In the House of Representatives, U. S.,

September 12, 2000.

Resolved, That the bill from the Senate (S. 835) entitled

‘‘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’’, do pass with the following

AMENDMENT:

Strike out all after the enacting clause and insert:

1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

3 ‘‘Clean Waters and Bays Act of 2000’’.

4 (b) TABLE OF CONTENTS.—The table of contents for

5 this Act is as follows:

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. Advisory board.

Sec. 107. Estuary habitat restoration strategy.

Sec. 108. Monitoring of estuary habitat restoration projects.

Sec. 109. Reporting.

Sec. 110. Funding.

Sec. 111. General provisions.

TITLE II—CHESAPEAKE BAY RESTORATION

Sec. 201. Short title.
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Sec. 202. Findings and purposes.

Sec. 203. Chesapeake Bay.

Sec. 204. Sense of the Congress; requirement regarding notice.

TITLE III—NATIONAL ESTUARY PROGRAM.

Sec. 301. Additions to national estuary program.

Sec. 302. Grants.

Sec. 303. Authorization of appropriations.

TITLE IV—FLORIDA KEYS WATER QUALITY

Sec. 401. Short title.

Sec. 402. Florida Keys water quality improvements.

Sec. 403. Sense of the Congress; requirement regarding notice.

TITLE V—LONG ISLAND SOUND RESTORATION

Sec. 501. Short title.

Sec. 502. Nitrogen credit trading system and other measures.

Sec. 503. Assistance for distressed communities.

Sec. 504. Reauthorization of appropriations.

TITLE VI—LAKE PONTCHARTRAIN BASIN RESTORATION

Sec. 601. Short title.

Sec. 602. National estuary program.

Sec. 603. Lake Pontchartrain Basin.

Sec. 604. Sense of the Congress.

TITLE VII—ALTERNATIVE WATER SOURCES

Sec. 701. Short title.

Sec. 702. Grants for alternative water source projects.

Sec. 703. Sense of the Congress; requirement regarding notice.

TITLE VIII—CLEAN LAKES

Sec. 801. Grants to States.

Sec. 802. Demonstration program.

Sec. 803. Sense of the Congress; requirement regarding notice.

TITLE IX—MISSISSIPPI SOUND RESTORATION

Sec. 901. Short title.

Sec. 902. National estuary program.

Sec. 903. Mississippi Sound.

Sec. 904. Sense of the Congress.

TITLE X—TIJUANA RIVER VALLEY ESTUARY AND BEACH CLEANUP

Sec. 1001. Short title.

Sec. 1002. Purpose.

Sec. 1003. Definitions.

Sec. 1004. Actions to be taken by the Commission and the Administrator.

Sec. 1005. Negotiation of new treaty minute.

Sec. 1006. Authorization of appropriations.
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1 TITLE I—ESTUARY

2 RESTORATION

3 SEC. 101. SHORT TITLE.

4 This title may be cited as the ‘‘Estuary Restoration

5 Act of 2000’’.

6 SEC. 102. PURPOSES.

7 The purposes of this title are—

8 (1) to promote the restoration of estuary habitat;

9 (2) to develop a national estuary habitat restora10 tion strategy for creating and maintaining effective

11 estuary habitat restoration partnerships among pub12 lic agencies at all levels of government and to estab13 lish new partnerships between the public and private

14 sectors;

15 (3) to provide Federal assistance for estuary

16 habitat restoration projects and to promote efficient

17 financing of such projects; and

18 (4) to develop and enhance monitoring and re19 search capabilities to ensure that estuary habitat res20 toration efforts are based on sound scientific under21 standing and to create a national database of estuary

22 habitat restoration information.

23 SEC. 103. DEFINITIONS.

24 In this title, the following definitions apply:
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1 (1) COUNCIL.—The term ‘‘Council’’ means the

2 Estuary Habitat Restoration Council established by

3 section 105.

4 (2) ESTUARY.—The term ‘‘estuary’’ means a

5 part of a river or stream or other body of water that

6 has an unimpaired connection with the open sea and

7 where the sea water is measurably diluted with fresh

8 water derived from land drainage. The term also in9 cludes near coastal waters and wetlands of the Great

10 Lakes that are similar in form and function to estu11 aries.

12 (3) ESTUARY HABITAT.—The term ‘‘estuary

13 habitat’’ means the physical, biological, and chemical

14 elements associated with an estuary, including the

15 complex of physical and hydrologic features and liv16 ing organisms within the estuary and associated eco17 systems.

18 (4) ESTUARY HABITAT RESTORATION ACTIV19 ITY.—

20 (A) IN GENERAL.—The term ‘‘estuary habi21 tat restoration activity’’ means an activity that

22 results in improving degraded estuaries or estu23 ary habitat or creating estuary habitat (includ24 ing both physical and functional restoration),
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1 with the goal of attaining a self-sustaining sys2 tem integrated into the surrounding landscape.

3 (B) INCLUDED ACTIVITIES.—The term ‘‘es4 tuary habitat restoration activity’’ includes—

5 (i) the reestablishment of chemical,

6 physical, hydrologic, and biological features

7 and components associated with an estuary;

8 (ii) except as provided in subpara9 graph (C), the cleanup of pollution for the

10 benefit of estuary habitat;

11 (iii) the control of nonnative and

12 invasive species in the estuary;

13 (iv) the reintroduction of species native

14 to the estuary, including through such

15 means as planting or promoting natural

16 succession;

17 (v) the construction of reefs to promote

18 fish and shellfish production and to provide

19 estuary habitat for living resources; and

20 (vi) other activities that improve estu21 ary habitat.

22 (C) EXCLUDED ACTIVITIES.—The term ‘‘es23 tuary habitat restoration activity’’ does not in24 clude an activity that—
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1 (i) constitutes mitigation required

2 under any Federal or State law for the ad3 verse effects of an activity regulated or oth4 erwise governed by Federal or State law; or

5 (ii) constitutes restoration for natural

6 resource damages required under any Fed7 eral or State law.

8 (5) ESTUARY HABITAT RESTORATION

9 PROJECT.—The term ‘‘estuary habitat restoration

10 project’’ means a project to carry out an estuary

11 habitat restoration activity.

12 (6) ESTUARY HABITAT RESTORATION PLAN.—

13 (A) IN GENERAL.—The term ‘‘estuary habi14 tat restoration plan’’ means any Federal or

15 State plan for restoration of degraded estuary

16 habitat that was developed with the substantial

17 participation of appropriate public and private

18 stakeholders.

19 (B) INCLUDED PLANS AND PROGRAMS.—The

20 term ‘‘estuary habitat restoration plan’’ includes

21 estuary habitat restoration components of—

22 (i) a comprehensive conservation and

23 management plan approved under section

24 320 of the Federal Water Pollution Control

25 Act (33 U.S.C. 1330);
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1 (ii) a lakewide management plan or

2 remedial action plan developed under sec3 tion 118 of the Federal Water Pollution

4 Control Act (33 U.S.C. 1268);

5 (iii) a management plan approved

6 under the Coastal Zone Management Act of

7 1972 (16 U.S.C. 1451 et seq.); and

8 (iv) the interstate management plan

9 developed pursuant to the Chesapeake Bay

10 program under section 117 of the Federal

11 Water Pollution Control Act (33 U.S.C.

12 1267).

13 (8) INDIAN TRIBE.—The term ‘‘Indian tribe’’ has

14 the meaning given such term by section 4 of the In15 dian Self-Determination and Education Assistance

16 Act (25 U.S.C. 450b).

17 (9) NON-FEDERAL INTEREST.—The term ‘‘non18 federal interest’’ means a State, a political subdivi19 sion of a State, an Indian tribe, a regional or inter20 state agency, or, as provided in section 104(g)(2), a

21 nongovernmental organization.

22 (10) SECRETARY.—The term ‘‘Secretary’’ means

23 the Secretary of the Army.

24 (11) STATE.—The term ‘‘State’’ means the States

25 of Alabama, Alaska, California, Connecticut, Dela-
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1 ware, Florida, Georgia, Hawaii, Illinois, Indiana,

2 Louisiana, Maine, Maryland, Massachusetts, Michi3 gan, Minnesota, Mississippi, New Hampshire, New

4 Jersey, New York, North Carolina, Ohio, Oregon,

5 Pennsylvania, Rhode Island, South Carolina, Texas,

6 Virginia, Washington, and Wisconsin, the District of

7 Columbia, the Commonwealth of Puerto Rico, the

8 Commonwealth of the Northern Mariana Islands, the

9 United States Virgin Islands, American Samoa, and

10 Guam.

11 SEC. 104. ESTUARY HABITAT RESTORATION PROGRAM.

12 (a) ESTABLISHMENT.—There is established an estuary

13 habitat restoration program under which the Secretary may

14 carry out estuary habitat restoration projects and provide

15 technical assistance in accordance with the requirements of

16 this title.

17 (b) ORIGIN OF PROJECTS.—A proposed estuary habi18 tat restoration project shall originate from a non-Federal

19 interest consistent with State or local laws.

20 (c) REQUIRED ELEMENTS OF PROJECT PROPOSALS.—

21 To be eligible for the estuary habitat restoration program

22 established under this title, each proposed estuary habitat

23 restoration project must—

24 (1) address restoration needs identified in an es25 tuary habitat restoration plan;
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1 (2) be consistent with the estuary habitat res2 toration strategy developed under section 107;

3 (3) be technically feasible;

4 (4) include a monitoring plan that is consistent

5 with standards for monitoring developed under sec6 tion 108 to ensure that short-term and long-term res7 toration goals are achieved; and

8 (5) include satisfactory assurance from the non9 Federal interests proposing the project that the non10 Federal interests will have adequate personnel, fund11 ing, and authority to carry out and properly main12 tain the project.

13 (d) SELECTION OF PROJECTS.—

14 (1) IN GENERAL.—The Secretary, after consid15 ering the advice and recommendations of the Council,

16 shall select estuary habitat restoration projects taking

17 into account the following factors:

18 (A) The scientific merit of the project.

19 (B) Whether the project will encourage in20 creased coordination and cooperation among

21 Federal, State, and local government agencies.

22 (C) Whether the project fosters public-pri23 vate partnerships and uses Federal resources to

24 encourage increased private sector involvement,

25 including consideration of the amount of private
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1 funds or in-kind contributions for an estuary

2 habitat restoration activity.

3 (D) Whether the project is cost-effective.

4 (E) Whether the State in which the non5 Federal interest is proposing the project has a

6 dedicated source of funding to acquire or restore

7 estuary habitat, natural areas, and open spaces

8 for the benefit of estuary habitat restoration or

9 protection.

10 (F) Other factors that the Secretary deter11 mines to be reasonable and necessary for consid12 eration.

13 (2) PRIORITY.—In selecting estuary habitat res14 toration projects to be carried out under this title, the

15 Secretary shall give priority consideration to a

16 project if, in addition to meriting selection based on

17 the factors under paragraph (1)—

18 (A) the project occurs within a watershed in

19 which there is a program being carried out that

20 addresses sources of pollution and other activities

21 that otherwise would re-impair the restored habi22 tat; or

23 (B) the project includes pilot testing or a

24 demonstration of an innovative technology hav-
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1 ing the potential for improved cost-effectiveness

2 in estuary habitat restoration.

3 (e) COST SHARING.—

4 (1) FEDERAL SHARE.—The Federal share of the

5 cost of an estuary habitat restoration project carried

6 out under this title shall not exceed 65 percent of such

7 cost.

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

9 share of the cost of an estuary habitat restoration

10 project carried out under this title shall include lands,

11 easements, rights-of-way, and relocations and may in12 clude services, or any other form of in-kind contribu13 tion determined by the Secretary to be an appropriate

14 contribution equivalent to the monetary amount re15 quired for the non-Federal share of the activity.

16 (f) INTERIM ACTIONS.—

17 (1) IN GENERAL.—Pending completion of the es18 tuary habitat restoration strategy to be developed

19 under section 107, the Secretary may take interim ac20 tions to carry out an estuary habitat restoration ac21 tivity.

22 (2) FEDERAL SHARE.—The Federal share of the

23 cost of an estuary habitat restoration activity before

24 the completion of the estuary habitat restoration

25 strategy shall not exceed 25 percent of such cost.
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1 (g) COOPERATION OF NON-FEDERAL INTERESTS.—

2 (1) IN GENERAL.—The Secretary shall not select

3 an estuary habitat restoration project until a non4 Federal interest has entered into a written agreement

5 with the Secretary in which the non-Federal interest

6 agrees to—

7 (A) provide all lands, easements, rights-of8 way, and relocations and any other elements the

9 Secretary determines appropriate under sub10 section (e)(2); and

11 (B) provide for maintenance and moni12 toring of the project to the extent the Secretary

13 determines necessary.

14 (2) NONGOVERNMENTAL ORGANIZATIONS.—Not15 withstanding section 221 of the Flood Control Act of

16 1970 (42 U.S.C. 1962d–5b(b)), for any project under17 taken under this title, the Secretary, upon the rec18 ommendation of the Governor of the State in which

19 the project is located and in consultation with appro20 priate officials of political subdivisions of such State,

21 may allow a nongovernmental organization to serve

22 as the non-Federal interest.

23 (h) DELEGATION OF PROJECT IMPLEMENTATION.—In

24 carrying out this title, the Secretary may delegate project

25 implementation to another Federal department or agency
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1 on a reimbursable basis if the Secretary, after considering

2 the advice and recommendations of the Council, determines

3 such delegation is appropriate.

4 SEC. 105. ESTABLISHMENT OF ESTUARY HABITAT RESTORA5 TION COUNCIL.

6 (a) COUNCIL.—There is established a council to be

7 known as the ‘‘Estuary Habitat Restoration Council’’.

8 (b) DUTIES.—The Council shall be responsible for—

9 (1) soliciting, reviewing, and evaluating project

10 proposals and making recommendations concerning

11 such proposals based on the factors specified in sec12 tion 104(d)(1), including recommendations as to a

13 priority order for carrying out such projects and as

14 to whether a project should be carried out by the Sec15 retary or by another Federal department or agency

16 under section 104(h);

17 (2) developing and transmitting to Congress a

18 national strategy for restoration of estuary habitat;

19 (3) periodically reviewing the effectiveness of the

20 national strategy in meeting the purposes of this title

21 and, as necessary, updating the national strategy;

22 and

23 (4) providing advice on the development of the

24 database, monitoring standards, and report required

25 under sections 108 and 109.
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1 (c) MEMBERSHIP.—The Council shall be composed of

2 the following members:

3 (1) The Secretary (or the Secretary’s designee).

4 (2) The Under Secretary for Oceans and Atmos5 phere of the Department of Commerce (or the Under

6 Secretary’s designee).

7 (3) The Administrator of the Environmental

8 Protection Agency (or the Administrator’s designee).

9 (4) The Secretary of the Interior, acting through

10 the Director of the United States Fish and Wildlife

11 Service (or such Secretary’s designee).

12 (5) The Secretary of Agriculture (or such Sec13 retary’s designee).

14 (6) The head of any other Federal agency des15 ignated by the President to serve as an ex officio

16 member of the Council.

17 (d) PROHIBITION OF COMPENSATION.—Members of the

18 Council may not receive compensation for their service as

19 members of the Council.

20 (e) CHAIRPERSON.—The chairperson shall be elected

21 by the Council from among its members for a 3-year term,

22 except that the first elected chairperson may serve a term

23 of fewer than 3 years.

24 (f) CONVENING OF COUNCIL.—
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1 (1) FIRST MEETING.—The Secretary shall con2 vene the first meeting of the Council not later than

3 60 days after the date of the enactment of this Act for

4 the purpose of electing a chairperson.

5 (2) ADDITIONAL MEETINGS.—The chairperson

6 shall convene additional meetings of the Council as

7 often as appropriate to ensure that this title is fully

8 carried out, but not less often than annually.

9 (g) COUNCIL PROCEDURES.—The Council shall estab10 lish procedures for voting, the conduct of meetings, and

11 other matters, as necessary.

12 (h) PUBLIC PARTICIPATION.—Meetings of the Council

13 shall be open to the public. The Council shall provide notice

14 to the public of such meetings.

15 SEC. 106. ADVISORY BOARD.

16 (a) IN GENERAL.—The Council shall establish an ad17 visory board (in this section referred to as the ‘‘board’’).

18 (b) DUTIES.—The board shall provide advice and rec19 ommendations to the Council—

20 (1) on the strategy developed pursuant to section

21 107; and

22 (2) on the Council’s consideration of proposed es23 tuary habitat restoration projects and the Council’s

24 recommendations to the Secretary pursuant to section
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1 105(b)(1), including advice on the scientific merit,

2 technical merit, and feasibility of a project.

3 (c) MEMBERS.—The Council shall appoint members of

4 the board representing diverse public and private interests.

5 Members of the board shall be selected such that the board

6 consists of—

7 (1) three members with recognized academic sci8 entific expertise in estuary or estuary habitat restora9 tion;

10 (2) three members representing State agencies

11 with expertise in estuary or estuary habitat restora12 tion;

13 (3) two members representing local or regional

14 government agencies with expertise in estuary or estu15 ary habitat restoration;

16 (4) two members representing nongovernmental

17 organizations with expertise in estuary or estuary

18 habitat restoration;

19 (5) two members representing fishing interests;

20 (6) two members representing estuary users other

21 than fishing interests;

22 (7) two members representing agricultural inter23 ests; and

24 (8) two members representing Indian tribes.

25 (d) TERMS.—
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1 (1) IN GENERAL.—Except as provided by sub2 paragraph (B), members of the board shall be ap3 pointed for a term of 3 years.

4 (2) INITIAL MEMBERS.—As designated by the

5 chairperson of the Council at the time of appoint6 ment, of the members first appointed—

7 (A) nine shall be appointed for a term of 1

8 year; and

9 (B) nine shall be appointed for a term of 2

10 years.

11 (e) VACANCIES.—Whenever a vacancy occurs among

12 members of the board, the Council shall appoint an appro13 priate individual to fill that vacancy for the remainder of

14 the applicable term.

15 (f) BOARD LEADERSHIP.—The board shall elect from

16 among its members a chairperson of the board to represent

17 the board in matters related to its duties under this title.

18 (g) COMPENSATION.—Members of the board shall not

19 be considered to be employees of the United States and may

20 not receive compensation for their service as members of the

21 board, except that while engaged in the performance of their

22 duties while away from their homes or regular place of busi23 ness, members of the board may be allowed necessary travel

24 expenses as authorized by section 5703 of title 5, United

25 States Code.
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1 (h) TECHNICAL SUPPORT.—Technical support may be

2 provided to the board by regional and field staff of the Corps

3 of Engineers, the Environmental Protection Agency, the Na4 tional Oceanic and Atmospheric Administration, the

5 United States Fish and Wildlife Service, and the Depart6 ment of Agriculture. The Secretary shall coordinate the pro7 vision of such assistance.

8 (i) ADMINISTRATIVE SUPPORT SERVICES.—Upon the

9 request of the board, the Secretary may provide to the board

10 the administrative support services necessary for the board

11 to carry out its responsibilities under this title.

12 (j) FUNDING.—From amounts appropriated for that

13 purpose under section 110, the Secretary shall provide fund14 ing for the board to carry out its duties under this title.

15 SEC. 107. ESTUARY HABITAT RESTORATION STRATEGY.

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

17 of the enactment of this Act, the Council, in consultation

18 with the advisory board established under section 106, shall

19 develop an estuary habitat restoration strategy designed to

20 ensure a comprehensive approach to maximize benefits de21 rived from estuary habitat restoration projects and to foster

22 the coordination of Federal and non-Federal activities re23 lated to restoration of estuary habitat.
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1 (b) GOAL.—The goal of the strategy shall be the res2 toration of 1,000,000 acres of estuary habitat by the year

3 2010.

4 (c) INTEGRATION OF ESTUARY HABITAT RESTORATION

5 PLANS, PROGRAMS, AND PARTNERSHIPS.—In developing

6 the estuary habitat restoration strategy, the Council shall—

7 (1) conduct a review of estuary management or

8 habitat restoration plans and Federal programs estab9 lished under other laws that authorize funding for es10 tuary habitat restoration activities; and

11 (2) ensure that the estuary habitat restoration

12 strategy is developed in a manner that is consistent

13 with the estuary management or habitat restoration

14 plans.

15 (d) ELEMENTS OF THE STRATEGY.—The estuary habi16 tat restoration strategy shall include proposals, methods,

17 and guidance on—

18 (1) maximizing the incentives for the creation of

19 new public-private partnerships to carry out estuary

20 habitat restoration projects and the use of Federal re21 sources to encourage increased private sector involve22 ment in estuary habitat restoration activities;

23 (2) ensuring that the estuary habitat restoration

24 strategy will be implemented in a manner that is
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1 consistent with the estuary management or habitat

2 restoration plans;

3 (3) promoting estuary habitat restoration

4 projects to—

5 (A) provide healthy ecosystems in order to

6 support—

7 (i) wildlife, including endangered and

8 threatened species, migratory birds, and

9 resident species of an estuary watershed;

10 and

11 (ii) fish and shellfish, including com12 mercial and recreational fisheries;

13 (B) improve surface and ground water

14 quality and quantity, and flood control;

15 (C) provide outdoor recreation and other di16 rect and indirect values; and

17 (D) address other areas of concern that the

18 Council determines to be appropriate for consid19 eration;

20 (4) addressing the estimated historic losses, esti21 mated current rate of loss, and extent of the threat of

22 future loss or degradation of each type of estuary

23 habitat;

24 (5) measuring the rate of change for each type

25 of estuary habitat;
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1 (6) selecting a balance of smaller and larger es2 tuary habitat restoration projects; and

3 (7) ensuring equitable geographic distribution of

4 projects funded under this title.

5 (e) PUBLIC REVIEW AND COMMENT.—Before the Coun6 cil adopts a final or revised estuary habitat restoration

7 strategy, the Secretary shall publish in the Federal Register

8 a draft of the estuary habitat restoration strategy and pro9 vide an opportunity for public review and comment.

10 (f) PERIODIC REVISION.—Using data and information

11 developed through project monitoring and management,

12 and other relevant information, the Council may periodi13 cally review and update, as necessary, the estuary habitat

14 restoration strategy.

15 SEC. 108. MONITORING OF ESTUARY HABITAT RESTORA16 TION PROJECTS.

17 (a) UNDER SECRETARY.—In this section, the term

18 ‘‘Under Secretary’’ means the Under Secretary for Oceans

19 and Atmosphere of the Department of Commerce.

20 (b) DATABASE OF RESTORATION PROJECT INFORMA21 TION.—The Under Secretary, in consultation with the

22 Council, shall develop and maintain an appropriate data23 base of information concerning estuary habitat restoration

24 projects carried out under this title, including information
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1 on project techniques, project completion, monitoring data,

2 and other relevant information.

3 (c) MONITORING DATA STANDARDS.—The Under Sec4 retary, in consultation with the Council, shall develop

5 standard data formats for monitoring projects, along with

6 requirements for types of data collected and frequency of

7 monitoring.

8 (d) COORDINATION OF DATA.—The Under Secretary

9 shall compile information that pertains to estuary habitat

10 restoration projects from other Federal, State, and local

11 sources and that meets the quality control requirements and

12 data standards established under this section.

13 (e) USE OF EXISTING PROGRAMS.—The Under Sec14 retary shall use existing programs within the National Oce15 anic and Atmospheric Administration to create and main16 tain the database required under this section.

17 (f) PUBLIC AVAILABILITY.—The Under Secretary shall

18 make the information collected and maintained under this

19 section available to the public.

20 SEC. 109. REPORTING.

21 (a) IN GENERAL.—At the end of the third and fifth

22 fiscal years following the date of the enactment of this Act,

23 the Secretary, after considering the advice and rec24 ommendations of the Council, shall transmit to Congress
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1 a report on the results of activities carried out under this

2 title.

3 (b) CONTENTS OF REPORT.—A report under subsection

4 (a) shall include—

5 (1) data on the number of acres of estuary habi6 tat restored under this title, including descriptions of,

7 and partners involved with, projects selected, in

8 progress, and completed under this title that comprise

9 those acres;

10 (2) information from the database established

11 under section 108(b) related to ongoing monitoring of

12 projects to ensure that short-term and long-term res13 toration goals are achieved;

14 (3) an estimate of the long-term success of vary15 ing restoration techniques used in carrying out estu16 ary habitat restoration projects;

17 (4) a review of how the information described in

18 paragraphs (1) through (3) has been incorporated in

19 the selection and implementation of estuary habitat

20 restoration projects;

21 (5) a review of efforts made to maintain an ap22 propriate database of restoration projects carried out

23 under this title; and

24 (6) a review of the measures taken to provide the

25 information described in paragraphs (1) through (3)
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1 to persons with responsibility for assisting in the res2 toration of estuary habitat.

3 SEC. 110. FUNDING.

4 (a) AUTHORIZATION OF APPROPRIATIONS.—

5 (1) ESTUARY HABITAT RESTORATION

6 PROJECTS.—There is authorized to be appropriated to

7 the Secretary for carrying out and providing tech8 nical assistance for estuary habitat restoration

9 projects—

10 (A) $30,000,000 for fiscal year 2001;

11 (B) $35,000,000 for fiscal year 2002; and

12 (C) $45,000,000 for each of fiscal years

13 2003 through 2005.

14 Such amounts shall remain available until expended.

15 (2) MONITORING.—There is authorized to be ap16 propriated to the Under Secretary for Oceans and At17 mosphere of the Department of Commerce for the ac18 quisition, maintenance, and management of moni19 toring data on restoration projects carried out under

20 this title, $1,500,000 for each of fiscal years 2001

21 through 2005. Such amounts shall remain available

22 until expended.

23 (b) SET-ASIDE FOR ADMINISTRATIVE EXPENSES OF

24 THE COUNCIL AND ADVISORY BOARD.—Not to exceed 3 per25 cent of the amounts appropriated for a fiscal year under
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1 subsection (a)(1) or $1,500,000, whichever is greater, may

2 be used by the Secretary for administration and operation

3 of the Council and the advisory board established under sec4 tion 106.

5 SEC. 111. GENERAL PROVISIONS.

6 (a) AGENCY CONSULTATION AND COORDINATION.—In

7 carrying out this title, the Secretary shall, as necessary,

8 consult with, cooperate with, and coordinate its activities

9 with the activities of other Federal departments and agen10 cies.

11 (b) COOPERATIVE AGREEMENTS; MEMORANDA OF UN12 DERSTANDING.—In carrying out this title, the Secretary

13 may—

14 (1) enter into cooperative agreements with Fed15 eral, State, and local government agencies and other

16 entities; and

17 (2) execute such memoranda of understanding as

18 are necessary to reflect the agreements.

19 (c) FEDERAL AGENCY FACILITIES AND PERSONNEL.—

20 Federal agencies may cooperate in carrying out scientific

21 and other programs necessary to carry out this title, and

22 may provide facilities and personnel, for the purpose of as23 sisting the Council in carrying out its duties under this

24 title.
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1 (d) IDENTIFICATION AND MAPPING OF DREDGED MA2 TERIAL DISPOSAL SITES.—In consultation with appro3 priate Federal and non-Federal public entities, the Sec4 retary shall undertake, and update as warranted by

5 changed conditions, surveys to identify and map sites ap6 propriate for beneficial uses of dredged material for the pro7 tection, restoration, and creation of aquatic and ecologically

8 related habitats, including wetlands, in order to further the

9 purposes of this title.

10 (e) STUDY OF BIOREMEDIATION TECHNOLOGY.—

11 (1) IN GENERAL.—Not later than 180 days after

12 the date of the enactment of this Act, the Adminis13 trator of the Environmental Protection Agency, with

14 the participation of the estuarine scientific commu15 nity, shall begin a 2-year study on the efficacy of bio16 remediation products.

17 (2) REQUIREMENTS.—The study shall—

18 (A) evaluate and assess bioremediation

19 technology—

20 (i) on low-level petroleum hydrocarbon

21 contamination from recreational boat bilges;

22 (ii) on low-level petroleum hydrocarbon

23 contamination from stormwater discharges;

24 (iii) on nonpoint petroleum hydro25 carbon discharges; and
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1 (iv) as a first response tool for petro2 leum hydrocarbon spills; and

3 (B) recommend management actions to op4 timize the return of a healthy and balanced eco5 system and make improvements in the quality

6 and character of estuarine waters.

7 TITLE II—CHESAPEAKE BAY

8 RESTORATION

9 SEC. 201. SHORT TITLE.

10 This title may be cited as the ‘‘Chesapeake Bay Res11 toration Act of 2000’’.

12 SEC. 202. FINDINGS AND PURPOSES.

13 (a) FINDINGS.—Congress finds that—

14 (1) the Chesapeake Bay is a national treasure

15 and a resource of worldwide significance;

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

17 quality of the Chesapeake Bay and its watershed were

18 diminished by pollution, excessive sedimentation,

19 shoreline erosion, the impacts of population growth

20 and development in the Chesapeake Bay watershed,

21 and other factors;

22 (3) the Federal Government (acting through the

23 Administrator of the Environmental Protection Agen24 cy), the Governor of the State of Maryland, the Gov25 ernor of the Commonwealth of Virginia, the Governor
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1 of the Commonwealth of Pennsylvania, the Chair2 person of the Chesapeake Bay Commission, and the

3 Mayor of the District of Columbia, as Chesapeake

4 Bay Agreement signatories, have committed to a com5 prehensive cooperative program to achieve improved

6 water quality and improvements in the productivity

7 of living resources of the Bay;

8 (4) the cooperative program described in para9 graph (3) serves as a national and international

10 model for the management of estuaries; and

11 (5) there is a need to expand Federal support for

12 monitoring, management, and restoration activities

13 in the Chesapeake Bay and the tributaries of the Bay

14 in order to meet and further the original and subse15 quent goals and commitments of the Chesapeake Bay

16 Program.

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

18 (1) to expand and strengthen cooperative efforts

19 to restore and protect the Chesapeake Bay; and

20 (2) to achieve the goals established in the Chesa21 peake Bay Agreement.

22 SEC. 203. CHESAPEAKE BAY.

23 Section 117 of the Federal Water Pollution Control Act

24 (33 U.S.C. 1267) is amended to read as follows:
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1 ‘‘SEC. 117. CHESAPEAKE BAY.

2 ‘‘(a) DEFINITIONS.—In this section, the following defi3 nitions apply:

4 ‘‘(1) ADMINISTRATIVE COST.—The term ‘admin5 istrative cost’ means the cost of salaries and fringe

6 benefits incurred in administering a grant under this

7 section.

8 ‘‘(2) CHESAPEAKE BAY AGREEMENT.—The term

9 ‘Chesapeake Bay Agreement’ means the formal, vol10 untary agreements executed to achieve the goal of re11 storing and protecting the Chesapeake Bay ecosystem

12 and the living resources of the Chesapeake Bay eco13 system and signed by the Chesapeake Executive Coun14 cil.

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

16 ‘Chesapeake Bay ecosystem’ means the ecosystem of

17 the Chesapeake Bay and its watershed.

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

19 ‘Chesapeake Bay Program’ means the program di20 rected by the Chesapeake Executive Council in accord21 ance with the Chesapeake Bay Agreement.

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

23 term ‘Chesapeake Executive Council’ means the sig24 natories to the Chesapeake Bay Agreement.
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1 ‘‘(6) SIGNATORY JURISDICTION.—The term ‘sig2 natory jurisdiction’ means a jurisdiction of a signa3 tory to the Chesapeake Bay Agreement.

4 ‘‘(b) CONTINUATION OF CHESAPEAKE BAY PRO5 GRAM.—

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

7 Chesapeake Executive Council (and as a member of

8 the Council), the Administrator shall continue the

9 Chesapeake Bay Program.

10 ‘‘(2) PROGRAM OFFICE.—

11 ‘‘(A) IN GENERAL.—The Administrator

12 shall maintain in the Environmental Protection

13 Agency a Chesapeake Bay Program Office.

14 ‘‘(B) FUNCTION.—The Chesapeake Bay Pro15 gram Office shall provide support to the Chesa16 peake Executive Council by—

17 ‘‘(i) implementing and coordinating

18 science, research, modeling, support services,

19 monitoring, data collection, and other ac20 tivities that support the Chesapeake Bay

21 Program;

22 ‘‘(ii) developing and making available,

23 through publications, technical assistance,

24 and other appropriate means, information

25 pertaining to the environmental quality
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1 and living resources of the Chesapeake Bay

2 ecosystem;

3 ‘‘(iii) in cooperation with appropriate

4 Federal, State, and local authorities, assist5 ing the signatories to the Chesapeake Bay

6 Agreement in developing and implementing

7 specific action plans to carry out the re8 sponsibilities of the signatories to the Chesa9 peake Bay Agreement;

10 ‘‘(iv) coordinating the actions of the

11 Environmental Protection Agency with the

12 actions of the appropriate officials of other

13 Federal agencies and State and local au14 thorities in developing strategies to—

15 ‘‘(I) improve the water quality

16 and living resources in the Chesapeake

17 Bay ecosystem; and

18 ‘‘(II) obtain the support of the ap19 propriate officials of the agencies and

20 authorities in achieving the objectives

21 of the Chesapeake Bay Agreement; and

22 ‘‘(v) implementing outreach programs

23 for public information, education, and par24 ticipation to foster stewardship of the re25 sources of the Chesapeake Bay.
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1 ‘‘(c) INTERAGENCY AGREEMENTS.—The Administrator

2 may enter into an interagency agreement with a Federal

3 agency to carry out this section.

4 ‘‘(d) TECHNICAL ASSISTANCE AND ASSISTANCE

5 GRANTS.—

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

7 Chesapeake Executive Council, the Administrator

8 may provide technical assistance, and assistance

9 grants, to nonprofit organizations, State and local

10 governments, colleges, universities, and interstate

11 agencies to achieve the goals and requirements con12 tained in subsection (g)(1), subject to such terms and

13 conditions as the Administrator considers appro14 priate.

15 ‘‘(2) FEDERAL SHARE.—

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

17 subparagraph (B), the Federal share of an assist18 ance grant provided under paragraph (1) shall

19 be determined by the Administrator in accord20 ance with guidance issued by the Administrator.

21 ‘‘(B) SMALL WATERSHED GRANTS PRO22 GRAM.—The Federal share of an assistance grant

23 provided under paragraph (1) to carry out an

24 implementing activity under subsection (g)(2)
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1 shall not exceed 75 percent of eligible project

2 costs, as determined by the Administrator.

3 ‘‘(3) NON-FEDERAL SHARE.—An assistance grant

4 under paragraph (1) shall be provided on the condi5 tion that non-Federal sources provide the remainder

6 of eligible project costs, as determined by the Admin7 istrator.

8 ‘‘(4) ADMINISTRATIVE COSTS.—Administrative

9 costs shall not exceed 10 percent of the annual grant

10 award.

11 ‘‘(e) IMPLEMENTATION AND MONITORING GRANTS.—

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

13 has approved and committed to implement all or sub14 stantially all aspects of the Chesapeake Bay Agree15 ment, on the request of the chief executive of the juris16 diction, the Administrator—

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

18 for the purpose of implementing the management

19 mechanisms established under the Chesapeake

20 Bay Agreement, subject to such terms and condi21 tions as the Administrator considers appro22 priate; and

23 ‘‘(B) may make a grant to a signatory ju24 risdiction for the purpose of monitoring the

25 Chesapeake Bay ecosystem.
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1 ‘‘(2) PROPOSALS.—

2 ‘‘(A) IN GENERAL.—A signatory jurisdic3 tion described in paragraph (1) may apply for

4 a grant under this subsection for a fiscal year by

5 submitting to the Administrator a comprehensive

6 proposal to implement management mechanisms

7 established under the Chesapeake Bay Agreement.

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

10 ‘‘(i) a description of proposed manage11 ment mechanisms that the jurisdiction com12 mits to take within a specified time period,

13 such as reducing or preventing pollution in

14 the Chesapeake Bay and its watershed or

15 meeting applicable water quality standards

16 or established goals and objectives under the

17 Chesapeake Bay Agreement; and

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

19 proposed to be taken during the fiscal year.

20 ‘‘(3) APPROVAL.—If the Administrator finds that

21 the proposal is consistent with the Chesapeake Bay

22 Agreement and the national goals established under

23 section 101(a), the Administrator may approve the

24 proposal for an award.
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1 ‘‘(4) FEDERAL SHARE.—The Federal share of an

2 implementation grant under this subsection shall not

3 exceed 50 percent of the cost of implementing the

4 management mechanisms during the fiscal year.

5 ‘‘(5) NON-FEDERAL SHARE.—An implementation

6 grant under this subsection shall be made on the con7 dition that non-Federal sources provide the remainder

8 of the costs of implementing the management mecha9 nisms during the fiscal year.

10 ‘‘(6) ADMINISTRATIVE COSTS.—Administrative

11 costs shall not exceed 10 percent of the annual grant

12 award.

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

14 each fiscal year, the Administrator shall make avail15 able to the public a document that lists and describes,

16 in the greatest practicable degree of detail—

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

18 the fiscal year;

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

20 funded for the previous fiscal year; and

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

22 previous fiscal years.

23 ‘‘(f) FEDERAL FACILITIES AND BUDGET COORDINA24 TION.—
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1 ‘‘(1) SUBWATERSHED PLANNING AND RESTORA2 TION.—A Federal agency that owns or operates a fa3 cility (as defined by the Administrator) within the

4 Chesapeake Bay watershed shall participate in re5 gional and subwatershed planning and restoration

6 programs.

7 ‘‘(2) COMPLIANCE WITH AGREEMENT.—The head

8 of each Federal agency that owns or occupies real

9 property in the Chesapeake Bay watershed shall en10 sure that the property, and actions taken by the agen11 cy with respect to the property, comply with the

12 Chesapeake Bay Agreement, the Federal Agencies

13 Chesapeake Ecosystem Unified Plan, and any subse14 quent agreements and plans.

15 ‘‘(3) BUDGET COORDINATION.—

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

17 budget submission of each Federal agency with

18 projects or grants related to restoration, plan19 ning, monitoring, or scientific investigation of

20 the Chesapeake Bay ecosystem, the head of the

21 agency shall submit to the President a report

22 that describes plans for the expenditure of the

23 funds under this section.

24 ‘‘(B) DISCLOSURE TO THE COUNCIL.—The

25 head of each agency referred to in subparagraph
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1 (A) shall disclose the report under that subpara2 graph with the Chesapeake Executive Council as

3 appropriate.

4 ‘‘(g) CHESAPEAKE BAY PROGRAM.—

5 ‘‘(1) MANAGEMENT STRATEGIES.—The Adminis6 trator, in coordination with other members of the

7 Chesapeake Executive Council, shall ensure that man8 agement plans are developed and implementation is

9 begun by signatories to the Chesapeake Bay Agree10 ment to achieve—

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

12 Bay Agreement for the quantity of nitrogen and

13 phosphorus entering the Chesapeake Bay and its

14 watershed;

15 ‘‘(B) the water quality requirements nec16 essary to restore living resources in the Chesa17 peake Bay ecosystem;

18 ‘‘(C) the Chesapeake Bay Basinwide Toxins

19 Reduction and Prevention Strategy goal of re20 ducing or eliminating the input of chemical con21 taminants from all controllable sources to levels

22 that result in no toxic or bioaccumulative impact

23 on the living resources of the Chesapeake Bay

24 ecosystem or on human health;
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1 ‘‘(D) habitat restoration, protection, cre2 ation, and enhancement goals established by

3 Chesapeake Bay Agreement signatories for wet4 lands, riparian forests, and other types of habi5 tat associated with the Chesapeake Bay eco6 system; and

7 ‘‘(E) the restoration, protection, creation,

8 and enhancement goals established by the Chesa9 peake Bay Agreement signatories for living re10 sources associated with the Chesapeake Bay eco11 system.

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 pro16 gram as part of the Chesapeake Bay Program;

17 and

18 ‘‘(B) offer technical assistance and assist19 ance grants under subsection (d) to local govern20 ments and nonprofit organizations and individ21 uals 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 basin

6 strategies, including the creation, restora7 tion, protection, or enhancement of habitat

8 associated with the Chesapeake Bay eco9 system.

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

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

12 2000, and every 5 years thereafter, the Administrator,

13 in coordination with the Chesapeake Executive Coun14 cil, shall complete a study and submit to Congress a

15 comprehensive report on the results of the study.

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

17 shall—

18 ‘‘(A) assess the state of the Chesapeake Bay

19 ecosystem;

20 ‘‘(B) compare the current state of the Chesa21 peake Bay ecosystem with its state in 1975,

22 1985, and 1995;

23 ‘‘(C) assess the effectiveness of management

24 strategies being implemented on the date of the
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1 enactment of this section and the extent to which

2 the priority needs are being met;

3 ‘‘(D) make recommendations for the im4 proved management of the Chesapeake Bay Pro5 gram either by strengthening strategies being im6 plemented on the date of the enactment of this

7 section or by adopting new strategies; and

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

9 readily transferable to and usable by other wa10 tershed restoration programs.

11 ‘‘(i) SPECIAL STUDY OF LIVING RESOURCE RE12 SPONSE.—

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

14 after the date of the enactment of this section, the Ad15 ministrator shall commence a 5-year special study

16 with full participation of the scientific community of

17 the Chesapeake Bay to establish and expand under18 standing of the response of the living resources of the

19 Chesapeake Bay ecosystem to improvements in water

20 quality that have resulted from investments made

21 through the Chesapeake Bay Program.

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

23 ‘‘(A) determine the current status and

24 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 spe7 cies, with particular attention to the impact of

8 changes within and among trophic levels; and

9 ‘‘(D) recommend management actions to op10 timize the return of a healthy and balanced eco11 system in response to improvements in the qual12 ity and character of the waters of the Chesapeake

13 Bay.

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

15 authorized to be appropriated to carry out this section

16 $30,000,000 for each of fiscal years 2000 through 2005.’’.

17 SEC. 204. SENSE OF THE CONGRESS; REQUIREMENT RE18 GARDING NOTICE.

19 (a) PURCHASE OF AMERICAN-MADE EQUIPMENT AND

20 PRODUCTS.—In the case of any equipment or products that

21 may be authorized to be purchased with financial assistance

22 provided under section 117 of the Federal Water Pollution

23 Control Act (33 U.S.C. 1267), it is the sense of the Congress

24 that entities receiving such assistance should, in expending
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1 the assistance, purchase only American-made equipment

2 and products.

3 (b) NOTICE TO RECIPIENTS OF ASSISTANCE.—In pro4 viding financial assistance under section 117 of the Federal

5 Water Pollution Control Act, the head of each Federal agen6 cy shall provide to each recipient of the assistance a notice

7 describing the statement made in subsection (a) by Con8 gress.

9 (c) NOTICE OF REPORT.—Any entity which receives

10 funds under section 117 of the Federal Water Pollution

11 Control Act shall report any expenditures on foreign-made

12 items to Congress within 180 days of the expenditure.

13 TITLE III—NATIONAL ESTUARY

14 PROGRAM

15 SEC. 301. ADDITIONS TO NATIONAL ESTUARY PROGRAM.

16 Section 320(a)(2)(B) of the Federal Water Pollution

17 Control Act (33 U.S.C. 1330(a)(2)(B)) is amended by in18 serting ‘‘Lake Ponchartrain Basin, Louisiana and Mis19 sissippi; Mississippi Sound, Mississippi;’’ before ‘‘and

20 Peconic Bay, New York.’’.

21 SEC. 302. GRANTS.

22 Section 320(g) of the Federal Water Pollution Control

23 Act (33 U.S.C. 1330(g)) is amended by striking paragraphs

24 (2) and (3) and inserting the following:
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1 ‘‘(2) PURPOSES.—Grants under this subsection

2 shall be made to pay for activities necessary for the

3 development and implementation of a comprehensive

4 conservation and management plan under this sec5 tion.

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

7 grant to any person (including a State, interstate, or

8 regional agency or entity) under this subsection for a

9 fiscal year—

10 ‘‘(A) shall not exceed—

11 ‘‘(i) 75 percent of the annual aggregate

12 costs of the development of a comprehensive

13 conservation and management plan; and

14 ‘‘(ii) 50 percent of the annual aggre15 gate costs of the implementation of the plan;

16 and

17 ‘‘(B) shall be made on condition that the

18 non-Federal share of the costs are provided from

19 non-Federal sources.’’.

20 SEC. 303. AUTHORIZATION OF APPROPRIATIONS.

21 Section 320(i) of the Federal Water Pollution Control

22 Act (33 U.S.C. 1330(i)) is amended by striking

23 ‘‘$12,000,000 per fiscal year for each of fiscal years 1987,

24 1988, 1989, 1990, and 1991’’ and inserting ‘‘$50,000,000

25 for each of fiscal years 2000 through 2004’’.
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1 TITLE IV—FLORIDA KEYS WATER

2 QUALITY

3 SEC. 401. SHORT TITLE.

4 This title may be cited as the ‘‘Florida Keys Water

5 Quality Improvements Act of 2000’’.

6 SEC. 402. FLORIDA KEYS WATER QUALITY IMPROVEMENTS.

7 Title I of the Federal Water Pollution Control Act (33

8 U.S.C. 1251 et seq.) is amended by adding at the end the

9 following:

10 ‘‘SEC. 121. FLORIDA KEYS.

11 ‘‘(a) IN GENERAL.—Subject to the requirements of this

12 section, the Administrator may make grants to the Florida

13 Keys Aqueduct Authority, appropriate agencies of munici14 palities of Monroe County, Florida, and other appropriate

15 public agencies of the State of Florida or Monroe County

16 for the planning and construction of treatment works to im17 prove water quality in the Florida Keys National Marine

18 Sanctuary.

19 ‘‘(b) CRITERIA FOR PROJECTS.—In applying for a

20 grant for a project under subsection (a), an applicant shall

21 demonstrate that—

22 ‘‘(1) the applicant has completed adequate plan23 ning and design activities for the project;
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1 ‘‘(2) the applicant has completed a financial

2 plan identifying sources of non-Federal funding for

3 the project;

4 ‘‘(3) the project complies with—

5 ‘‘(A) applicable growth management ordi6 nances of Monroe County, Florida;

7 ‘‘(B) applicable agreements between Monroe

8 County, Florida, and the State of Florida to

9 manage growth in Monroe County, Florida; and

10 ‘‘(C) applicable water quality standards;

11 and

12 ‘‘(4) the project is consistent with the master

13 wastewater and stormwater plans for Monroe County,

14 Florida.

15 ‘‘(c) CONSIDERATION.—In selecting projects to receive

16 grants under subsection (a), the Administrator shall con17 sider whether a project will have substantial water quality

18 benefits relative to other projects under consideration.

19 ‘‘(d) CONSULTATION.—In carrying out this section, the

20 Administrator shall consult with—

21 ‘‘(1) the Water Quality Steering Committee es22 tablished under section 8(d)(2)(A) of the Florida Keys

23 National Marine Sanctuary and Protection Act (106

24 Stat. 5054);
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1 ‘‘(2) the South Florida Ecosystem Restoration

2 Task Force established by section 528(f) of the Water

3 Resources Development Act of 1996 (110 Stat. 3771–

4 3773);

5 ‘‘(3) the Commission on the Everglades estab6 lished by executive order of the Governor of the State

7 of Florida; and

8 ‘‘(4) other appropriate State and local govern9 ment officials.

10 ‘‘(e) NON-FEDERAL SHARE.—The non-Federal share of

11 the cost of a project carried out using amounts from grants

12 made under subsection (a) shall not be less than 25 percent.

13 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There is

14 authorized to be appropriated to the Administrator to carry

15 out this section—

16 ‘‘(1) $32,000,000 for fiscal year 2001;

17 ‘‘(2) $31,000,000 for fiscal year 2002; and

18 ‘‘(3) $50,000,000 for each of fiscal years 2003

19 through 2005.

20 Such sums shall remain available until expended.’’.

21 SEC. 403. SENSE OF THE CONGRESS; REQUIREMENT RE22 GARDING NOTICE.

23 (a) PURCHASE OF AMERICAN-MADE EQUIPMENT AND

24 PRODUCTS.—In the case of any equipment or products that

25 may be authorized to be purchased with financial assistance
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1 provided under this title (including any amendment made

2 by this title), it is the sense of the Congress that entities

3 receiving such assistance should, in expending the assist4 ance, purchase only American-made equipment and prod5 ucts.

6 (b) NOTICE TO RECIPIENTS OF ASSISTANCE.—In pro7 viding financial assistance under this title (including any

8 amendment made by this title), the head of each Federal

9 agency shall provide to each recipient of the assistance a

10 notice describing the statement made in subsection (a) by

11 Congress.

12 (c) NOTICE OF REPORT.—Any entity which receives

13 funds under this title shall report any expenditures on for14 eign-made items to Congress within 180 days of the expend15 iture.

16 TITLE V—LONG ISLAND SOUND

17 RESTORATION

18 SEC. 501. SHORT TITLE.

19 This title may be cited as the ‘‘Long Island Sound Res20 toration Act’’.

21 SEC. 502. NITROGEN CREDIT TRADING SYSTEM AND OTHER

22 MEASURES.

23 Section 119(c)(1) of the Federal Water Pollution Con24 trol Act (33 U.S.C. 1269(c)(1)) is amended by inserting ‘‘,

25 including efforts to establish, within the process for grant-
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1 ing watershed general permits, a system for trading nitro2 gen credits and any other measures that are cost-effective

3 and consistent with the goals of the Plan’’ before the semi4 colon at the end.

5 SEC. 503. ASSISTANCE FOR DISTRESSED COMMUNITIES.

6 Section 119 of the Federal Water Pollution Control Act

7 (33 U.S.C. 1269) is amended—

8 (1) by redesignating subsection (e) as subsection

9 (f); and

10 (2) by inserting after subsection (d) the fol11 lowing:

12 ‘‘(e) ASSISTANCE TO DISTRESSED COMMUNITIES.—

13 ‘‘(1) ELIGIBLE COMMUNITIES.—

14 ‘‘(A) STATES TO DETERMINE CRITERIA.—

15 For the purposes of this subsection, a distressed

16 community is any community that meets afford17 ability criteria established by the State in which

18 the community is located, if such criteria are de19 veloped after public review and comment.

20 ‘‘(B) CONSIDERATION OF IMPACT ON WATER

21 AND SEWER RATES.—In determining if a com22 munity is a distressed community for the pur23 poses of this subsection, the State shall consider

24 the extent to which the rate of growth of a com25 munity’s tax base has been historically slow such
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1 that implementing the plan described in sub2 section (c)(1) would result in a significant in3 crease in any water or sewer rate charged by the

4 community’s publicly-owned wastewater treat5 ment facility.

6 ‘‘(C) INFORMATION TO ASSIST STATES.—

7 The Administrator may publish information to

8 assist States in establishing affordability criteria

9 under subparagraph (A).

10 ‘‘(2) REVOLVING LOAN FUNDS.—

11 ‘‘(A) LOAN SUBSIDIES.—Subject to subpara12 graph (B), any State making a loan to a dis13 tressed community from a revolving fund under

14 title VI for the purpose of assisting the imple15 mentation of the plan described in subsection

16 (c)(1) may provide additional subsidization (in17 cluding forgiveness of principal).

18 ‘‘(B) TOTAL AMOUNT OF SUBSIDIES.—For

19 each fiscal year, the total amount of loan sub20 sidies made by a State under subparagraph (A)

21 may not exceed 30 percent of the amount of the

22 capitalization grant received by the State for the

23 year.

24 ‘‘(3) PRIORITY.—In making assistance available

25 under this section for the upgrading of wastewater
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1 treatment facilities, a State may give priority to a

2 distressed community.’’.

3 SEC. 504. REAUTHORIZATION OF APPROPRIATIONS.

4 Section 119(f) of the Federal Water Pollution Control

5 Act (as redesignated by section 503 of this Act) is

6 amended—

7 (1) in paragraph (1) by striking ‘‘1991 through

8 2001’’ and inserting ‘‘2000 through 2003’’; and

9 (2) in paragraph (2) by striking ‘‘not to exceed

10 $3,000,000 for each of the fiscal years 1991 through

11 2001’’ and inserting ‘‘not to exceed $80,000,000 for

12 each of fiscal years 2000 through 2003’’.

13 TITLE VI—LAKE PONT14 CHARTRAIN BASIN RESTORA15 TION

16 SEC. 601. SHORT TITLE.

17 This title may be cited as the ‘‘Lake Pontchartrain

18 Basin Restoration Act of 2000’’.

19 SEC. 602. NATIONAL ESTUARY PROGRAM.

20 (a) FINDING.—Congress finds that the Lake

21 Ponchartrain Basin is an estuary of national significance.

22 (b) ADDITION TO NATIONAL ESTUARY PROGRAM.—

23 Section 320(a)(2)(B) of the Federal Water Pollution Con24 trol Act (33 U.S.C. 1330(a)(2)(B)) is further amended by
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1 inserting ‘‘Lake Ponchartrain Basin, Louisiana and Mis2 sissippi;’’ before ‘‘and Peconic Bay, New York.’’.

3 SEC. 603. LAKE PONTCHARTRAIN BASIN.

4 Title I of the Federal Water Pollution Control Act (33

5 U.S.C. 1251 et seq.) is further amended by adding at the

6 end the following:

7 ‘‘SEC. 122. LAKE PONTCHARTRAIN BASIN.

8 ‘‘(a) ESTABLISHMENT OF RESTORATION PROGRAM.—

9 The Administrator shall establish within the Environ10 mental Protection Agency the Lake Pontchartrain Basin

11 Restoration Program.

12 ‘‘(b) PURPOSE.—The purpose of the program shall be

13 to restore the ecological health of the Basin by developing

14 and funding restoration projects and related scientific and

15 public education projects.

16 ‘‘(c) DUTIES.—In carrying out the program, the Ad17 ministrator shall—

18 ‘‘(1) provide administrative and technical assist19 ance to a management conference convened for the

20 Basin under section 320;

21 ‘‘(2) assist and support the activities of the man22 agement conference, including the implementation of

23 recommendations of the management conference;
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1 ‘‘(3) support environmental monitoring of the

2 Basin and research to provide necessary technical and

3 scientific information;

4 ‘‘(4) develop a comprehensive research plan to

5 address the technical needs of the program;

6 ‘‘(5) coordinate the grant, research, and plan7 ning programs authorized under this section; and

8 ‘‘(6) collect and make available to the public

9 publications, and other forms of information the man10 agement conference determines to be appropriate, re11 lating to the environmental quality of the Basin.

12 ‘‘(d) GRANTS.—The Administrator may make

13 grants—

14 ‘‘(1) for restoration projects and studies rec15 ommended by a management conference convened for

16 the Basin under section 320;

17 ‘‘(2) for public education projects recommended

18 by the management conference; and

19 ‘‘(3) for the inflow and infiltration project spon20 sored by the New Orleans Sewerage and Water Board

21 and Jefferson Parish, Louisiana.

22 ‘‘(e) DEFINITIONS.—In this section, the following defi23 nitions apply:

24 ‘‘(1) BASIN.—The term ‘Basin’ means the Lake

25 Pontchartrain Basin, a 5,000 square mile watershed
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1 encompassing 16 parishes in the State of Louisiana

2 and four counties in the State of Mississippi.

3 ‘‘(2) PROGRAM.—The term ‘program’ means the

4 Lake Pontchartrain Basin Restoration Program es5 tablished under subsection (a).

6 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—

7 ‘‘(1) IN GENERAL.—There is authorized to be

8 appropriated—

9 ‘‘(A) $100,000,000 for the inflow and infil10 tration project sponsored by the New Orleans

11 Sewerage and Water Board and Jefferson Par12 ish, Louisiana; and

13 ‘‘(B) $5,000,000 for each of fiscal years

14 2001 through 2005 to carry out this section.

15 Such sums shall remain available until expended.

16 ‘‘(2) PUBLIC EDUCATION PROJECTS.—Not more

17 that 15 percent of the amount appropriated pursuant

18 to paragraph (1)(B) in a fiscal year may be expended

19 on grants for public education projects under sub20 section (d)(2).’’.

21 SEC. 604. SENSE OF THE CONGRESS.

22 It is the sense of the Congress that all recipients of

23 grants pursuant to this title shall abide by the Buy Amer24 ican Act. The Administrator of the Environmental Protec-
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1 tion Agency shall give notice of the Buy American Act re2 quirements to grant applicants.

3 TITLE VII—ALTERNATIVE WATER

4 SOURCES

5 SEC. 701. SHORT TITLE.

6 This title may be cited as the ‘‘Alternative Water

7 Sources Act of 2000’’.

8 SEC. 702. GRANTS FOR ALTERNATIVE WATER SOURCE

9 PROJECTS.

10 Title II of the Federal Water Pollution Control Act (33

11 U.S.C. 1281 et seq.) is amended by adding at the end the

12 following:

13 ‘‘SEC. 220. GRANTS FOR ALTERNATIVE WATER SOURCE

14 PROJECTS.

15 ‘‘(a) IN GENERAL.—The Administrator may make

16 grants to State, interstate, and intrastate water resource

17 development agencies (including water management dis18 tricts and water supply authorities), local government agen19 cies, private utilities, and nonprofit entities for alternative

20 water source projects to meet critical water supply needs.

21 ‘‘(b) ELIGIBLE ENTITY.—The Administrator may

22 make grants under this section to an entity only if the enti23 ty has authority under State law to develop or provide

24 water for municipal, industrial, and agricultural uses in
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1 an area of the State that is experiencing critical water sup2 ply needs.

3 ‘‘(c) SELECTION OF PROJECTS.—

4 ‘‘(1) LIMITATION.—A project that has received

5 funds under the reclamation and reuse program con6 ducted under the Reclamation Projects Authorization

7 and Adjustment Act of 1992 (43 U.S.C. 390h et seq.)

8 shall not be eligible for grant assistance under this

9 section.

10 ‘‘(2) ADDITIONAL CONSIDERATION.—In making

11 grants under this section, the Administrator shall

12 consider whether the project is located within the

13 boundaries of a State or area referred to in section

14 1 of the Reclamation Act of June 17, 1902 (32 Stat.

15 385), and within the geographic scope of the reclama16 tion and reuse program conducted under the Rec17 lamation Projects Authorization and Adjustment Act

18 of 1992 (43 U.S.C. 390h et seq.).

19 ‘‘(d) COMMITTEE RESOLUTION PROCEDURE.—

20 ‘‘(1) IN GENERAL.—No appropriation shall be

21 made for any alternative water source project under

22 this section, the total Federal cost of which exceeds

23 $3,000,000, if such project has not been approved by

24 a resolution adopted by the Committee on Transpor25 tation and Infrastructure of the House of Representa-
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1 tives or the Committee on Environment and Public

2 Works of the Senate.

3 ‘‘(2) REQUIREMENTS FOR SECURING CONSIDER4 ATION.—For purposes of securing consideration of ap5 proval under paragraph (1), the Administrator shall

6 provide to a committee referred to in paragraph (1)

7 such information as the committee requests and the

8 non-Federal sponsor shall provide to the committee

9 information on the costs and relative needs for the al10 ternative water source project.

11 ‘‘(e) USES OF GRANTS.—Amounts from grants received

12 under this section may be used for engineering, design, con13 struction, and final testing of alternative water source

14 projects designed to meet critical water supply needs. Such

15 amounts may not be used for planning, feasibility studies

16 or for operation, maintenance, replacement, repair, or reha17 bilitation.

18 ‘‘(f) COST SHARING.—The Federal share of the eligible

19 costs of an alternative water source project carried out

20 using assistance made available under this section shall not

21 exceed 50 percent.

22 ‘‘(g) REPORTS.—

23 ‘‘(1) REPORTS TO ADMINISTRATOR.—Each re24 cipient of a grant under this section shall submit to

25 the Administrator, not later than 18 months after the
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1 date of receipt of the grant and biennially thereafter

2 until completion of the alternative water source

3 project funded by the grant, a report on eligible ac4 tivities carried out by the grant recipient using

5 amounts from the grant.

6 ‘‘(2) REPORT TO CONGRESS.—On or before Sep7 tember 30, 2005, the Administrator shall transmit to

8 Congress a report on the progress made toward meet9 ing the critical water supply needs of the grant re10 cipients under this section.

11 ‘‘(h) DEFINITIONS.—In this section, the following defi12 nitions apply:

13 ‘‘(1) ALTERNATIVE WATER SOURCE PROJECT.—

14 The term ‘alternative water source project’ means a

15 project designed to provide municipal, industrial, and

16 agricultural water supplies in an environmentally

17 sustainable manner by conserving, managing, re18 claiming, or reusing water or wastewater or by treat19 ing wastewater.

20 ‘‘(2) CRITICAL WATER SUPPLY NEEDS.—The

21 term ‘critical water supply needs’ means existing or

22 reasonably anticipated future water supply needs that

23 cannot be met by existing water supplies, as identi24 fied in a comprehensive statewide or regional water
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1 supply plan or assessment projected over a planning

2 period of at least 20 years.

3 ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—There is

4 authorized to be appropriated to carry out this section

5 $75,000,000 for each of fiscal years 2000 through 2004.

6 Such sums shall remain available until expended.’’.

7 SEC. 703. SENSE OF THE CONGRESS; REQUIREMENT RE8 GARDING NOTICE.

9 (a) PURCHASE OF AMERICAN-MADE EQUIPMENT AND

10 PRODUCTS.—In the case of any equipment or products that

11 may be authorized to be purchased with financial assistance

12 provided under this title (including any amendment made

13 by this title), it is the sense of the Congress that entities

14 receiving such assistance should, in expending the assist15 ance, purchase only American-made equipment and prod16 ucts.

17 (b) NOTICE TO RECIPIENTS OF ASSISTANCE.—In pro18 viding financial assistance under this title (including any

19 amendment made by this title), the head of each Federal

20 agency shall provide to each recipient of the assistance a

21 notice describing the statement made in subsection (a) by

22 Congress.

23 (c) NOTICE OF REPORT.—Any entity which receives

24 funds under this title shall report any expenditures on for-
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1 eign-made items to Congress within 180 days of the expend2 iture.

3 TITLE VIII—CLEAN LAKES

4 SEC. 801. GRANTS TO STATES.

5 Section 314(c)(2) of the Federal Water Pollution Con6 trol Act (33 U.S.C. 1324(c)(2)) is amended by striking

7 ‘‘$50,000,000’’ the first place it appears and all that follows

8 through ‘‘1990’’ and inserting ‘‘$50,000,000 for each of fis9 cal years 2001 through 2005’’.

10 SEC. 802. DEMONSTRATION PROGRAM.

11 Section 314(d) of the Federal Water Pollution Control

12 Act (33 U.S.C. 1324(d)) is amended—

13 (1) in paragraph (2) by inserting ‘‘Otsego Lake,

14 New York; Oneida Lake, New York; Raystown Lake,

15 Pennsylvania; Swan Lake, Itasca County, Min16 nesota;’’ after ‘‘Sauk Lake, Minnesota;’’;

17 (2) in paragraph (3) by striking ‘‘By’’ and in18 serting ‘‘Notwithstanding section 3003 of the Federal

19 Reports Elimination and Sunset Act of 1995 (31

20 U.S.C. 1113 note; 109 Stat. 734–736), by’’; and

21 (3) in paragraph (4)(B)(i) by striking

22 ‘‘$15,000,000’’ and inserting ‘‘$25,000,000’’.
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1 SEC. 803. SENSE OF THE CONGRESS; REQUIREMENT RE2 GARDING NOTICE.

3 (a) PURCHASE OF AMERICAN-MADE EQUIPMENT AND

4 PRODUCTS.—In the case of any equipment or products that

5 may be authorized to be purchased with financial assistance

6 provided under this title (including any amendment made

7 by this title), it is the sense of the Congress that entities

8 receiving such assistance should, in expending the assist9 ance, purchase only American-made equipment and prod10 ucts.

11 (b) NOTICE TO RECIPIENTS OF ASSISTANCE.—In pro12 viding financial assistance under this title (including any

13 amendment made by this title), the head of each Federal

14 agency shall provide to each recipient of the assistance a

15 notice describing the statement made in subsection (a) by

16 Congress.

17 (c) NOTICE OF REPORT.—Any entity which receives

18 funds under this title shall report any expenditures on for19 eign-made items to Congress within 180 days of expendi20 ture.

21 TITLE IX—MISSISSIPPI SOUND

22 RESTORATION

23 SEC. 901. SHORT TITLE.

24 This title may be cited as the ‘‘Mississippi Sound Res25 toration Act of 2000’’.
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1 SEC. 902. NATIONAL ESTUARY PROGRAM.

2 (a) FINDING.—Congress finds that the Mississippi

3 Sound is an estuary of national significance.

4 (b) ADDITION TO NATIONAL ESTUARY PROGRAM.—

5 Section 320(a)(2)(B) of the Federal Water Pollution Con6 trol Act (33 U.S.C. 1330(a)(2)(B)) is further amended by

7 inserting ‘‘Mississippi Sound, Mississippi;’’ before ‘‘and

8 Peconic Bay, New York.’’.

9 SEC. 903. MISSISSIPPI SOUND.

10 Title I of the Federal Water Pollution Control Act (33

11 U.S.C. 1251 et seq.) is further amended by adding at the

12 end the following:

13 ‘‘SEC. 123. MISSISSIPPI SOUND.

14 ‘‘(a) ESTABLISHMENT OF RESTORATION PROGRAM.—

15 The Administrator shall establish within the Environ16 mental Protection Agency the Mississippi Sound Restora17 tion Program.

18 ‘‘(b) PURPOSE.—The purpose of the program shall be

19 to restore the ecological health of the Sound, including bar20 rier islands, coastal wetlands, keys, and reefs, by developing

21 and funding restoration projects and related scientific and

22 public education projects and by coordinating efforts among

23 Federal, State, and local governmental agencies and non24 regulatory organizations.

25 ‘‘(c) DUTIES.—In carrying out the program, the Ad26 ministrator shall—
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1 ‘‘(1) provide administrative and technical assist2 ance to a management conference convened for the

3 Sound under section 320;

4 ‘‘(2) assist and support the activities of the man5 agement conference, including the implementation of

6 recommendations of the management conference;

7 ‘‘(3) support environmental monitoring of the

8 Sound and research to provide necessary technical

9 and scientific information;

10 ‘‘(4) develop a comprehensive research plan to

11 address the technical needs of the program;

12 ‘‘(5) coordinate the grant, research, and plan13 ning programs authorized under this section; and

14 ‘‘(6) collect and make available to the public

15 publications, and other forms of information the man16 agement conference determines to be appropriate, re17 lating to the environmental quality of the Sound.

18 ‘‘(d) GRANTS.—The Administrator may make

19 grants—

20 ‘‘(1) for restoration projects and studies rec21 ommended by a management conference convened for

22 the Sound under section 320; and

23 ‘‘(2) for public education projects recommended

24 by the management conference.
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1 ‘‘(e) DEFINITIONS.—In this section, the following defi2 nitions apply:

3 ‘‘(1) SOUND.—The term ‘Sound’ means the Mis4 sissippi Sound located on the Gulf Coast of the State

5 of Mississippi.

6 ‘‘(2) PROGRAM.—The term ‘program’ means the

7 Mississippi Sound Restoration Program established

8 under subsection (a).

9 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There is

10 authorized to be appropriated $10,000,000 to carry out this

11 section. Such sums shall remain available until expended.’’.

12 SEC. 904. SENSE OF THE CONGRESS.

13 It is the sense of the Congress that all recipients of

14 grants under this title (including amendments made by this

15 title) shall abide by the Buy American Act. The Adminis16 trator of the Environmental Protection Agency shall give

17 notice of the Buy American Act requirements to grant ap18 plicants under this title.

19 TITLE X—TIJUANA RIVER VAL20 LEY ESTUARY AND BEACH

21 CLEANUP

22 SEC. 1001. SHORT TITLE.

23 This title may be cited as the ‘‘Tijuana River Valley

24 Estuary and Beach Sewage Cleanup Act of 2000’’.
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1 SEC. 1002. PURPOSE.

2 The purpose of this title is to authorize the United

3 States to take actions to address comprehensively the treat4 ment of sewage emanating from the Tijuana River area,

5 Mexico, that flows untreated or partially treated into the

6 United States causing significant adverse public health and

7 environmental impacts.

8 SEC. 1003. DEFINITIONS.

9 In this title, the following definitions apply:

10 (1) ADMINISTRATOR.—The term ‘‘Adminis11 trator’’ means the Administrator of the Environ12 mental Protection Agency.

13 (2) COMMISSION.—The term ‘‘Commission’’

14 means the United States section of the International

15 Boundary and Water Commission, United States and

16 Mexico.

17 (3) IWTP.—The term ‘‘IWTP’’ means the South

18 Bay International Wastewater Treatment Plant con19 structed under the provisions of the Federal Water

20 Pollution Control Act (33 U.S.C. 1251 et seq.), section

21 510 of the Water Quality Act of 1987 (101 Stat. 80–

22 82), and Treaty Minutes to the Treaty for the Utiliza23 tion of Waters of the Colorado and Tijuana Rivers

24 and of the Rio Grande, dated February 3, 1944.

25 (4) SECONDARY TREATMENT.—The term ‘‘sec26 ondary treatment’’ has the meaning such term has
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1 under the Federal Water Pollution Control Act and

2 its implementing regulations.

3 (5) SECRETARY.—The term ‘‘Secretary’’ means

4 the Secretary of State.

5 (6) MEXICAN FACILITY.—The term ‘‘Mexican fa6 cility’’ means a proposed public-private wastewater

7 treatment facility to be constructed and operated

8 under this title within Mexico for the purpose of

9 treating sewage flows generated within Mexico, which

10 flows impact the surface waters, health, and safety of

11 the United States and Mexico.

12 (7) MGD.—The term ‘‘mgd’’ means million gal13 lons per day.

14 SEC. 1004. ACTIONS TO BE TAKEN BY THE COMMISSION AND

15 THE ADMINISTRATOR.

16 (a) SECONDARY TREATMENT.—

17 (1) IN GENERAL.—Subject to the negotiation and

18 conclusion of a new Treaty Minute or the amendment

19 of Treaty Minute 283 under section 1005 of this Act,

20 and notwithstanding section 510(b)(2) of the Water

21 Quality Act of 1987 (101 Stat. 81), the Commission

22 is authorized and directed to provide for the sec23 ondary treatment of a total of not more than 50 mgd

24 in Mexico—
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1 (A) of effluent from the IWTP if such treat2 ment is not provided for at a facility in the

3 United States; and

4 (B) of additional sewage emanating from

5 the Tijuana River area, Mexico.

6 (2) ADDITIONAL AUTHORITY.—Subject to the re7 sults of the comprehensive plan developed under sub8 section (b) revealing a need for additional secondary

9 treatment capacity in the San Diego-Tijuana border

10 region and recommending the provision of such ca11 pacity in Mexico, the Commission may provide not

12 more than an additional 25 mgd of secondary treat13 ment capacity in Mexico for treatment described in

14 paragraph (1).

15 (b) COMPREHENSIVE PLAN.—Not later than 24 months

16 after the date of the enactment of this Act, the Adminis17 trator shall develop a comprehensive plan with stakeholder

18 involvement to address the transborder sanitation problems

19 in the San Diego-Tijuana border region. The plan shall in20 clude, at a minimum—

21 (1) an analysis of the long-term secondary treat22 ment needs of the region;

23 (2) an analysis of upgrades in the sewage collec24 tion system serving the Tijuana area, Mexico; and
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1 (3) an identification of options, and rec2 ommendations for preferred options, for additional

3 sewage treatment capacity for future flows emanating

4 from the Tijuana River area, Mexico.

5 (c) CONTRACT.—

6 (1) IN GENERAL.—Subject to the availability of

7 appropriations to carry out this subsection and not8 withstanding any provision of Federal procurement

9 law, upon conclusion of a new Treaty Minute or the

10 amendment of Treaty Minute 283 under section 5, the

11 Commission may enter into a fee-for-services contract

12 with the owner of a Mexican facility in order to carry

13 out the secondary treatment requirements of sub14 section (a) and make payments under such contract.

15 (2) TERMS.—Any contract under this subsection

16 shall provide, at a minimum, for the following:

17 (A) Transportation of the advanced pri18 mary effluent from the IWTP to the Mexican fa19 cility for secondary treatment.

20 (B) Treatment of the advanced primary ef21 fluent from the IWTP to the secondary treatment

22 level in compliance with water quality laws of

23 the United States, California, and Mexico.

24 (C) Return conveyance from the Mexican

25 facility of any such treated effluent that cannot
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1 be reused in either Mexico or the United States

2 to the South Bay Ocean Outfall for discharge

3 into the Pacific Ocean in compliance with water

4 quality laws of the United States and California.

5 (D) Subject to the requirements of sub6 section (a), additional sewage treatment capacity

7 that provides for advanced primary and sec8 ondary treatment of sewage described in sub9 section (a)(1)(B) in addition to the capacity re10 quired to treat the advanced primary effluent

11 from the IWTP.

12 (E) A contract term of 30 years.

13 (F) Arrangements for monitoring,

14 verification, and enforcement of compliance with

15 United States, California, and Mexican water

16 quality standards.

17 (G) Arrangements for the disposal and use

18 of sludge, produced from the IWTP and the

19 Mexican facility, at a location or locations in

20 Mexico.

21 (H) Payment of fees by the Commission to

22 the owner of the Mexican facility for sewage

23 treatment services with the annual amount pay24 able to reflect all agreed upon costs associated

25 with the development, financing, construction,
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1 operation, and maintenance of the Mexican facil2 ity.

3 (I) Provision for the transfer of ownership

4 of the Mexican facility to the United States, and

5 provision for a cancellation fee by the United

6 States to the owner of the Mexican facility, if the

7 Commission fails to perform its obligations

8 under the contract. The cancellation fee shall be

9 in amounts declining over the term of the con10 tract anticipated to be sufficient to repay con11 struction debt and other amounts due to the

12 owner that remain unamortized due to early ter13 mination of the contract.

14 (J) Provision for the transfer of ownership

15 of the Mexican facility to the United States,

16 without a cancellation fee, if the owner of the

17 Mexican facility fails to perform the obligations

18 of the owner under the contract.

19 (K) To the extent practicable, the use of

20 competitive procedures by the owner of the Mexi21 can facility in the procurement of property or

22 services for the engineering, construction, and

23 operation and maintenance of the Mexican facil24 ity.
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1 (L) An opportunity for the Commission to

2 review and approve the selection of contractors

3 providing engineering, construction, and oper4 ation and maintenance for the Mexican facility.

5 (M) The maintenance by the owner of the

6 Mexican facility of all records (including books,

7 documents, papers, reports, and other materials)

8 necessary to demonstrate compliance with the

9 terms of this Act and the contract.

10 (N) Access by the Inspector General of the

11 Department of State or the designee of the In12 spector General for audit and examination of all

13 records maintained pursuant to subparagraph

14 (M) to facilitate the monitoring and evaluation

15 required under subsection (d).

16 (3) LIMITATION.—The Contract Disputes Act of

17 1978 (41 U.S.C. 601–613) shall not apply to a con18 tract executed under this section.

19 (d) IMPLEMENTATION.—

20 (1) IN GENERAL.—The Inspector General of the

21 Department of State shall monitor the implementa22 tion of any contract entered into under this section

23 and evaluate the extent to which the owner of the

24 Mexican facility has met the terms of this section and

25 fulfilled the terms of the contract.
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1 (2) REPORT.—The Inspector General shall trans2 mit to Congress a report containing the evaluation

3 under paragraph (1) not later than 2 years after the

4 execution of any contract with the owner of the Mexi5 can facility under this section, 3 years thereafter, and

6 periodically after the second report under this para7 graph.

8 SEC. 1005. NEGOTIATION OF NEW TREATY MINUTE.

9 (a) CONGRESSIONAL STATEMENT.—In light of the ex10 isting threat to the environment and to public health and

11 safety within the United States as a result of the river and

12 ocean pollution in the San Diego-Tijuana border region,

13 the Secretary is requested to give the highest priority to the

14 negotiation and execution of a new Treaty Minute, or a

15 modification of Treaty Minute 283, consistent with the pro16 visions of this title, in order that the other provisions of

17 this title to address such pollution may be implemented as

18 soon as possible.

19 (b) NEGOTIATION.—

20 (1) INITIATION.—The Secretary is requested to

21 initiate negotiations with Mexico, within 60 days

22 after the date of the enactment of this Act, for a new

23 Treaty Minute or a modification of Treaty Minute

24 283 consistent with the provisions of this title.
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1 (2) IMPLEMENTATION.—Implementation of a

2 new Treaty Minute or of a modification of Treaty

3 Minute 283 under this title shall be subject to the pro4 visions of the National Environmental Policy Act of

5 1969 (42 U.S.C. 4321 et seq.).

6 (3) MATTERS TO BE ADDRESSED.—A new Trea7 ty Minute or a modification of Treaty Minute 283

8 under paragraph (1) should address, at a minimum,

9 the following:

10 (A) The siting of treatment facilities in

11 Mexico and in the United States.

12 (B) Provision for the secondary treatment of

13 effluent from the IWTP at a Mexican facility if

14 such treatment is not provided for at a facility

15 in the United States.

16 (C) Provision for additional capacity for

17 advanced primary and secondary treatment of

18 additional sewage emanating from the Tijuana

19 River area, Mexico, in addition to the treatment

20 capacity for the advanced primary effluent from

21 the IWTP at the Mexican facility.

22 (D) Provision for any and all approvals

23 from Mexican authorities necessary to facilitate

24 water quality verification and enforcement at the

25 Mexican facility.
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1 (E) Any terms and conditions considered

2 necessary to allow for use in the United States

3 of treated effluent from the Mexican facility, if

4 there is reclaimed water which is surplus to the

5 needs of users in Mexico and such use is con6 sistent with applicable United States and Cali7 fornia law.

8 (F) Any other terms and conditions consid9 ered necessary by the Secretary in order to im10 plement the provisions of this title.

11 SEC. 1006. AUTHORIZATION OF APPROPRIATIONS.

12 There are authorized to be appropriated such sums as

13 may be necessary to carry out this title.

Attest:

Clerk.

106TH CONGRESS

2D SESSION S. 835

AMENDMENT