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[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1222 Engrossed in Senate (ES)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
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.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Estuary Habitat 
Restoration Partnership Act of 1998''.
    (b) Table of Contents.--The table of contents of 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.

                  TITLE I--ESTUARY HABITAT RESTORATION

SEC. 101. FINDINGS.

    Congress finds that--
            (1) estuaries provide some of the most ecologically and 
        economically productive habitat for an extensive variety of 
        plants, fish, wildlife, and waterfowl;
            (2) the estuaries and coastal regions of the United States 
        are home to one-half the population of the United States and 
        provide essential habitat for 75 percent of the Nation's 
        commercial fish catch and 80 to 90 percent of its recreational 
        fish catch;
            (3) estuaries are gravely threatened by habitat alteration 
        and loss from pollution, development, and overuse;
            (4) successful restoration of estuaries demands the 
        coordination of Federal, State, and local estuary habitat 
        restoration programs; and
            (5) the Federal, State, local, and private cooperation in 
        estuary habitat restoration activities in existence on the date 
        of enactment of this Act should be strengthened and new public 
        and public-private estuary habitat restoration partnerships 
        established.

SEC. 102. PURPOSES.

    The purposes of this title are--
            (1) to establish a voluntary program to restore 1,000,000 
        acres of estuary habitat by 2010;
            (2) to ensure coordination of Federal, State, and community 
        estuary habitat restoration programs, plans, and studies;
            (3) to establish effective estuary habitat restoration 
        partnerships among public agencies at all levels of government 
        and between the public and private sectors;
            (4) to promote efficient financing of estuary habitat 
        restoration activities; and
            (5) to develop and enhance monitoring and research 
        capabilities to ensure that restoration efforts are based on 
        sound scientific understanding.

SEC. 103. DEFINITIONS.

    In this title:
            (1) Collaborative council.--The term ``Collaborative 
        Council'' means the interagency council established by section 
        104.
            (2) Degraded estuary habitat.--The term ``degraded estuary 
        habitat'' means estuary habitat where natural ecological 
        functions have been impaired and normal beneficial uses have 
        been reduced.
            (3) Estuary.--The term ``estuary'' means--
                    (A) a body of water in which fresh water from a 
                river or stream meets and mixes with salt water from 
                the ocean; and
                    (B) the physical, biological, and chemical elements 
                associated with such a body of water.
            (4) Estuary habitat.--
                    (A) In general.--The term ``estuary habitat'' means 
                the complex of physical and hydrologic features and 
                living organisms within estuaries and associated 
                ecosystems.
                    (B) Inclusions.--The term ``estuary habitat'' 
                includes salt and fresh water coastal marshes, coastal 
                forested wetlands and other coastal wetlands, maritime 
                forests, coastal grasslands, tidal flats, natural 
                shoreline areas, shellfish beds, sea grass meadows, 
                kelp beds, river deltas, and river and stream banks 
                under tidal influence.
            (5) Estuary habitat restoration activity.--
                    (A) In general.--The term ``estuary habitat 
                restoration activity'' means an activity that results 
                in improving degraded estuary habitat (including both 
                physical and functional restoration), with the goal of 
                attaining a self-sustaining system integrated into the 
                surrounding landscape.
                    (B) Included activities.--The term ``estuary 
                habitat restoration activity'' includes--
                            (i) the reestablishment of physical 
                        features and biological and hydrologic 
                        functions;
                            (ii) except as provided in subparagraph 
                        (C)(ii), the cleanup of contamination related 
                        to the restoration of estuary habitat;
                            (iii) the control of non-native and 
                        invasive species;
                            (iv) the reintroduction of native species 
                        through planting or natural succession; and
                            (v) other activities that improve estuary 
                        habitat.
                    (C) Excluded activities.--The term ``estuary 
                habitat restoration activity'' does not include--
                            (i) an act that constitutes mitigation for 
                        the adverse effects of an activity regulated or 
                        otherwise governed by Federal or State law; or
                            (ii) an act that constitutes restitution 
                        for natural resource damages required under any 
                        Federal or State law.
            (6) Estuary habitat restoration project.--The term 
        ``estuary habitat restoration project'' means an estuary 
        habitat restoration activity under consideration or selected by 
        the Collaborative Council, in accordance with this title, to 
        receive financial, technical, or another form of assistance.
            (7) Estuary habitat restoration strategy.--The term 
        ``estuary habitat restoration strategy'' means the estuary 
        habitat restoration strategy developed under section 105(a).
            (8) Federal estuary management or habitat restoration 
        plan.--The term ``Federal estuary management or habitat 
        restoration plan'' means any Federal plan for restoration of 
        degraded estuary habitat that--
                    (A) was developed by a public body with the 
                substantial participation of appropriate public and 
                private stakeholders; and
                    (B) reflects a community-based planning process.
            (9) Secretary.--The term ``Secretary'' means the Secretary 
        of the Army, or a designee.
            (10) Under secretary.--The term ``Under Secretary'' means 
        the Under Secretary for Oceans and Atmosphere of the Department 
        of Commerce, or a designee.

SEC. 104. ESTABLISHMENT OF COLLABORATIVE COUNCIL.

    (a) Collaborative Council.--There is established an interagency 
council to be known as the ``Estuary Habitat Restoration Collaborative 
Council''.
    (b) Membership.--
            (1) In general.--The Collaborative Council shall be 
        composed of the Secretary, the Under Secretary, the 
        Administrator of the Environmental Protection Agency, and the 
        Secretary of the Interior (acting through the Director of the 
        United States Fish and Wildlife Service), or their designees.
            (2) Chairperson; lead agency.--The Secretary, or designee, 
        shall chair the Collaborative Council, and the Department of 
        the Army shall serve as the lead agency.
    (c) Convening of Collaborative Council.--The Secretary shall--
            (1) convene the first meeting of the Collaborative Council 
        not later than 30 days after the date of enactment of this Act; 
        and
            (2) convene additional meetings as often as appropriate to 
        ensure that this title is fully carried out, but not less often 
        than quarterly.
    (d) Collaborative Council Procedures.--
            (1) Quorum.--Three members of the Collaborative Council 
        shall constitute a quorum.
            (2) Voting and meeting procedures.--The Collaborative 
        Council shall establish procedures for voting and the conduct 
        of meetings by the Council.

SEC. 105. DUTIES OF COLLABORATIVE COUNCIL.

    (a) Estuary Habitat Restoration Strategy.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, the Collaborative Council, in 
        consultation with non-Federal participants, including nonprofit 
        sectors, as appropriate, shall develop an estuary habitat 
        restoration strategy designed to ensure a comprehensive 
        approach to the selection and prioritization of estuary habitat 
        restoration projects and the coordination of Federal and non-
        Federal activities related to restoration of estuary habitat.
            (2) Integration of previously authorized estuary habitat 
        restoration plans, programs, and partnerships.--In developing 
        the estuary habitat restoration strategy, the Collaborative 
        Council shall--
                    (A) conduct a review of--
                            (i) Federal estuary management or habitat 
                        restoration plans; and
                            (ii) Federal programs established under 
                        other law that provide funding for estuary 
                        habitat restoration activities;
                    (B) develop a set of proposals for--
                            (i) using programs established under this 
                        or any other Act to maximize the incentives for 
                        the creation of new public-private partnerships 
                        to carry out estuary habitat restoration 
                        projects; and
                            (ii) using Federal resources to encourage 
                        increased private sector involvement in estuary 
                        habitat restoration activities; and
                    (C) ensure that the estuary habitat restoration 
                strategy is developed and will be implemented in a 
                manner that is consistent with the findings and 
                requirements of Federal estuary management or habitat 
                restoration plans.
            (3) Elements to be considered.--Consistent with the 
        requirements of this section, the Collaborative Council, in the 
        development of the estuary habitat restoration strategy, shall 
        consider--
                    (A) the contributions of estuary habitat to--
                            (i) wildlife, including endangered and 
                        threatened species, migratory birds, and 
                        resident species of an estuary watershed;
                            (ii) fish and shellfish, including 
                        commercial and sport fisheries;
                            (iii) surface and ground water quality and 
                        quantity, and flood control;
                            (iv) outdoor recreation; and
                            (v) other areas of concern that the 
                        Collaborative Council determines to be 
                        appropriate for consideration;
                    (B) the estimated historic losses, estimated 
                current rate of loss, and extent of the threat of 
                future loss or degradation of each type of estuary 
                habitat; and
                    (C) the most appropriate method for selecting a 
                balance of smaller and larger estuary habitat 
                restoration projects.
            (4) Advice.--The Collaborative Council shall seek advice in 
        restoration of estuary habitat from experts in the private and 
        nonprofit sectors to assist in the development of an estuary 
        habitat restoration strategy.
            (5) Public review and comment.--Before adopting a final 
        estuary habitat restoration strategy, the Collaborative Council 
        shall publish in the Federal Register a draft of the estuary 
        habitat restoration strategy and provide an opportunity for 
        public review and comment.
    (b) Project Applications.--
            (1) In general.--An application for an estuary habitat 
        restoration project shall originate from a non-Federal 
        organization and shall require, when appropriate, the approval 
        of State or local agencies.
            (2) Factors to be taken into account.--In determining the 
        eligibility of an estuary habitat restoration project for 
        financial assistance under this title, the Collaborative 
        Council shall consider the following:
                    (A) Whether the proposed estuary habitat 
                restoration project meets the criteria specified in the 
                estuary habitat restoration strategy.
                    (B) The technical merit and feasibility of the 
                proposed estuary habitat restoration project.
                    (C) Whether the non-Federal persons proposing the 
                estuary habitat restoration project provide 
                satisfactory assurances that they will have adequate 
                personnel, funding, and authority to carry out and 
                properly maintain the estuary habitat restoration 
                project.
                    (D) Whether, in the State in which a proposed 
                estuary habitat restoration project is to be carried 
                out, there is a State dedicated source of funding for 
                programs to acquire or restore estuary habitat, natural 
                areas, and open spaces.
                    (E) Whether the proposed estuary habitat 
                restoration project will encourage the increased 
                coordination and cooperation of Federal, State, and 
                local government agencies.
                    (F) The amount of private funds or in-kind 
                contributions for the estuary habitat restoration 
                project.
                    (G) Whether the proposed habitat restoration 
                project includes a monitoring plan to ensure that 
                short-term and long-term restoration goals are 
                achieved.
                    (H) Other factors that the Collaborative Council 
                determines to be reasonable and necessary for 
                consideration.
            (4) Priority estuary habitat restoration projects.--An 
        estuary habitat restoration project shall be given a higher 
        priority in receipt of funding under this title if, in addition 
        to meeting the selection criteria specified in this section--
                    (A) the estuary habitat restoration project is part 
                of an approved Federal estuary management or habitat 
                restoration plan;
                    (B) the non-Federal share with respect to the 
                estuary habitat restoration project exceeds 50 percent; 
                or
                    (C) there is a program within the watershed of the 
                estuary habitat restoration project that addresses 
                sources of water pollution that would otherwise re-
                impair the restored habitat.
    (c) Interim Actions.--
            (1) In general.--Pending completion of the estuary habitat 
        restoration strategy developed under subsection (a), the 
        Collaborative Council may pay the Federal share of the cost of 
        an interim action to carry out an estuary habitat restoration 
        activity.
            (2) Federal share.--The Federal share shall not exceed 25 
        percent.
    (d) Cooperation of Non-Federal Partners.--
            (1) In general.--The Collaborative Council shall not select 
        an estuary habitat restoration project until a non-Federal 
        interest has entered into a written agreement with the 
        Secretary in which it agrees to provide the required non-
        Federal cooperation for the project.
            (2) Nonprofit entities.--Notwithstanding section 221 of the 
        Flood Control Act of 1970 (42 U.S.C. 1962d-5b(b)), for any 
        project undertaken under this section, the Secretary may, after 
        coordination with the official responsible for the political 
        jurisdiction in which a project would occur, allow a nonprofit 
        entity to serve as the non-Federal interest.
            (3) Maintenance and monitoring.--A cooperation agreement 
        entered into under paragraph (1) shall provide for maintenance 
        and monitoring of the estuary habitat restoration project to 
        the extent determined necessary by the Collaborative Council.
    (e) Lead Collaborative Council Member.--The Collaborative Council 
shall designate a lead Collaborative Council member for each proposed 
estuary habitat restoration project. The lead Collaborative Council 
member shall have primary responsibility for overseeing and assisting 
others in implementing the proposed project.
    (f) Agency Consultation and Coordination.--In carrying out this 
section, the Collaborative Council shall, as the Collaborative Council 
determines it to be necessary, consult with, cooperate with, and 
coordinate its activities with the activities of other appropriate 
Federal agencies.
    (g) Benefits and Costs of Estuary Habitat Restoration Projects.--
The Collaborative Council shall evaluate the benefits and costs of 
estuary habitat restoration projects in accordance with section 907 of 
the Water Resources Development Act of 1986 (33 U.S.C. 2284).
    (h) Authorization of Appropriations.--There is authorized to be 
appropriated to the Department of the Army for the administration and 
operation of the Collaborative Council $4,000,000 for each of fiscal 
years 1999 through 2003.

SEC. 106. COST SHARING OF ESTUARY HABITAT RESTORATION PROJECTS.

    (a) In General.--No financial assistance in carrying out an estuary 
habitat restoration project shall be available under this title from 
any Federal agency unless the non-Federal applicant for assistance 
demonstrates that the estuary habitat restoration project meets--
            (1) the requirements of this title; and
            (2) any criteria established by the Collaborative Council 
        under this title.
    (b) Federal Share.--The Federal share of the cost of an estuary 
habitat restoration and protection project assisted under this title 
shall be not more than 65 percent.
    (c) Non-Federal Share.--The non-Federal share of the cost of an 
estuary habitat restoration project may be provided in the form of 
land, easements, rights-of-way, services, or any other form of in-kind 
contribution determined by the Collaborative Council to be an 
appropriate contribution equivalent to the monetary amount required for 
the non-Federal share of the estuary habitat restoration project.
    (d) Allocation of Funds by States to Political Subdivisions.--With 
the approval of the Secretary, a State may allocate to any local 
government, area-wide agency designated under section 204 of the 
Demonstration Cities and Metropolitan Development Act of 1966 (42 
U.S.C. 3334), regional agency, or interstate agency, a portion of any 
funds disbursed in accordance with this title for the purpose of 
carrying out an estuary habitat restoration project.

SEC. 107. MONITORING AND MAINTENANCE OF ESTUARY HABITAT RESTORATION 
              PROJECTS.

    (a) Database of Restoration Project Information.--The Under 
Secretary shall maintain an appropriate database of information 
concerning estuary habitat restoration projects funded under this 
title, including information on project techniques, project completion, 
monitoring data, and other relevant information.
    (b) Report.--
            (1) In general.--The Collaborative Council shall biennially 
        submit a report to the Committee on Environment and Public 
        Works of the Senate and the Committee on Transportation and 
        Infrastructure of the House of Representatives on the results 
        of activities carried out under this title.
            (2) Contents of report.--A report under paragraph (1) shall 
        include--
                    (A) data on the number of acres of estuary habitat 
                restored under this title, including the number of 
                projects approved and completed that comprise those 
                acres;
                    (B) the percentage of restored estuary habitat 
                monitored under a plan to ensure that short-term and 
                long-term restoration goals are achieved;
                    (C) an estimate of the long-term success of varying 
                restoration techniques used in carrying out estuary 
                habitat restoration projects;
                    (D) a review of how the information described in 
                subparagraphs (A) through (C) has been incorporated in 
                the selection and implementation of estuary habitat 
                restoration projects;
                    (E) a review of efforts made to maintain an 
                appropriate database of restoration projects funded 
                under this title; and
                    (F) a review of the measures taken to provide the 
                information described in subparagraphs (A) through (C) 
                to persons with responsibility for assisting in the 
                restoration of estuary habitat.

SEC. 108. COOPERATIVE AGREEMENTS; MEMORANDA OF UNDERSTANDING.

    In carrying out this title, the Collaborative Council may--
            (1) enter into cooperative agreements with Federal, State, 
        and local government agencies and other persons and entities; 
        and
            (2) execute such memoranda of understanding as are 
        necessary to reflect the agreements.

SEC. 109. DISTRIBUTION OF APPROPRIATIONS FOR ESTUARY HABITAT 
              RESTORATION ACTIVITIES.

    The Secretary shall allocate funds made available to carry out this 
title based on the need for the funds and such other factors as are 
determined to be appropriate to carry out this title.

SEC. 110. AUTHORIZATION OF APPROPRIATIONS.

    (a) Authorization of Appropriations Under Other Law.--Funds 
authorized to be appropriated under section 908 of the Water Resources 
Development Act of 1986 (33 U.S.C. 2285) and section 206 of the Water 
Resources Development Act of 1996 (33 U.S.C. 2330) may be used by the 
Secretary in accordance with this title to assist States and other non-
Federal persons in carrying out estuary habitat restoration projects or 
interim actions under section 105(c).
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary to carry out estuary habitat restoration 
activities--
            (1) $40,000,000 for fiscal year 1999;
            (2) $50,000,000 for fiscal year 2000; and
            (3) $75,000,000 for each of fiscal years 2001 through 2003.

SEC. 111. NATIONAL ESTUARY PROGRAM.

    (a) Grants for Comprehensive Conservation and Management Plans.--
Section 320(g)(2) of the Federal Water Pollution Control Act (33 U.S.C. 
1330(g)(2)) is amended by inserting ``and implementation'' after 
``development''.
    (b) Authorization of Appropriations.--Section 320(i) of the Federal 
Water Pollution Control Act (33 U.S.C. 1330(i)) is amended by striking 
``1987'' and all that follows through ``1991'' and inserting the 
following: ``1987 through 1991, such sums as may be necessary for 
fiscal years 1992 through 1998, and $25,000,000 for each of fiscal 
years 1999 and 2000''.

SEC. 112. GENERAL PROVISIONS.

    (a) Additional Authority for Army Corps of Engineers.--The 
Secretary--
            (1) may carry out estuary habitat restoration projects in 
        accordance with this title; and
            (2) shall give estuary habitat restoration projects the 
        same consideration as projects relating to irrigation, 
        navigation, or flood control.
    (b) Inapplicability of Certain Law.--Sections 203, 204, and 205 of 
the Water Resources Development Act of 1986 (33 U.S.C. 2231, 2232, and 
2233) shall not apply to an estuary habitat restoration project 
selected in accordance with this title.
    (c) Estuary Habitat Restoration Mission.--The Secretary shall 
establish restoration of estuary habitat as a primary mission of the 
Army Corps of Engineers.
    (d) Federal Agency Facilities and Personnel.--
            (1) In general.--Federal agencies may cooperate in carrying 
        out scientific and other programs necessary to carry out this 
        title, and may provide facilities and personnel, for the 
        purpose of assisting the Collaborative Council in carrying out 
        its duties under this title.
            (2) Reimbursement from collaborative council.--Federal 
        agencies may accept reimbursement from the Collaborative 
        Council for providing services, facilities, and personnel under 
        paragraph (1).
    (e) Administrative Expenses and Staffing.--Not later than 180 days 
after the date of enactment of this title, the Comptroller General of 
the United States shall submit to Congress and the Secretary an 
analysis of the extent to which the Collaborative Council needs 
additional personnel and administrative resources to fully carry out 
its duties under this title. The analysis shall include recommendations 
regarding necessary additional funding.

        TITLE II--CHESAPEAKE BAY AND OTHER REGIONAL INITIATIVES

SEC. 201. CHESAPEAKE BAY.

    Section 117 of the Federal Water Pollution Control Act (33 U.S.C. 
1267) is amended to read as follows:

``SEC. 117. CHESAPEAKE BAY.

    ``(a) Definitions.--In this section:
            ``(1) Chesapeake bay agreement.--The term `Chesapeake Bay 
        Agreement' means the formal, voluntary agreements, amendments, 
        directives, and adoption statements executed to achieve the 
        goal of restoring and protecting the Chesapeake Bay ecosystem 
        and the living resources of the ecosystem and signed by the 
        Chesapeake Executive Council.
            ``(2) Chesapeake bay program.--The term `Chesapeake Bay 
        Program' means the program directed by the Chesapeake Executive 
        Council in accordance with the Chesapeake Bay Agreement.
            ``(3) Chesapeake bay watershed.--The term `Chesapeake Bay 
        watershed' shall have the meaning determined by the 
        Administrator.
            ``(4) Chesapeake executive council.--The term `Chesapeake 
        Executive Council' means the signatories to the Chesapeake Bay 
        Agreement.
            ``(5) Signatory jurisdiction.--The term `signatory 
        jurisdiction' means a jurisdiction of a signatory to the 
        Chesapeake Bay Agreement.
    ``(b) Continuation of Chesapeake Bay Program.--
            ``(1) In general.--In cooperation with the Chesapeake 
        Executive Council (and as a member of the Council), the 
        Administrator shall continue the Chesapeake Bay Program.
            ``(2) Program office.--The Administrator shall maintain in 
        the Environmental Protection Agency a Chesapeake Bay Program 
        Office. The Chesapeake Bay Program Office shall provide support 
        to the Chesapeake Executive Council by--
                    ``(A) implementing and coordinating science, 
                research, modeling, support services, monitoring, data 
                collection, and other activities that support the 
                Chesapeake Bay Program;
                    ``(B) developing and making available, through 
                publications, technical assistance, and other 
                appropriate means, information pertaining to the 
                environmental quality and living resources of the 
                Chesapeake Bay;
                    ``(C) assisting the signatories to the Chesapeake 
                Bay Agreement, in cooperation with appropriate Federal, 
                State, and local authorities, in developing and 
                implementing specific action plans to carry out the 
                responsibilities of the signatories to the Chesapeake 
                Bay Agreement;
                    ``(D) coordinating the actions of the Environmental 
                Protection Agency with the actions of the appropriate 
                officials of other Federal agencies and State and local 
                authorities in developing strategies to--
                            ``(i) improve the water quality and living 
                        resources of the Chesapeake Bay; and
                            ``(ii) obtain the support of the 
                        appropriate officials of the agencies and 
                        authorities in achieving the objectives of the 
                        Chesapeake Bay Agreement; and
                    ``(E) implementing outreach programs for public 
                information, education, and participation to foster 
                stewardship of the resources of the Chesapeake Bay.
    ``(c) Interagency Agreements.--The Administrator may enter into an 
interagency agreement with a Federal agency to carry out this section.
    ``(d) Technical Assistance and Assistance Grants.--
            ``(1) In general.--In consultation with other members of 
        the Chesapeake Executive Council, the Administrator may provide 
        technical assistance, and assistance grants, to nonprofit 
        private organizations and individuals, State and local 
        governments, colleges, universities, and interstate agencies to 
        carry out this section, subject to such terms and conditions as 
        the Administrator considers appropriate.
            ``(2) Federal share.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), the Federal share of an assistance 
                grant provided under paragraph (1) shall be determined 
                by the Administrator in accordance with Environmental 
                Protection Agency guidance.
                    ``(B) Small watershed grants program.--The Federal 
                share of an assistance grant provided under paragraph 
                (1) to carry out an implementing activity under 
                subsection (g)(2) shall not exceed 75 percent of 
                eligible project costs, as determined by the 
                Administrator.
            ``(3) Non-federal share.--An assistance grant under 
        paragraph (1) shall be provided on the condition that non-
        Federal sources provide the remainder of eligible project 
        costs, as determined by the Administrator.
            ``(4) Administrative costs.--Administrative costs 
        (including salaries, overhead, and indirect costs for services 
        provided and charged against projects supported by funds made 
        available under this subsection) incurred by a person described 
        in paragraph (1) in carrying out a project under this 
        subsection during a fiscal year shall not exceed 10 percent of 
        the grant made to the person under this subsection for the 
        fiscal year.
    ``(e) Implementation Grants.--
            ``(1) In general.--If a signatory jurisdiction has approved 
        and committed to implement all or substantially all aspects of 
        the Chesapeake Bay Agreement, on the request of the chief 
        executive of the jurisdiction, the Administrator shall make a 
        grant to the jurisdiction for the purpose of implementing the 
        management mechanisms established under the Chesapeake Bay 
        Agreement, subject to such terms and conditions as the 
        Administrator considers appropriate.
            ``(2) Proposals.--A signatory jurisdiction described in 
        paragraph (1) may apply for a grant under this subsection for a 
        fiscal year by submitting to the Administrator a comprehensive 
        proposal to implement management mechanisms established under 
        the Chesapeake Bay Agreement. The proposal shall include--
                    ``(A) a description of proposed management 
                mechanisms that the jurisdiction commits to take within 
                a specified time period, such as reducing or preventing 
                pollution in the Chesapeake Bay and to meet applicable 
                water quality standards; and
                    ``(B) the estimated cost of the actions proposed to 
                be taken during the fiscal year.
            ``(3) Approval.--If the Administrator finds that the 
        proposal is consistent with the Chesapeake Bay Agreement and 
        the national goals established under section 101(a), the 
        Administrator may approve the proposal for a fiscal year.
            ``(4) Federal share.--The Federal share of an 
        implementation grant provided under this subsection shall not 
        exceed 50 percent of the costs of implementing the management 
        mechanisms during the fiscal year.
            ``(5) Non-federal share.--An implementation grant under 
        this subsection shall be made on the condition that non-Federal 
        sources provide the remainder of the costs of implementing the 
        management mechanisms during the fiscal year.
            ``(6) Administrative costs.--Administrative costs 
        (including salaries, overhead, and indirect costs for services 
        provided and charged against projects supported by funds made 
        available under this subsection) incurred by a signatory 
        jurisdiction in carrying out a project under this subsection 
        during a fiscal year shall not exceed 10 percent of the grant 
        made to the jurisdiction under this subsection for the fiscal 
        year.
    ``(f) Compliance of Federal Facilities.--
            ``(1) Subwatershed planning and restoration.--A Federal 
        agency that owns or operates a facility (as defined by the 
        Administrator) within the Chesapeake Bay watershed shall 
        participate in regional and subwatershed planning and 
        restoration programs.
            ``(2) Compliance with agreement.--The head of each Federal 
        agency that owns or occupies real property in the Chesapeake 
        Bay watershed shall ensure that the property, and actions taken 
        by the agency with respect to the property, comply with the 
        Chesapeake Bay Agreement.
    ``(g) Chesapeake Bay Watershed, Tributary, and River Basin 
Program.--
            ``(1) Nutrient and water quality management strategies.--
        Not later than 1 year after the date of enactment of this 
        subsection, the Administrator, in consultation with other 
        members of the Chesapeake Executive Council, shall ensure that 
        management plans are developed and implementation is begun by 
        signatories to the Chesapeake Bay Agreement for the tributaries 
        of the Chesapeake Bay to achieve and maintain--
                    ``(A) the nutrient goals of the Chesapeake Bay 
                Agreement for the quantity of nitrogen and phosphorus 
                entering the main stem Chesapeake Bay;
                    ``(B) the water quality requirements necessary to 
                restore living resources in both the tributaries and 
                the main stem of the Chesapeake Bay;
                    ``(C) the Chesapeake Bay basinwide toxics reduction 
                and prevention strategy goal of reducing or eliminating 
                the input of chemical contaminants from all 
                controllable sources to levels that result in no toxic 
                or bioaccumulative impact on the living resources that 
                inhabit the Bay or on human health; and
                    ``(D) habitat restoration, protection, and 
                enhancement goals established by Chesapeake Bay 
                Agreement signatories for wetlands, forest riparian 
                zones, and other types of habitat associated with the 
                Chesapeake Bay and the tributaries of the Chesapeake 
                Bay.
            ``(2) Small watershed grants program.--The Administrator, 
        in consultation with other members of the Chesapeake Executive 
        Council, may offer the technical assistance and assistance 
        grants authorized under subsection (d) to local governments and 
        nonprofit private organizations and individuals in the 
        Chesapeake Bay watershed to implement--
                    ``(A) cooperative tributary basin strategies that 
                address the Chesapeake Bay's water quality and living 
                resource needs; or
                    ``(B) locally based protection and restoration 
                programs or projects within a watershed that complement 
                the tributary basin strategies.
    ``(h) Study of Chesapeake Bay Program.--Not later than December 31, 
2000, and every 3 years thereafter, the Administrator, in cooperation 
with other members of the Chesapeake Executive Council, shall complete 
a study and submit a comprehensive report to Congress on the results of 
the study. The study and report shall, at a minimum--
            ``(1) assess the commitments and goals of the management 
        strategies established under the Chesapeake Bay Agreement and 
        the extent to which the commitments and goals are being met;
            ``(2) assess the priority needs required by the management 
        strategies and the extent to which the priority needs are being 
        met;
            ``(3) assess the effects of air pollution deposition on 
        water quality of the Chesapeake Bay;
            ``(4) assess the state of the Chesapeake Bay and its 
        tributaries and related actions of the Chesapeake Bay Program;
            ``(5) make recommendations for the improved management of 
        the Chesapeake Bay Program; and
            ``(6) provide the report in a format transferable to and 
        usable by other watershed restoration programs.
    ``(i) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $30,000,000 for each of fiscal 
years 1999 through 2003.''.

SEC. 202. CHESAPEAKE BAY GATEWAYS AND WATERTRAILS.

    (a) Chesapeake Bay Gateways and Watertrails Network.--
            (1) In general.--The Secretary of the Interior (referred to 
        in this section as the ``Secretary''), in cooperation with the 
        Administrator of the Environmental Agency (referred to in this 
        section as the ``Administrator''), shall provide technical and 
        financial assistance, in cooperation with other Federal 
        agencies, State and local governments, nonprofit organizations, 
        and the private sector--
                    (A) to identify, conserve, restore, and interpret 
                natural, recreational, historical, and cultural 
                resources within the Chesapeake Bay Watershed;
                    (B) to identify and utilize the collective 
                resources as Chesapeake Bay Gateways sites for 
                enhancing public education of and access to the 
                Chesapeake Bay;
                    (C) to link the Chesapeake Bay Gateways sites with 
                trails, tour roads, scenic byways, and other 
                connections as determined by the Secretary;
                    (D) to develop and establish Chesapeake Bay 
                Watertrails comprising water routes and connections to 
                Chesapeake Bay Gateways sites and other land resources 
                within the Chesapeake Bay Watershed; and
                    (E) to create a network of Chesapeake Bay Gateways 
                sites and Chesapeake Bay Watertrails.
            (2) Components.--Components of the Chesapeake Bay Gateways 
        and Watertrails Network may include--
                    (A) State or Federal parks or refuges;
                    (B) historic seaports;
                    (C) archaeological, cultural, historical, or 
                recreational sites; or
                    (D) other public access and interpretive sites as 
                selected by the Secretary.
    (b) Chesapeake Bay Gateways Grants Assistance Program.--
            (1) In general.--The Secretary, in cooperation with the 
        Administrator, shall establish a Chesapeake Bay Gateways Grants 
        Assistance Program to aid State and local governments, local 
        communities, nonprofit organizations, and the private sector in 
        conserving, restoring, and interpreting important historic, 
        cultural, recreational, and natural resources within the 
        Chesapeake Bay Watershed.
            (2) Criteria.--The Secretary, in cooperation with the 
        Administrator, shall develop appropriate eligibility, 
        prioritization, and review criteria for grants under this 
        section.
            (3) Matching funds and administrative expenses.--A grant 
        under this section--
                    (A) shall not exceed 50 percent of eligible project 
                costs;
                    (B) shall be made on the condition that non-Federal 
                sources, including in-kind contributions of services or 
                materials, provide the remainder of eligible project 
                costs; and
                    (C) shall be made on the condition that not more 
                than 10 percent of all eligible project costs be used 
                for administrative expenses.
    (c) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $3,000,000 for each of fiscal 
years 1999 through 2003.

SEC. 203. PFIESTERIA AND OTHER AQUATIC TOXINS RESEARCH AND GRANT 
              PROGRAM.

    (a) In General.--The Administrator of the Environmental Protection 
Agency, the Secretary of Commerce (acting through the Director of the 
National Marine Fisheries Service of the National Oceanic and 
Atmospheric Administration), the Secretary of Health and Human Services 
(acting through the Director of the National Institute of Environmental 
Health Sciences and the Director of the Centers for Disease Control and 
Prevention), and the Secretary of Agriculture shall--
            (1) establish a research program for the eradication or 
        control of Pfiesteria piscicida and other aquatic toxins; and
            (2) make grants to colleges, universities, and other 
        entities in affected States for the eradication or control of 
        Pfiesteria piscicida and other aquatic toxins.
    (b) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $5,000,000 for each of fiscal 
years 1999 and 2000.

SEC. 204. LONG ISLAND SOUND.

    Section 119(e) of the Federal Water Pollution Control Act (33 
U.S.C. 1269(e)) is amended--
            (1) in paragraph (1), by striking ``1991 through 2001'' and 
        inserting ``1999 through 2003''; and
            (2) in paragraph (2), by striking ``not to exceed 
        $3,000,000 for each of the fiscal years 1991 through 2001'' and 
        inserting ``$10,000,000 for each of fiscal years 1999 through 
        2003''.

SEC. 205. NATIONAL ENVIRONMENTAL WASTE TECHNOLOGY TESTING AND 
              EVALUATION CENTER.

    (a) In General.--The Administrator of the Environmental Protection 
Agency is authorized to provide financial assistance to the National 
Environmental Waste Technology Testing and Evaluation Center in Butte, 
Montana.
    (b) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $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 more efficient 
  financing of projects and enhanced coordination of Federal and non-
         Federal restoration programs, and for other purposes.

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