.

             TITLE V--LAKE PONTCHARTRAIN BASIN RESTORATION

SEC. 501. SHORT TITLE.

    This title may be cited as the ``Lake Pontchartrain Basin 
Restoration Act of 2000''.

SEC. 502. LAKE PONTCHARTRAIN BASIN.

    Title I of the Federal Water Pollution Control Act (33 U.S.C. 1251 
et seq.) is amended by adding at the end the following:

``SEC. 121. LAKE PONTCHARTRAIN BASIN.

    ``(a) Establishment of Restoration Program.--The Administrator 
shall establish within the Environmental Protection Agency the Lake 
Pontchartrain Basin Restoration Program.
    ``(b) Purpose.--The purpose of the program shall be to restore the 
ecological health of the Basin by developing and funding restoration 
projects and related scientific and public education projects.
    ``(c) Duties.--In carrying out the program, the Administrator 
shall--
        ``(1) provide administrative and technical assistance to a 
    management conference convened for the Basin under section 320;
        ``(2) assist and support the activities of the management 
    conference, including the implementation of recommendations of the 
    management conference;
        ``(3) support environmental monitoring of the Basin and 
    research to provide necessary technical and scientific information;
        ``(4) develop a comprehensive research plan to address the 
    technical needs of the program;
        ``(5) coordinate the grant, research, and planning programs 
    authorized under this section; and
        ``(6) collect and make available to the public publications, 
    and other forms of information the management conference determines 
    to be appropriate, relating to the environmental quality of the 
    Basin.
    ``(d) Grants.--The Administrator may make grants--
        ``(1) for restoration projects and studies recommended by a 
    management conference convened for the Basin under section 320; and
        ``(2) for public education projects recommended by the 
    management conference.
    ``(e) Definitions.--In this section, the following definitions 
apply:
        ``(1) Basin.--The term `Basin' means the Lake Pontchartrain 
    Basin, a 5,000 square mile watershed encompassing 16 parishes in 
    the State of Louisiana and 4 counties in the State of Mississippi.
        ``(2) Program.--The term `program' means the Lake Pontchartrain 
    Basin Restoration Program established under subsection (a).
    ``(f) Authorization of Appropriations.--
        ``(1) In general.--There is authorized to be appropriated to 
    carry out this section $20,000,000 for each of fiscal years 2001 
    through 2005. Such sums shall remain available until expended.
        ``(2) Public education projects.--Not more than 15 percent of 
    the amount appropriated pursuant to paragraph (1) in a fiscal year 
    may be expended on grants for public education projects under 
    subsection (d)(2).''.

                  TITLE VI--ALTERNATIVE WATER SOURCES

SEC. 601. SHORT TITLE.

    This title may be cited as the ``Alternative Water Sources Act of 
2000''.
    SEC. 602. PILOT PROGRAM FOR ALTERNATIVE WATER SOURCE PROJECTS.
    Title II of the Federal Water Pollution Control Act (33 U.S.C. 1281 
et seq.) is amended by adding at the end the following:

``SEC. 220. PILOT PROGRAM FOR ALTERNATIVE WATER SOURCE PROJECTS.

    ``(a) Policy.--Nothing in this section shall be construed to affect 
the application of section 101(g) of this Act and all of the provisions 
of this section shall be carried out in accordance with the provisions 
of section 101(g).
    ``(b) In General.--The Administrator may establish a pilot program 
to make grants to State, interstate, and intrastate water resource 
development agencies (including water management districts and water 
supply authorities), local government agencies, private utilities, and 
nonprofit entities for alternative water source projects to meet 
critical water supply needs.
    ``(c) Eligible Entity.--The Administrator may make grants under 
this section to an entity only if the entity has authority under State 
law to develop or provide water for municipal, industrial, and 
agricultural uses in an area of the State that is experiencing critical 
water supply needs.
    ``(d) Selection of Projects.--
        ``(1) Limitation.--A project that has received funds under the 
    reclamation and reuse program conducted under the Reclamation 
    Projects Authorization and Adjustment Act of 1992 (43 U.S.C. 390h 
    et seq.) shall not be eligible for grant assistance under this 
    section.
        ``(2) Additional consideration.--In making grants under this 
    section, the Administrator shall consider whether the project is 
    located within the boundaries of a State or area referred to in 
    section 1 of the Reclamation Act of June 17, 1902 (32 Stat. 385), 
    and within the geographic scope of the reclamation and reuse 
    program conducted under the Reclamation Projects Authorization and 
    Adjustment Act of 1992 (43 U.S.C. 390h et seq.).
        ``(3) Geographical distribution.--Alternative water source 
    projects selected by the Administrator under this section shall 
    reflect a variety of geographical and environmental conditions.
    ``(e) Committee Resolution Procedure.--
        ``(1) In general.--No appropriation shall be made for any 
    alternative water source project under this section, the total 
    Federal cost of which exceeds $3,000,000, if such project has not 
    been approved by a resolution adopted by the Committee on 
    Transportation and Infrastructure of the House of Representatives 
    or the Committee on Environment and Public Works of the Senate.
        ``(2) Requirements for securing consideration.--For purposes of 
    securing consideration of approval under paragraph (1), the 
    Administrator shall provide to a committee referred to in paragraph 
    (1) such information as the committee requests and the non-Federal 
    sponsor shall provide to the committee information on the costs and 
    relative needs for the alternative water source project.
    ``(f) Uses of Grants.--Amounts from grants received under this 
section may be used for engineering, design, construction, and final 
testing of alternative water source projects designed to meet critical 
water supply needs. Such amounts may not be used for planning, 
feasibility studies or for operation, maintenance, replacement, repair, 
or rehabilitation.
    ``(g) Cost Sharing.--The Federal share of the eligible costs of an 
alternative water source project carried out using assistance made 
available under this section shall not exceed 50 percent.
    ``(h) Reports.--On or before September 30, 2004, the Administrator 
shall transmit to Congress a report on the results of the pilot program 
established under this section, including progress made toward meeting 
the critical water supply needs of the participants in the pilot 
program.
    ``(i) Definitions.--In this section, the following definitions 
apply:
        ``(1) Alternative water source project.--The term `alternative 
    water source project' means a project designed to provide 
    municipal, industrial, and agricultural water supplies in an 
    environmentally sustainable manner by conserving, managing, 
    reclaiming, or reusing water or wastewater or by treating 
    wastewater. Such term does not include water treatment or 
    distribution facilities.
        ``(2) Critical water supply needs.--The term `critical water 
    supply needs' means existing or reasonably anticipated future water 
    supply needs that cannot be met by existing water supplies, as 
    identified in a comprehensive statewide or regional water supply 
    plan or assessment projected over a planning period of at least 20 
    years.
    ``(j) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section a total of $75,000,000 for 
fiscal years 2002 through 2004. Such sums shall remain available until 
expended.''.

                         TITLE VII--CLEAN LAKES

SEC. 701. GRANTS TO STATES.

    Section 314(c)(2) of the Federal Water Pollution Control Act (33 
U.S.C. 1324(c)(2)) is amended by striking ``$50,000,000'' the first 
place it appears and all that follows through ``1990'' and inserting 
``$50,000,000 for each of fiscal years 2001 through 2005''.

SEC. 702. DEMONSTRATION PROGRAM.

    Section 314(d) of the Federal Water Pollution Control Act (33 
U.S.C. 1324(d)) is amended--
        (1) in paragraph (2) by inserting ``Otsego Lake, New York; 
    Oneida Lake, New York; Raystown Lake, Pennsylvania; Swan Lake, 
    Itasca County, Minnesota; Walker Lake, Nevada; Lake Tahoe, 
    California and Nevada; Ten Mile Lakes, Oregon; Woahink Lake, 
    Oregon; Highland Lake, Connecticut; Lily Lake, New Jersey; 
    Strawbridge Lake, New Jersey; Baboosic Lake, New Hampshire; French 
    Pond, New Hampshire; Dillon Reservoir, Ohio; Tohopekaliga Lake, 
    Florida; Lake Apopka, Florida; Lake George, New York; Lake 
    Wallenpaupack, Pennsylvania; Lake Allatoona, Georgia;'' after 
    ``Sauk Lake, Minnesota;'';
        (2) in paragraph (3) by striking ``By'' and inserting 
    ``Notwithstanding section 3003 of the Federal Reports Elimination 
    and Sunset Act of 1995 (31 U.S.C. 1113 note; 109 Stat. 734-736), 
    by''; and
        (3) in paragraph (4)(B)(i) by striking ``$15,000,000'' and 
    inserting ``$25,000,000''.

       TITLE VIII--TIJUANA RIVER VALLEY ESTUARY AND BEACH CLEANUP

SEC. 801. SHORT TITLE.

    This title may be cited as the ``Tijuana River Valley Estuary and 
Beach Sewage Cleanup Act of 2000''.

SEC. 802. PURPOSE.

    The purpose of this title is to authorize the United States to take 
actions to address comprehensively the treatment of sewage emanating 
from the Tijuana River area, Mexico, that flows untreated or partially 
treated into the United States causing significant adverse public 
health and environmental impacts.

SEC. 803. DEFINITIONS.

    In this title, the following definitions apply:
        (1) Administrator.--The term ``Administrator'' means the 
    Administrator of the Environmental Protection Agency.
        (2) Commission.--The term ``Commission'' means the United 
    States section of the International Boundary and Water Commission, 
    United States and Mexico.
        (3) IWTP.--The term ``IWTP'' means the South Bay International 
    Wastewater Treatment Plant constructed under the provisions of the 
    Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), 
    section 510 of the Water Quality Act of 1987 (101 Stat. 80-82), and 
    Treaty Minutes to the Treaty for the Utilization of Waters of the 
    Colorado and Tijuana Rivers and of the Rio Grande, dated February 
    3, 1944.
        (4) Secondary treatment.--The term ``secondary treatment'' has 
    the meaning such term has under the Federal Water Pollution Control 
    Act and its implementing regulations.
        (5) Secretary.--The term ``Secretary'' means the Secretary of 
    State.
        (6) Mexican facility.--The term ``Mexican facility'' means a 
    proposed public-private wastewater treatment facility to be 
    constructed and operated under this title within Mexico for the 
    purpose of treating sewage flows generated within Mexico, which 
    flows impact the surface waters, health, and safety of the United 
    States and Mexico.
        (7) MGD.--The term ``mgd'' means million gallons per day.
    SEC. 804. ACTIONS TO BE TAKEN BY THE COMMISSION AND THE 
      ADMINISTRATOR.
    (a) Secondary Treatment.--
        (1) In general.--Subject to the negotiation and conclusion of a 
    new Treaty Minute or the amendment of Treaty Minute 283 under 
    section 1005 of this Act, and notwithstanding section 510(b)(2) of 
    the Water Quality Act of 1987 (101 Stat. 81), the Commission is 
    authorized and directed to provide for the secondary treatment of a 
    total of not more than 50 mgd in Mexico--
            (A) of effluent from the IWTP if such treatment is not 
        provided for at a facility in the United States; and
            (B) of additional sewage emanating from the Tijuana River 
        area, Mexico.
        (2) Additional authority.--Subject to the results of the 
    comprehensive plan developed under subsection (b) revealing a need 
    for additional secondary treatment capacity in the San Diego-
    Tijuana border region and recommending the provision of such 
    capacity in Mexico, the Commission may provide not more than an 
    additional 25 mgd of secondary treatment capacity in Mexico for 
    treatment described in paragraph (1).
    (b) Comprehensive Plan.--Not later than 24 months after the date of 
enactment of this Act, the Administrator shall develop a comprehensive 
plan with stakeholder involvement to address the transborder sanitation 
problems in the San Diego-Tijuana border region. The plan shall 
include, at a minimum--
        (1) an analysis of the long-term secondary treatment needs of 
    the region;
        (2) an analysis of upgrades in the sewage collection system 
    serving the Tijuana area, Mexico; and
        (3) an identification of options, and recommendations for 
    preferred options, for additional sewage treatment capacity for 
    future flows emanating from the Tijuana River area, Mexico.
    (c) Contract.--
        (1) In general.--Subject to the availability of appropriations 
    to carry out this subsection and notwithstanding any provision of 
    Federal procurement law, upon conclusion of a new Treaty Minute or 
    the amendment of Treaty Minute 283 under section 5, the Commission 
    may enter into a fee-for-services contract with the owner of a 
    Mexican facility in order to carry out the secondary treatment 
    requirements of subsection (a) and make payments under such 
    contract.
        (2) Terms.--Any contract under this subsection shall provide, 
    at a minimum, for the following:
            (A) Transportation of the advanced primary effluent from 
        the IWTP to the Mexican facility for secondary treatment.
            (B) Treatment of the advanced primary effluent from the 
        IWTP to the secondary treatment level in compliance with water 
        quality laws of the United States, California, and Mexico.
            (C) Return conveyance from the Mexican facility of any such 
        treated effluent that cannot be reused in either Mexico or the 
        United States to the South Bay Ocean Outfall for discharge into 
        the Pacific Ocean in compliance with water quality laws of the 
        United States and California.
            (D) Subject to the requirements of subsection (a), 
        additional sewage treatment capacity that provides for advanced 
        primary and secondary treatment of sewage described in 
        subsection (a)(1)(B) in addition to the capacity required to 
        treat the advanced primary effluent from the IWTP.
            (E) A contract term of 20 years.
            (F) Arrangements for monitoring, verification, and 
        enforcement of compliance with United States, California, and 
        Mexican water quality standards.
            (G) Arrangements for the disposal and use of sludge, 
        produced from the IWTP and the Mexican facility, at a location 
        or locations in Mexico.
            (H) Maintenance by the owner of the Mexican facility at all 
        times throughout the term of the contract of a 20 percent 
        equity position in the capital structure of the Mexican 
        facility.
            (I) Payment of fees by the Commission to the owner of the 
        Mexican facility for sewage treatment services with the annual 
        amount payable to reflect all agreed upon costs associated with 
        the development, financing, construction, operation, and 
        maintenance of the Mexican facility, with such annual payment 
        to maintain the owner's 20 percent equity position throughout 
        the term of the contract.
            (J) Provision for the transfer of ownership of the Mexican 
        facility to the United States, and provision for a cancellation 
        fee by the United States to the owner of the Mexican facility, 
        if the Commission fails to perform its obligations under the 
        contract. The cancellation fee shall be in amounts declining 
        over the term of the contract anticipated to be sufficient to 
        repay construction debt and other amounts due to the owner that 
        remain unamortized due to early termination of the contract.
            (K) Provision for the transfer of ownership of the Mexican 
        facility to the United States, without a cancellation fee, if 
        the owner of the Mexican facility fails to perform the 
        obligations of the owner under the contract.
            (L) The use of competitive procedures, consistent with 
        title III of the Federal Property and Administrative Services 
        Act of 1949 (41 U.S.C. 251 et seq.), by the owner of the 
        Mexican facility in the procurement of property or services for 
        the engineering, construction, and operation and maintenance of 
        the Mexican facility.
            (M) An opportunity for the Commission to review and approve 
        the selection of contractors providing engineering, 
        construction, and operation and maintenance for the Mexican 
        facility.
            (N) The maintenance by the owner of the Mexican facility of 
        all records (including books, documents, papers, reports, and 
        other materials) necessary to demonstrate compliance with the 
        terms of this section and the contract.
            (O) Access by the Inspector General of the Department of 
        State or the designee of the Inspector General for audit and 
        examination of all records maintained pursuant to subparagraph 
        (N) to facilitate the monitoring and evaluation required under 
        subsection (d).
            (P) Offsets or credits against the payments to be made by 
        the Commission under this section to reflect an agreed upon 
        percentage of payments that the owner of the Mexican facility 
        receives through the sale of water treated by the facility.
    (d) Implementation.--
        (1) In general.--The Inspector General of the Department of 
    State shall monitor the implementation of any contract entered into 
    under this section and evaluate the extent to which the owner of 
    the Mexican facility has met the terms of this section and 
    fulfilled the terms of the contract.
        (2) Report.--The Inspector General shall transmit to Congress a 
    report containing the evaluation under paragraph (1) not later than 
    2 years after the execution of any contract with the owner of the 
    Mexican facility under this section, 3 years thereafter, and 
    periodically after the second report under this paragraph.

SEC. 805. NEGOTIATION OF NEW TREATY MINUTE.

    (a) Congressional Statement.--In light of the existing threat to 
the environment and to public health and safety within the United 
States as a result of the river and ocean pollution in the San Diego-
Tijuana border region, the Secretary is requested to give the highest 
priority to the negotiation and execution of a new Treaty Minute, or a 
modification of Treaty Minute 283, consistent with the provisions of 
this title, in order that the other provisions of this title to address 
such pollution may be implemented as soon as possible.
    (b) Negotiation.--
        (1) Initiation.--The Secretary is requested to initiate 
    negotiations with Mexico, within 60 days after the date of 
    enactment of this Act, for a new Treaty Minute or a modification of 
    Treaty Minute 283 consistent with the provisions of this title.
        (2) Implementation.--Implementation of a new Treaty Minute or 
    of a modification of Treaty Minute 283 under this title shall be 
    subject to the provisions of the National Environmental Policy Act 
    of 1969 (42 U.S.C. 4321 et seq.).
        (3) Matters to be addressed.--A new Treaty Minute or a 
    modification of Treaty Minute 283 under paragraph (1) should 
    address, at a minimum, the following:
            (A) The siting of treatment facilities in Mexico and in the 
        United States.
            (B) Provision for the secondary treatment of effluent from 
        the IWTP at a Mexican facility if such treatment is not 
        provided for at a facility in the United States.
            (C) Provision for additional capacity for advanced primary 
        and secondary treatment of additional sewage emanating from the 
        Tijuana River area, Mexico, in addition to the treatment 
        capacity for the advanced primary effluent from the IWTP at the 
        Mexican facility.
            (D) Provision for any and all approvals from Mexican 
        authorities necessary to facilitate water quality verification 
        and enforcement at the Mexican facility.
            (E) Any terms and conditions considered necessary to allow 
        for use in the United States of treated effluent from the 
        Mexican facility, if there is reclaimed water which is surplus 
        to the needs of users in Mexico and such use is consistent with 
        applicable United States and California law.
            (F) Any other terms and conditions considered necessary by 
        the Secretary in order to implement the provisions of this 
        title.

SEC. 806. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated a total of $156,000,000 for 
fiscal years 2001 through 2005 to carry out this title. Such sums shall 
remain available until expended.

                      TITLE IX--GENERAL PROVISIONS

    SEC. 901. PURCHASE OF AMERICAN-MADE EQUIPMENT AND PRODUCTS.
    (a) In General.--It is the sense of Congress that, to the extent 
practicable, all equipment and products purchased with funds made 
available under this Act should be American made.
    (b) Notice to Recipients of Assistance.--The head of each Federal 
Agency providing financial assistance under this Act, to the extent 
practicable, shall provide to each recipient of the assistance a notice 
describing the statement made in subsection (a).

SEC. 902. LONG-TERM ESTUARY ASSESSMENT.

    (a) In General.--The Secretary of Commerce (acting through the 
Under Secretary for Oceans and Atmosphere) and the Secretary of the 
Interior (acting through the Director of the Geological Survey) may 
carry out a long-term estuary assessment project (in this section 
referred to as the ``project'') in accordance with the requirements of 
this section.
    (b) Purpose.--The purpose of the project shall be to establish a 
network of strategic environmental assessment and monitoring projects 
for the Mississippi River south of Vicksburg, Mississippi, and the Gulf 
of Mexico, in order to develop advanced long-term assessment and 
monitoring systems and models relating to the Mississippi River and 
other aquatic ecosystems, including developing equipment and techniques 
necessary to implement the project.
    (c) Management Agreement.--To establish, operate, and implement the 
project, the Secretary of Commerce and the Secretary of the Interior 
may enter into a management agreement with a university-based 
consortium.
    (d) Authorization of Appropriations.--There is authorized to be 
appropriated--
        (1) $1,000,000 for fiscal year 2001 to develop the management 
    agreement under subsection (c); and
        (2) $4,000,000 for each of fiscal years 2002, 2003, 2004, and 
    2005 to carry out the project.
Such sums shall remain available until expended.

SEC. 903. RURAL SANITATION GRANTS.

    Section 303(e) of the Safe Drinking Water Act Amendments of 1996 
(33 U.S.C. 1263a(e)) is amended by striking ``$15,000,000'' and all 
that follows through ``section.'' and inserting the following: ``to 
carry out this section $40,000,000 for each of fiscal years 2001 
through 2005.''.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.
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