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[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1775 Introduced in House (IH)]

106th CONGRESS
  1st Session
                                H. R. 1775

   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 HOUSE OF REPRESENTATIVES

                              May 12, 1999

 Mr. Gilchrest (for himself, Mrs. Tauscher, Mr. Forbes, Mr. Goss, Mr. 
   Bilbray, Mr. Shays, Mr. Cardin, Mr. Price of North Carolina, Mrs. 
    Morella, Mr. Saxton, Mr. Foley, Mr. Bentsen, Mr. McDermott, Mr. 
Metcalf, Mr. Smith of Washington, Mr. Greenwood, Mr. Inslee, Mr. Dicks, 
 Ms. DeLauro, Mrs. Lowey, Mr. English, Mrs. Kelly, Mr. Tauzin, and Mr. 
   Lampson) introduced the following bill; which was referred to the 
Committee on Transportation and Infrastructure, and in addition to the 
 Committee on Resources, for a period to be subsequently determined by 
the Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 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.

    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 1999''.
    (b) Table of Contents.--

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 Estuary Habitat Restoration Council.
Sec. 105. Establishment of regional councils.
Sec. 106. Estuary habitat restoration strategy.
Sec. 107. Applications for estuary habitat restoration projects.
Sec. 108. Administrative provisions.
Sec. 109. Monitoring and maintenance of estuary habitat restoration 
                            projects.
Sec. 110. Funding.
Sec. 111. General provisions.
                    TITLE II--CHESAPEAKE BAY PROGRAM

Sec. 201. Reauthorization of Chesapeake Bay Program.

                  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, overuse, sea level rise, 
        and the introduction of harmful nonindigenous species;
            (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 and 
        strategies established.

SEC. 102. PURPOSES.

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

SEC. 103. DEFINITIONS.

    In this Act, the following definitions apply:
            (1) Council.--The term ``Council'' means the Estuary 
        Habitat Restoration 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 part of a river 
        or stream or other body of water that has an unimpaired 
        connection with the open sea and where the sea water is 
        measurably diluted with fresh water derived from land drainage.
            (4) Estuary habitat.--
                    (A) In general.--The term ``estuary habitat'' means 
                the physical, biological, and chemical elements 
                associated with an estuary, including the complex of 
                physical and hydrologic features and living organisms 
                within the estuary and associated ecosystems.
                    (B) Included habitat.--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, river and stream banks under 
                tidal influence, and beds of submerged aquatic 
                vegetation.
            (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 section 107(e), 
                        the cleanup of contamination related to the 
                        restoration of estuary habitat;
                            (iii) the control of nonnative and invasive 
                        species;
                            (iv) the reintroduction of native species 
                        through planting or natural succession; and
                            (v) other activities that improve estuary 
                        habitat.
            (6) Estuary habitat restoration project.--The term 
        ``estuary habitat restoration project'' means an estuary 
        habitat restoration activity under consideration or selected by 
        the Council, in accordance with this Act, 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 106.
            (8) Estuary management or habitat restoration plan.--The 
        term ``estuary management or habitat restoration plan'' means 
        any plan for restoration of degraded estuary habitat that--
                    (A) was developed by, or in cooperation with, a 
                public body with the substantial participation of 
                appropriate public and private stakeholders; and
                    (B) reflects a community-based planning process.
            (9) Gulf region.--The term ``Gulf region'' means the region 
        consisting of the States of Florida, Alabama, Mississippi, 
        Louisiana, and Texas.
            (10) Middle atlantic region.--The term ``Middle Atlantic 
        region'' means the region consisting of the States of New 
        Jersey, Delaware, Maryland, Pennsylvania, and Virginia.
            (11) Northeast region.--The term ``Northeast region'' means 
        the region consisting of the States of Maine, New Hampshire, 
        New York, Massachusetts, Rhode Island, and Connecticut.
            (12) Northwest region.--The term ``Northwest region'' means 
        the region consisting of the States of Oregon, Washington, and 
        Alaska.
            (13) Regional council.--The term ``Regional Council'' means 
        a Regional Council of the Estuary Habitat Restoration Council 
        established by section 105.
            (14) Secretary.--The term ``Secretary'' means the Secretary 
        of the Army (or the Secretary's designee).
            (15) Southeast region.--The term ``Southeast region'' means 
        the region consisting of the States of North Carolina, South 
        Carolina, Georgia, and Florida.
            (16) Southwest region.--The term ``Southwest region'' means 
        the region consisting of the States of California and Hawaii.

SEC. 104. ESTABLISHMENT OF ESTUARY HABITAT RESTORATION COUNCIL.

    (a) Council.--There is established a council to be known as the 
``Estuary Habitat Restoration Council''.
    (b) Duties.--The Council shall be responsible for--
            (1) reviewing project applications forwarded to the Council 
        from the Regional Councils and selecting from the project 
        applications projects that are eligible for assistance made 
        available under this Act;
            (2) developing a national strategy for restoration of 
        estuary habitat; and
            (3) periodically reviewing the effectiveness of the 
        national strategy in meeting the purposes of this Act, and 
making recommendations for improvements in the national strategy.
    (c) Membership.--The Council shall be composed of 12 members as 
follows:
            (1) The Secretary (or the Secretary's designee).
            (2) The Under Secretary for Oceans and Atmosphere of the 
        Department of Commerce (or the Under Secretary's designee).
            (3) The Administrator of the Environmental Protection 
        Agency (or the Administrator's designee).
            (4) The Secretary of the Interior, acting through the 
        Director of the United States Fish and Wildlife Service (or the 
        Secretary's designee).
            (5) The Secretary of Agriculture (or the Secretary's 
        designee).
            (6) The Secretary of Transportation (or the Secretary's 
        designee).
            (7) One representative from each of the 6 Regional Councils 
        established under section 105 to be appointed by the Secretary 
        from among individuals who are not officers or employees of the 
        United States.
    (d) Appointment and Terms.--
            (1) In general.--Except as provided in paragraph (2), 
        members of the Council under subsection (c)(7) shall be 
        appointed for a term of 3 years.
            (2) Initial members.--Of the members first appointed under 
        subsection (c)(7)--
                    (A) 2 shall be appointed for a term of 1 year;
                    (B) 2 shall be appointed for a term of 2 years; and
                    (C) 2 shall be appointed for a term of 3 years.
            (3) Vacancies.--Whenever a vacancy occurs among members of 
        the Council appointed under subsection (c)(7), the Secretary 
        shall appoint an individual in accordance with such subsection 
        to fill that vacancy for the remainder of the applicable term.
    (e) Prohibition of Compensation.--Members of the Council may not 
receive compensation for their service as members of the Council.
    (f) Nonvoting Members.--The Secretary is authorized and encouraged 
to include as nonvoting members of the Commission representatives of 
nonprofit charitable organizations and Native American interests, 
including tribal organizations, that undertake estuary habitat 
restoration activities.
    (g) Chairperson.--The chairperson shall be elected by the Council 
from among its members for a 3-year term, except that the first elected 
chairperson may serve a term of less than 3 years.
    (h) Convening of Council.--The chairperson shall--
            (1) convene the first meeting of the 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 Act is fully carried out, but not less often 
        than annually.
    (i) Council Procedures.--
            (1) Quorum.--A majority of the voting membership of the 
        Council shall constitute a quorum for the transaction of 
        business.
            (2) Voting and meeting procedures.--The Council shall 
        establish procedures for voting and the conduct of meetings by 
        the Council.
            (3) Public participation.--Council meetings shall be open 
        to the public. The Council shall provide notice to the public 
        of such meetings.
            (4) Removal of members.--If a Council member appointed 
        under subsection (c)(7) misses 3 consecutive regularly 
        scheduled meetings, the Secretary may remove that individual in 
        accordance with subsection (d)(3).
    (j) Coordinator.--The Secretary shall appoint a Coordinator who 
shall--
            (1) be educated and experienced in estuary protection, 
        restoration, and program management;
            (2) be responsible, with assistance from the Secretary, for 
        facilitating consideration of estuary habitat restoration 
        projects by the Council and Regional Councils and otherwise 
        assisting the Council and Regional Councils in carrying out 
        their responsibilities under this Act; and
            (3) be compensated with funds available under section 
        110(b).

SEC. 105. ESTABLISHMENT OF REGIONAL COUNCILS.

    (a) Regional Councils.--There are established 6 Regional Councils 
of the Estuary Restoration Council. Each Regional Council shall 
represent a different one of the following regions:
            (1) The Gulf region.
            (2) The Middle Atlantic region.
            (3) The Northeast region.
            (4) The Northwest region.
            (5) The Southeast region.
            (6) The Southwest region.
    (b) Membership.--A Regional Council shall be composed of the 
Governor of each State in the region represented by the Regional 
Council (or the Governor's designee) and such other members as the 
Governors shall jointly designate.
    (c) Nonvoting Membership.--A Regional Council may appoint nonvoting 
members of the Regional Council from relevant agencies, programs, and 
organizations, including--
            (1) relevant State agencies and regional and field staff of 
        relevant Federal agencies;
            (2) representatives of relevant coastal and estuary 
        programs, such as those developed according to the Coastal Zone 
        Management Program and the National Estuary Program; and
            (3) representatives of nonprofit and charitable 
        organizations that undertake estuary habitat restoration 
        activities.
    (d) Chairperson.--A Regional Council shall select a chairperson 
from among its members.
    (e) Duties.--A Regional Council shall be responsible for--
            (1) developing a regional strategy that is consistent with 
        the national strategy for the selection and prioritization of 
project proposals within the region;
            (2) establishing technical criteria for project proposals, 
        which are consistent with the goals and priorities of the 
        regional and national strategies;
            (3) soliciting, evaluating, and forwarding to the Council 
        applications for estuary habitat restoration projects; and
            (4) periodically reviewing the effectiveness of the 
        regional strategy toward meeting the goals and objectives of 
        the national strategy and recommending and implementing 
        improvements.
    (f) Technical Support.--Technical support shall be provided to a 
Regional Council by regional and field staff of the Corps of Engineers, 
the Environmental Protection Agency, the National Oceanic and 
Atmospheric Administration, the United States Fish and Wildlife 
Service, and the Department of Agriculture. The Secretary shall 
coordinate the provision of such assistance.
    (g) Administrative Support Services.--Upon the request of a 
Regional Council, the Secretary shall provide to the Regional Council 
the administrative support services necessary for the Regional Council 
to carry out its responsibilities under this Act.

SEC. 106. ESTUARY HABITAT RESTORATION STRATEGY.

    (a) In General.--Not later than 1 year after the date of enactment 
of this Act, the Council, in consultation with State and other non-
Federal entities, including nonprofit entities, as appropriate, shall 
develop an estuary habitat restoration strategy designed to ensure a 
comprehensive approach to maximize benefits derived from estuary 
habitat restoration projects and to foster the coordination of Federal 
and non-Federal activities related to restoration of estuary habitat.
    (b) Integration of Estuary Habitat Restoration Plans, Programs, and 
Partnerships.--In developing the estuary habitat restoration strategy, 
the Council shall--
            (1) conduct a review of--
                    (A) estuary management or habitat restoration 
                plans; and
                    (B) Federal programs established under other laws 
                that authorize funding for estuary habitat restoration 
                activities;
            (2) develop a set of proposals for--
                    (A) using programs established under this Act or 
                any other Act to maximize the incentives for the 
                creation of new public-private partnerships to carry 
                out estuary habitat restoration projects; and
                    (B) using Federal resources to encourage increased 
                private sector involvement in estuary habitat 
                restoration activities; and
            (3) ensure that the estuary habitat restoration strategy is 
        developed and will be implemented in a manner that is 
        consistent with the estuary management or habitat restoration 
        plans.
    (c) Elements To Be Considered.--Consistent with the requirements of 
this section, the Council in the development of the estuary habitat 
restoration strategy, shall consider--
            (1) the contributions of estuary habitat to--
                    (A) providing healthy ecosystems in order to 
                support--
                            (i) wildlife, including endangered and 
                        threatened species, migratory birds, and 
                        resident species of an estuary watershed; and
                            (ii) fish and shellfish, including 
                        commercial and recreational fisheries;
                    (B) surface and ground water quality and quantity, 
                and flood control;
                    (C) outdoor recreation and other direct and 
                indirect values; and
                    (D) other areas of concern that the Council 
                determines to be appropriate for consideration;
            (2) 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
            (3) the most appropriate method for selecting a balance of 
        smaller and larger estuary habitat restoration projects.
    (d) Advice.--The Council shall seek the advice of experts in 
restoration of estuary habitat to assist in the development of an 
estuary habitat restoration strategy.
    (e) Public Review and Comment.--Before adopting a final estuary 
habitat restoration strategy, the Council shall publish in the Federal 
Register a draft of the estuary habitat restoration strategy and 
provide an opportunity for public review and comment.
    (f) Periodic Revision.--Using data and information developed 
through project monitoring, management, and other relevant information, 
the Council shall periodically review and update, as necessary, the 
estuary habitat restoration strategy.

SEC. 107. APPLICATIONS FOR ESTUARY HABITAT RESTORATION PROJECTS.

    (a) In General.--An application for an estuary habitat restoration 
project shall originate from a State or other non-Federal entity and 
shall require the approval of the appropriate State or local agencies, 
if such approval is required under State or local laws.
    (b) Review by Regional Councils.--
            (1) In general.--An application for an estuary habitat 
        restoration project shall first be submitted to the appropriate 
        Regional Council for review.
            (2) Technical assistance.--A Regional Council receiving an 
        application from an applicant under paragraph (1) shall 
        provide, as necessary, technical assistance to the applicant to 
        ensure that the application is complete.
            (3) Selection.--A Regional Council shall select for each 
        fiscal year those applications for estuary habitat restoration 
        projects that the Regional Council determines are eligible for 
        funding under the factors specified in subsection (c) and shall 
        transmit such applications to the Council for further review.
            (4) Consideration by council.--The Council may provide 
        financial assistance to an estuary habitat restoration project 
        under this Act only if the project has been transmitted to the 
Council by a Regional Council under paragraph (3).
    (c) Factors To Be Taken Into Account.--In determining the 
eligibility of an estuary habitat restoration project for financial 
assistance under this Act, the Council shall consider the following 
factors:
            (1) Whether the proposed estuary habitat restoration 
        project meets the criteria specified in the estuary habitat 
        restoration strategy.
            (2) The technical merit and feasibility of the proposed 
        estuary habitat restoration project.
            (3) Whether the non-Federal entities 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.
            (4) Whether the proposed estuary habitat restoration 
        project will encourage the increased coordination and 
        cooperation of Federal, State, and local government agencies.
            (5) The amount of private funds or in-kind contributions 
        for the estuary habitat restoration project.
            (6) Whether the proposed habitat restoration project 
        includes a monitoring plan that is consistent with standards 
        for monitoring developed under section 109 to ensure that 
        short-term and long-term restoration goals are achieved.
            (7) Other factors that the Council determines to be 
        reasonable and necessary for consideration.
    (d) Priority Estuary Habitat Restoration Projects.--An estuary 
habitat restoration project shall be given a higher priority in receipt 
of funding under this Act if, in addition to meeting the selection 
criteria established by the Council--
            (1) the estuary habitat restoration project is part of an 
        estuary management or habitat restoration plan; or
            (2) there is a program within the watershed of the estuary 
        habitat restoration project that addresses sources of pollution 
        and other activities that otherwise would re-impair the 
        restored habitat.
    (e) Excluded Activities.--An activity shall not be considered to be 
an estuary habitat restoration activity under this Act if the 
activity--
            (1) constitutes mitigation for the adverse effects of an 
        activity regulated or otherwise governed by Federal or State 
        law; or
            (2) constitutes restoration for natural resource damages 
        required under any Federal or State law.

SEC. 108. ADMINISTRATIVE PROVISIONS.

    (a) Cooperative Agreements; Memoranda of Understanding.--In 
carrying out this Act, the Council may--
            (1) enter into cooperative agreements with Federal, State, 
        and local government agencies and other entities; and
            (2) execute such memoranda of understanding as are 
        necessary to reflect the agreements.
    (b) Distribution of Appropriations for Estuary Habitat Restoration 
Activities.--The Secretary shall allocate funds made available to carry 
out this Act based on the need for the funds and such other factors as 
are determined to be appropriate to carry out this Act.
    (c) Cost Sharing of Estuary Habitat Restoration Projects.--
            (1) In general.--No financial assistance in carrying out an 
        estuary habitat restoration project shall be available under 
        this Act from any Federal agency unless the non-Federal 
        applicant for assistance demonstrates that the estuary habitat 
        restoration project meets--
                    (A) the requirements of this Act; and
                    (B) any criteria established by the Council under 
                this Act.
            (2) Federal share.--The Federal share of the cost of an 
        estuary habitat restoration and protection project assisted 
        under this Act shall not exceed 65 percent.
            (3) 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 Council to 
        be an appropriate contribution equivalent to the monetary 
        amount required for the non-Federal share of the estuary 
        habitat restoration project.
    (d) Interim Actions.--
            (1) In general.--Pending completion of the estuary habitat 
        restoration strategy developed under section 106, the 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 of the cost of an 
        estuary habitat restoration activity assisted under this Act 
        before the completion of the estuary habitat restoration 
        strategy shall not exceed 25 percent.
    (e) Cooperation of Non-Federal Partners.--
            (1) In general.--The 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 
        the non-Federal interest 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 appropriate State and local officials 
        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.
    (f) Agency Consultation and Coordination.--In carrying out this 
Act, the Council shall, as the Council determines it to be necessary, 
consult with, cooperate with, and coordinate its activities with the 
activities of other Federal agencies.
    (g) Benefits and Costs of Estuary Habitat Restoration Projects.--
The 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) Allocation of Funds by States.--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, 
interstate agency, or nonprofit entity a portion of any funds disbursed 
in accordance with this Act for the purpose of carrying out an estuary 
habitat restoration project.

SEC. 109. MONITORING AND MAINTENANCE OF ESTUARY HABITAT RESTORATION 
              PROJECTS.

    (a) Database of Restoration Project Information.--The Under 
Secretary for Oceans and Atmosphere of the Department of Commerce shall 
develop and maintain an appropriate database of information concerning 
estuary habitat restoration projects funded under this Act, including 
information on project techniques, project completion, monitoring data, 
and other relevant information.
    (b) Monitoring Data Standards.--The Council shall develop standard 
data formats for monitoring projects, along with requirements for types 
of data collected and frequency of monitoring.
    (c) Report.--
            (1) In general.--The Council shall biennially submit a 
        report to the Committee on Environment and Public Works of the 
        Senate and the Committee on Transportation and Infrastructure 
        and the Committee on Resources of the House of Representatives 
        on the results of activities carried out under this Act.
            (2) Contents of report.--A report under paragraph (1) shall 
        include--
                    (A) data on the number of acres of estuary habitat 
                restored under this Act, 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 Act; 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. 110. FUNDING.

    (a) Authorization of Appropriations.--
            (1) Estuary habitat restoration activities.--There is 
        authorized to be appropriated to the Secretary for estuary 
        habitat restoration activities--
                    (A) $40,000,000 for fiscal year 2001;
                    (B) $50,000,000 for fiscal year 2002; and
                    (C) $75,000,000 for each of fiscal years 2003 
                through 2005.
            (2) Monitoring.--There is authorized to be appropriated to 
        the Under Secretary for Oceans and Atmosphere of the Department 
        of Commerce for the acquisition, maintenance, and management of 
        monitoring data on restoration projects funded under this Act, 
        $2,000,000 for each of fiscal years 2001 through 2005.
    (b) Set-Aside for Administrative Expenses of the Council and 
Regional Councils.--Not to exceed 3 percent of the amounts appropriated 
for a fiscal year under subsection (a)(1) or $2,000,000, whichever is 
greater, may be used by the Secretary for administration and operation 
of the Council and Regional Councils.

SEC. 111. GENERAL PROVISIONS.

    (a) Additional Authority for Army Corps of Engineers.--The 
Secretary may carry out estuary habitat restoration projects in 
accordance with this Act.
    (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 Act.
    (c) Estuary Habitat Restoration Mission.--The Secretary shall 
ensure that restoration of estuary habitat is included as a primary 
mission of the Corps of Engineers under section 306 of Water Resources 
Development Act of 1990 (33 U.S.C. 2316).
    (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 
        Act, and may provide facilities and personnel, for the purpose 
        of assisting the Council in carrying out its duties under this 
        Act.
            (2) Reimbursement from council.--Federal agencies may 
        accept reimbursement from the 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 Act, the Comptroller General of the 
United States shall submit to Congress and the Secretary an analysis of 
the extent to which the Council needs additional personnel and 
administrative resources to fully carry out its duties under this Act. 
The analysis shall include recommendations regarding necessary 
additional funding.

                    TITLE II--CHESAPEAKE BAY PROGRAM

SEC. 201. REAUTHORIZATION OF CHESAPEAKE BAY PROGRAM.

    Section 117(d) of the Federal Water Pollution Control Act (33 
U.S.C. 1267(d)) is amended to read as follows:
    ``(d) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section such sums as may be necessary 
for fiscal years 1991 through 2000 and $30,000,000 for each of fiscal 
years 2001 through 2005, of which no more than $3,000,000 is authorized 
to be appropriated for any such fiscal year to carry out subsection 
(a). Such sums shall remain available until expended.''.
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