```

[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 835 Engrossed in Senate (ES)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
106th CONGRESS
  2d Session
                                 S. 835

_______________________________________________________________________

                                 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 ``Estuary Habitat 
and Chesapeake Bay Restoration Act of 2000''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
                  TITLE I--ESTUARY HABITAT RESTORATION

Sec. 101. Short title.
Sec. 102. Findings.
Sec. 103. Purposes.
Sec. 104. Definitions.
Sec. 105. Establishment of Collaborative Council.
Sec. 106. Duties of Collaborative Council.
Sec. 107. Cost sharing of estuary habitat restoration projects.
Sec. 108. Monitoring and maintenance of estuary habitat restoration 
                            projects.
Sec. 109. Cooperative agreements; memoranda of understanding.
Sec. 110. Distribution of appropriations for estuary habitat 
                            restoration activities.
Sec. 111. Authorization of appropriations.
Sec. 112. National estuary program.
Sec. 113. General provisions.
                  TITLE II--CHESAPEAKE BAY RESTORATION

Sec. 201. Short title.
Sec. 202. Findings and purposes.
Sec. 203. Chesapeake Bay restoration.
                      TITLE III--LONG ISLAND SOUND

Sec. 301. Reauthorization.

                  TITLE I--ESTUARY HABITAT RESTORATION

SEC. 101. SHORT TITLE.

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

SEC. 102. FINDINGS.

    Congress finds that--
            (1) estuaries provide some of the most ecologically and 
        economically productive habitat for an extensive variety of 
        plants, fish, wildlife, and waterfowl;
            (2) the estuaries and coastal regions of the United States 
        are home to one-half the population of the United States and 
        provide essential habitat for 75 percent of the commercial fish 
        and 80 to 90 percent of the recreational fish catches of the 
        United States;
            (3) estuaries are gravely threatened by habitat alteration 
        and loss from pollution, development, and overuse;
            (4) successful restoration of estuaries demands the 
        coordination of Federal, State, and local estuary habitat 
        restoration programs; and
            (5) the Federal, State, local, and private cooperation in 
        estuary habitat restoration activities in existence on the date 
        of enactment of this Act should be strengthened and new public 
        and public-private estuary habitat restoration partnerships 
        established.

SEC. 103. PURPOSES.

    The purposes of this Act are--
            (1) to establish a voluntary program to restore 1,000,000 
        acres of estuary habitat by 2010;
            (2) to ensure coordination of Federal, State, and community 
        estuary habitat restoration programs, plans, and studies;
            (3) to establish effective estuary habitat restoration 
        partnerships among public agencies at all levels of government 
        and between the public and private sectors;
            (4) to promote efficient financing of estuary habitat 
        restoration activities; and
            (5) to develop and enhance monitoring and research 
        capabilities, through 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 restoration efforts are based on sound scientific 
        understanding and innovative technologies.

SEC. 104. DEFINITIONS.

    In this title:
            (1) Collaborative council.--The term ``Collaborative 
        Council'' means the interagency council established by section 
        105.
            (2) Degraded estuary habitat.--The term ``degraded estuary 
        habitat'' means estuary habitat where natural ecological 
        functions have been impaired and normal beneficial uses have 
        been reduced.
            (3) Estuary.--The term ``estuary'' means--
                    (A) a body of water in which fresh water from a 
                river or stream meets and mixes with salt water from 
                the ocean, 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; and
                    (B) the physical, biological, and chemical elements 
                associated with such a body of water.
            (4) Estuary habitat.--
                    (A) In general.--The term ``estuary habitat'' means 
                the complex of physical and hydrologic features and 
                living organisms within estuaries and associated 
                ecosystems.
                    (B) Inclusions.--The term ``estuary habitat'' 
                includes salt and fresh water coastal marshes, coastal 
                forested wetlands and other coastal wetlands, maritime 
                forests, coastal grasslands, tidal flats, natural 
                shoreline areas, shellfish beds, sea grass meadows, 
                kelp beds, river deltas, and river and stream banks 
                under tidal influence.
            (5) Estuary habitat restoration activity.--
                    (A) In general.--The term ``estuary habitat 
                restoration activity'' means an activity that results 
                in improving degraded 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 physical 
                        features and biological and hydrologic 
                        functions;
                            (ii) except as provided in subparagraph 
                        (C)(ii), the cleanup of contamination related 
                        to the restoration of estuary habitat;
                            (iii) the control of non-native and 
                        invasive species;
                            (iv) the reintroduction of native species 
                        through planting or natural succession; and
                            (v) other activities that improve estuary 
                        habitat.
                    (C) Excluded activities.--The term ``estuary 
                habitat restoration activity'' does not include--
                            (i) an act that constitutes mitigation for 
                        the adverse effects of an activity regulated or 
                        otherwise governed by Federal or State law; or
                            (ii) an act that constitutes restitution 
                        for natural resource damages required under any 
                        Federal or State law.
            (6) Estuary habitat restoration project.--The term 
        ``estuary habitat restoration project'' means an estuary 
        habitat restoration activity under consideration or selected by 
        the Collaborative Council, in accordance with this title, to 
        receive financial, technical, or another form of assistance.
            (7) Estuary habitat restoration strategy.--The term 
        ``estuary habitat restoration strategy'' means the estuary 
        habitat restoration strategy developed under section 106(a).
            (8) Federal estuary management or habitat restoration 
        plan.--The term ``Federal estuary management or habitat 
        restoration plan'' means any Federal plan for restoration of 
        degraded estuary habitat that--
                    (A) was developed by a public body with the 
                substantial participation of appropriate public and 
                private stakeholders; and
                    (B) reflects a community-based planning process.
            (9) Secretary.--The term ``Secretary'' means the Secretary 
        of the Army, or a designee.
            (10) Under secretary.--The term ``Under Secretary'' means 
        the Under Secretary for Oceans and Atmosphere of the Department 
        of Commerce, or a designee.

SEC. 105. ESTABLISHMENT OF COLLABORATIVE COUNCIL.

    (a) Collaborative Council.--There is established an interagency 
council to be known as the ``Estuary Habitat Restoration Collaborative 
Council''.
    (b) Membership.--
            (1) In general.--The Collaborative Council shall be 
        composed of the Secretary, the Under Secretary, the 
        Administrator of the Environmental Protection Agency, and the 
        Secretary of the Interior (acting through the Director of the 
        United States Fish and Wildlife Service), or their designees.
            (2) Chairperson; lead agency.--The Secretary, or designee, 
        shall chair the Collaborative Council, and the Department of 
        the Army shall serve as the lead agency.
    (c) Convening of Collaborative Council.--The Secretary shall--
            (1) convene the first meeting of the Collaborative Council 
        not later than 30 days after the date of enactment of this Act; 
        and
            (2) convene additional meetings as often as appropriate to 
        ensure that this title is fully carried out, but not less often 
        than quarterly.
    (d) Collaborative Council Procedures.--
            (1) Quorum.--Three members of the Collaborative Council 
        shall constitute a quorum.
            (2) Voting and meeting procedures.--The Collaborative 
        Council shall establish procedures for voting and the conduct 
        of meetings by the Council.

SEC. 106. DUTIES OF COLLABORATIVE COUNCIL.

    (a) Estuary Habitat Restoration Strategy.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, the Collaborative Council, in 
        consultation with non-Federal participants, including nonprofit 
        sectors, as appropriate, shall develop an estuary habitat 
        restoration strategy designed to ensure a comprehensive 
        approach to the selection and prioritization of estuary habitat 
        restoration projects and the coordination of Federal and non-
        Federal activities related to restoration of estuary habitat.
            (2) Integration of previously authorized estuary habitat 
        restoration plans, programs, and partnerships.--In developing 
        the estuary habitat restoration strategy, the Collaborative 
        Council shall--
                    (A) conduct a review of--
                            (i) Federal estuary management or habitat 
                        restoration plans; and
                            (ii) Federal programs established under 
                        other law that provide funding for estuary 
                        habitat restoration activities;
                    (B) develop a set of proposals for--
                            (i) using programs established under this 
                        Act or any other Act to maximize the incentives 
                        for the creation of new public-private 
                        partnerships to carry out estuary habitat 
                        restoration projects; and
                            (ii) using Federal resources to encourage 
                        increased private sector involvement in estuary 
                        habitat restoration activities; and
                    (C) ensure that the estuary habitat restoration 
                strategy is developed and will be implemented in a 
                manner that is consistent with the findings and 
                requirements of Federal estuary management or habitat 
                restoration plans.
            (3) Elements to be considered.--Consistent with the 
        requirements of this section, the Collaborative Council, in the 
        development of the estuary habitat restoration strategy, shall 
        consider--
                    (A) the contributions of estuary habitat to--
                            (i) wildlife, including endangered and 
                        threatened species, migratory birds, and 
                        resident species of an estuary watershed;
                            (ii) fish and shellfish, including 
                        commercial and sport fisheries;
                            (iii) surface and ground water quality and 
                        quantity, and flood control;
                            (iv) outdoor recreation; and
                            (v) other areas of concern that the 
                        Collaborative Council determines to be 
                        appropriate for consideration;
                    (B) 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; and
                    (C) the most appropriate method for selecting a 
                balance of smaller and larger estuary habitat 
                restoration projects.
            (4) Advice.--The Collaborative Council shall seek advice in 
        restoration of estuary habitat from experts in the private and 
        nonprofit sectors to assist in the development of an estuary 
        habitat restoration strategy.
            (5) Public review and comment.--Before adopting a final 
        estuary habitat restoration strategy, the Collaborative Council 
        shall publish in the Federal Register a draft of the estuary 
        habitat restoration strategy and provide an opportunity for 
        public review and comment.
    (b) Project Applications.--
            (1) In general.--An application for an estuary habitat 
        restoration project shall originate from a non-Federal 
        organization and shall require, when appropriate, the approval 
        of State or local agencies.
            (2) Factors to be taken into account.--In determining the 
        eligibility of an estuary habitat restoration project for 
        financial assistance under this title, the Collaborative 
        Council shall consider the following:
                    (A) Whether the proposed estuary habitat 
                restoration project meets the criteria specified in the 
                estuary habitat restoration strategy.
                    (B) The technical merit and feasibility of the 
                proposed estuary habitat restoration project.
                    (C) Whether the non-Federal persons proposing the 
                estuary habitat restoration project provide 
                satisfactory assurances that they will have adequate 
                personnel, funding, and authority to carry out and 
                properly maintain the estuary habitat restoration 
                project.
                    (D) Whether, in the State in which a proposed 
                estuary habitat restoration project is to be carried 
                out, there is a State dedicated source of funding for 
                programs to acquire or restore estuary habitat, natural 
                areas, and open spaces.
                    (E) Whether the proposed estuary habitat 
                restoration project will encourage the increased 
                coordination and cooperation of Federal, State, and 
                local government agencies.
                    (F) The amount of private funds or in-kind 
                contributions for the estuary habitat restoration 
                project.
                    (G) Whether the proposed habitat restoration 
                project includes a monitoring plan to ensure that 
                short-term and long-term restoration goals are 
                achieved.
                    (H) Other factors that the Collaborative Council 
                determines to be reasonable and necessary for 
                consideration.
            (3) Priority estuary habitat restoration projects.--An 
        estuary habitat restoration project shall be given a higher 
        priority in receipt of funding under this title if, in addition 
        to meeting the selection criteria specified in this section--
                    (A) the estuary habitat restoration project is part 
                of an approved Federal estuary management or habitat 
                restoration plan;
                    (B) the non-Federal share with respect to the 
                estuary habitat restoration project exceeds 50 percent;
                    (C) there is a program within the watershed of the 
                estuary habitat restoration project that addresses 
                sources of water pollution that would otherwise re-
                impair the restored habitat; or
                    (D) the estuary habitat restoration project 
                includes--
                            (i) pilot testing; or
                            (ii) a demonstration of an innovative 
                        technology having potential for improved cost-
                        effectiveness in restoring--
                                    (I) the estuary that is the subject 
                                of the project; or
                                    (II) any other estuary.
    (c) Interim Actions.--
            (1) In general.--Pending completion of the estuary habitat 
        restoration strategy developed under subsection (a), the 
        Collaborative Council may pay the Federal share of the cost of 
        an interim action to carry out an estuary habitat restoration 
        activity.
            (2) Federal share.--The Federal share shall not exceed 25 
        percent.
    (d) Cooperation of Non-Federal Partners.--
            (1) In general.--The Collaborative Council shall not select 
        an estuary habitat restoration project until a non-Federal 
        interest has entered into a written agreement with the 
        Secretary in which it agrees to provide the required non-
        Federal cooperation for the project.
            (2) Nonprofit entities.--Notwithstanding section 221(b) of 
        the Flood Control Act of 1970 (42 U.S.C. 1962d-5b), for any 
        project undertaken under this section, the Secretary may, after 
        coordination with the official responsible for the political 
        jurisdiction in which a project would occur, allow a nonprofit 
        entity to serve as the non-Federal interest.
            (3) Maintenance and monitoring.--A cooperation agreement 
        entered into under paragraph (1) shall provide for maintenance 
        and monitoring of the estuary habitat restoration project to 
        the extent determined necessary by the Collaborative Council.
    (e) Lead Collaborative Council Member.--The Collaborative Council 
shall designate a lead Collaborative Council member for each proposed 
estuary habitat restoration project. The lead Collaborative Council 
member shall have primary responsibility for overseeing and assisting 
others in implementing the proposed project.
    (f) Agency Consultation and Coordination.--In carrying out this 
section, the Collaborative Council shall, as the Collaborative Council 
determines it to be necessary, consult with, cooperate with, and 
coordinate its activities with the activities of other appropriate 
Federal agencies.
    (g) Benefits and Costs of Estuary Habitat Restoration Projects.--
The Collaborative Council shall evaluate the benefits and costs of 
estuary habitat restoration projects in accordance with section 907 of 
the Water Resources Development Act of 1986 (33 U.S.C. 2284).
    (h) Authorization of Appropriations.--There is authorized to be 
appropriated to the Department of the Army for the administration and 
operation of the Collaborative Council $4,000,000 for each of fiscal 
years 2001 through 2005.

SEC. 107. COST SHARING OF ESTUARY HABITAT RESTORATION PROJECTS.

    (a) In General.--No financial assistance in carrying out an estuary 
habitat restoration project shall be available under this title from 
any Federal agency unless the non-Federal applicant for assistance 
demonstrates that the estuary habitat restoration project meets--
            (1) the requirements of this title; and
            (2) any criteria established by the Collaborative Council 
        under this title.
    (b) Federal Share.--The Federal share of the cost of an estuary 
habitat restoration and protection project assisted under this title 
shall be not more than 65 percent.
    (c) Non-Federal Share.--The non-Federal share of the cost of an 
estuary habitat restoration project may be provided in the form of 
land, easements, rights-of-way, services, or any other form of in-kind 
contribution determined by the Collaborative Council to be an 
appropriate contribution equivalent to the monetary amount required for 
the non-Federal share of the estuary habitat restoration project.
    (d) Allocation of Funds by States to Political Subdivisions.--With 
the approval of the Secretary, a State may allocate to any local 
government, area-wide agency designated under section 204 of the 
Demonstration Cities and Metropolitan Development Act of 1966 (42 
U.S.C. 3334), regional agency, or interstate agency, a portion of any 
funds disbursed in accordance with this title for the purpose of 
carrying out an estuary habitat restoration project.
    (e) Innovative Technology Costs.--The Federal share of the 
incremental additional cost of including in a project pilot testing or 
a demonstration of an innovative technology described in section 
106(b)(3)(D) shall be 100 percent.

SEC. 108. MONITORING AND MAINTENANCE OF ESTUARY HABITAT RESTORATION 
              PROJECTS.

    (a) Database of Restoration Project Information.--The Under 
Secretary shall maintain an appropriate database of information 
concerning estuary habitat restoration projects funded under this 
title, including information on project techniques, project completion, 
monitoring data, and other relevant information.
    (b) Report.--
            (1) In general.--The Collaborative Council shall biennially 
        submit a report to the Committee on Environment and Public 
        Works of the Senate and the Committee on Transportation and 
        Infrastructure of the House of Representatives on the results 
        of activities carried out under this title.
            (2) Contents of report.--A report under paragraph (1) shall 
        include--
                    (A) data on the number of acres of estuary habitat 
                restored under this title, including the number of 
                projects approved and completed that comprise those 
                acres;
                    (B) the percentage of restored estuary habitat 
                monitored under a plan to ensure that short-term and 
                long-term restoration goals are achieved;
                    (C) an estimate of the long-term success of varying 
                restoration techniques used in carrying out estuary 
                habitat restoration projects;
                    (D) a review of how the information described in 
                subparagraphs (A) through (C) has been incorporated in 
                the selection and implementation of estuary habitat 
                restoration projects;
                    (E) a review of efforts made to maintain an 
                appropriate database of restoration projects funded 
                under this title; and
                    (F) a review of the measures taken to provide the 
                information described in subparagraphs (A) through (C) 
                to persons with responsibility for assisting in the 
                restoration of estuary habitat.

SEC. 109. COOPERATIVE AGREEMENTS; MEMORANDA OF UNDERSTANDING.

    In carrying out this title, the Collaborative Council may--
            (1) enter into cooperative agreements with Federal, State, 
        and local government agencies and other persons and entities; 
        and
            (2) execute such memoranda of understanding as are 
        necessary to reflect the agreements.

SEC. 110. DISTRIBUTION OF APPROPRIATIONS FOR ESTUARY HABITAT 
              RESTORATION ACTIVITIES.

    The Secretary shall allocate funds made available to carry out this 
title based on the need for the funds and such other factors as are 
determined to be appropriate to carry out this title.

SEC. 111. AUTHORIZATION OF APPROPRIATIONS.

    (a) Authorization of Appropriations Under Other Law.--Funds 
authorized to be appropriated under section 908 of the Water Resources 
Development Act of 1986 (33 U.S.C. 2285) and section 206 of the Water 
Resources Development Act of 1996 (33 U.S.C. 2330) may be used by the 
Secretary in accordance with this title to assist States and other non-
Federal persons in carrying out estuary habitat restoration projects or 
interim actions under section 106(c).
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary to carry out estuary habitat restoration 
activities--
            (1) $40,000,000 for fiscal year 2001;
            (2) $50,000,000 for fiscal year 2002; and
            (3) $75,000,000 for each of fiscal years 2003 through 2005.

SEC. 112. NATIONAL ESTUARY PROGRAM.

    (a) Grants for Comprehensive Conservation and Management Plans.--
Section 320(g)(2) of the Federal Water Pollution Control Act (33 U.S.C. 
1330(g)(2)) is amended by inserting ``and implementation'' after 
``development''.
    (b) Authorization of Appropriations.--Section 320(i) of the Federal 
Water Pollution Control Act (33 U.S.C. 1330(i)) is amended by striking 
``1987'' and all that follows through ``1991'' and inserting the 
following: ``1987 through 1991, such sums as may be necessary for 
fiscal years 1992 through 2000, and $25,000,000 for each of fiscal 
years 2001 and 2002''.

SEC. 113. GENERAL PROVISIONS.

    (a) Additional Authority for Army Corps of Engineers.--The 
Secretary--
            (1) may carry out estuary habitat restoration projects in 
        accordance with this title; and
            (2) shall give estuary habitat restoration projects the 
        same consideration as projects relating to irrigation, 
        navigation, or flood control.
    (b) Inapplicability of Certain Law.--Sections 203, 204, and 205 of 
the Water Resources Development Act of 1986 (33 U.S.C. 2231, 2232, 
2233) shall not apply to an estuary habitat restoration project 
selected in accordance with this title.
    (c) Estuary Habitat Restoration Mission.--The Secretary shall 
establish restoration of estuary habitat as a primary mission of the 
Army Corps of Engineers.
    (d) Federal Agency Facilities and Personnel.--
            (1) In general.--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 Collaborative Council in carrying out 
        its duties under this title.
            (2) Reimbursement from collaborative council.--Federal 
        agencies may accept reimbursement from the Collaborative 
        Council for providing services, facilities, and personnel under 
        paragraph (1).
    (e) Administrative Expenses and Staffing.--Not later than 180 days 
after the date of enactment of this Act, the Comptroller General of the 
United States shall submit to Congress and the Secretary an analysis of 
the extent to which the Collaborative Council needs additional 
personnel and administrative resources to fully carry out its duties 
under this title. The analysis shall include recommendations regarding 
necessary additional funding.

                  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 RESTORATION.

    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; 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 a grant 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, 2001, 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 subsection 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 subsection 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 subsection, 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 2001 through 2006.''.

                      TITLE III--LONG ISLAND SOUND

SEC. 301. REAUTHORIZATION.

    Section 119(e) of the Federal Water Pollution Control Act (33 
U.S.C. 1269(e)) is amended--
            (1) in paragraph (1), by striking ``1991 through 2001'' and 
        inserting ``2001 through 2006''; 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 $10,000,000 for each of fiscal years 
        2001 through 2006''.

            Passed the Senate March 30, 2000.

            Attest:

                                                             Secretary.
106th CONGRESS

  2d Session

                                 S. 835

_______________________________________________________________________

                                 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.

S 835 ES----2
S 835 ES----3
S 835 ES----4
S 835 ES----5
```