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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

4 (a) SHORT TITLE.—This Act may be cited as the

5 ‘‘Estuary Habitat and Chesapeake Bay Restoration Act

6 of 2000’’.
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1 (b) TABLE OF CONTENTS.—The table of contents of

2 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.

3 TITLE I—ESTUARY HABITAT

4 RESTORATION

5 SEC. 101. SHORT TITLE.

6 This title may be cited as the ‘‘Estuary Habitat Res7 toration Partnership Act of 2000’’.

8 SEC. 102. FINDINGS.

9 Congress finds that—

10 (1) estuaries provide some of the most eco11 logically and economically productive habitat for an

12 extensive variety of plants, fish, wildlife, and water13 fowl;
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1 (2) the estuaries and coastal regions of the

2 United States are home to one-half the population of

3 the United States and provide essential habitat for

4 75 percent of the commercial fish and 80 to 90 per5 cent of the recreational fish catches of the United

6 States;

7 (3) estuaries are gravely threatened by habitat

8 alteration and loss from pollution, development, and

9 overuse;

10 (4) successful restoration of estuaries demands

11 the coordination of Federal, State, and local estuary

12 habitat restoration programs; and

13 (5) the Federal, State, local, and private co14 operation in estuary habitat restoration activities in

15 existence on the date of enactment of this Act

16 should be strengthened and new public and public17 private estuary habitat restoration partnerships es18 tablished.

19 SEC. 103. PURPOSES.

20 The purposes of this Act are—

21 (1) to establish a voluntary program to restore

22 1,000,000 acres of estuary habitat by 2010;

23 (2) to ensure coordination of Federal, State,

24 and community estuary habitat restoration pro25 grams, plans, and studies;
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1 (3) to establish effective estuary habitat res2 toration partnerships among public agencies at all

3 levels of government and between the public and pri4 vate sectors;

5 (4) to promote efficient financing of estuary

6 habitat restoration activities; and

7 (5) to develop and enhance monitoring and re8 search capabilities, through use of the environmental

9 technology innovation program associated with the

10 National Estuarine Research Reserve System (estab11 lished by section 315 of the Coastal Zone Manage12 ment Act of 1972 (16 U.S.C. 1461)), to ensure that

13 restoration efforts are based on sound scientific un14 derstanding and innovative technologies.

15 SEC. 104. DEFINITIONS.

16 In this title:

17 (1) COLLABORATIVE COUNCIL.—The term ‘‘Col18 laborative Council’’ means the interagency council

19 established by section 105.

20 (2) DEGRADED ESTUARY HABITAT.—The term

21 ‘‘degraded estuary habitat’’ means estuary habitat

22 where natural ecological functions have been im23 paired and normal beneficial uses have been reduced.

24 (3) ESTUARY.—The term ‘‘estuary’’ means—
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1 (A) a body of water in which fresh water

2 from a river or stream meets and mixes with

3 salt water from the ocean, including the area lo4 cated in the Great Lakes Biogeographic Region

5 and designated as a National Estuarine Re6 search Reserve under the Coastal Zone Man7 agement Act of 1972 (16 U.S.C. 1451 et seq.)

8 as of the date of enactment of this Act; and

9 (B) the physical, biological, and chemical

10 elements associated with such a body of water.

11 (4) ESTUARY HABITAT.—

12 (A) IN GENERAL.—The term ‘‘estuary

13 habitat’’ means the complex of physical and hy14 drologic features and living organisms within

15 estuaries and associated ecosystems.

16 (B) INCLUSIONS.—The term ‘‘estuary

17 habitat’’ includes salt and fresh water coastal

18 marshes, coastal forested wetlands and other

19 coastal wetlands, maritime forests, coastal

20 grasslands, tidal flats, natural shoreline areas,

21 shellfish beds, sea grass meadows, kelp beds,

22 river deltas, and river and stream banks under

23 tidal influence.

24 (5) ESTUARY HABITAT RESTORATION ACTIV25 ITY.—
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1 (A) IN GENERAL.—The term ‘‘estuary

2 habitat restoration activity’’ means an activity

3 that results in improving degraded estuary

4 habitat (including both physical and functional

5 restoration), with the goal of attaining a self6 sustaining system integrated into the sur7 rounding landscape.

8 (B) INCLUDED ACTIVITIES.—The term

9 ‘‘estuary habitat restoration activity’’

10 includes—

11 (i) the reestablishment of physical fea12 tures and biological and hydrologic func13 tions;

14 (ii) except as provided in subpara15 graph (C)(ii), the cleanup of contamination

16 related to the restoration of estuary habi17 tat;

18 (iii) the control of non-native and

19 invasive species;

20 (iv) the reintroduction of native spe21 cies through planting or natural succes22 sion; and

23 (v) other activities that improve estu24 ary habitat.
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1 (C) EXCLUDED ACTIVITIES.—The term

2 ‘‘estuary habitat restoration activity’’ does not

3 include—

4 (i) an act that constitutes mitigation

5 for the adverse effects of an activity regu6 lated or otherwise governed by Federal or

7 State law; or

8 (ii) an act that constitutes restitution

9 for natural resource damages required

10 under any Federal or State law.

11 (6) ESTUARY HABITAT RESTORATION

12 PROJECT.—The term ‘‘estuary habitat restoration

13 project’’ means an estuary habitat restoration activ14 ity under consideration or selected by the Collabo15 rative Council, in accordance with this title, to re16 ceive financial, technical, or another form of assist17 ance.

18 (7) ESTUARY HABITAT RESTORATION STRAT19 EGY.—The term ‘‘estuary habitat restoration strat20 egy’’ means the estuary habitat restoration strategy

21 developed under section 106(a).

22 (8) FEDERAL ESTUARY MANAGEMENT OR HABI23 TAT RESTORATION PLAN.—The term ‘‘Federal estu24 ary management or habitat restoration plan’’ means
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1 any Federal plan for restoration of degraded estuary

2 habitat that—

3 (A) was developed by a public body with

4 the substantial participation of appropriate

5 public and private stakeholders; and

6 (B) reflects a community-based planning

7 process.

8 (9) SECRETARY.—The term ‘‘Secretary’’ means

9 the Secretary of the Army, or a designee.

10 (10) UNDER SECRETARY.—The term ‘‘Under

11 Secretary’’ means the Under Secretary for Oceans

12 and Atmosphere of the Department of Commerce, or

13 a designee.

14 SEC. 105. ESTABLISHMENT OF COLLABORATIVE COUNCIL.

15 (a) COLLABORATIVE COUNCIL.—There is established

16 an interagency council to be known as the ‘‘Estuary Habi17 tat Restoration Collaborative Council’’.

18 (b) MEMBERSHIP.—

19 (1) IN GENERAL.—The Collaborative Council

20 shall be composed of the Secretary, the Under Sec21 retary, the Administrator of the Environmental Pro22 tection Agency, and the Secretary of the Interior

23 (acting through the Director of the United States

24 Fish and Wildlife Service), or their designees.
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1 (2) CHAIRPERSON; LEAD AGENCY.—The Sec2 retary, or designee, shall chair the Collaborative

3 Council, and the Department of the Army shall

4 serve as the lead agency.

5 (c) CONVENING OF COLLABORATIVE COUNCIL.—The

6 Secretary shall—

7 (1) convene the first meeting of the Collabo8 rative Council not later than 30 days after the date

9 of enactment of this Act; and

10 (2) convene additional meetings as often as ap11 propriate to ensure that this title is fully carried out,

12 but not less often than quarterly.

13 (d) COLLABORATIVE COUNCIL PROCEDURES.—

14 (1) QUORUM.—Three members of the Collabo15 rative Council shall constitute a quorum.

16 (2) VOTING AND MEETING PROCEDURES.—The

17 Collaborative Council shall establish procedures for

18 voting and the conduct of meetings by the Council.

19 SEC. 106. DUTIES OF COLLABORATIVE COUNCIL.

20 (a) ESTUARY HABITAT RESTORATION STRATEGY.—

21 (1) IN GENERAL.—Not later than 1 year after

22 the date of enactment of this Act, the Collaborative

23 Council, in consultation with non-Federal partici24 pants, including nonprofit sectors, as appropriate,

25 shall develop an estuary habitat restoration strategy
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1 designed to ensure a comprehensive approach to the

2 selection and prioritization of estuary habitat res3 toration projects and the coordination of Federal

4 and non-Federal activities related to restoration of

5 estuary habitat.

6 (2) INTEGRATION OF PREVIOUSLY AUTHORIZED

7 ESTUARY HABITAT RESTORATION PLANS, PROGRAMS,

8 AND PARTNERSHIPS.—In developing the estuary

9 habitat restoration strategy, the Collaborative Coun10 cil shall—

11 (A) conduct a review of—

12 (i) Federal estuary management or

13 habitat restoration plans; and

14 (ii) Federal programs established

15 under other law that provide funding for

16 estuary habitat restoration activities;

17 (B) develop a set of proposals for—

18 (i) using programs established under

19 this Act or any other Act to maximize the

20 incentives for the creation of new public21 private partnerships to carry out estuary

22 habitat restoration projects; and

23 (ii) using Federal resources to encour24 age increased private sector involvement in

25 estuary habitat restoration activities; and
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1 (C) ensure that the estuary habitat res2 toration strategy is developed and will be imple3 mented in a manner that is consistent with the

4 findings and requirements of Federal estuary

5 management or habitat restoration plans.

6 (3) ELEMENTS TO BE CONSIDERED.—Con7 sistent with the requirements of this section, the

8 Collaborative Council, in the development of the es9 tuary habitat restoration strategy, shall consider—

10 (A) the contributions of estuary habitat

11 to—

12 (i) wildlife, including endangered and

13 threatened species, migratory birds, and

14 resident species of an estuary watershed;

15 (ii) fish and shellfish, including com16 mercial and sport fisheries;

17 (iii) surface and ground water quality

18 and quantity, and flood control;

19 (iv) outdoor recreation; and

20 (v) other areas of concern that the

21 Collaborative Council determines to be ap22 propriate for consideration;

23 (B) the estimated historic losses, estimated

24 current rate of loss, and extent of the threat of
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1 future loss or degradation of each type of estu2 ary habitat; and

3 (C) the most appropriate method for se4 lecting a balance of smaller and larger estuary

5 habitat restoration projects.

6 (4) ADVICE.—The Collaborative Council shall

7 seek advice in restoration of estuary habitat from ex8 perts in the private and nonprofit sectors to assist

9 in the development of an estuary habitat restoration

10 strategy.

11 (5) PUBLIC REVIEW AND COMMENT.—Before

12 adopting a final estuary habitat restoration strategy,

13 the Collaborative Council shall publish in the Fed14 eral Register a draft of the estuary habitat restora15 tion strategy and provide an opportunity for public

16 review and comment.

17 (b) PROJECT APPLICATIONS.—

18 (1) IN GENERAL.—An application for an estu19 ary habitat restoration project shall originate from a

20 non-Federal organization and shall require, when ap21 propriate, the approval of State or local agencies.

22 (2) FACTORS TO BE TAKEN INTO ACCOUNT.—

23 In determining the eligibility of an estuary habitat

24 restoration project for financial assistance under this
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1 title, the Collaborative Council shall consider the fol2 lowing:

3 (A) Whether the proposed estuary habitat

4 restoration project meets the criteria specified

5 in the estuary habitat restoration strategy.

6 (B) The technical merit and feasibility of

7 the proposed estuary habitat restoration

8 project.

9 (C) Whether the non-Federal persons pro10 posing the estuary habitat restoration project

11 provide satisfactory assurances that they will

12 have adequate personnel, funding, and author13 ity to carry out and properly maintain the estu14 ary habitat restoration project.

15 (D) Whether, in the State in which a pro16 posed estuary habitat restoration project is to

17 be carried out, there is a State dedicated source

18 of funding for programs to acquire or restore

19 estuary habitat, natural areas, and open spaces.

20 (E) Whether the proposed estuary habitat

21 restoration project will encourage the increased

22 coordination and cooperation of Federal, State,

23 and local government agencies.
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1 (F) The amount of private funds or in2 kind contributions for the estuary habitat res3 toration project.

4 (G) Whether the proposed habitat restora5 tion project includes a monitoring plan to en6 sure that short-term and long-term restoration

7 goals are achieved.

8 (H) Other factors that the Collaborative

9 Council determines to be reasonable and nec10 essary for consideration.

11 (3) PRIORITY ESTUARY HABITAT RESTORATION

12 PROJECTS.—An estuary habitat restoration project

13 shall be given a higher priority in receipt of funding

14 under this title if, in addition to meeting the selec15 tion criteria specified in this section—

16 (A) the estuary habitat restoration project

17 is part of an approved Federal estuary manage18 ment or habitat restoration plan;

19 (B) the non-Federal share with respect to

20 the estuary habitat restoration project exceeds

21 50 percent;

22 (C) there is a program within the water23 shed of the estuary habitat restoration project

24 that addresses sources of water pollution that
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1 would otherwise re-impair the restored habitat;

2 or

3 (D) the estuary habitat restoration project

4 includes—

5 (i) pilot testing; or

6 (ii) a demonstration of an innovative

7 technology having potential for improved

8 cost-effectiveness in restoring—

9 (I) the estuary that is the subject

10 of the project; or

11 (II) any other estuary.

12 (c) INTERIM ACTIONS.—

13 (1) IN GENERAL.—Pending completion of the

14 estuary habitat restoration strategy developed under

15 subsection (a), the Collaborative Council may pay

16 the Federal share of the cost of an interim action to

17 carry out an estuary habitat restoration activity.

18 (2) FEDERAL SHARE.—The Federal share shall

19 not exceed 25 percent.

20 (d) COOPERATION OF NON-FEDERAL PARTNERS.—

21 (1) IN GENERAL.—The Collaborative Council

22 shall not select an estuary habitat restoration project

23 until a non-Federal interest has entered into a writ24 ten agreement with the Secretary in which it agrees
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1 to provide the required non-Federal cooperation for

2 the project.

3 (2) NONPROFIT ENTITIES.—Notwithstanding

4 section 221(b) of the Flood Control Act of 1970 (42

5 U.S.C. 1962d–5b), for any project undertaken under

6 this section, the Secretary may, after coordination

7 with the official responsible for the political jurisdic8 tion in which a project would occur, allow a non9 profit entity to serve as the non-Federal interest.

10 (3) MAINTENANCE AND MONITORING.—A co11 operation agreement entered into under paragraph

12 (1) shall provide for maintenance and monitoring of

13 the estuary habitat restoration project to the extent

14 determined necessary by the Collaborative Council.

15 (e) LEAD COLLABORATIVE COUNCIL MEMBER.—The

16 Collaborative Council shall designate a lead Collaborative

17 Council member for each proposed estuary habitat res18 toration project. The lead Collaborative Council member

19 shall have primary responsibility for overseeing and assist20 ing others in implementing the proposed project.

21 (f) AGENCY CONSULTATION AND COORDINATION.—

22 In carrying out this section, the Collaborative Council

23 shall, as the Collaborative Council determines it to be nec24 essary, consult with, cooperate with, and coordinate its ac-
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1 tivities with the activities of other appropriate Federal

2 agencies.

3 (g) BENEFITS AND COSTS OF ESTUARY HABITAT

4 RESTORATION PROJECTS.—The Collaborative Council

5 shall evaluate the benefits and costs of estuary habitat res6 toration projects in accordance with section 907 of the

7 Water Resources Development Act of 1986 (33 U.S.C.

8 2284).

9 (h) AUTHORIZATION OF APPROPRIATIONS.—There is

10 authorized to be appropriated to the Department of the

11 Army for the administration and operation of the Collabo12 rative Council $4,000,000 for each of fiscal years 2001

13 through 2005.

14 SEC. 107. COST SHARING OF ESTUARY HABITAT RESTORA15 TION PROJECTS.

16 (a) IN GENERAL.—No financial assistance in car17 rying out an estuary habitat restoration project shall be

18 available under this title from any Federal agency unless

19 the non-Federal applicant for assistance demonstrates

20 that the estuary habitat restoration project meets—

21 (1) the requirements of this title; and

22 (2) any criteria established by the Collaborative

23 Council under this title.
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1 (b) FEDERAL SHARE.—The Federal share of the cost

2 of an estuary habitat restoration and protection project

3 assisted under this title shall be not more than 65 percent.

4 (c) NON-FEDERAL SHARE.—The non-Federal share

5 of the cost of an estuary habitat restoration project may

6 be provided in the form of land, easements, rights-of-way,

7 services, or any other form of in-kind contribution deter8 mined by the Collaborative Council to be an appropriate

9 contribution equivalent to the monetary amount required

10 for the non-Federal share of the estuary habitat restora11 tion project.

12 (d) ALLOCATION OF FUNDS BY STATES TO POLIT13 ICAL SUBDIVISIONS.—With the approval of the Secretary,

14 a State may allocate to any local government, area-wide

15 agency designated under section 204 of the Demonstration

16 Cities and Metropolitan Development Act of 1966 (42

17 U.S.C. 3334), regional agency, or interstate agency, a por18 tion of any funds disbursed in accordance with this title

19 for the purpose of carrying out an estuary habitat restora20 tion project.

21 (e) INNOVATIVE TECHNOLOGY COSTS.—The Federal

22 share of the incremental additional cost of including in

23 a project pilot testing or a demonstration of an innovative

24 technology described in section 106(b)(3)(D) shall be 100

25 percent.
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1 SEC. 108. MONITORING AND MAINTENANCE OF ESTUARY

2 HABITAT RESTORATION PROJECTS.

3 (a) DATABASE OF RESTORATION PROJECT INFORMA4 TION.—The Under Secretary shall maintain an appro5 priate database of information concerning estuary habitat

6 restoration projects funded under this title, including in7 formation on project techniques, project completion, moni8 toring data, and other relevant information.

9 (b) REPORT.—

10 (1) IN GENERAL.—The Collaborative Council

11 shall biennially submit a report to the Committee on

12 Environment and Public Works of the Senate and

13 the Committee on Transportation and Infrastructure

14 of the House of Representatives on the results of ac15 tivities carried out under this title.

16 (2) CONTENTS OF REPORT.—A report under

17 paragraph (1) shall include—

18 (A) data on the number of acres of estuary

19 habitat restored under this title, including the

20 number of projects approved and completed

21 that comprise those acres;

22 (B) the percentage of restored estuary

23 habitat monitored under a plan to ensure that

24 short-term and long-term restoration goals are

25 achieved;
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1 (C) an estimate of the long-term success of

2 varying restoration techniques used in carrying

3 out estuary habitat restoration projects;

4 (D) a review of how the information de5 scribed in subparagraphs (A) through (C) has

6 been incorporated in the selection and imple7 mentation of estuary habitat restoration

8 projects;

9 (E) a review of efforts made to maintain

10 an appropriate database of restoration projects

11 funded under this title; and

12 (F) a review of the measures taken to pro13 vide the information described in subparagraphs

14 (A) through (C) to persons with responsibility

15 for assisting in the restoration of estuary habi16 tat.

17 SEC. 109. COOPERATIVE AGREEMENTS; MEMORANDA OF

18 UNDERSTANDING.

19 In carrying out this title, the Collaborative Council

20 may—

21 (1) enter into cooperative agreements with Fed22 eral, State, and local government agencies and other

23 persons and entities; and

24 (2) execute such memoranda of understanding

25 as are necessary to reflect the agreements.
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1 SEC. 110. DISTRIBUTION OF APPROPRIATIONS FOR ESTU2 ARY HABITAT RESTORATION ACTIVITIES.

3 The Secretary shall allocate funds made available to

4 carry out this title based on the need for the funds and

5 such other factors as are determined to be appropriate to

6 carry out this title.

7 SEC. 111. AUTHORIZATION OF APPROPRIATIONS.

8 (a) AUTHORIZATION OF APPROPRIATIONS UNDER

9 OTHER LAW.—Funds authorized to be appropriated

10 under section 908 of the Water Resources Development

11 Act of 1986 (33 U.S.C. 2285) and section 206 of the

12 Water Resources Development Act of 1996 (33 U.S.C.

13 2330) may be used by the Secretary in accordance with

14 this title to assist States and other non-Federal persons

15 in carrying out estuary habitat restoration projects or in16 terim actions under section 106(c).

17 (b) AUTHORIZATION OF APPROPRIATIONS.—There

18 are authorized to be appropriated to the Secretary to carry

19 out estuary habitat restoration activities—

20 (1) $40,000,000 for fiscal year 2001;

21 (2) $50,000,000 for fiscal year 2002; and

22 (3) $75,000,000 for each of fiscal years 2003

23 through 2005.

24 SEC. 112. NATIONAL ESTUARY PROGRAM.

25 (a) GRANTS FOR COMPREHENSIVE CONSERVATION

26 AND MANAGEMENT PLANS.—Section 320(g)(2) of the
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1 Federal Water Pollution Control Act (33 U.S.C.

2 1330(g)(2)) is amended by inserting ‘‘and implementa3 tion’’ after ‘‘development’’.

4 (b) AUTHORIZATION OF APPROPRIATIONS.—Section

5 320(i) of the Federal Water Pollution Control Act (33

6 U.S.C. 1330(i)) is amended by striking ‘‘1987’’ and all

7 that follows through ‘‘1991’’ and inserting the following:

8 ‘‘1987 through 1991, such sums as may be necessary for

9 fiscal years 1992 through 2000, and $25,000,000 for each

10 of fiscal years 2001 and 2002’’.

11 SEC. 113. GENERAL PROVISIONS.

12 (a) ADDITIONAL AUTHORITY FOR ARMY CORPS OF

13 ENGINEERS.—The Secretary—

14 (1) may carry out estuary habitat restoration

15 projects in accordance with this title; and

16 (2) shall give estuary habitat restoration

17 projects the same consideration as projects relating

18 to irrigation, navigation, or flood control.

19 (b) INAPPLICABILITY OF CERTAIN LAW.—Sections

20 203, 204, and 205 of the Water Resources Development

21 Act of 1986 (33 U.S.C. 2231, 2232, 2233) shall not apply

22 to an estuary habitat restoration project selected in ac23 cordance with this title.
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1 (c) ESTUARY HABITAT RESTORATION MISSION.—

2 The Secretary shall establish restoration of estuary habi3 tat as a primary mission of the Army Corps of Engineers.

4 (d) FEDERAL AGENCY FACILITIES AND PER5 SONNEL.—

6 (1) IN GENERAL.—Federal agencies may co7 operate in carrying out scientific and other programs

8 necessary to carry out this title, and may provide fa9 cilities and personnel, for the purpose of assisting

10 the Collaborative Council in carrying out its duties

11 under this title.

12 (2) REIMBURSEMENT FROM COLLABORATIVE

13 COUNCIL.—Federal agencies may accept reimburse14 ment from the Collaborative Council for providing

15 services, facilities, and personnel under paragraph

16 (1).

17 (e) ADMINISTRATIVE EXPENSES AND STAFFING.—

18 Not later than 180 days after the date of enactment of

19 this Act, the Comptroller General of the United States

20 shall submit to Congress and the Secretary an analysis

21 of the extent to which the Collaborative Council needs ad22 ditional personnel and administrative resources to fully

23 carry out its duties under this title. The analysis shall in24 clude recommendations regarding necessary additional

25 funding.
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1 TITLE II—CHESAPEAKE BAY

2 RESTORATION

3 SEC. 201. SHORT TITLE.

4 This title may be cited as the ‘‘Chesapeake Bay Res5 toration Act of 2000’’.

6 SEC. 202. FINDINGS AND PURPOSES.

7 (a) FINDINGS.—Congress finds that—

8 (1) the Chesapeake Bay is a national treasure

9 and a resource of worldwide significance;

10 (2) over many years, the productivity and water

11 quality of the Chesapeake Bay and its watershed

12 were diminished by pollution, excessive sedimenta13 tion, shoreline erosion, the impacts of population

14 growth and development in the Chesapeake Bay wa15 tershed, and other factors;

16 (3) the Federal Government (acting through

17 the Administrator of the Environmental Protection

18 Agency), the Governor of the State of Maryland, the

19 Governor of the Commonwealth of Virginia, the Gov20 ernor of the Commonwealth of Pennsylvania, the

21 Chairperson of the Chesapeake Bay Commission,

22 and the Mayor of the District of Columbia, as

23 Chesapeake Bay Agreement signatories, have com24 mitted to a comprehensive cooperative program to
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1 achieve improved water quality and improvements in

2 the productivity of living resources of the Bay;

3 (4) the cooperative program described in para4 graph (3) serves as a national and international

5 model for the management of estuaries; and

6 (5) there is a need to expand Federal support

7 for monitoring, management, and restoration activi8 ties in the Chesapeake Bay and the tributaries of

9 the Bay in order to meet and further the original

10 and subsequent goals and commitments of the

11 Chesapeake Bay Program.

12 (b) PURPOSES.—The purposes of this title are—

13 (1) to expand and strengthen cooperative ef14 forts to restore and protect the Chesapeake Bay;

15 and

16 (2) to achieve the goals established in the

17 Chesapeake Bay Agreement.

18 SEC. 203. CHESAPEAKE BAY RESTORATION.

19 The Federal Water Pollution Control Act is amended

20 by striking section 117 (33 U.S.C. 1267) and inserting

21 the following:

22 ‘‘SEC. 117. CHESAPEAKE BAY.

23 ‘‘(a) DEFINITIONS.—In this section:

24 ‘‘(1) ADMINISTRATIVE COST.—The term ‘ad25 ministrative cost’ means the cost of salaries and
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1 fringe benefits incurred in administering a grant

2 under this section.

3 ‘‘(2) CHESAPEAKE BAY AGREEMENT.—The

4 term ‘Chesapeake Bay Agreement’ means the for5 mal, voluntary agreements executed to achieve the

6 goal of restoring and protecting the Chesapeake Bay

7 ecosystem and the living resources of the Chesa8 peake Bay ecosystem and signed by the Chesapeake

9 Executive Council.

10 ‘‘(3) CHESAPEAKE BAY ECOSYSTEM.—The term

11 ‘Chesapeake Bay ecosystem’ means the ecosystem of

12 the Chesapeake Bay and its watershed.

13 ‘‘(4) CHESAPEAKE BAY PROGRAM.—The term

14 ‘Chesapeake Bay Program’ means the program di15 rected by the Chesapeake Executive Council in ac16 cordance with the Chesapeake Bay Agreement.

17 ‘‘(5) CHESAPEAKE EXECUTIVE COUNCIL.—The

18 term ‘Chesapeake Executive Council’ means the sig19 natories to the Chesapeake Bay Agreement.

20 ‘‘(6) SIGNATORY JURISDICTION.—The term

21 ‘signatory jurisdiction’ means a jurisdiction of a sig22 natory to the Chesapeake Bay Agreement.

23 ‘‘(b) CONTINUATION OF CHESAPEAKE BAY PRO24 GRAM.—
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1 ‘‘(1) IN GENERAL.—In cooperation with the

2 Chesapeake Executive Council (and as a member of

3 the Council), the Administrator shall continue the

4 Chesapeake Bay Program.

5 ‘‘(2) PROGRAM OFFICE.—

6 ‘‘(A) IN GENERAL.—The Administrator

7 shall maintain in the Environmental Protection

8 Agency a Chesapeake Bay Program Office.

9 ‘‘(B) FUNCTION.—The Chesapeake Bay

10 Program Office shall provide support to the

11 Chesapeake Executive Council by—

12 ‘‘(i) implementing and coordinating

13 science, research, modeling, support serv14 ices, monitoring, data collection, and other

15 activities that support the Chesapeake Bay

16 Program;

17 ‘‘(ii) developing and making available,

18 through publications, technical assistance,

19 and other appropriate means, information

20 pertaining to the environmental quality

21 and living resources of the Chesapeake

22 Bay ecosystem;

23 ‘‘(iii) in cooperation with appropriate

24 Federal, State, and local authorities, as25 sisting the signatories to the Chesapeake
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1 Bay Agreement in developing and imple2 menting specific action plans to carry out

3 the responsibilities of the signatories to the

4 Chesapeake Bay Agreement;

5 ‘‘(iv) coordinating the actions of the

6 Environmental Protection Agency with the

7 actions of the appropriate officials of other

8 Federal agencies and State and local au9 thorities in developing strategies to—

10 ‘‘(I) improve the water quality

11 and living resources in the Chesa12 peake Bay ecosystem; and

13 ‘‘(II) obtain the support of the

14 appropriate officials of the agencies

15 and authorities in achieving the objec16 tives of the Chesapeake Bay Agree17 ment; and

18 ‘‘(v) implementing outreach programs

19 for public information, education, and par20 ticipation to foster stewardship of the re21 sources of the Chesapeake Bay.

22 ‘‘(c) INTERAGENCY AGREEMENTS.—The Adminis23 trator may enter into an interagency agreement with a

24 Federal agency to carry out this section.
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1 ‘‘(d) TECHNICAL ASSISTANCE AND ASSISTANCE

2 GRANTS.—

3 ‘‘(1) IN GENERAL.—In cooperation with the

4 Chesapeake Executive Council, the Administrator

5 may provide technical assistance, and assistance

6 grants, to nonprofit organizations, State and local

7 governments, colleges, universities, and interstate

8 agencies to carry out this section, subject to such

9 terms and conditions as the Administrator considers

10 appropriate.

11 ‘‘(2) FEDERAL SHARE.—

12 ‘‘(A) IN GENERAL.—Except as provided in

13 subparagraph (B), the Federal share of an as14 sistance grant provided under paragraph (1)

15 shall be determined by the Administrator in ac16 cordance with guidance issued by the Adminis17 trator.

18 ‘‘(B) SMALL WATERSHED GRANTS PRO19 GRAM.—The Federal share of an assistance

20 grant provided under paragraph (1) to carry

21 out an implementing activity under subsection

22 (g)(2) shall not exceed 75 percent of eligible

23 project costs, as determined by the Adminis24 trator.
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1 ‘‘(3) NON-FEDERAL SHARE.—An assistance

2 grant under paragraph (1) shall be provided on the

3 condition that non-Federal sources provide the re4 mainder of eligible project costs, as determined by

5 the Administrator.

6 ‘‘(4) ADMINISTRATIVE COSTS.—Administrative

7 costs shall not exceed 10 percent of the annual grant

8 award.

9 ‘‘(e) IMPLEMENTATION AND MONITORING

10 GRANTS.—

11 ‘‘(1) IN GENERAL.—If a signatory jurisdiction

12 has approved and committed to implement all or

13 substantially all aspects of the Chesapeake Bay

14 Agreement, on the request of the chief executive of

15 the jurisdiction, the Administrator—

16 ‘‘(A) shall make a grant to the jurisdiction

17 for the purpose of implementing the manage18 ment mechanisms established under the Chesa19 peake Bay Agreement, subject to such terms

20 and conditions as the Administrator considers

21 appropriate; and

22 ‘‘(B) may make a grant to a signatory ju23 risdiction for the purpose of monitoring the

24 Chesapeake Bay ecosystem.

25 ‘‘(2) PROPOSALS.—
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1 ‘‘(A) IN GENERAL.—A signatory jurisdic2 tion described in paragraph (1) may apply for

3 a grant under this subsection for a fiscal year

4 by submitting to the Administrator a com5 prehensive proposal to implement management

6 mechanisms established under the Chesapeake

7 Bay Agreement.

8 ‘‘(B) CONTENTS.—A proposal under sub9 paragraph (A) shall include—

10 ‘‘(i) a description of proposed man11 agement mechanisms that the jurisdiction

12 commits to take within a specified time pe13 riod, such as reducing or preventing pollu14 tion in the Chesapeake Bay and its water15 shed or meeting applicable water quality

16 standards or established goals and objec17 tives under the Chesapeake Bay Agree18 ment; and

19 ‘‘(ii) the estimated cost of the actions

20 proposed to be taken during the fiscal

21 year.

22 ‘‘(3) APPROVAL.—If the Administrator finds

23 that the proposal is consistent with the Chesapeake

24 Bay Agreement and the national goals established
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1 under section 101(a), the Administrator may ap2 prove the proposal for a grant award.

3 ‘‘(4) FEDERAL SHARE.—The Federal share of

4 an implementation grant under this subsection shall

5 not exceed 50 percent of the cost of implementing

6 the management mechanisms during the fiscal year.

7 ‘‘(5) NON-FEDERAL SHARE.—An implementa8 tion grant under this subsection shall be made on

9 the condition that non-Federal sources provide the

10 remainder of the costs of implementing the manage11 ment mechanisms during the fiscal year.

12 ‘‘(6) ADMINISTRATIVE COSTS.—Administrative

13 costs shall not exceed 10 percent of the annual grant

14 award.

15 ‘‘(7) REPORTING.—On or before October 1 of

16 each fiscal year, the Administrator shall make avail17 able to the public a document that lists and de18 scribes, in the greatest practicable degree of detail—

19 ‘‘(A) all projects and activities funded for

20 the fiscal year;

21 ‘‘(B) the goals and objectives of projects

22 funded for the previous fiscal year; and

23 ‘‘(C) the net benefits of projects funded for

24 previous fiscal years.
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1 ‘‘(f) FEDERAL FACILITIES AND BUDGET COORDINA2 TION.—

3 ‘‘(1) SUBWATERSHED PLANNING AND RESTORA4 TION.—A Federal agency that owns or operates a

5 facility (as defined by the Administrator) within the

6 Chesapeake Bay watershed shall participate in re7 gional and subwatershed planning and restoration

8 programs.

9 ‘‘(2) COMPLIANCE WITH AGREEMENT.—The

10 head of each Federal agency that owns or occupies

11 real property in the Chesapeake Bay watershed shall

12 ensure that the property, and actions taken by the

13 agency with respect to the property, comply with the

14 Chesapeake Bay Agreement, the Federal Agencies

15 Chesapeake Ecosystem Unified Plan, and any subse16 quent agreements and plans.

17 ‘‘(3) BUDGET COORDINATION.—

18 ‘‘(A) IN GENERAL.—As part of the annual

19 budget submission of each Federal agency with

20 projects or grants related to restoration, plan21 ning, monitoring, or scientific investigation of

22 the Chesapeake Bay ecosystem, the head of the

23 agency shall submit to the President a report

24 that describes plans for the expenditure of the

25 funds under this section.
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1 ‘‘(B) DISCLOSURE TO THE COUNCIL.—The

2 head of each agency referred to in subpara3 graph (A) shall disclose the report under that

4 subparagraph with the Chesapeake Executive

5 Council as appropriate.

6 ‘‘(g) CHESAPEAKE BAY PROGRAM.—

7 ‘‘(1) MANAGEMENT STRATEGIES.—The Admin8 istrator, in coordination with other members of the

9 Chesapeake Executive Council, shall ensure that

10 management plans are developed and implementa11 tion is begun by signatories to the Chesapeake Bay

12 Agreement to achieve and maintain—

13 ‘‘(A) the nutrient goals of the Chesapeake

14 Bay Agreement for the quantity of nitrogen and

15 phosphorus entering the Chesapeake Bay and

16 its watershed;

17 ‘‘(B) the water quality requirements nec18 essary to restore living resources in the Chesa19 peake Bay ecosystem;

20 ‘‘(C) the Chesapeake Bay Basinwide Tox21 ins Reduction and Prevention Strategy goal of

22 reducing or eliminating the input of chemical

23 contaminants from all controllable sources to

24 levels that result in no toxic or bioaccumulative
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1 impact on the living resources of the Chesa2 peake Bay ecosystem or on human health;

3 ‘‘(D) habitat restoration, protection, and

4 enhancement goals established by Chesapeake

5 Bay Agreement signatories for wetlands, ripar6 ian forests, and other types of habitat associ7 ated with the Chesapeake Bay ecosystem; and

8 ‘‘(E) the restoration, protection, and en9 hancement goals established by the Chesapeake

10 Bay Agreement signatories for living resources

11 associated with the Chesapeake Bay ecosystem.

12 ‘‘(2) SMALL WATERSHED GRANTS PROGRAM.—

13 The Administrator, in cooperation with the Chesa14 peake Executive Council, shall—

15 ‘‘(A) establish a small watershed grants

16 program as part of the Chesapeake Bay Pro17 gram; and

18 ‘‘(B) offer technical assistance and assist19 ance grants under subsection (d) to local gov20 ernments and nonprofit organizations and indi21 viduals in the Chesapeake Bay region to

22 implement—

23 ‘‘(i) cooperative tributary basin strate24 gies that address the water quality and liv-
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1 ing resource needs in the Chesapeake Bay

2 ecosystem; and

3 ‘‘(ii) locally based protection and res4 toration programs or projects within a wa5 tershed that complement the tributary

6 basin strategies.

7 ‘‘(h) STUDY OF CHESAPEAKE BAY PROGRAM.—

8 ‘‘(1) IN GENERAL.—Not later than April 22,

9 2001, and every 5 years thereafter, the Adminis10 trator, in coordination with the Chesapeake Execu11 tive Council, shall complete a study and submit to

12 Congress a comprehensive report on the results of

13 the study.

14 ‘‘(2) REQUIREMENTS.—The study and report

15 shall—

16 ‘‘(A) assess the state of the Chesapeake

17 Bay ecosystem;

18 ‘‘(B) assess the appropriateness of commit19 ments and goals of the Chesapeake Bay Pro20 gram and the management strategies estab21 lished under the Chesapeake Bay Agreement

22 for improving the state of the Chesapeake Bay

23 ecosystem;

24 ‘‘(C) assess the effectiveness of manage25 ment strategies being implemented on the date
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1 of enactment of this subsection and the extent

2 to which the priority needs are being met;

3 ‘‘(D) make recommendations for the im4 proved management of the Chesapeake Bay

5 Program either by strengthening strategies

6 being implemented on the date of enactment of

7 this subsection or by adopting new strategies;

8 and

9 ‘‘(E) be presented in such a format as to

10 be readily transferable to and usable by other

11 watershed restoration programs.

12 ‘‘(i) SPECIAL STUDY OF LIVING RESOURCE RE13 SPONSE.—

14 ‘‘(1) IN GENERAL.—Not later than 180 days

15 after the date of enactment of this subsection, the

16 Administrator shall commence a 5-year special study

17 with full participation of the scientific community of

18 the Chesapeake Bay to establish and expand under19 standing of the response of the living resources of

20 the Chesapeake Bay ecosystem to improvements in

21 water quality that have resulted from investments

22 made through the Chesapeake Bay Program.

23 ‘‘(2) REQUIREMENTS.—The study shall—

24 ‘‘(A) determine the current status and

25 trends of living resources, including grasses,
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1 benthos, phytoplankton, zooplankton, fish, and

2 shellfish;

3 ‘‘(B) establish to the extent practicable the

4 rates of recovery of the living resources in re5 sponse to improved water quality condition;

6 ‘‘(C) evaluate and assess interactions of

7 species, with particular attention to the impact

8 of changes within and among trophic levels; and

9 ‘‘(D) recommend management actions to

10 optimize the return of a healthy and balanced

11 ecosystem in response to improvements in the

12 quality and character of the waters of the

13 Chesapeake Bay.

14 ‘‘(j) AUTHORIZATION OF APPROPRIATIONS.—There

15 is authorized to be appropriated to carry out this section

16 $30,000,000 for each of fiscal years 2001 through 2006.’’.

17 TITLE III—LONG ISLAND SOUND

18 SEC. 301. REAUTHORIZATION.

19 Section 119(e) of the Federal Water Pollution Con20 trol Act (33 U.S.C. 1269(e)) is amended—

21 (1) in paragraph (1), by striking ‘‘1991

22 through 2001’’ and inserting ‘‘2001 through 2006’’;

23 and

24 (2) in paragraph (2), by striking ‘‘not to exceed

25 $3,000,000 for each of the fiscal years 1991 through
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1 2001’’ and inserting ‘‘not to exceed $10,000,000 for

2 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-Federalrestoration programs, and for other purposes.