II

104TH CONGRESS

1ST SESSION S. 936

To amend the Federal Water Pollution Control Act to assist in the restoration

of the Chesapeake Bay, and for other purposes.

IN THE SENATE OF THE UNITED STATES

JUNE 16 (legislative day, JUNE 5), 1995

Mr. SARBANES (for himself, Mr. WARNER, Ms. MIKULSKI, and Mr. ROBB) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works

A BILL

To amend the Federal Water Pollution Control Act to assist

in the restoration of the Chesapeake Bay, 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.

4 This Act may be cited as the ‘‘Chesapeake Bay Res5 toration Act of 1995’’.

6 SEC. 2. 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;
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1 (2) in recent years, the productivity and water

2 quality of the Chesapeake Bay and the tributaries of

3 the Bay have been diminished by pollution, excessive

4 sedimentation, shoreline erosion, the impacts of

5 growth and development of population in the Chesa6 peake Bay watershed, and other factors;

7 (3) the Federal Government, State govern8 ments, the District of Columbia and the govern9 ments of political subdivisions of the States with ju10 risdiction over the Chesapeake Bay watershed have

11 committed to a comprehensive and cooperative pro12 gram to achieve improved water quality and im13 provements in the productivity of living resources of

14 the Bay;

15 (4) the cooperative program described in para16 graph (3) serves as a national model for the man17 agement of estuaries; and

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

19 for research, monitoring, management, and restora20 tion activities in the Chesapeake Bay and the tribu21 taries of the Bay in order to meet and further the

22 goals and commitments of the Chesapeake Bay Pro23 gram.

24 (b) PURPOSES.—The purposes of this Act are to—
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1 (1) expand and strengthen the cooperative ef2 forts to restore and protect the Chesapeake Bay;

3 and

4 (2) achieve the goals embodied in the Chesa5 peake Bay Agreement.

6 SEC. 3. CHESAPEAKE BAY.

7 Section 117 of the Federal Water Pollution Control

8 Act (33 U.S.C. 1267) is amended to read as follows:

9 ‘‘CHESAPEAKE BAY

10 ‘‘SEC. 117. (a) DEFINITIONS.—In this section:

11 ‘‘(1) CHESAPEAKE BAY AGREEMENT.—The

12 term ‘Chesapeake Bay Agreement’ means the for13 mal, voluntary agreements executed to achieve the

14 goal of restoring and protecting the Chesapeake Bay

15 ecosystem and the living resources of the ecosystem

16 and signed by the Governor of the State of Mary17 land, the Governor of the Commonwealth of Penn18 sylvania, the Governor of the Commonwealth of Vir19 ginia, the Mayor of the District of Columbia, the

20 chairman of the tri-State Chesapeake Bay Commis21 sion, and the Administrator, on behalf of the execu22 tive branch of the Federal Government.

23 ‘‘(2) CHESAPEAKE BAY PROGRAM.—The term

24 ‘Chesapeake Bay Program’ means the program di25 rected by the Chesapeake Executive Council in ac26 cordance with the Chesapeake Bay Agreement.
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1 ‘‘(3) CHESAPEAKE BAY WATERSHED.—The

2 term ‘Chesapeake Bay watershed’ shall have the

3 meaning determined by the Administrator.

4 ‘‘(4) CHESAPEAKE EXECUTIVE COUNCIL.—The

5 term ‘Chesapeake Executive Council’ means the sig6 natories to the Chesapeake Bay Agreement.

7 ‘‘(5) SIGNATORY JURISDICTION.—The term

8 ‘signatory jurisdiction’ means a jurisdiction of a sig9 natory to the Chesapeake Bay Agreement.

10 ‘‘(b) CONTINUATION OF CHESAPEAKE BAY PRO11 GRAM.—

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

13 Chesapeake Executive Council (and as a member of

14 the Council), the Administrator shall continue the

15 Chesapeake Bay Program.

16 ‘‘(2) PROGRAM OFFICE.—The Administrator

17 shall maintain in the Environmental Protection

18 Agency a Chesapeake Bay Program Office. The

19 Chesapeake Bay Program Office shall provide sup20 port to the Chesapeake Executive Council by—

21 ‘‘(A) implementing and coordinating

22 science, research, modeling, support services,

23 monitoring, and data collection activities that

24 support the Chesapeake Bay Program;
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1 ‘‘(B) making available, through publica2 tions, technical assistance, and other appro3 priate means, information pertaining to the en4 vironmental quality and living resources of the

5 Chesapeake Bay Program;

6 ‘‘(C) in cooperation with appropriate Fed7 eral, State, and local authorities, assisting the

8 signatories to the Chesapeake Bay Agreement

9 that participate in the Chesapeake Bay Pro10 gram in developing and implementing specific

11 action plans to carry out the responsibilities of

12 the authorities under the Chesapeake Bay

13 Agreement;

14 ‘‘(D) assisting the Administrator in coordi15 nating the actions of the Environmental Protec16 tion Agency with the actions of the appropriate

17 officials of other Federal agencies and State

18 and local authorities in developing strategies

19 to—

20 ‘‘(i) improve the water quality and liv21 ing resources of the Chesapeake Bay; and

22 ‘‘(ii) obtain the support of the appro23 priate officials of the agencies and authori24 ties in achieving the objectives of the

25 Chesapeake Bay Agreement; and
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1 ‘‘(E) implementing outreach programs for

2 public information, education, and participation

3 to foster stewardship of the resources of the

4 Chesapeake Bay.

5 ‘‘(3) INTERAGENCY COOPERATION AND COORDI6 NATION.—

7 ‘‘(A) IN GENERAL.—There is established a

8 Chesapeake Bay Federal Agencies Committee

9 (referred to in this paragraph as the ‘Commit10 tee’). The purposes of the Committee shall be

11 to—

12 ‘‘(i) facilitate collaboration, coopera13 tion, and coordination among Federal

14 agencies and programs of Federal agencies

15 in support of the restoration of the Chesa16 peake Bay;

17 ‘‘(ii) ensure the integration of Federal

18 activities relating to the restoration of the

19 Chesapeake Bay with State and local res20 toration activities, and the restoration ac21 tivities of nongovernmental entities; and

22 ‘‘(iii) provide a framework for activi23 ties that effectively focus the expertise and

24 resources of Federal agencies on problems

25 identified by the Committee in such man-
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1 ner as to produce demonstrable environ2 mental results and demonstrable improve3 ments in programs of Federal agencies.

4 ‘‘(B) DUTIES OF THE COMMITTEE.—The

5 Committee shall share information, set prior6 ities, and develop and implement plans, pro7 grams, and projects for collaborative activities

8 to carry out the following duties:

9 ‘‘(i) Reviewing all Federal research,

10 monitoring, regulatory, planning, edu11 cational, financial, and technical assist12 ance, and other programs that the Com13 mittee determines to be appropriate, that

14 relate to the maintenance, restoration,

15 preservation, or enhancement of the envi16 ronmental quality and natural resources of

17 the Chesapeake Bay.

18 ‘‘(ii) Reviewing each Federal program

19 administered by the head of each partici20 pating Federal agency that may influence

21 or contribute to point and nonpoint source

22 pollution and establishing a means for the

23 mitigation of any potential impacts of the

24 pollution.
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1 ‘‘(iii) Developing and implementing an

2 annual and long-range work program that

3 specifies the responsibilities of each Fed4 eral agency in meeting commitments and

5 goals of the Chesapeake Bay Agreement.

6 ‘‘(iv) Assessing priority needs and

7 making recommendations to the Chesa8 peake Executive Council for improved envi9 ronmental and living resources manage10 ment of the Chesapeake Bay ecosystem.

11 ‘‘(C) APPOINTMENT OF MEMBERS.—The

12 members of the Committee shall be appointed

13 as follows:

14 ‘‘(i) At least 1 member who is an em15 ployee of the Environmental Protection

16 Agency shall be appointed by the Adminis17 trator.

18 ‘‘(ii) At least 1 member who is an em19 ployee of the National Oceanic and Atmos20 pheric Administration of the Department

21 of Commerce shall be appointed by the

22 Secretary of Commerce.

23 ‘‘(iii) At least 3 members shall be ap24 pointed by the Secretary of the Interior, of

25 whom—
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1 ‘‘(I) 1 member shall be an em2 ployee of the United States Fish and

3 Wildlife Service;

4 ‘‘(II) 1 member shall be an em5 ployee of the National Park Service;

6 and

7 ‘‘(III) 1 member shall be an em8 ployee of the United States Geological

9 Survey.

10 ‘‘(iv) At least 4 members shall be ap11 pointed by the Secretary of Agriculture, of

12 whom—

13 ‘‘(I) 1 member shall be an em14 ployee of the Natural Resources Con15 servation Service;

16 ‘‘(II) 1 member shall be an em17 ployee of the Forest Service;

18 ‘‘(III) 1 member shall be an em19 ployee of the Consolidated Farm Serv20 ice Agency; and

21 ‘‘(IV) 1 member shall be an em22 ployee of the Cooperative State Re23 search, Education, and Extension

24 Service.
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1 ‘‘(v) At least 3 members shall be ap2 pointed by the Secretary of Defense, of

3 whom—

4 ‘‘(I) at least 2 members shall be

5 employees of the Department of the

6 Army, of whom 1 member shall be an

7 employee of the Army Corps of Engi8 neers; and

9 ‘‘(II) 1 member shall be an em10 ployee of the Department of the Navy.

11 ‘‘(vi) At least 1 member who is an

12 employee of the Federal Highway Adminis13 tration shall be appointed by the Secretary

14 of Transportation.

15 ‘‘(vii) At least 1 member who is an

16 employee of the Coast Guard shall be ap17 pointed by the head of the department in

18 which the Coast Guard is operating.

19 ‘‘(viii) At least 1 member shall be ap20 pointed by the Secretary of Housing and

21 Urban Development.

22 ‘‘(ix) At least 1 member shall be ap23 pointed by Board of Regents of the Smith24 sonian Institution.
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1 ‘‘(D) CHAIRPERSON.—The Committee

2 shall, at the initial meeting of the Committee,

3 and biennially thereafter, select a Chairperson

4 from among the members of the Committee.

5 ‘‘(E) PROCEDURES.—The Committee may

6 establish such rules and procedures (including

7 rules and procedures relating to the internal

8 structure and function of the Committee) as the

9 Committee determines to be necessary to best

10 fulfill the responsibilities of the Committee.

11 ‘‘(F) MEETINGS.—The initial meeting of

12 the Committee shall be not later than 60 days

13 after the date of enactment of this subpara14 graph. Subsequent meetings shall be held on a

15 regular basis at the call of the Chairperson.

16 ‘‘(c) REPORTS.—The Committee shall prepare and

17 submit to the President a report to be submitted to Con18 gress that identifies—

19 ‘‘(1) the activities that have been carried out or

20 are being undertaken to carry out the responsibil21 ities of the Federal agency under this section or that

22 are otherwise required under the Chesapeake Bay

23 Program;

24 ‘‘(2) planned activities to carry out the respon25 sibilities referred to in paragraph (1); and
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1 ‘‘(3) the resources provided by the Federal

2 agency to meet the responsibilities of the agency

3 under this section and under the Chesapeake Bay

4 Program.

5 ‘‘(d) INTERSTATE DEVELOPMENT PLAN GRANTS.—

6 ‘‘(1) AUTHORITY.—The Administrator shall, at

7 the request of the Governor of a State affected by

8 the interstate management plan developed pursuant

9 to the Chesapeake Bay Program (referred to in this

10 subsection as the ‘plan’), make a grant for the pur11 pose of implementing the management mechanisms

12 contained in the plan if the State has, within 1 year

13 after the date of enactment of the Chesapeake Bay

14 Restoration Act of 1995, approved and committed to

15 implement all or substantially all aspects of the plan.

16 The grants shall be made subject to such terms and

17 conditions as the Administrator considers appro18 priate.

19 ‘‘(2) SUBMISSION OF PROPOSAL.—A State or

20 combination of States may apply for the benefits

21 provided under this subsection by submitting to the

22 Administrator a comprehensive proposal to imple23 ment management mechanisms contained in the

24 plan, which shall include—
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1 ‘‘(A) a description of proposed abatement

2 actions that the State or combination of States

3 commits to take within a specified time period

4 to reduce pollution in the Chesapeake Bay and

5 to meet applicable water quality standards; and

6 ‘‘(B) the estimated cost of the abatement

7 actions proposed to be taken during the next

8 fiscal year.

9 If the Administrator finds that the proposal is con10 sistent with the plan and the national policies set

11 forth in section 101(a), the Administrator shall ap12 prove the proposal.

13 ‘‘(3) FEDERAL SHARE.—For any fiscal year,

14 the amount of grants made under this subsection

15 shall not exceed 50 percent of the costs of imple16 menting the management mechanisms contained in

17 the plan during the fiscal year and shall be made on

18 the condition that non-Federal sources provide the

19 remainder of the cost of implementing the manage20 ment mechanisms contained in the plan during the

21 fiscal year.

22 ‘‘(4) ADMINISTRATIVE COSTS.—Administrative

23 costs in the form of salaries, overhead, or indirect

24 costs for services provided and charged against pro25 grams or projects supported by funds made available
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1 under this subsection shall not exceed in any 1 fiscal

2 year an amount equal to 10 percent of the annual

3 Federal grant made to a State under this sub4 section.

5 ‘‘(e) COMPLIANCE BY FEDERAL FACILITIES.—

6 ‘‘(1) ASSESSMENT.—Not later than 1 year after

7 the date of enactment of this subsection, and annu8 ally thereafter, the head of each Federal agency that

9 owns or operates a facility (as defined by the Admin10 istrator) within the Chesapeake Bay watershed shall

11 perform an assessment of the facility for the purpose

12 of ensuring consistency and compliance with the

13 commitments, goals, and objectives of the Chesa14 peake Bay Program and the enforceable require15 ments of this Act.

16 ‘‘(2) CONTENTS OF ASSESSMENTS.—The as17 sessment referred to in paragraph (1) shall identify

18 any then existing or potential impact on the water

19 quality or living resources of the Chesapeake Bay

20 (or both) by the facility, including any potential

21 land-use impacts of activities related to new develop22 ment, man-made obstructions to fish passage, shore23 line erosion, and ground water and storm water run24 off.
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1 ‘‘(3) STATE PLANS AND PROGRAMS.—To the

2 maximum extent practicable, the head of each Fed3 eral agency that owns or occupies real property in

4 the Chesapeake Bay watershed shall ensure con5 formance with any applicable State plan or program

6 to protect environmentally sensitive areas in the

7 Chesapeake Bay watershed.

8 ‘‘(4) REPORT REQUIREMENTS.—As part of each

9 report required under subsection (c)(3), the head of

10 each Federal agency shall include a detailed plan,

11 funding mechanism, and schedule for ensuring com12 pliance with this Act and addressing or mitigating

13 the impacts referred to in paragraph (2).

14 ‘‘(f) HABITAT RESTORATION AND ENHANCEMENT

15 DEMONSTRATION PROGRAM.—

16 ‘‘(1) ESTABLISHMENT OF PROGRAM.—The Ad17 ministrator, in cooperation with the heads of other

18 appropriate Federal agencies, agencies of States,

19 and political subdivisions of States, shall establish a

20 habitat restoration program in the Chesapeake Bay

21 watershed. The purpose of the program shall be to

22 develop and demonstrate cost-effective techniques for

23 restoring or enhancing wetlands, forest riparian

24 zones, and other types of habitat associated with the
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1 Chesapeake Bay and the tributaries of the Chesa2 peake Bay.

3 ‘‘(2) CRITERIA FOR IDENTIFICATION OF AREAS

4 FOR HABITAT RESTORATION.—Not later than 1 year

5 after the date of enactment of this subsection, the

6 Administrator, in consultation with the Chesapeake

7 Executive Council, shall develop criteria to identify

8 areas for habitat restoration, including—

9 ‘‘(A) unique, significant, or representative

10 habitat types;

11 ‘‘(B) areas that are subject to, or threat12 ened by, habitat loss or habitat degradation (or

13 both) attributable to human or natural causes;

14 and

15 ‘‘(C) areas inhabited by endangered,

16 threatened, or rare species, neotropical migra17 tory birds, or species that have a unique func18 tion within the Chesapeake Bay ecosystem.

19 ‘‘(3) PLAN.—Not later than 2 years after the

20 date of enactment of this subsection, the Adminis21 trator, in consultation with the Chesapeake Execu22 tive Council, shall develop a plan for the restoration

23 of wetlands, contiguous riparian forests, and other

24 habitats within the Chesapeake Bay watershed.
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1 ‘‘(4) DUTIES OF THE ADMINISTRATOR.—In car2 rying out the demonstration program under this

3 subsection, the Administrator, in consultation with

4 the Chesapeake Executive Council, shall—

5 ‘‘(A) identify opportunities for the restora6 tion of major habitat resources in the Chesa7 peake Bay watershed;

8 ‘‘(B) characterize the importance of the

9 habitat resources identified pursuant to sub10 paragraph (A) to the health and functioning of

11 the Chesapeake Bay ecosystem;

12 ‘‘(C) conduct a prerestoration characteriza13 tion assessment of each habitat resource identi14 fied pursuant to subparagraph (A) to evaluate

15 with respect to the habitat resource—

16 ‘‘(i) the potential effectiveness of a

17 restoration effort;

18 ‘‘(ii) enhancement options; and

19 ‘‘(iii) the cost-effectiveness of each ef20 fort or option referred to in clauses (i) and

21 (ii);

22 ‘‘(D) consider the degree to which restored

23 and enhanced habitats may—

24 ‘‘(i) mitigate the effects of nutrient

25 loading caused by nonpoint source pollu-
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1 tion from developed areas and agricultural

2 activities;

3 ‘‘(ii) reduce erosion and mitigate flood

4 damage; and

5 ‘‘(iii) assist in the protection or recov6 ery of living resources;

7 ‘‘(E) ensure coordination with all then ex8 isting management, regulatory, and incentive

9 programs;

10 ‘‘(F) implement habitat restoration

11 projects on a demonstration basis, including

12 submerged aquatic vegetation plantings, break13 waters, forest buffer strips, and artificial wet14 lands;

15 ‘‘(G) monitor and evaluate the effective16 ness of the demonstration projects;

17 ‘‘(H) establish and maintain a central

18 clearinghouse to facilitate access to information

19 related to habitat of the Chesapeake Bay water20 shed, including information relating to habitat

21 location, type, acreage, function, condition and

22 status, and restoration and design techniques

23 and trends related to the information; and

24 ‘‘(I) develop and carry out educational pro25 grams (including training programs), research
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1 programs, and programs for technical assist2 ance to assist in the efforts of State and local

3 governments and private citizens related to

4 habitat restoration and enhancement.

5 ‘‘(5) ASSISTANCE.—

6 ‘‘(A) IN GENERAL.—In carrying out the

7 demonstration program under this subsection,

8 the Administrator is authorized to provide, in

9 cooperation with the Chesapeake Executive

10 Council, technical assistance and financial as11 sistance in the form of a grant to any State

12 government, interstate entity, local government,

13 or any other public or nonprofit private agency

14 that submits an approved application.

15 ‘‘(B) FEDERAL SHARE OF GRANTS.—The

16 Federal share of the amount of any grant

17 awarded under this subsection shall be—

18 ‘‘(i) with respect to a project con19 ducted by the grant recipient on land

20 owned or leased by the Federal Govern21 ment, 100 percent of the cost of the activi22 ties that are the subject of the grant; and

23 ‘‘(ii) with respect to a project con24 ducted by the grant recipient on land that

25 is not owned or leased by the Federal Gov-
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1 ernment, 75 percent of the cost of the ac2 tivities that are the subject of the grant.

3 ‘‘(C) FEDERAL SHARE OF PROJECTS.—The

4 Federal share of any project conducted by the

5 Administrator under this subsection shall be—

6 ‘‘(i) with respect to a project con7 ducted on land owned or leased by the

8 Federal Government, 100 percent of the

9 cost of the activities that are the subject of

10 the project; and

11 ‘‘(ii) with respect to a project con12 ducted on land that is not owned or leased

13 by the Federal Government, 75 percent of

14 the cost of the activities that are the sub15 ject of the project.

16 ‘‘(6) HABITAT PROTECTION AND RESTORATION

17 PROGRESS ASSESSMENT.—Not later than 3 years

18 after the date of enactment of this subsection, and

19 biennially thereafter, the Administrator shall submit

20 a report to Congress concerning the results of the

21 demonstration projects conducted under the habitat

22 restoration demonstration program described in

23 paragraph (1). The report shall also include a sum24 mary of scientific information concerning habitat

25 restoration and protection in existence at the time of
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1 preparation of the report, and a description of meth2 ods, procedures, and processes to assist State and

3 local governments and other interested entities in

4 carrying out projects for the protection and restora5 tion of habitat that the Administrator determines to

6 be appropriate.

7 ‘‘(g) BASINWIDE TOXICS REDUCTION.—

8 ‘‘(1) IN GENERAL.—The Administrator, in co9 operation with the Chesapeake Executive Council,

10 shall develop a comprehensive basinwide toxics re11 duction strategy (referred to in this subsection as

12 the ‘Strategy’). The Strategy shall, with respect to

13 inputs of toxic pollutants to the Chesapeake Bay

14 and the tributaries of the Bay, establish basinwide

15 reduction objectives and describe actions that are

16 necessary to achieve a multijurisdictional approach

17 to the reduction of the inputs.

18 ‘‘(2) RESEARCH AND MONITORING.—The Ad19 ministrator shall undertake such research and mon20 itoring activities as the Administrator determines to

21 be necessary for the improvement of the understand22 ing of intermedia transfers of toxic pollutants and

23 the ultimate fate of the pollutants within the Chesa24 peake Bay ecosystem.
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1 ‘‘(3) ELEMENTS OF STRATEGY.—The Strategy

2 shall include a process to assist signatory jurisdic3 tions with—

4 ‘‘(A) improving the identification of the

5 sources and transport mechanisms of toxic pol6 lutant loadings to the Chesapeake Bay and the

7 tributaries of the Bay from point and nonpoint

8 sources; and

9 ‘‘(B) the periodic integration, in a consist10 ent format and manner, of the information ob11 tained pursuant to subparagraph (A) into a

12 toxics loading inventory for the Chesapeake

13 Bay.

14 ‘‘(4) DEADLINE FOR COMPLETION OF STRAT15 EGY.—The Strategy shall be completed not later

16 than 2 years after the date of enactment of this sub17 section.

18 ‘‘(5) FEDERAL ASSISTANCE.—The Adminis19 trator, in cooperation with the Chesapeake Executive

20 Council, shall provide such financial and technical

21 assistance as the Administrator determines to be

22 necessary to—

23 ‘‘(A) by not later than 1 year after the

24 date of enactment of this subsection, develop a

25 process to assist signatory jurisdictions—
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1 ‘‘(i) with improving the identification

2 of the sources and transport mechanisms

3 of toxic pollutant loadings to the Chesa4 peake Bay and the tributaries of the Bay

5 from point and nonpoint sources; and

6 ‘‘(ii) with the periodic integration, in

7 a consistent format and manner, of the in8 formation obtained pursuant to clause (i)

9 into a toxics loading inventory for the

10 Chesapeake Bay maintained pursuant to

11 the Chesapeake Bay Program (referred to

12 in this subsection as the ‘Chesapeake Bay

13 Program Toxics Loading Inventory’); and

14 ‘‘(B) by not later than 2 years after the

15 date of enactment of this subsection, commence

16 the implementation of toxics reduction, pollu17 tion prevention, and management actions de18 signed to achieve the toxics reduction goals of

19 the Chesapeake Bay Agreement.

20 ‘‘(6) ACTIONS.—The toxics reduction, pollution

21 prevention, and management actions referred to in

22 paragraph (5)(B) shall—

23 ‘‘(A) be based upon the findings and rec24 ommendations of a reevaluation of the Strategy;

25 and
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1 ‘‘(B) include targeted demonstration

2 projects designed to reduce the level of toxic

3 pollutant loadings from major sources identified

4 in the Chesapeake Bay Program Toxics Load5 ing Inventory.

6 ‘‘(h) CHESAPEAKE BAY WATERSHED, TRIBUTARY,

7 AND RIVER BASIN PROGRAM.—

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

9 after the date of enactment of this subsection, the

10 Administrator, in cooperation with the Chesapeake

11 Executive Council, the Secretary of Commerce (act12 ing through the Administrator of the National Oce13 anic and Atmospheric Administration), the Secretary

14 of the Interior (acting through the Director of the

15 United States Fish and Wildlife Service), and the

16 heads of such other Federal agencies as the Admin17 istrator determines to be appropriate, shall imple18 ment a coordinated research, monitoring, and data

19 collection program to—

20 ‘‘(A) assess the status of, and trends in,

21 the environmental quality and living resources

22 of the major tributaries, rivers, and streams

23 within the Chesapeake Bay watershed; and
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1 ‘‘(B) assist in the development of manage2 ment plans for the waters referred to in sub3 paragraph (A).

4 ‘‘(2) CONTENTS OF PROGRAM.—The program

5 referred to in paragraph (1) shall include—

6 ‘‘(A) a comprehensive inventory of water

7 quality and living resource data for waters with8 in the Chesapeake Bay watershed;

9 ‘‘(B) an assessment of major issues and

10 problems concerning water quality in the Chesa11 peake Bay watershed, including the extent to

12 which the waters provide for the protection and

13 propagation of a balanced indigenous popu14 lation of fish, shellfish, and wildlife;

15 ‘‘(C) a program to identify sources of

16 water pollution within the Chesapeake Bay wa17 tershed, including a system of accounting for

18 sources of nutrients, and the movement of nu19 trients, pollutants, and sediments through the

20 Chesapeake Bay watershed; and

21 ‘‘(D) the development of a coordinated

22 Chesapeake Bay watershed land-use database

23 that incorporates resource inventories and anal24 yses for the evaluation of the effects of different

25 land-use patterns on hydrological cycles, water
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1 quality, living resources, and other environ2 mental features as an aid to making sound

3 land-use management decisions.

4 ‘‘(3) MANAGEMENT STRATEGIES.—In a manner

5 consistent with each applicable deadline established

6 by the Chesapeake Executive Council, the Adminis7 trator, in consultation with the Chesapeake Execu8 tive Council, shall assist each signatory jurisdiction

9 of the Chesapeake Bay Council in the development

10 and implementation of a management strategy for

11 each of the major tributaries of the Chesapeake Bay,

12 designed for the achievement of—

13 ‘‘(A) a reduction, in a manner consistent

14 with the terms of the Chesapeake Bay Agree15 ment, in the quantity of nitrogen and phos16 phorous entering the main stem Chesapeake

17 Bay; and

18 ‘‘(B) the water quality requirements nec19 essary to restore living resources in both the

20 tributaries and the main stem of the Chesa21 peake Bay.

22 ‘‘(4) ASSISTANCE.—

23 ‘‘(A) IN GENERAL.—The Administrator, in

24 consultation with the Chesapeake Executive

25 Council, is authorized to provide technical and
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1 financial assistance to any State government,

2 interstate entity, local government, or any other

3 public or nonprofit private agency, institution,

4 or organization in the Chesapeake Bay water5 shed to—

6 ‘‘(i) support the research, monitoring,

7 and data collection program under this

8 subsection;

9 ‘‘(ii) develop and implement coopera10 tive tributary basin strategies that address

11 the water quality and living resource

12 needs; and

13 ‘‘(iii) encourage and coordinate locally

14 based public and private watershed protec15 tion and restoration efforts that aid in the

16 development and implementation of pro17 grams that complement the tributary basin

18 strategies developed by the Chesapeake Ex19 ecutive Council.

20 ‘‘(B) GRANTS.—

21 ‘‘(i) IN GENERAL.—In providing fi22 nancial assistance pursuant to subpara23 graph (A), the Administrator may carry

24 out a grant program. Under the grant pro25 gram, the Administrator may award a
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1 grant to any person (including the govern2 ment of a State) who submits an applica3 tion that is approved by the Administrator.

4 ‘‘(ii) FEDERAL SHARE.—A grant

5 awarded under this subsection for a fiscal

6 year shall not exceed an amount equal to

7 75 percent of the total annual cost of car8 rying out the activities that are the subject

9 of the grant, and be awarded on the condi10 tion that the non-Federal share of the

11 costs of the activities referred to in clause

12 (i) is paid from non-Federal sources.

13 ‘‘(iii) WATERSHED PROTECTION AND

14 RESTORATION.—As part of the grant pro15 gram authorized under this paragraph, the

16 Administrator may award a grant to a sig17 natory jurisdiction to implement a program

18 referred to in subparagraph (A)(iii).

19 ‘‘(C) PRIORITIZATION.—In carrying out

20 the technical and financial assistance program

21 under this subsection, the Administrator shall

22 give priority to proposals that facilitate the par23 ticipation of local governments and entities of

24 the private sector in efforts to improve water

25 quality and the productivity of living resources
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1 of rivers and streams in the Chesapeake Bay

2 watershed.

3 ‘‘(D) COORDINATION WITH OTHER FED4 ERAL PROGRAMS.—The Administrator shall en5 sure that assistance made available under this

6 subsection—

7 ‘‘(i) is consistent with the require8 ments of other Federal financial assistance

9 programs;

10 ‘‘(ii) is provided in coordination with

11 the programs referred to in subparagraph

12 (A); and

13 ‘‘(iii) furthers the objectives of the

14 Chesapeake Bay Program.

15 ‘‘(i) STUDY OF CHESAPEAKE BAY PROGRAM.—Not

16 later than January 1, 1997, the Administrator, in co17 operation with the Chesapeake Bay Executive Council,

18 shall complete a study and submit a comprehensive report

19 to Congress on the results of the study. The study and

20 report shall, at a minimum—

21 ‘‘(1) evaluate the implementation of the Chesa22 peake Bay Agreement, including activities of the

23 Federal Government and State and local govern24 ments;
30

•S 936 IS

1 ‘‘(2) determine whether Federal environmental

2 programs and other activities adequately address the

3 priority needs identified in the Chesapeake Bay

4 Agreement;

5 ‘‘(3) assess the priority needs required by the

6 Chesapeake Bay Program management strategies

7 and how the priorities are being met; and

8 ‘‘(4) make recommendations for the improved

9 management of the Chesapeake Bay Program.

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

11 are authorized to be appropriated to the Environmental

12 Protection Agency to carry out this section $30,000,000

13 for each of fiscal years 1996 through 2001.’’.

Æ

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