Calendar No. 507

105TH CONGRESS

2D SESSION S. 1222

[Report No. 105–273]

A BILL

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

JULY 29, 1998

Reported with an amendment
II

Calendar No. 507

105TH CONGRESS

2D SESSION S. 1222

[Report No. 105–273]

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.

IN THE SENATE OF THE UNITED STATES

SEPTEMBER 25, 1997

Mr. CHAFEE (for himself, Mr. BREAUX, Mr. LIEBERMAN, Mr. FAIRCLOTH,

Mr. ROBB, Mr. SARBANES, Mr. D’AMATO, Mrs. MURRAY, Mr. MURKOWSKI, Mr. WARNER, Mr. REED, Ms. LANDRIEU, Mr. GRAHAM, Ms. MIKULSKI, Mr. DODD, Mr. MOYNIHAN, Mr. MACK, Mr. LOTT, Mr. GREGG, Mr.

AKAKA, Mr. LAUTENBERG, Mrs. FEINSTEIN, Mr. TORRICELLI, Mrs.

BOXER, Mr. COVERDELL, Mr. WYDEN, and Mr. KERRY) introduced the

following bill; which was read twice and referred to the Committee on Environment and Public Works

JULY 29, 1998

Reported by Mr. CHAFEE, with an amendment

[Strike out all after the enacting clause and insert the part printed in italic]

A BILL

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.
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•S 1222 RS

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 ‘‘Estuary Habitat Res5 toration Partnership Act of 1997’’.

6 SEC. 2. FINDINGS.

7 Congress finds that—

8 (1) the estuaries and coastal regions of the

9 United States are home to half the population of the

10 United States;

11 (2) the traditions, economy, and quality of life

12 of many communities depend on the natural abun13 dance and health of the estuaries;

14 (3) approximately 75 percent of the commercial

15 fish and shellfish of the United States depend on es16 tuaries at some stage in their life cycle;

17 (4) the varied habitats of estuaries and other

18 coastal waters provide jobs to 28,000,000 United

19 States citizens in commercial and sport fishing, tour20 ism, recreation, and other industries, with fishing

21 alone contributing $111,000,000,000 to the United

22 States economy each year;

23 (5) despite the many values of estuaries, estu24 aries are gravely threatened by estuary habitat alter25 ation and loss;
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1 (6) the accumulated loss of estuary habitat,

2 reaching over 90 percent in some estuaries, threat3 ens the ecological and economic bounty of regions

4 experiencing the loss, and can be reversed only by

5 action to restore lost and degraded estuary habitat;

6 (7) the demands on Federal, State, and local

7 funding for estuary habitat restoration activities ex8 ceed available resources and prompt serious concerns

9 about the ability of the United States to restore es10 tuary habitat vital to efforts to restore, preserve,

11 and protect the health of estuaries;

12 (8) successful restoration of estuaries demands

13 the full coordination of Federal and State estuary

14 habitat restoration programs;

15 (9) to succeed in restoring estuaries, it is im16 portant to link estuary habitat restoration projects

17 to broader ecosystem planning in order to establish

18 restoration programs that are effective in the long

19 term;

20 (10) efficient leveraging of scarce public re21 sources and new and innovative market-based fund22 ing for estuary habitat restoration activities would

23 generate real returns on investments for commu24 nities through improvement of the vibrancy and

25 health of estuaries;
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1 (11) the Federal, State, and private cooperation

2 in estuary habitat restoration activities in existence

3 on the date of enactment of this Act should be

4 strengthened and new public and public-private estu5 ary habitat restoration partnerships established; and

6 (12) such new partnerships would help ensure

7 the ecological and economic vibrancy of estuaries for

8 the benefit of future generations.

9 SEC. 3. PURPOSES.

10 The purposes of this Act are—

11 (1) to establish a voluntary, community-driven,

12 incentive-based program that will catalyze the res13 toration of 1,000,000 acres of estuary habitat by

14 2010;

15 (2) to encourage enhanced coordination and

16 leveraging of Federal, State, and community estuary

17 habitat restoration programs, plans, and studies;

18 (3) to establish effective estuary habitat res19 toration partnerships among public agencies at all

20 levels of government and between the public and pri21 vate sectors;

22 (4) to promote efficient financing of estuary

23 habitat restoration activities to help better leverage

24 limited Federal funding; and
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1 (5) to develop and enhance monitoring and

2 maintenance capabilities designed to ensure that res3 toration efforts build on the successes of past and

4 current efforts and scientific understanding.

5 SEC. 4. DEFINITIONS.

6 In this Act:

7 (1) COLLABORATIVE COUNCIL.—The term ‘‘Col8 laborative Council’’ means the interagency council

9 established by section 5.

10 (2) DEGRADED ESTUARY HABITAT.—The term

11 ‘‘degraded estuary habitat’’ means estuary habitat

12 where natural ecological functions have been im13 paired and normal beneficial uses have been reduced.

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

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

16 from a river or stream meets and mixes with

17 salt water from the ocean; and

18 (B) the physical, biological, and chemical

19 elements associated with such a body of water.

20 (4) ESTUARY HABITAT.—

21 (A) IN GENERAL.—The term ‘‘estuary

22 habitat’’ means the complex of physical and hy23 drologic features and living organisms within

24 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, tidal flats, natural shoreline

5 areas, shellfish beds, sea grass meadows, kelp

6 beds, river deltas, and river and stream banks

7 under tidal influence.

8 (5) ESTUARY HABITAT RESTORATION ACTIV9 ITY.—

10 (A) IN GENERAL.—The term ‘‘estuary

11 habitat restoration activity’’ means an activity

12 that results in improving degraded estuary

13 habitat (including both physical and functional

14 restoration), with the goal of attaining a self15 sustaining, ecologically based system integrated

16 into the surrounding landscape.

17 (B) INCLUDED ACTIVITIES.—The term

18 ‘‘estuary habitat restoration activity’’ in19 cludes—

20 (i) the reestablishment of physical fea21 tures and biological and hydrologic func22 tions;

23 (ii) except as provided in subpara24 graph (C)(ii), the cleanup of contamina25 tion;
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1 (iii) the control of nonnative and

2 invasive species;

3 (iv) the reintroduction of native or

4 ecologically beneficial species through

5 planting or natural succession; and

6 (v) other activities that improve estu7 ary habitat.

8 (C) EXCLUDED ACTIVITIES.—The term

9 ‘‘estuary habitat restoration activity’’ does not

10 include—

11 (i) an act that constitutes mitigation

12 for the adverse effects of an activity regu13 lated or otherwise governed by Federal or

14 State law; or

15 (ii) an act that constitutes satisfaction

16 of liability for natural resource damages

17 under any Federal or State law.

18 (6) ESTUARY HABITAT RESTORATION

19 PROJECT.—The term ‘‘estuary habitat restoration

20 project’’ means an estuary habitat restoration activ21 ity under consideration or selected by the Collabo22 rative Council, in accordance with this Act, to re23 ceive financial, technical, or another form of assist24 ance.
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1 (7) ESTUARY HABITAT RESTORATION STRAT2 EGY.—The term ‘‘estuary habitat restoration strat3 egy’’ means the estuary habitat restoration strategy

4 developed under section 6(a).

5 (8) FEDERAL ESTUARY MANAGEMENT OR HABI6 TAT RESTORATION PLAN.—The term ‘‘Federal estu7 ary management or habitat restoration plan’’ means

8 any Federal plan for restoration of degraded estuary

9 habitat that—

10 (A) was developed by a public body with

11 the substantial participation of appropriate

12 public and private stakeholders; and

13 (B) reflects a community-based planning

14 process.

15 (9) PERSON.—The term ‘‘person’’ includes an

16 entity of a Federal, State, or local government, an

17 Indian tribe, an entity organized or existing under

18 the law of a State, and a nongovernmental organiza19 tion.

20 (10) SECRETARY.—The term ‘‘Secretary’’

21 means the Secretary of the Army, or a designee.

22 (11) UNDER SECRETARY.—The term ‘‘Under

23 Secretary’’ means the Under Secretary for Oceans

24 and Atmosphere of the Department of Commerce, or

25 a designee.
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1 SEC. 5. 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.—The Collaborative Council shall

6 be composed of the Secretary, the Under Secretary, the

7 Administrator of the Environmental Protection Agency,

8 the Secretary of the Interior (acting through the Director

9 of the United States Fish and Wildlife Service), the Sec10 retary of Agriculture, and the Secretary of Transpor11 tation, or their designees.

12 (c) CONVENING OF COLLABORATIVE COUNCIL.—The

13 Secretary shall—

14 (1) convene the first meeting of the Collabo15 rative Council not later than 30 days after the date

16 of enactment of this Act; and

17 (2) convene additional meetings as often as ap18 propriate to ensure that this Act is fully carried out,

19 but not less often than quarterly.

20 (d) COLLABORATIVE COUNCIL PROCEDURES.—

21 (1) QUORUM.—Three members of the Collabo22 rative Council shall constitute a quorum.

23 (2) VOTING AND MEETING PROCEDURES.—The

24 Collaborative Council shall establish procedures for

25 voting and the conduct of meetings by the Council.
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1 SEC. 6. DUTIES OF COLLABORATIVE COUNCIL.

2 (a) ESTUARY HABITAT RESTORATION STRATEGY.—

3 (1) IN GENERAL.—

4 (A) DEVELOPMENT.—Not later than 1

5 year after the date of enactment of this Act, the

6 Collaborative Council, in consultation with rep7 resentatives from coastal States and nonprofit

8 organizations with expertise in estuary habitat

9 restoration, shall develop an estuary habitat

10 restoration strategy designed to ensure a com11 prehensive approach to the selection and

12 prioritization of estuary habitat restoration

13 projects and the full coordination of Federal

14 and non-Federal activities related to restoration

15 of estuary habitat.

16 (B) PROVISION OF NATIONAL FRAME17 WORK.—The estuary habitat restoration strat18 egy shall provide a national framework for estu19 ary habitat restoration activities by—

20 (i) identifying existing estuary habitat

21 restoration plans;

22 (ii) integrating overlapping estuary

23 habitat restoration plans; and

24 (iii) identifying appropriate processes

25 for the development of estuary habitat res26 toration plans where needed.
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1 (2) INTEGRATION OF PREVIOUSLY AUTHORIZED

2 ESTUARY HABITAT RESTORATION PLANS, PROGRAMS,

3 AND PARTNERSHIPS.—In developing the estuary

4 habitat restoration strategy, the Collaborative Coun5 cil shall—

6 (A) conduct a review of—

7 (i) Federal estuary management or

8 habitat restoration plans; and

9 (ii) Federal programs established

10 under other law that provide funding for

11 estuary habitat restoration activities;

12 (B) develop, based on best management

13 practices, a framework for fully coordinating

14 and streamlining the activities of the Federal

15 plans and programs referred to in subpara16 graph (A);

17 (C) develop a set of proposals for—

18 (i) using programs established under

19 this or any other Act to maximize the in20 centives for the creation of new public-pri21 vate partnerships to carry out estuary

22 habitat restoration projects; and

23 (ii) leveraging Federal resources to

24 encourage increased private sector involve-
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1 ment in estuary habitat restoration activi2 ties; and

3 (D) ensure that the estuary habitat res4 toration strategy is developed and will be imple5 mented in a manner that is consistent with the

6 findings and requirements of Federal estuary

7 management or habitat restoration plans.

8 (3) ELEMENTS TO BE CONSIDERED.—Consist9 ent with the requirements of this section, the Col10 laborative Council, in the development of the estuary

11 habitat restoration strategy, shall consider—

12 (A) the contributions of estuary habitat

13 to—

14 (i) wildlife, including endangered and

15 threatened species, migratory birds, and

16 resident species of an estuary watershed;

17 (ii) fish and shellfish, including com18 mercial and sport fisheries;

19 (iii) surface and ground water quality

20 and quantity, and flood control;

21 (iv) outdoor recreation; and

22 (v) other areas of concern that the

23 Collaborative Council determines to be ap24 propriate for consideration;
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1 (B) the estimated historic losses, estimated

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

3 future loss or degradation of each type of estu4 ary habitat;

5 (C) the most appropriate method for se6 lecting estuary habitat restoration projects es7 sential to—

8 (i) the proper protection and preserva9 tion of an estuary ecosystem;

10 (ii) the implementation of a Federal

11 estuary management or habitat restoration

12 plan; or

13 (iii) the selection by the Collaborative

14 Council of an appropriate balance of small15 er and larger estuary habitat restoration

16 projects; and

17 (D) procedures to minimize duplicative and

18 conflicting application requirements for public

19 and private landowners seeking assistance for

20 estuary habitat restoration activities.

21 (4) COMMUNITY ADVICE.—The Collaborative

22 Council shall seek the advice of experts in restora23 tion of estuary habitat from the private, including

24 nonprofit, sectors to assist in the development of an

25 estuary habitat restoration strategy.
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1 (5) PUBLIC REVIEW AND COMMENT.—Before

2 adopting a final estuary habitat restoration strategy,

3 the Collaborative Council shall publish in the Fed4 eral Register a draft of the estuary habitat restora5 tion strategy and provide an opportunity for public

6 review and comment.

7 (b) ESTABLISHMENT OF PROJECT APPLICATION AND

8 SELECTION CRITERIA.—

9 (1) IN GENERAL.—Consistent with the other

10 provisions of this section, the Collaborative Council

11 shall establish—

12 (A) application procedures to be followed

13 by States and other non-Federal persons to

14 nominate estuary habitat restoration activities

15 for consideration by the Collaborative Council

16 for assistance under this Act;

17 (B) criteria for determining eligibility for

18 financial assistance under this Act for an estu19 ary habitat restoration project;

20 (C) application procedures and criteria for

21 granting a reduction in the minimum non-Fed22 eral share requirement, in accordance with sec23 tion 7(d)(2); and
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1 (D) such other criteria as the Collaborative

2 Council determines to be reasonable and nec3 essary in carrying out this Act.

4 (2) PROPOSALS.—A proposal for an estuary

5 habitat restoration project shall originate from a

6 non-Federal person and shall require, when appro7 priate, the approval of State or local agencies.

8 (3) FACTORS TO BE TAKEN INTO ACCOUNT.—

9 The criteria established under paragraph (1) shall

10 provide for the consideration of the following factors

11 in determining the eligibility of an estuary habitat

12 restoration project for financial assistance under this

13 Act and in prioritizing the selection of estuary habi14 tat restoration projects by the Collaborative Council:

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 can provide satisfactory assurances that they

24 will have adequate personnel, funding, and au-
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1 thority to carry out and properly maintain the

2 estuary 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 level of private matching fund or

13 in-kind contributions to 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.—

24 (A) DESIGNATION.—The Collaborative

25 Council may designate an estuary habitat res-
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1 toration project as a priority estuary habitat

2 restoration project if, in addition to meeting the

3 selection criteria specified in this section—

4 (i) the estuary habitat restoration

5 project addresses a restoration goal identi6 fied in the estuary habitat restoration

7 strategy;

8 (ii) the estuary habitat restoration

9 project is part of an approved Federal es10 tuary management or habitat restoration

11 plan;

12 (iii) the non-Federal share with re13 spect to the estuary habitat restoration

14 project exceeds 50 percent; or

15 (iv) there is a nonpoint source pro16 gram upstream of the estuary habitat res17 toration project that addresses upstream

18 sources that would otherwise re-impair the

19 restored habitat.

20 (B) EFFECT OF DESIGNATION.—A priority

21 estuary habitat restoration project shall be

22 given a higher priority in receipt of funding

23 under this Act.

24 (c) INTERIM ACTIONS.—
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1 (1) IN GENERAL.—Pending completion of the

2 estuary habitat restoration strategy developed under

3 subsection (a), the Collaborative Council may pay

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

5 carry out an estuary habitat restoration activity.

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

7 not exceed 25 percent.

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

9 (1) IN GENERAL.—The Collaborative Council

10 shall not select an estuary habitat restoration project

11 until each non-Federal interest has entered into a

12 written cooperation agreement in accordance with

13 section 221(a) of the Flood Control Act of 1970 (42

14 U.S.C. 1962d–5b(a)).

15 (2) MAINTENANCE AND MONITORING.—A co16 operation agreement entered into under paragraph

17 (1) shall provide for maintenance and monitoring of

18 the estuary habitat restoration project to the extent

19 determined necessary by the Collaborative Council.

20 (e) LEAD COLLABORATIVE COUNCIL MEMBER.—The

21 Collaborative Council shall designate a lead Collaborative

22 Council member for each proposed estuary habitat res23 toration project. The lead Collaborative Council member

24 shall have primary responsibility for overseeing and assist25 ing others in implementing the proposed project.
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1 (f) AGENCY CONSULTATION AND COORDINATION.—

2 (1) IN GENERAL.—In carrying out this section,

3 the Collaborative Council shall consult with, cooper4 ate with, and coordinate its activities with the activi5 ties of other appropriate Federal agencies, as deter6 mined by the Collaborative Council.

7 (2) USE OF COORDINATING MECHANISMS.—The

8 Collaborative Council shall work to ensure that Fed9 eral agency coordinating and streamlining mecha10 nisms established under other law are fully used in

11 cases in which the Collaborative Council determines

12 the use of the mechanisms to be appropriate.

13 (g) BENEFITS AND COSTS OF ESTUARY HABITAT

14 RESTORATION PROJECTS.—The Collaborative Council

15 shall evaluate the benefits and costs of estuary habitat res16 toration projects in accordance with section 907 of the

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

18 2284).

19 (h) AUTHORIZATION OF APPROPRIATIONS.—There is

20 authorized to be appropriated to the Department of the

21 Army for the administration and operation of the Collabo22 rative Council $4,000,000 for each fiscal year.
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1 SEC. 7. COST SHARING OF ESTUARY HABITAT RESTORA2 TION PROJECTS.

3 (a) IN GENERAL.—No financial assistance in carry4 ing out an estuary habitat restoration project shall be

5 available under this Act from any Federal agency unless

6 the non-Federal applicant for assistance demonstrates to

7 the satisfaction of the Collaborative Council that the estu8 ary habitat restoration project meets—

9 (1) the requirements of this Act; and

10 (2) any criteria established by the Collaborative

11 Council under this Act.

12 (b) FEDERAL SHARE.—

13 (1) IN GENERAL.—Except as provided in para14 graph (2), for each fiscal year, the Federal share of

15 the cost of an estuary habitat restoration project as16 sisted under this Act shall be not less than 25 per17 cent and not more than 65 percent.

18 (2) INCREASED FEDERAL SHARE.—In the case

19 of an estuary habitat restoration project with respect

20 to which the applicant demonstrates need under sub21 section (d)(2), the Federal share of the cost of the

22 project shall not exceed 75 percent.

23 (c) PAYMENT OF FEDERAL SHARE UNDER OTHER

24 LAW.—The Collaborative Council may use funds made

25 available under this Act to pay all or part of the Federal

26 share of the cost of an estuary habitat restoration activity
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1 eligible for funding under a program established under an2 other provision of law, if the activity would also be eligible

3 for funding under this Act as an estuary habitat restora4 tion project.

5 (d) NON-FEDERAL SHARE.—

6 (1) IN-KIND CONTRIBUTIONS.—The non-Fed7 eral share of the cost of an estuary habitat restora8 tion project may be provided in the form of land,

9 easements, rights-of-way, services, or any other form

10 of in-kind contribution determined by the Collabo11 rative Council to be an appropriate contribution

12 equivalent to the monetary amount required for the

13 non-Federal share of the estuary habitat restoration

14 project.

15 (2) REDUCED NON-FEDERAL SHARE.—An ap16 plicant for assistance in carrying out an estuary

17 habitat restoration project may submit an applica18 tion for a reduction in the requirement of the pay19 ment of a non-Federal share of at least 35 percent,

20 if the applicant submits a statement of need and

21 demonstrates a need for a reduced non-Federal

22 share in accordance with section 103(m) of the

23 Water Resources Development Act of 1986 (33

24 U.S.C. 2213(m)).
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1 (e) ALLOCATION OF FUNDS BY STATES TO POLITI2 CAL SUBDIVISIONS.—With the approval of the Secretary,

3 a State may allocate to any local government, area wide

4 agency designated under section 204 of the Demonstration

5 Cities and Metropolitan Development Act of 1966 (42

6 U.S.C. 3334), regional agency, or interstate agency, a por7 tion of any funds disbursed by the Collaborative Council

8 to the State for the purpose of carrying out an estuary

9 habitat restoration project.

10 SEC. 8. MONITORING AND MAINTENANCE OF ESTUARY

11 HABITAT RESTORATION PROJECTS.

12 (a) DATABASE OF RESTORATION PROJECT INFORMA13 TION.—The Under Secretary shall maintain an appro14 priate database of information concerning estuary habitat

15 restoration projects funded by the Collaborative Council,

16 including information on project techniques, project com17 pletion, monitoring data, and other relevant information.

18 (b) REPORT.—

19 (1) IN GENERAL.—The Collaborative Council

20 shall biennially submit a report to the Committee on

21 Environment and Public Works of the Senate and

22 the Committee on Transportation and Infrastructure

23 of the House of Representatives on the results of ac24 tivities carried out under this Act.
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1 (2) CONTENTS OF REPORT.—A report under

2 paragraph (1) shall include—

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

4 habitat restored under this Act, including the

5 number of projects approved and completed

6 that comprise those acres;

7 (B) the percentage of restored estuary

8 habitat monitored under a plan to ensure that

9 short-term and long-term restoration goals are

10 achieved;

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

12 varying restoration techniques used in carrying

13 out estuary habitat restoration projects;

14 (D) a review of how the Collaborative

15 Council has incorporated the information de16 scribed in subparagraphs (A) through (C) in

17 the selection and implementation of estuary

18 habitat restoration projects;

19 (E) a review of efforts made by the Col20 laborative Council to maintain an appropriate

21 database of restoration projects funded under

22 this Act; and

23 (F) a review of the measures that the Col24 laborative Council has taken to provide the in25 formation described in subparagraphs (A)
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1 through (C) to persons with responsibility for

2 assisting in the restoration of estuary habitat.

3 SEC. 9. MEMORANDA OF UNDERSTANDING.

4 In carrying out this Act, the Collaborative Council

5 may—

6 (1) enter into cooperative agreements with per7 sons; and

8 (2) execute such memoranda of understanding

9 as are necessary to reflect the agreements.

10 SEC. 10. DISTRIBUTION OF APPROPRIATIONS FOR ESTU11 ARY HABITAT RESTORATION ACTIVITIES.

12 The Secretary shall allocate funds made available to

13 carry out this Act based on the need for the funds and

14 such other factors as the Collaborative Council determines

15 to be appropriate to carry out this Act.

16 SEC. 11. AUTHORIZATION OF APPROPRIATIONS.

17 (a) AUTHORIZATIONS OF APPROPRIATIONS UNDER

18 OTHER LAW.—Funds authorized to be appropriated

19 under section 908 of the Water Resources Development

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

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

22 2330) may be used by the Secretary in accordance with

23 this Act to assist States and other non-Federal persons

24 in carrying out estuary habitat restoration projects or in25 terim actions under section 6(c).
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1 (b) AUTHORIZATION OF APPROPRIATIONS.—There

2 are authorized to be appropriated to the Secretary to carry

3 out this Act—

4 (1) $40,000,000 for fiscal year 1999;

5 (2) $50,000,000 for fiscal year 2000; and

6 (3) $75,000,000 for each of fiscal years 2001

7 through 2003.

8 SEC. 12. GENERAL PROVISIONS.

9 (a) ADDITIONAL AUTHORITY FOR ARMY CORPS OF

10 ENGINEERS.—The Secretary—

11 (1) may carry out estuary habitat restoration

12 projects as determined by the Collaborative Council;

13 and

14 (2) shall give estuary habitat restoration

15 projects the same consideration (as determined by

16 the Collaborative Council) as projects relating to ir17 rigation, navigation, or flood control.

18 (b) INAPPLICABILITY OF CERTAIN LAW.—Sections

19 203, 204, and 205 of the Water Resources Development

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

21 to an estuary habitat restoration project selected in ac22 cordance with this Act.

23 (c) ESTUARY HABITAT RESTORATION MISSION.—

24 The Secretary shall establish restoration of estuary habi25 tat as a primary mission of the Army Corps of Engineers.
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•S 1222 RS

1 (d) FEDERAL AGENCY FACILITIES AND PERSON2 NEL.—

3 (1) IN GENERAL.—Federal agencies may co4 operate in carrying out scientific and other programs

5 necessary to carry out this Act, and may provide fa6 cilities and personnel, for the purpose of assisting

7 the Collaborative Council in carrying out its duties

8 under this Act.

9 (2) REIMBURSEMENT FROM COLLABORATIVE

10 COUNCIL.—Federal agencies may accept reimburse11 ment from the Collaborative Council for providing

12 services, facilities, and personnel under paragraph

13 (1).

14 (e) COLLABORATIVE COUNCIL ADMINISTRATIVE EX15 PENSES AND STAFFING.—Not later than 180 days after

16 the date of enactment of this Act, the Comptroller General

17 of the United States shall submit to Congress and the Sec18 retary an analysis of the extent to which the Collaborative

19 Council needs additional personnel and administrative re20 sources to fully carry out its duties under this Act. The

21 analysis shall include recommendations regarding nec22 essary additional funding.

23 (f) APPLICATION OF AND CONSISTENCY WITH

24 OTHER LAWS.—Except as specifically provided in this

25 Act—
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1 (1) nothing in this Act supersedes or modifies

2 any Federal law in existence on the date of enact3 ment of this Act; and

4 (2) each action by a Federal agency under this

5 Act shall be carried out in a manner that is consist6 ent with such law.

7 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

8 (a) SHORT TITLE.—This Act may be cited as the ‘‘Es9 tuary Habitat Restoration Partnership Act of 1998’’.

10 (b) TABLE OF CONTENTS.—The table of contents of this

11 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.

12 TITLE I—ESTUARY HABITAT

13 RESTORATION

14 SEC. 101. FINDINGS.

15 Congress finds that—
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1 (1) estuaries provide some of the most eco2 logically and economically productive habitat for an

3 extensive variety of plants, fish, wildlife, and water4 fowl;

5 (2) the estuaries and coastal regions of the

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

7 the United States and provide essential habitat for 75

8 percent of the Nation’s commercial fish catch and 80

9 to 90 percent of its recreational fish catch;

10 (3) estuaries are gravely threatened by habitat

11 alteration and loss from pollution, development, and

12 overuse;

13 (4) successful restoration of estuaries demands

14 the coordination of Federal, State, and local estuary

15 habitat restoration programs; and

16 (5) the Federal, State, local, and private co17 operation in estuary habitat restoration activities in

18 existence on the date of enactment of this Act should

19 be strengthened and new public and public-private es20 tuary habitat restoration partnerships established.

21 SEC. 102. PURPOSES.

22 The purposes of this title are—

23 (1) to establish a voluntary program to restore

24 1,000,000 acres of estuary habitat by 2010;
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1 (2) to ensure coordination of Federal, State, and

2 community estuary habitat restoration programs,

3 plans, and studies;

4 (3) to establish effective estuary habitat restora5 tion partnerships among public agencies at all levels

6 of government and between the public and private sec7 tors;

8 (4) to promote efficient financing of estuary

9 habitat restoration activities; and

10 (5) to develop and enhance monitoring and re11 search capabilities to ensure that restoration efforts

12 are based on sound scientific understanding.

13 SEC. 103. DEFINITIONS.

14 In this title:

15 (1) COLLABORATIVE COUNCIL.—The term ‘‘Col16 laborative Council’’ means the interagency council es17 tablished by section 104.

18 (2) DEGRADED ESTUARY HABITAT.—The term

19 ‘‘degraded estuary habitat’’ means estuary habitat

20 where natural ecological functions have been impaired

21 and normal beneficial uses have been reduced.

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

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

24 from a river or stream meets and mixes with salt

25 water from the ocean; and
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1 (B) the physical, biological, and chemical

2 elements associated with such a body of water.

3 (4) ESTUARY HABITAT.—

4 (A) IN GENERAL.—The term ‘‘estuary habi5 tat’’ means the complex of physical and hydro6 logic features and living organisms within estu7 aries and associated ecosystems.

8 (B) INCLUSIONS.—The term ‘‘estuary habi9 tat’’ includes salt and fresh water coastal

10 marshes, coastal forested wetlands and other

11 coastal wetlands, maritime forests, coastal grass12 lands, tidal flats, natural shoreline areas, shell13 fish beds, sea grass meadows, kelp beds, river del14 tas, and river and stream banks under tidal in15 fluence.

16 (5) ESTUARY HABITAT RESTORATION ACTIV17 ITY.—

18 (A) IN GENERAL.—The term ‘‘estuary habi19 tat restoration activity’’ means an activity that

20 results in improving degraded estuary habitat

21 (including both physical and functional restora22 tion), with the goal of attaining a self-sustaining

23 system integrated into the surrounding land24 scape.
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1 (B) INCLUDED ACTIVITIES.—The term ‘‘es2 tuary habitat restoration activity’’ includes—

3 (i) the reestablishment of physical fea4 tures and biological and hydrologic func5 tions;

6 (ii) except as provided in subpara7 graph (C)(ii), the cleanup of contamination

8 related to the restoration of estuary habitat;

9 (iii) the control of non-native and

10 invasive species;

11 (iv) the reintroduction of native species

12 through planting or natural succession; and

13 (v) other activities that improve estu14 ary habitat.

15 (C) EXCLUDED ACTIVITIES.—The term ‘‘es16 tuary habitat restoration activity’’ does not in17 clude—

18 (i) an act that constitutes mitigation

19 for the adverse effects of an activity regu20 lated or otherwise governed by Federal or

21 State law; or

22 (ii) an act that constitutes restitution

23 for natural resource damages required

24 under any Federal or State law.
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1 (6) ESTUARY HABITAT RESTORATION

2 PROJECT.—The term ‘‘estuary habitat restoration

3 project’’ means an estuary habitat restoration activity

4 under consideration or selected by the Collaborative

5 Council, in accordance with this title, to receive fi6 nancial, technical, or another form of assistance.

7 (7) ESTUARY HABITAT RESTORATION STRAT8 EGY.—The term ‘‘estuary habitat restoration strat9 egy’’ means the estuary habitat restoration strategy

10 developed under section 105(a).

11 (8) FEDERAL ESTUARY MANAGEMENT OR HABI12 TAT RESTORATION PLAN.—The term ‘‘Federal estuary

13 management or habitat restoration plan’’ means any

14 Federal plan for restoration of degraded estuary habi15 tat that—

16 (A) was developed by a public body with the

17 substantial participation of appropriate public

18 and private stakeholders; and

19 (B) reflects a community-based planning

20 process.

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

22 the Secretary of the Army, or a designee.

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

24 Secretary’’ means the Under Secretary for Oceans
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1 and Atmosphere of the Department of Commerce, or

2 a designee.

3 SEC. 104. ESTABLISHMENT OF COLLABORATIVE COUNCIL.

4 (a) COLLABORATIVE COUNCIL.—There is established

5 an interagency council to be known as the ‘‘Estuary Habi6 tat Restoration Collaborative Council’’.

7 (b) MEMBERSHIP.—

8 (1) IN GENERAL.—The Collaborative Council

9 shall be composed of the Secretary, the Under Sec10 retary, the Administrator of the Environmental Pro11 tection Agency, and the Secretary of the Interior (act12 ing through the Director of the United States Fish

13 and Wildlife Service), or their designees.

14 (2) CHAIRPERSON; LEAD AGENCY.—The Sec15 retary, or designee, shall chair the Collaborative

16 Council, and the Department of the Army shall serve

17 as the lead agency.

18 (c) CONVENING OF COLLABORATIVE COUNCIL.—The

19 Secretary shall—

20 (1) convene the first meeting of the Collaborative

21 Council not later than 30 days after the date of enact22 ment of this Act; and

23 (2) convene additional meetings as often as ap24 propriate to ensure that this title is fully carried out,

25 but not less often than quarterly.
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1 (d) COLLABORATIVE COUNCIL PROCEDURES.—

2 (1) QUORUM.—Three members of the Collabo3 rative Council shall constitute a quorum.

4 (2) VOTING AND MEETING PROCEDURES.—The

5 Collaborative Council shall establish procedures for

6 voting and the conduct of meetings by the Council.

7 SEC. 105. DUTIES OF COLLABORATIVE COUNCIL.

8 (a) ESTUARY HABITAT RESTORATION STRATEGY.—

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

10 the date of enactment of this Act, the Collaborative

11 Council, in consultation with non-Federal partici12 pants, including nonprofit sectors, as appropriate,

13 shall develop an estuary habitat restoration strategy

14 designed to ensure a comprehensive approach to the

15 selection and prioritization of estuary habitat restora16 tion projects and the coordination of Federal and

17 non-Federal activities related to restoration of estuary

18 habitat.

19 (2) INTEGRATION OF PREVIOUSLY AUTHORIZED

20 ESTUARY HABITAT RESTORATION PLANS, PROGRAMS,

21 AND PARTNERSHIPS.—In developing the estuary habi22 tat restoration strategy, the Collaborative Council

23 shall—

24 (A) conduct a review of—
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1 (i) Federal estuary management or

2 habitat restoration plans; and

3 (ii) Federal programs established

4 under other law that provide funding for es5 tuary habitat restoration activities;

6 (B) develop a set of proposals for—

7 (i) using programs established under

8 this or any other Act to maximize the in9 centives for the creation of new public-pri10 vate partnerships to carry out estuary habi11 tat restoration projects; and

12 (ii) using Federal resources to encour13 age increased private sector involvement in

14 estuary habitat restoration activities; and

15 (C) ensure that the estuary habitat restora16 tion strategy is developed and will be imple17 mented in a manner that is consistent with the

18 findings and requirements of Federal estuary

19 management or habitat restoration plans.

20 (3) ELEMENTS TO BE CONSIDERED.—Consistent

21 with the requirements of this section, the Collabo22 rative Council, in the development of the estuary

23 habitat restoration strategy, shall consider—

24 (A) the contributions of estuary habitat

25 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 Col10 laborative Council determines to be appro11 priate 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 estuary

15 habitat; and

16 (C) the most appropriate method for select17 ing a balance of smaller and larger estuary habi18 tat 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 in

22 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 Federal

2 Register a draft of the estuary habitat restoration

3 strategy and provide an opportunity for public review

4 and comment.

5 (b) PROJECT APPLICATIONS.—

6 (1) IN GENERAL.—An application for an estuary

7 habitat restoration project shall originate from a non8 Federal organization and shall require, when appro9 priate, the approval of State or local agencies.

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

11 determining the eligibility of an estuary habitat res12 toration 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 in

17 the estuary habitat restoration strategy.

18 (B) The technical merit and feasibility of

19 the proposed estuary habitat restoration project.

20 (C) Whether the non-Federal persons pro21 posing the estuary habitat restoration project

22 provide satisfactory assurances that they will

23 have adequate personnel, funding, and authority

24 to carry out and properly maintain the estuary

25 habitat restoration project.
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1 (D) Whether, in the State in which a pro2 posed estuary habitat restoration project is to be

3 carried out, there is a State dedicated source of

4 funding for programs to acquire or restore estu5 ary habitat, natural areas, and open spaces.

6 (E) Whether the proposed estuary habitat

7 restoration project will encourage the increased

8 coordination and cooperation of Federal, State,

9 and local government agencies.

10 (F) The amount of private funds or in-kind

11 contributions for the estuary habitat restoration

12 project.

13 (G) Whether the proposed habitat restora14 tion project includes a monitoring plan to ensure

15 that short-term and long-term restoration goals

16 are achieved.

17 (H) Other factors that the Collaborative

18 Council determines to be reasonable and nec19 essary for consideration.

20 (4) PRIORITY ESTUARY HABITAT RESTORATION

21 PROJECTS.—An estuary habitat restoration project

22 shall be given a higher priority in receipt of funding

23 under this title if, in addition to meeting the selection

24 criteria specified in this section—
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1 (A) the estuary habitat restoration project is

2 part of an approved Federal estuary manage3 ment or habitat restoration plan;

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

5 the estuary habitat restoration project exceeds 50

6 percent; or

7 (C) there is a program within the watershed

8 of the estuary habitat restoration project that ad9 dresses sources of water pollution that would oth10 erwise re-impair the restored habitat.

11 (c) INTERIM ACTIONS.—

12 (1) IN GENERAL.—Pending completion of the es13 tuary habitat restoration strategy developed under

14 subsection (a), the Collaborative Council may pay the

15 Federal share of the cost of an interim action to carry

16 out an estuary habitat restoration activity.

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

18 not exceed 25 percent.

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

20 (1) IN GENERAL.—The Collaborative Council

21 shall not select an estuary habitat restoration project

22 until a non-Federal interest has entered into a writ23 ten agreement with the Secretary in which it agrees

24 to provide the required non-Federal cooperation for

25 the project.
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1 (2) NONPROFIT ENTITIES.—Notwithstanding sec2 tion 221 of the Flood Control Act of 1970 (42 U.S.C.

3 1962d–5b(b)), for any project undertaken under this

4 section, the Secretary may, after coordination with

5 the official responsible for the political jurisdiction in

6 which a project would occur, allow a nonprofit entity

7 to serve as the non-Federal interest.

8 (3) MAINTENANCE AND MONITORING.—A co9 operation agreement entered into under paragraph

10 (1) shall provide for maintenance and monitoring of

11 the estuary habitat restoration project to the extent

12 determined necessary by the Collaborative Council.

13 (e) LEAD COLLABORATIVE COUNCIL MEMBER.—The

14 Collaborative Council shall designate a lead Collaborative

15 Council member for each proposed estuary habitat restora16 tion project. The lead Collaborative Council member shall

17 have primary responsibility for overseeing and assisting

18 others in implementing the proposed project.

19 (f) AGENCY CONSULTATION AND COORDINATION.—In

20 carrying out this section, the Collaborative Council shall,

21 as the Collaborative Council determines it to be necessary,

22 consult with, cooperate with, and coordinate its activities

23 with the activities of other appropriate Federal agencies.

24 (g) BENEFITS AND COSTS OF ESTUARY HABITAT RES25 TORATION PROJECTS.—The Collaborative Council shall
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1 evaluate the benefits and costs of estuary habitat restoration

2 projects in accordance with section 907 of the Water Re3 sources Development Act of 1986 (33 U.S.C. 2284).

4 (h) AUTHORIZATION OF APPROPRIATIONS.—There is

5 authorized to be appropriated to the Department of the

6 Army for the administration and operation of the Collabo7 rative Council $4,000,000 for each of fiscal years 1999

8 through 2003.

9 SEC. 106. COST SHARING OF ESTUARY HABITAT RESTORA10 TION PROJECTS.

11 (a) IN GENERAL.—No financial assistance in carrying

12 out an estuary habitat restoration project shall be available

13 under this title from any Federal agency unless the non14 Federal applicant for assistance demonstrates that the estu15 ary habitat restoration project meets—

16 (1) the requirements of this title; and

17 (2) any criteria established by the Collaborative

18 Council under this title.

19 (b) FEDERAL SHARE.—The Federal share of the cost

20 of an estuary habitat restoration and protection project as21 sisted under this title shall be not more than 65 percent.

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

23 the cost of an estuary habitat restoration project may be

24 provided in the form of land, easements, rights-of-way, serv25 ices, or any other form of in-kind contribution determined
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1 by the Collaborative Council to be an appropriate contribu2 tion equivalent to the monetary amount required for the

3 non-Federal share of the estuary habitat restoration project.

4 (d) ALLOCATION OF FUNDS BY STATES TO POLITICAL

5 SUBDIVISIONS.—With the approval of the Secretary, a

6 State may allocate to any local government, area-wide

7 agency designated under section 204 of the Demonstration

8 Cities and Metropolitan Development Act of 1966 (42

9 U.S.C. 3334), regional agency, or interstate agency, a por10 tion of any funds disbursed in accordance with this title

11 for the purpose of carrying out an estuary habitat restora12 tion project.

13 SEC. 107. MONITORING AND MAINTENANCE OF ESTUARY

14 HABITAT RESTORATION PROJECTS.

15 (a) DATABASE OF RESTORATION PROJECT INFORMA16 TION.—The Under Secretary shall maintain an appro17 priate database of information concerning estuary habitat

18 restoration projects funded under this title, including infor19 mation on project techniques, project completion, monitor20 ing data, and other relevant information.

21 (b) REPORT.—

22 (1) IN GENERAL.—The Collaborative Council

23 shall biennially submit a report to the Committee on

24 Environment and Public Works of the Senate and the

25 Committee on Transportation and Infrastructure of
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1 the House of Representatives on the results of activi2 ties carried out under this title.

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

4 paragraph (1) shall include—

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

6 habitat restored under this title, including the

7 number of projects approved and completed that

8 comprise those acres;

9 (B) the percentage of restored estuary habi10 tat monitored under a plan to ensure that short11 term and long-term restoration goals are

12 achieved;

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

14 varying restoration techniques used in carrying

15 out estuary habitat restoration projects;

16 (D) a review of how the information de17 scribed in subparagraphs (A) through (C) has

18 been incorporated in the selection and implemen19 tation of estuary habitat restoration projects;

20 (E) a review of efforts made to maintain an

21 appropriate database of restoration projects

22 funded under this title; and

23 (F) a review of the measures taken to pro24 vide the information described in subparagraphs

25 (A) through (C) to persons with responsibility
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1 for assisting in the restoration of estuary habi2 tat.

3 SEC. 108. COOPERATIVE AGREEMENTS; MEMORANDA OF UN4 DERSTANDING.

5 In carrying out this title, the Collaborative Council

6 may—

7 (1) enter into cooperative agreements with Fed8 eral, State, and local government agencies and other

9 persons and entities; and

10 (2) execute such memoranda of understanding as

11 are necessary to reflect the agreements.

12 SEC. 109. DISTRIBUTION OF APPROPRIATIONS FOR ESTU13 ARY HABITAT RESTORATION ACTIVITIES.

14 The Secretary shall allocate funds made available to

15 carry out this title based on the need for the funds and such

16 other factors as are determined to be appropriate to carry

17 out this title.

18 SEC. 110. AUTHORIZATION OF APPROPRIATIONS.

19 (a) AUTHORIZATION OF APPROPRIATIONS UNDER

20 OTHER LAW.—Funds authorized to be appropriated under

21 section 908 of the Water Resources Development Act of 1986

22 (33 U.S.C. 2285) and section 206 of the Water Resources

23 Development Act of 1996 (33 U.S.C. 2330) may be used

24 by the Secretary in accordance with this title to assist

25 States and other non-Federal persons in carrying out estu-
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1 ary habitat restoration projects or interim actions under

2 section 105(c).

3 (b) AUTHORIZATION OF APPROPRIATIONS.—There are

4 authorized to be appropriated to the Secretary to carry out

5 estuary habitat restoration activities—

6 (1) $40,000,000 for fiscal year 1999;

7 (2) $50,000,000 for fiscal year 2000; and

8 (3) $75,000,000 for each of fiscal years 2001

9 through 2003.

10 SEC. 111. NATIONAL ESTUARY PROGRAM.

11 (a) GRANTS FOR COMPREHENSIVE CONSERVATION AND

12 MANAGEMENT PLANS.—Section 320(g)(2) of the Federal

13 Water Pollution Control Act (33 U.S.C. 1330(g)(2)) is

14 amended by inserting ‘‘and implementation’’ after ‘‘devel15 opment’’.

16 (b) AUTHORIZATION OF APPROPRIATIONS.—Section

17 320(i) of the Federal Water Pollution Control Act (33

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

19 follows through ‘‘1991’’ and inserting the following: ‘‘1987

20 through 1991, such sums as may be necessary for fiscal

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

22 years 1999 and 2000’’.

23 SEC. 112. GENERAL PROVISIONS.

24 (a) ADDITIONAL AUTHORITY FOR ARMY CORPS OF EN25 GINEERS.—The Secretary—
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1 (1) may carry out estuary habitat restoration

2 projects in accordance with this title; and

3 (2) shall give estuary habitat restoration projects

4 the same consideration as projects relating to irriga5 tion, navigation, or flood control.

6 (b) INAPPLICABILITY OF CERTAIN LAW.—Sections 203,

7 204, and 205 of the Water Resources Development Act of

8 1986 (33 U.S.C. 2231, 2232, and 2233) shall not apply to

9 an estuary habitat restoration project selected in accordance

10 with this title.

11 (c) ESTUARY HABITAT RESTORATION MISSION.—The

12 Secretary shall establish restoration of estuary habitat as

13 a primary mission of the Army Corps of Engineers.

14 (d) FEDERAL AGENCY FACILITIES AND PERSONNEL.—

15 (1) IN GENERAL.—Federal agencies may cooper16 ate in carrying out scientific and other programs nec17 essary to carry out this title, and may provide facili18 ties and personnel, for the purpose of assisting the

19 Collaborative Council in carrying out its duties under

20 this title.

21 (2) REIMBURSEMENT FROM COLLABORATIVE

22 COUNCIL.—Federal agencies may accept reimburse23 ment from the Collaborative Council for providing

24 services, facilities, and personnel under paragraph

25 (1).
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1 (e) ADMINISTRATIVE EXPENSES AND STAFFING.—Not

2 later than 180 days after the date of enactment of this title,

3 the Comptroller General of the United States shall submit

4 to Congress and the Secretary an analysis of the extent to

5 which the Collaborative Council needs additional personnel

6 and administrative resources to fully carry out its duties

7 under this title. The analysis shall include recommenda8 tions regarding necessary additional funding.

9 TITLE II—CHESAPEAKE BAY AND

10 OTHER REGIONAL INITIATIVES

11 SEC. 201. CHESAPEAKE BAY.

12 Section 117 of the Federal Water Pollution Control Act

13 (33 U.S.C. 1267) is amended to read as follows:

14 ‘‘SEC. 117. CHESAPEAKE BAY.

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

16 ‘‘(1) CHESAPEAKE BAY AGREEMENT.—The term

17 ‘Chesapeake Bay Agreement’ means the formal, vol18 untary agreements, amendments, directives, and

19 adoption statements executed to achieve the goal of re20 storing and protecting the Chesapeake Bay ecosystem

21 and the living resources of the ecosystem and signed

22 by the Chesapeake Executive Council.

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

24 ‘Chesapeake Bay Program’ means the program di-
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1 rected by the Chesapeake Executive Council in accord2 ance with the Chesapeake Bay Agreement.

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

4 ‘Chesapeake Bay watershed’ shall have the meaning

5 determined by the Administrator.

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

7 term ‘Chesapeake Executive Council’ means the sig8 natories to the Chesapeake Bay Agreement.

9 ‘‘(5) SIGNATORY JURISDICTION.—The term ‘sig10 natory jurisdiction’ means a jurisdiction of a signa11 tory to the Chesapeake Bay Agreement.

12 ‘‘(b) CONTINUATION OF CHESAPEAKE BAY PRO13 GRAM.—

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

15 Chesapeake Executive Council (and as a member of

16 the Council), the Administrator shall continue the

17 Chesapeake Bay Program.

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

19 shall maintain in the Environmental Protection

20 Agency a Chesapeake Bay Program Office. The Chesa21 peake Bay Program Office shall provide support to

22 the Chesapeake Executive Council by—

23 ‘‘(A) implementing and coordinating

24 science, research, modeling, support services,
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1 monitoring, data collection, and other activities

2 that support the Chesapeake Bay Program;

3 ‘‘(B) developing and making available,

4 through publications, technical assistance, and

5 other appropriate means, information pertaining

6 to the environmental quality and living resources

7 of the Chesapeake Bay;

8 ‘‘(C) assisting the signatories to the Chesa9 peake Bay Agreement, in cooperation with ap10 propriate Federal, State, and local authorities,

11 in developing and implementing specific action

12 plans to carry out the responsibilities of the sig13 natories to the Chesapeake Bay Agreement;

14 ‘‘(D) coordinating the actions of the Envi15 ronmental Protection Agency with the actions of

16 the appropriate officials of other Federal agen17 cies and State and local authorities in develop18 ing strategies to—

19 ‘‘(i) improve the water quality and liv20 ing resources of the Chesapeake Bay; and

21 ‘‘(ii) obtain the support of the appro22 priate officials of the agencies and authori23 ties in achieving the objectives of the Chesa24 peake 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 ‘‘(c) INTERAGENCY AGREEMENTS.—The Administrator

6 may enter into an interagency agreement with a Federal

7 agency to carry out this section.

8 ‘‘(d) TECHNICAL ASSISTANCE AND ASSISTANCE

9 GRANTS.—

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

11 members of the Chesapeake Executive Council, the Ad12 ministrator may provide technical assistance, and as13 sistance grants, to nonprofit private organizations

14 and individuals, State and local governments, col15 leges, universities, and interstate agencies to carry out

16 this section, subject to such terms and conditions as

17 the Administrator considers appropriate.

18 ‘‘(2) FEDERAL SHARE.—

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

20 subparagraph (B), the Federal share of an assist21 ance grant provided under paragraph (1) shall

22 be determined by the Administrator in accord23 ance with Environmental Protection Agency

24 guidance.
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1 ‘‘(B) SMALL WATERSHED GRANTS PRO2 GRAM.—The Federal share of an assistance grant

3 provided under paragraph (1) to carry out an

4 implementing activity under subsection (g)(2)

5 shall not exceed 75 percent of eligible project

6 costs, as determined by the Administrator.

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

8 under paragraph (1) shall be provided on the condi9 tion that non-Federal sources provide the remainder

10 of eligible project costs, as determined by the Admin11 istrator.

12 ‘‘(4) ADMINISTRATIVE COSTS.—Administrative

13 costs (including salaries, overhead, and indirect costs

14 for services provided and charged against projects

15 supported by funds made available under this sub16 section) incurred by a person described in paragraph

17 (1) in carrying out a project under this subsection

18 during a fiscal year shall not exceed 10 percent of the

19 grant made to the person under this subsection for the

20 fiscal year.

21 ‘‘(e) IMPLEMENTATION GRANTS.—

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

23 has approved and committed to implement all or sub24 stantially all aspects of the Chesapeake Bay Agree25 ment, on the request of the chief executive of the juris-
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1 diction, the Administrator shall make a grant to the

2 jurisdiction for the purpose of implementing the man3 agement mechanisms established under the Chesa4 peake Bay Agreement, subject to such terms and con5 ditions as the Administrator considers appropriate.

6 ‘‘(2) PROPOSALS.—A signatory jurisdiction de7 scribed in paragraph (1) may apply for a grant

8 under this subsection for a fiscal year by submitting

9 to the Administrator a comprehensive proposal to im10 plement management mechanisms established under

11 the Chesapeake Bay Agreement. The proposal shall in12 clude—

13 ‘‘(A) a description of proposed management

14 mechanisms that the jurisdiction commits to take

15 within a specified time period, such as reducing

16 or preventing pollution in the Chesapeake Bay

17 and to meet applicable water quality standards;

18 and

19 ‘‘(B) the estimated cost of the actions pro20 posed to be taken during the fiscal year.

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

22 the proposal is consistent with the Chesapeake Bay

23 Agreement and the national goals established under

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

25 proposal for a fiscal year.
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1 ‘‘(4) FEDERAL SHARE.—The Federal share of an

2 implementation grant provided under this subsection

3 shall not exceed 50 percent of the costs of implement4 ing the management mechanisms during the fiscal

5 year.

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

7 grant under this subsection shall be made on the con8 dition that non-Federal sources provide the remainder

9 of the costs of implementing the management mecha10 nisms during the fiscal year.

11 ‘‘(6) ADMINISTRATIVE COSTS.—Administrative

12 costs (including salaries, overhead, and indirect costs

13 for services provided and charged against projects

14 supported by funds made available under this sub15 section) incurred by a signatory jurisdiction in car16 rying out a project under this subsection during a fis17 cal year shall not exceed 10 percent of the grant made

18 to the jurisdiction under this subsection for the fiscal

19 year.

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

21 ‘‘(1) SUBWATERSHED PLANNING AND RESTORA22 TION.—A Federal agency that owns or operates a fa23 cility (as defined by the Administrator) within the

24 Chesapeake Bay watershed shall participate in re-
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1 gional and subwatershed planning and restoration

2 programs.

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

4 of each Federal agency that owns or occupies real

5 property in the Chesapeake Bay watershed shall en6 sure that the property, and actions taken by the agen7 cy with respect to the property, comply with the

8 Chesapeake Bay Agreement.

9 ‘‘(g) CHESAPEAKE BAY WATERSHED, TRIBUTARY, AND

10 RIVER BASIN PROGRAM.—

11 ‘‘(1) NUTRIENT AND WATER QUALITY MANAGE12 MENT STRATEGIES.—Not later than 1 year after the

13 date of enactment of this subsection, the Adminis14 trator, in consultation with other members of the

15 Chesapeake Executive Council, shall ensure that man16 agement plans are developed and implementation is

17 begun by signatories to the Chesapeake Bay Agree18 ment for the tributaries of the Chesapeake Bay to

19 achieve and maintain—

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

21 Bay Agreement for the quantity of nitrogen and

22 phosphorus entering the main stem Chesapeake

23 Bay;

24 ‘‘(B) the water quality requirements nec25 essary to restore living resources in both the trib-
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1 utaries and the main stem of the Chesapeake

2 Bay;

3 ‘‘(C) the Chesapeake Bay basinwide toxics

4 reduction and prevention strategy goal of reduc5 ing or eliminating the input of chemical con6 taminants from all controllable sources to levels

7 that result in no toxic or bioaccumulative impact

8 on the living resources that inhabit the Bay or

9 on human health; and

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

11 enhancement goals established by Chesapeake

12 Bay Agreement signatories for wetlands, forest

13 riparian zones, and other types of habitat associ14 ated with the Chesapeake Bay and the tribu15 taries of the Chesapeake Bay.

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

17 The Administrator, in consultation with other mem18 bers of the Chesapeake Executive Council, may offer

19 the technical assistance and assistance grants author20 ized under subsection (d) to local governments and

21 nonprofit private organizations and individuals in

22 the Chesapeake Bay watershed to implement—

23 ‘‘(A) cooperative tributary basin strategies

24 that address the Chesapeake Bay’s water quality

25 and living resource needs; or
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1 ‘‘(B) locally based protection and restora2 tion programs or projects within a watershed

3 that complement the tributary basin strategies.

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

5 later than December 31, 2000, and every 3 years thereafter,

6 the Administrator, in cooperation with other members of

7 the Chesapeake Executive Council, shall complete a study

8 and submit a comprehensive report to Congress on the re9 sults of the study. The study and report shall, at a mini10 mum—

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

12 management strategies established under the Chesa13 peake Bay Agreement and the extent to which the

14 commitments and goals are being met;

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

16 management strategies and the extent to which the

17 priority needs are being met;

18 ‘‘(3) assess the effects of air pollution deposition

19 on water quality of the Chesapeake Bay;

20 ‘‘(4) assess the state of the Chesapeake Bay and

21 its tributaries and related actions of the Chesapeake

22 Bay Program;

23 ‘‘(5) make recommendations for the improved

24 management of the Chesapeake Bay Program; and
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1 ‘‘(6) provide the report in a format transferable

2 to and usable by other watershed restoration pro3 grams.

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

5 authorized to be appropriated to carry out this section

6 $30,000,000 for each of fiscal years 1999 through 2003.’’.

7 SEC. 202. CHESAPEAKE BAY GATEWAYS AND WATERTRAILS.

8 (a) CHESAPEAKE BAY GATEWAYS AND WATERTRAILS

9 NETWORK.—

10 (1) IN GENERAL.—The Secretary of the Interior

11 (referred to in this section as the ‘‘Secretary’’), in co12 operation with the Administrator of the Environ13 mental Agency (referred to in this section as the ‘‘Ad14 ministrator’’), shall provide technical and financial

15 assistance, in cooperation with other Federal agencies,

16 State and local governments, nonprofit organizations,

17 and the private sector—

18 (A) to identify, conserve, restore, and inter19 pret natural, recreational, historical, and cul20 tural resources within the Chesapeake Bay Wa21 tershed;

22 (B) to identify and utilize the collective re23 sources as Chesapeake Bay Gateways sites for

24 enhancing public education of and access to the

25 Chesapeake Bay;
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1 (C) to link the Chesapeake Bay Gateways

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

3 other connections as determined by the Secretary;

4 (D) to develop and establish Chesapeake

5 Bay Watertrails comprising water routes and

6 connections to Chesapeake Bay Gateways sites

7 and other land resources within the Chesapeake

8 Bay Watershed; and

9 (E) to create a network of Chesapeake Bay

10 Gateways sites and Chesapeake Bay Watertrails.

11 (2) COMPONENTS.—Components of the Chesa12 peake Bay Gateways and Watertrails Network may

13 include—

14 (A) State or Federal parks or refuges;

15 (B) historic seaports;

16 (C) archaeological, cultural, historical, or

17 recreational sites; or

18 (D) other public access and interpretive

19 sites as selected by the Secretary.

20 (b) CHESAPEAKE BAY GATEWAYS GRANTS ASSIST21 ANCE PROGRAM.—

22 (1) IN GENERAL.—The Secretary, in cooperation

23 with the Administrator, shall establish a Chesapeake

24 Bay Gateways Grants Assistance Program to aid

25 State and local governments, local communities, non-
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1 profit organizations, and the private sector in con2 serving, restoring, and interpreting important his3 toric, cultural, recreational, and natural resources

4 within the Chesapeake Bay Watershed.

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

6 with the Administrator, shall develop appropriate eli7 gibility, prioritization, and review criteria for grants

8 under this section.

9 (3) MATCHING FUNDS AND ADMINISTRATIVE EX10 PENSES.—A grant under this section—

11 (A) shall not exceed 50 percent of eligible

12 project costs;

13 (B) shall be made on the condition that

14 non-Federal sources, including in-kind contribu15 tions of services or materials, provide the re16 mainder of eligible project costs; and

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

18 more than 10 percent of all eligible project costs

19 be used for administrative expenses.

20 (c) AUTHORIZATION OF APPROPRIATIONS.—There is

21 authorized to be appropriated to carry out this section

22 $3,000,000 for each of fiscal years 1999 through 2003.
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1 SEC. 203. PFIESTERIA AND OTHER AQUATIC TOXINS RE2 SEARCH AND GRANT PROGRAM.

3 (a) IN GENERAL.—The Administrator of the Environ4 mental Protection Agency, the Secretary of Commerce (act5 ing through the Director of the National Marine Fisheries

6 Service of the National Oceanic and Atmospheric Adminis7 tration), the Secretary of Health and Human Services (act8 ing through the Director of the National Institute of Envi9 ronmental Health Sciences and the Director of the Centers

10 for Disease Control and Prevention), and the Secretary of

11 Agriculture shall—

12 (1) establish a research program for the eradi13 cation or control of Pfiesteria piscicida and other

14 aquatic toxins; and

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

16 other entities in affected States for the eradication or

17 control of Pfiesteria piscicida and other aquatic tox18 ins.

19 (b) AUTHORIZATION OF APPROPRIATIONS.—There is

20 authorized to be appropriated to carry out this section

21 $5,000,000 for each of fiscal years 1999 and 2000.

22 SEC. 204. LONG ISLAND SOUND.

23 Section 119(e) of the Federal Water Pollution Control

24 Act (33 U.S.C. 1269(e)) is amended—

25 (1) in paragraph (1), by striking ‘‘1991 through

26 2001’’ and inserting ‘‘1999 through 2003’’; and
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1 (2) in paragraph (2), by striking ‘‘not to exceed

2 $3,000,000 for each of the fiscal years 1991 through

3 2001’’ and inserting ‘‘$10,000,000 for each of fiscal

4 years 1999 through 2003’’.