105TH CONGRESS

2D SESSION S. 1222

AN ACT

To catalyze restoration of estuary habitat through more efficient financing of projects and enhanced coordination

of Federal and non-Federal restoration programs, and

for other purposes.

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

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

5 ‘‘Estuary Habitat Restoration Partnership Act of 1998’’.
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1 (b) TABLE OF CONTENTS.—The table of contents of

2 this Act is as follows:

Sec. 1. Short title; table of contents.

TITLE I—ESTUARY HABITAT RESTORATION

Sec. 101. Findings.

Sec. 102. Purposes.

Sec. 103. Definitions.

Sec. 104. Establishment of Collaborative Council.

Sec. 105. Duties of Collaborative Council.

Sec. 106. Cost sharing of estuary habitat restoration projects.

Sec. 107. Monitoring and maintenance of estuary habitat restoration projects.

Sec. 108. Cooperative agreements; memoranda of understanding.

Sec. 109. Distribution of appropriations for estuary habitat restoration activities.

Sec. 110. Authorization of appropriations.

Sec. 111. National estuary program.

Sec. 112. General provisions.

TITLE II—CHESAPEAKE BAY AND OTHER REGIONAL INITIATIVES

Sec. 201. Chesapeake Bay.

Sec. 202. Chesapeake Bay gateways and watertrails.

Sec. 203. Pfiesteria and other aquatic toxins research and grant program.

Sec. 204. Long Island Sound.

Sec. 205. National Environmental Waste Technology Testing and Evaluation

Center.

3 TITLE I—ESTUARY HABITAT

4 RESTORATION

5 SEC. 101. FINDINGS.

6 Congress finds that—

7 (1) estuaries provide some of the most eco8 logically and economically productive habitat for an

9 extensive variety of plants, fish, wildlife, and water10 fowl;

11 (2) the estuaries and coastal regions of the

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

13 the United States and provide essential habitat for
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1 75 percent of the Nation’s commercial fish catch

2 and 80 to 90 percent of its recreational fish catch;

3 (3) estuaries are gravely threatened by habitat

4 alteration and loss from pollution, development, and

5 overuse;

6 (4) successful restoration of estuaries demands

7 the coordination of Federal, State, and local estuary

8 habitat restoration programs; and

9 (5) the Federal, State, local, and private co10 operation in estuary habitat restoration activities in

11 existence on the date of enactment of this Act

12 should be strengthened and new public and public13 private estuary habitat restoration partnerships es14 tablished.

15 SEC. 102. PURPOSES.

16 The purposes of this title are—

17 (1) to establish a voluntary program to restore

18 1,000,000 acres of estuary habitat by 2010;

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

20 and community estuary habitat restoration pro21 grams, plans, and studies;

22 (3) to establish effective estuary habitat res23 toration partnerships among public agencies at all

24 levels of government and between the public and pri25 vate sectors;
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1 (4) to promote efficient financing of estuary

2 habitat restoration activities; and

3 (5) to develop and enhance monitoring and re4 search capabilities to ensure that restoration efforts

5 are based on sound scientific understanding.

6 SEC. 103. DEFINITIONS.

7 In this title:

8 (1) COLLABORATIVE COUNCIL.—The term ‘‘Col9 laborative Council’’ means the interagency council

10 established by section 104.

11 (2) DEGRADED ESTUARY HABITAT.—The term

12 ‘‘degraded estuary habitat’’ means estuary habitat

13 where natural ecological functions have been im14 paired and normal beneficial uses have been reduced.

15 (3) ESTUARY.—The term ‘‘estuary’’ means—

16 (A) a body of water in which fresh water

17 from a river or stream meets and mixes with

18 salt water from the ocean; and

19 (B) the physical, biological, and chemical

20 elements associated with such a body of water.

21 (4) ESTUARY HABITAT.—

22 (A) IN GENERAL.—The term ‘‘estuary

23 habitat’’ means the complex of physical and hy24 drologic features and living organisms within

25 estuaries and associated ecosystems.
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1 (B) INCLUSIONS.—The term ‘‘estuary

2 habitat’’ includes salt and fresh water coastal

3 marshes, coastal forested wetlands and other

4 coastal wetlands, maritime forests, coastal

5 grasslands, tidal flats, natural shoreline areas,

6 shellfish beds, sea grass meadows, kelp beds,

7 river deltas, and river and stream banks under

8 tidal influence.

9 (5) ESTUARY HABITAT RESTORATION ACTIV10 ITY.—

11 (A) IN GENERAL.—The term ‘‘estuary

12 habitat restoration activity’’ means an activity

13 that results in improving degraded estuary

14 habitat (including both physical and functional

15 restoration), with the goal of attaining a self16 sustaining system integrated into the surround17 ing landscape.

18 (B) INCLUDED ACTIVITIES.—The term

19 ‘‘estuary habitat restoration activity’’ in20 cludes—

21 (i) the reestablishment of physical fea22 tures and biological and hydrologic func23 tions;

24 (ii) except as provided in subpara25 graph (C)(ii), the cleanup of contamination
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1 related to the restoration of estuary habi2 tat;

3 (iii) the control of non-native and

4 invasive species;

5 (iv) the reintroduction of native spe6 cies through planting or natural succes7 sion; and

8 (v) other activities that improve estu9 ary habitat.

10 (C) EXCLUDED ACTIVITIES.—The term

11 ‘‘estuary habitat restoration activity’’ does not

12 include—

13 (i) an act that constitutes mitigation

14 for the adverse effects of an activity regu15 lated or otherwise governed by Federal or

16 State law; or

17 (ii) an act that constitutes restitution

18 for natural resource damages required

19 under any Federal or State law.

20 (6) ESTUARY HABITAT RESTORATION

21 PROJECT.—The term ‘‘estuary habitat restoration

22 project’’ means an estuary habitat restoration activ23 ity under consideration or selected by the Collabo24 rative Council, in accordance with this title, to re-
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1 ceive financial, technical, or another form of assist2 ance.

3 (7) ESTUARY HABITAT RESTORATION STRAT4 EGY.—The term ‘‘estuary habitat restoration strat5 egy’’ means the estuary habitat restoration strategy

6 developed under section 105(a).

7 (8) FEDERAL ESTUARY MANAGEMENT OR HABI8 TAT RESTORATION PLAN.—The term ‘‘Federal estu9 ary management or habitat restoration plan’’ means

10 any Federal plan for restoration of degraded estuary

11 habitat that—

12 (A) was developed by a public body with

13 the substantial participation of appropriate

14 public and private stakeholders; and

15 (B) reflects a community-based planning

16 process.

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

18 the Secretary of the Army, or a designee.

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

20 Secretary’’ means the Under Secretary for Oceans

21 and Atmosphere of the Department of Commerce, or

22 a designee.
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1 SEC. 104. ESTABLISHMENT OF COLLABORATIVE COUNCIL.

2 (a) COLLABORATIVE COUNCIL.—There is established

3 an interagency council to be known as the ‘‘Estuary Habi4 tat Restoration Collaborative Council’’.

5 (b) MEMBERSHIP.—

6 (1) IN GENERAL.—The Collaborative Council

7 shall be composed of the Secretary, the Under Sec8 retary, the Administrator of the Environmental Pro9 tection Agency, and the Secretary of the Interior

10 (acting through the Director of the United States

11 Fish and Wildlife Service), or their designees.

12 (2) CHAIRPERSON; LEAD AGENCY.—The Sec13 retary, or designee, shall chair the Collaborative

14 Council, and the Department of the Army shall

15 serve as the lead agency.

16 (c) CONVENING OF COLLABORATIVE COUNCIL.—The

17 Secretary shall—

18 (1) convene the first meeting of the Collabo19 rative Council not later than 30 days after the date

20 of enactment of this Act; and

21 (2) convene additional meetings as often as ap22 propriate to ensure that this title is fully carried out,

23 but not less often than quarterly.

24 (d) COLLABORATIVE COUNCIL PROCEDURES.—

25 (1) QUORUM.—Three members of the Collabo26 rative Council shall constitute a quorum.
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1 (2) VOTING AND MEETING PROCEDURES.—The

2 Collaborative Council shall establish procedures for

3 voting and the conduct of meetings by the Council.

4 SEC. 105. DUTIES OF COLLABORATIVE COUNCIL.

5 (a) ESTUARY HABITAT RESTORATION STRATEGY.—

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

7 the date of enactment of this Act, the Collaborative

8 Council, in consultation with non-Federal partici9 pants, including nonprofit sectors, as appropriate,

10 shall develop an estuary habitat restoration strategy

11 designed to ensure a comprehensive approach to the

12 selection and prioritization of estuary habitat res13 toration projects and the coordination of Federal

14 and non-Federal activities related to restoration of

15 estuary habitat.

16 (2) INTEGRATION OF PREVIOUSLY AUTHORIZED

17 ESTUARY HABITAT RESTORATION PLANS, PROGRAMS,

18 AND PARTNERSHIPS.—In developing the estuary

19 habitat restoration strategy, the Collaborative Coun20 cil shall—

21 (A) conduct a review of—

22 (i) Federal estuary management or

23 habitat restoration plans; and
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1 (ii) Federal programs established

2 under other law that provide funding for

3 estuary habitat restoration activities;

4 (B) develop a set of proposals for—

5 (i) using programs established under

6 this or any other Act to maximize the in7 centives for the creation of new public-pri8 vate partnerships to carry out estuary

9 habitat restoration projects; and

10 (ii) using Federal resources to encour11 age increased private sector involvement in

12 estuary habitat restoration activities; and

13 (C) ensure that the estuary habitat res14 toration strategy is developed and will be imple15 mented in a manner that is consistent with the

16 findings and requirements of Federal estuary

17 management or habitat restoration plans.

18 (3) ELEMENTS TO BE CONSIDERED.—Consist19 ent with the requirements of this section, the Col20 laborative Council, in the development of the estuary

21 habitat restoration strategy, shall consider—

22 (A) the contributions of estuary habitat

23 to—
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1 (i) wildlife, including endangered and

2 threatened species, migratory birds, and

3 resident species of an estuary watershed;

4 (ii) fish and shellfish, including com5 mercial and sport fisheries;

6 (iii) surface and ground water quality

7 and quantity, and flood control;

8 (iv) outdoor recreation; and

9 (v) other areas of concern that the

10 Collaborative Council determines to be ap11 propriate for consideration;

12 (B) the estimated historic losses, estimated

13 current rate of loss, and extent of the threat of

14 future loss or degradation of each type of estu15 ary habitat; and

16 (C) the most appropriate method for se17 lecting a balance of smaller and larger estuary

18 habitat restoration projects.

19 (4) ADVICE.—The Collaborative Council shall

20 seek advice in restoration of estuary habitat from ex21 perts in the private and nonprofit sectors to assist

22 in the development of an estuary habitat restoration

23 strategy.

24 (5) PUBLIC REVIEW AND COMMENT.—Before

25 adopting a final estuary habitat restoration strategy,
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1 the Collaborative Council shall publish in the Fed2 eral Register a draft of the estuary habitat restora3 tion strategy and provide an opportunity for public

4 review and comment.

5 (b) PROJECT APPLICATIONS.—

6 (1) IN GENERAL.—An application for an estu7 ary habitat restoration project shall originate from a

8 non-Federal organization and shall require, when ap9 propriate, the approval of State or local agencies.

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

11 In determining the eligibility of an estuary habitat

12 restoration project for financial assistance under this

13 title, the Collaborative Council shall consider the fol14 lowing:

15 (A) Whether the proposed estuary habitat

16 restoration project meets the criteria specified

17 in the estuary habitat restoration strategy.

18 (B) The technical merit and feasibility of

19 the proposed estuary habitat restoration

20 project.

21 (C) Whether the non-Federal persons pro22 posing the estuary habitat restoration project

23 provide satisfactory assurances that they will

24 have adequate personnel, funding, and author-
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1 ity to carry out and properly maintain the estu2 ary habitat restoration project.

3 (D) Whether, in the State in which a pro4 posed estuary habitat restoration project is to

5 be carried out, there is a State dedicated source

6 of funding for programs to acquire or restore

7 estuary habitat, natural areas, and open spaces.

8 (E) Whether the proposed estuary habitat

9 restoration project will encourage the increased

10 coordination and cooperation of Federal, State,

11 and local government agencies.

12 (F) The amount of private funds or in13 kind contributions for the estuary habitat res14 toration project.

15 (G) Whether the proposed habitat restora16 tion project includes a monitoring plan to en17 sure that short-term and long-term restoration

18 goals are achieved.

19 (H) Other factors that the Collaborative

20 Council determines to be reasonable and nec21 essary for consideration.

22 (4) PRIORITY ESTUARY HABITAT RESTORATION

23 PROJECTS.—An estuary habitat restoration project

24 shall be given a higher priority in receipt of funding
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1 under this title if, in addition to meeting the selec2 tion criteria specified in this section—

3 (A) the estuary habitat restoration project

4 is part of an approved Federal estuary manage5 ment or habitat restoration plan;

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

7 the estuary habitat restoration project exceeds

8 50 percent; or

9 (C) there is a program within the water10 shed of the estuary habitat restoration project

11 that addresses sources of water pollution that

12 would otherwise re-impair the restored habitat.

13 (c) INTERIM ACTIONS.—

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

15 estuary habitat restoration strategy developed under

16 subsection (a), the Collaborative Council may pay

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

18 carry out an estuary habitat restoration activity.

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

20 not exceed 25 percent.

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

22 (1) IN GENERAL.—The Collaborative Council

23 shall not select an estuary habitat restoration project

24 until a non-Federal interest has entered into a writ25 ten agreement with the Secretary in which it agrees
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1 to provide the required non-Federal cooperation for

2 the project.

3 (2) NONPROFIT ENTITIES.—Notwithstanding

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

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

6 under this section, the Secretary may, after coordi7 nation with the official responsible for the political

8 jurisdiction in which a project would occur, allow a

9 nonprofit entity to serve as the non-Federal interest.

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

12 (1) shall provide for maintenance and monitoring of

13 the estuary habitat restoration project to the extent

14 determined necessary by the Collaborative Council.

15 (e) LEAD COLLABORATIVE COUNCIL MEMBER.—The

16 Collaborative Council shall designate a lead Collaborative

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

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

21 (f) AGENCY CONSULTATION AND COORDINATION.—

22 In carrying out this section, the Collaborative Council

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

2 agencies.

3 (g) BENEFITS AND COSTS OF ESTUARY HABITAT

4 RESTORATION PROJECTS.—The Collaborative Council

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

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

8 2284).

9 (h) AUTHORIZATION OF APPROPRIATIONS.—There is

10 authorized to be appropriated to the Department of the

11 Army for the administration and operation of the Collabo12 rative Council $4,000,000 for each of fiscal years 1999

13 through 2003.

14 SEC. 106. COST SHARING OF ESTUARY HABITAT RESTORA15 TION PROJECTS.

16 (a) IN GENERAL.—No financial assistance in carry17 ing out an estuary habitat restoration project shall be

18 available under this title from any Federal agency unless

19 the non-Federal applicant for assistance demonstrates

20 that the estuary habitat restoration project meets—

21 (1) the requirements of this title; and

22 (2) any criteria established by the Collaborative

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

2 of an estuary habitat restoration and protection project

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

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

5 of the cost of an estuary habitat restoration project may

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

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

9 contribution equivalent to the monetary amount required

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

12 (d) ALLOCATION OF FUNDS BY STATES TO POLITI13 CAL SUBDIVISIONS.—With the approval of the Secretary,

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

15 agency designated under section 204 of the Demonstration

16 Cities and Metropolitan Development Act of 1966 (42

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

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

21 SEC. 107. MONITORING AND MAINTENANCE OF ESTUARY

22 HABITAT RESTORATION PROJECTS.

23 (a) DATABASE OF RESTORATION PROJECT INFORMA24 TION.—The Under Secretary shall maintain an appro25 priate database of information concerning estuary habitat
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1 restoration projects funded under this title, including in2 formation on project techniques, project completion, mon3 itoring data, and other relevant information.

4 (b) REPORT.—

5 (1) IN GENERAL.—The Collaborative Council

6 shall biennially submit a report to the Committee on

7 Environment and Public Works of the Senate and

8 the Committee on Transportation and Infrastructure

9 of the House of Representatives on the results of ac10 tivities carried out under this title.

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

12 paragraph (1) shall include—

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

14 habitat restored under this title, including the

15 number of projects approved and completed

16 that comprise those acres;

17 (B) the percentage of restored estuary

18 habitat monitored under a plan to ensure that

19 short-term and long-term restoration goals are

20 achieved;

21 (C) an estimate of the long-term success of

22 varying restoration techniques used in carrying

23 out estuary habitat restoration projects;

24 (D) a review of how the information de25 scribed in subparagraphs (A) through (C) has
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1 been incorporated in the selection and imple2 mentation of estuary habitat restoration

3 projects;

4 (E) a review of efforts made to maintain

5 an appropriate database of restoration projects

6 funded under this title; and

7 (F) a review of the measures taken to pro8 vide the information described in subparagraphs

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

10 for assisting in the restoration of estuary habi11 tat.

12 SEC. 108. COOPERATIVE AGREEMENTS; MEMORANDA OF

13 UNDERSTANDING.

14 In carrying out this title, the Collaborative Council

15 may—

16 (1) enter into cooperative agreements with Fed17 eral, State, and local government agencies and other

18 persons and entities; and

19 (2) execute such memoranda of understanding

20 as are necessary to reflect the agreements.

21 SEC. 109. DISTRIBUTION OF APPROPRIATIONS FOR ESTU22 ARY HABITAT RESTORATION ACTIVITIES.

23 The Secretary shall allocate funds made available to

24 carry out this title based on the need for the funds and
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1 such other factors as are determined to be appropriate to

2 carry out this title.

3 SEC. 110. AUTHORIZATION OF APPROPRIATIONS.

4 (a) AUTHORIZATION OF APPROPRIATIONS UNDER

5 OTHER LAW.—Funds authorized to be appropriated

6 under section 908 of the Water Resources Development

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

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

9 2330) may be used by the Secretary in accordance with

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

11 in carrying out estuary habitat restoration projects or in12 terim actions under section 105(c).

13 (b) AUTHORIZATION OF APPROPRIATIONS.—There

14 are authorized to be appropriated to the Secretary to carry

15 out estuary habitat restoration activities—

16 (1) $40,000,000 for fiscal year 1999;

17 (2) $50,000,000 for fiscal year 2000; and

18 (3) $75,000,000 for each of fiscal years 2001

19 through 2003.

20 SEC. 111. NATIONAL ESTUARY PROGRAM.

21 (a) GRANTS FOR COMPREHENSIVE CONSERVATION

22 AND MANAGEMENT PLANS.—Section 320(g)(2) of the

23 Federal Water Pollution Control Act (33 U.S.C.

24 1330(g)(2)) is amended by inserting ‘‘and implementa25 tion’’ after ‘‘development’’.
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1 (b) AUTHORIZATION OF APPROPRIATIONS.—Section

2 320(i) of the Federal Water Pollution Control Act (33

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

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

5 ‘‘1987 through 1991, such sums as may be necessary for

6 fiscal years 1992 through 1998, and $25,000,000 for each

7 of fiscal years 1999 and 2000’’.

8 SEC. 112. GENERAL PROVISIONS.

9 (a) ADDITIONAL AUTHORITY FOR ARMY CORPS OF

10 ENGINEERS.—The Secretary—

11 (1) may carry out estuary habitat restoration

12 projects in accordance with this title; and

13 (2) shall give estuary habitat restoration

14 projects the same consideration as projects relating

15 to irrigation, navigation, or flood control.

16 (b) INAPPLICABILITY OF CERTAIN LAW.—Sections

17 203, 204, and 205 of the Water Resources Development

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

19 apply to an estuary habitat restoration project selected in

20 accordance with this title.

21 (c) ESTUARY HABITAT RESTORATION MISSION.—

22 The Secretary shall establish restoration of estuary habi23 tat as a primary mission of the Army Corps of Engineers.

24 (d) FEDERAL AGENCY FACILITIES AND PERSON25 NEL.—
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1 (1) IN GENERAL.—Federal agencies may co2 operate in carrying out scientific and other programs

3 necessary to carry out this title, and may provide fa4 cilities and personnel, for the purpose of assisting

5 the Collaborative Council in carrying out its duties

6 under this title.

7 (2) REIMBURSEMENT FROM COLLABORATIVE

8 COUNCIL.—Federal agencies may accept reimburse9 ment from the Collaborative Council for providing

10 services, facilities, and personnel under paragraph

11 (1).

12 (e) ADMINISTRATIVE EXPENSES AND STAFFING.—

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

14 this title, the Comptroller General of the United States

15 shall submit to Congress and the Secretary an analysis

16 of the extent to which the Collaborative Council needs ad17 ditional personnel and administrative resources to fully

18 carry out its duties under this title. The analysis shall in19 clude recommendations regarding necessary additional

20 funding.

21 TITLE II—CHESAPEAKE BAY AND

22 OTHER REGIONAL INITIATIVES

23 SEC. 201. CHESAPEAKE BAY.

24 Section 117 of the Federal Water Pollution Control

25 Act (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:

3 ‘‘(1) CHESAPEAKE BAY AGREEMENT.—The

4 term ‘Chesapeake Bay Agreement’ means the for5 mal, voluntary agreements, amendments, directives,

6 and adoption statements executed to achieve the

7 goal of restoring and protecting the Chesapeake Bay

8 ecosystem and the living resources of the ecosystem

9 and signed by the Chesapeake Executive Council.

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

11 ‘Chesapeake Bay Program’ means the program di12 rected by the Chesapeake Executive Council in ac13 cordance with the Chesapeake Bay Agreement.

14 ‘‘(3) CHESAPEAKE BAY WATERSHED.—The

15 term ‘Chesapeake Bay watershed’ shall have the

16 meaning determined by the Administrator.

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

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

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

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

23 ‘‘(b) CONTINUATION OF CHESAPEAKE BAY PRO24 GRAM.—

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

26 Chesapeake Executive Council (and as a member of
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1 the Council), the Administrator shall continue the

2 Chesapeake Bay Program.

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

4 shall maintain in the Environmental Protection

5 Agency a Chesapeake Bay Program Office. The

6 Chesapeake Bay Program Office shall provide sup7 port to the Chesapeake Executive Council by—

8 ‘‘(A) implementing and coordinating

9 science, research, modeling, support services,

10 monitoring, data collection, and other activities

11 that support the Chesapeake Bay Program;

12 ‘‘(B) developing and making available,

13 through publications, technical assistance, and

14 other appropriate means, information pertain15 ing to the environmental quality and living re16 sources of the Chesapeake Bay;

17 ‘‘(C) assisting the signatories to the Chesa18 peake Bay Agreement, in cooperation with ap19 propriate Federal, State, and local authorities,

20 in developing and implementing specific action

21 plans to carry out the responsibilities of the sig22 natories to the Chesapeake Bay Agreement;

23 ‘‘(D) coordinating the actions of the Envi24 ronmental Protection Agency with the actions

25 of the appropriate officials of other Federal
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1 agencies and State and local authorities in de2 veloping strategies to—

3 ‘‘(i) improve the water quality and liv4 ing resources of the Chesapeake Bay; and

5 ‘‘(ii) obtain the support of the appro6 priate officials of the agencies and authori7 ties in achieving the objectives of the

8 Chesapeake Bay Agreement; and

9 ‘‘(E) implementing outreach programs for

10 public information, education, and participation

11 to foster stewardship of the resources of the

12 Chesapeake Bay.

13 ‘‘(c) INTERAGENCY AGREEMENTS.—The Adminis14 trator may enter into an interagency agreement with a

15 Federal agency to carry out this section.

16 ‘‘(d) TECHNICAL ASSISTANCE AND ASSISTANCE

17 GRANTS.—

18 ‘‘(1) IN GENERAL.—In consultation with other

19 members of the Chesapeake Executive Council, the

20 Administrator may provide technical assistance, and

21 assistance grants, to nonprofit private organizations

22 and individuals, State and local governments, col23 leges, universities, and interstate agencies to carry

24 out this section, subject to such terms and condi25 tions as the Administrator considers appropriate.
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1 ‘‘(2) FEDERAL SHARE.—

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

3 subparagraph (B), the Federal share of an as4 sistance grant provided under paragraph (1)

5 shall be determined by the Administrator in ac6 cordance with Environmental Protection Agency

7 guidance.

8 ‘‘(B) SMALL WATERSHED GRANTS PRO9 GRAM.—The Federal share of an assistance

10 grant provided under paragraph (1) to carry

11 out an implementing activity under subsection

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

13 project costs, as determined by the Adminis14 trator.

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

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

17 condition that non-Federal sources provide the re18 mainder of eligible project costs, as determined by

19 the Administrator.

20 ‘‘(4) ADMINISTRATIVE COSTS.—Administrative

21 costs (including salaries, overhead, and indirect costs

22 for services provided and charged against projects

23 supported by funds made available under this sub24 section) incurred by a person described in paragraph

25 (1) in carrying out a project under this subsection
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1 during a fiscal year shall not exceed 10 percent of

2 the grant made to the person under this subsection

3 for the fiscal year.

4 ‘‘(e) IMPLEMENTATION GRANTS.—

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

6 has approved and committed to implement all or

7 substantially all aspects of the Chesapeake Bay

8 Agreement, on the request of the chief executive of

9 the jurisdiction, the Administrator shall make a

10 grant to the jurisdiction for the purpose of imple11 menting the management mechanisms established

12 under the Chesapeake Bay Agreement, subject to

13 such terms and conditions as the Administrator con14 siders appropriate.

15 ‘‘(2) PROPOSALS.—A signatory jurisdiction de16 scribed in paragraph (1) may apply for a grant

17 under this subsection for a fiscal year by submitting

18 to the Administrator a comprehensive proposal to

19 implement management mechanisms established

20 under the Chesapeake Bay Agreement. The proposal

21 shall include—

22 ‘‘(A) a description of proposed manage23 ment mechanisms that the jurisdiction commits

24 to take within a specified time period, such as

25 reducing or preventing pollution in the Chesa-
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1 peake Bay and to meet applicable water quality

2 standards; and

3 ‘‘(B) the estimated cost of the actions pro4 posed to be taken during the fiscal year.

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

6 that the proposal is consistent with the Chesapeake

7 Bay Agreement and the national goals established

8 under section 101(a), the Administrator may ap9 prove the proposal for a fiscal year.

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

11 an implementation grant provided under this sub12 section shall not exceed 50 percent of the costs of

13 implementing the management mechanisms during

14 the fiscal year.

15 ‘‘(5) NON-FEDERAL SHARE.—An implementa16 tion grant under this subsection shall be made on

17 the condition that non-Federal sources provide the

18 remainder of the costs of implementing the manage19 ment mechanisms during the fiscal year.

20 ‘‘(6) ADMINISTRATIVE COSTS.—Administrative

21 costs (including salaries, overhead, and indirect costs

22 for services provided and charged against projects

23 supported by funds made available under this sub24 section) incurred by a signatory jurisdiction in car25 rying out a project under this subsection during a
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1 fiscal year shall not exceed 10 percent of the grant

2 made to the jurisdiction under this subsection for

3 the fiscal year.

4 ‘‘(f) COMPLIANCE OF FEDERAL FACILITIES.—

5 ‘‘(1) SUBWATERSHED PLANNING AND RESTORA6 TION.—A Federal agency that owns or operates a

7 facility (as defined by the Administrator) within the

8 Chesapeake Bay watershed shall participate in re9 gional and subwatershed planning and restoration

10 programs.

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

12 head of each Federal agency that owns or occupies

13 real property in the Chesapeake Bay watershed shall

14 ensure that the property, and actions taken by the

15 agency with respect to the property, comply with the

16 Chesapeake Bay Agreement.

17 ‘‘(g) CHESAPEAKE BAY WATERSHED, TRIBUTARY,

18 AND RIVER BASIN PROGRAM.—

19 ‘‘(1) NUTRIENT AND WATER QUALITY MANAGE20 MENT STRATEGIES.—Not later than 1 year after the

21 date of enactment of this subsection, the Adminis22 trator, in consultation with other members of the

23 Chesapeake Executive Council, shall ensure that

24 management plans are developed and implementa25 tion is begun by signatories to the Chesapeake Bay
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1 Agreement for the tributaries of the Chesapeake Bay

2 to achieve and maintain—

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

4 Bay Agreement for the quantity of nitrogen and

5 phosphorus entering the main stem Chesapeake

6 Bay;

7 ‘‘(B) the water quality requirements nec8 essary to restore living resources in both the

9 tributaries and the main stem of the Chesa10 peake Bay;

11 ‘‘(C) the Chesapeake Bay basinwide toxics

12 reduction and prevention strategy goal of reduc13 ing or eliminating the input of chemical con14 taminants from all controllable sources to levels

15 that result in no toxic or bioaccumulative im16 pact on the living resources that inhabit the

17 Bay or on human health; and

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

19 enhancement goals established by Chesapeake

20 Bay Agreement signatories for wetlands, forest

21 riparian zones, and other types of habitat asso22 ciated with the Chesapeake Bay and the tribu23 taries of the Chesapeake Bay.

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

25 The Administrator, in consultation with other mem-
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1 bers of the Chesapeake Executive Council, may offer

2 the technical assistance and assistance grants au3 thorized under subsection (d) to local governments

4 and nonprofit private organizations and individuals

5 in the Chesapeake Bay watershed to implement—

6 ‘‘(A) cooperative tributary basin strategies

7 that address the Chesapeake Bay’s water qual8 ity and living resource needs; or

9 ‘‘(B) locally based protection and restora10 tion programs or projects within a watershed

11 that complement the tributary basin strategies.

12 ‘‘(h) STUDY OF CHESAPEAKE BAY PROGRAM.—Not

13 later than December 31, 2000, and every 3 years there14 after, the Administrator, in cooperation with other mem15 bers of the Chesapeake Executive Council, shall complete

16 a study and submit a comprehensive report to Congress

17 on the results of the study. The study and report shall,

18 at a minimum—

19 ‘‘(1) assess the commitments and goals of the

20 management strategies established under the Chesa21 peake Bay Agreement and the extent to which the

22 commitments and goals are being met;

23 ‘‘(2) assess the priority needs required by the

24 management strategies and the extent to which the

25 priority needs are being met;
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1 ‘‘(3) assess the effects of air pollution deposi2 tion on water quality of the Chesapeake Bay;

3 ‘‘(4) assess the state of the Chesapeake Bay

4 and its tributaries and related actions of the Chesa5 peake Bay Program;

6 ‘‘(5) make recommendations for the improved

7 management of the Chesapeake Bay Program; and

8 ‘‘(6) provide the report in a format transferable

9 to and usable by other watershed restoration pro10 grams.

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

12 authorized to be appropriated to carry out this section

13 $30,000,000 for each of fiscal years 1999 through 2003.’’.

14 SEC. 202. CHESAPEAKE BAY GATEWAYS AND WATERTRAILS.

15 (a) CHESAPEAKE BAY GATEWAYS AND

16 WATERTRAILS NETWORK.—

17 (1) IN GENERAL.—The Secretary of the Inte18 rior (referred to in this section as the ‘‘Secretary’’),

19 in cooperation with the Administrator of the Envi20 ronmental Agency (referred to in this section as the

21 ‘‘Administrator’’), shall provide technical and finan22 cial assistance, in cooperation with other Federal

23 agencies, State and local governments, nonprofit or24 ganizations, and the private sector—
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1 (A) to identify, conserve, restore, and in2 terpret natural, recreational, historical, and cul3 tural resources within the Chesapeake Bay Wa4 tershed;

5 (B) to identify and utilize the collective re6 sources as Chesapeake Bay Gateways sites for

7 enhancing public education of and access to the

8 Chesapeake Bay;

9 (C) to link the Chesapeake Bay Gateways

10 sites with trails, tour roads, scenic byways, and

11 other connections as determined by the Sec12 retary;

13 (D) to develop and establish Chesapeake

14 Bay Watertrails comprising water routes and

15 connections to Chesapeake Bay Gateways sites

16 and other land resources within the Chesapeake

17 Bay Watershed; and

18 (E) to create a network of Chesapeake Bay

19 Gateways sites and Chesapeake Bay

20 Watertrails.

21 (2) COMPONENTS.—Components of the Chesa22 peake Bay Gateways and Watertrails Network may

23 include—

24 (A) State or Federal parks or refuges;

25 (B) historic seaports;
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1 (C) archaeological, cultural, historical, or

2 recreational sites; or

3 (D) other public access and interpretive

4 sites as selected by the Secretary.

5 (b) CHESAPEAKE BAY GATEWAYS GRANTS ASSIST6 ANCE PROGRAM.—

7 (1) IN GENERAL.—The Secretary, in coopera8 tion with the Administrator, shall establish a Chesa9 peake Bay Gateways Grants Assistance Program to

10 aid State and local governments, local communities,

11 nonprofit organizations, and the private sector in

12 conserving, restoring, and interpreting important

13 historic, cultural, recreational, and natural resources

14 within the Chesapeake Bay Watershed.

15 (2) CRITERIA.—The Secretary, in cooperation

16 with the Administrator, shall develop appropriate eli17 gibility, prioritization, and review criteria for grants

18 under this section.

19 (3) MATCHING FUNDS AND ADMINISTRATIVE

20 EXPENSES.—A grant under this section—

21 (A) shall not exceed 50 percent of eligible

22 project costs;

23 (B) shall be made on the condition that

24 non-Federal sources, including in-kind contribu-
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1 tions of services or materials, provide the re2 mainder of eligible project costs; and

3 (C) shall be made on the condition that not

4 more than 10 percent of all eligible project

5 costs be used for administrative expenses.

6 (c) AUTHORIZATION OF APPROPRIATIONS.—There is

7 authorized to be appropriated to carry out this section

8 $3,000,000 for each of fiscal years 1999 through 2003.

9 SEC. 203. PFIESTERIA AND OTHER AQUATIC TOXINS RE10 SEARCH AND GRANT PROGRAM.

11 (a) IN GENERAL.—The Administrator of the Envi12 ronmental Protection Agency, the Secretary of Commerce

13 (acting through the Director of the National Marine Fish14 eries Service of the National Oceanic and Atmospheric Ad15 ministration), the Secretary of Health and Human Serv16 ices (acting through the Director of the National Institute

17 of Environmental Health Sciences and the Director of the

18 Centers for Disease Control and Prevention), and the Sec19 retary of Agriculture shall—

20 (1) establish a research program for the eradi21 cation or control of Pfiesteria piscicida and other

22 aquatic toxins; and

23 (2) make grants to colleges, universities, and

24 other entities in affected States for the eradication
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1 or control of Pfiesteria piscicida and other aquatic

2 toxins.

3 (b) AUTHORIZATION OF APPROPRIATIONS.—There is

4 authorized to be appropriated to carry out this section

5 $5,000,000 for each of fiscal years 1999 and 2000.

6 SEC. 204. LONG ISLAND SOUND.

7 Section 119(e) of the Federal Water Pollution Con8 trol Act (33 U.S.C. 1269(e)) is amended—

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

10 through 2001’’ and inserting ‘‘1999 through 2003’’;

11 and

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

13 $3,000,000 for each of the fiscal years 1991 through

14 2001’’ and inserting ‘‘$10,000,000 for each of fiscal

15 years 1999 through 2003’’.

16 SEC. 205. NATIONAL ENVIRONMENTAL WASTE TECH17 NOLOGY TESTING AND EVALUATION CENTER.

18 (a) IN GENERAL.—The Administrator of the Envi19 ronmental Protection Agency is authorized to provide fi20 nancial assistance to the National Environmental Waste

21 Technology Testing and Evaluation Center in Butte, Mon22 tana.
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1 (b) AUTHORIZATION OF APPROPRIATIONS.—There is

2 authorized to be appropriated to carry out this section

3 $10,000,000 for each of fiscal years 1998 through 2002.

Passed the Senate October 14 (legislative day, October 2), 1998.

Attest:

Secretary.
105TH CONGRESS

2D SESSION S. 1222

AN ACT

To catalyze restoration of estuary habitat through

tion programs, and for other purposes.coordination of Federal and non-Federal restoramore efficient financing of projects and enhanced
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