IB

Union Calendar No. 366

106TH CONGRESS

2D SESSION H. R. 1775

[Report No. 106–561, Parts I and II]

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

APRIL 4, 2000

Reported from the Committee on Transportation and Infrastructure with an

amendment

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

APRIL 4, 2000

Referral to the Committee on Resources extended for a period ending not later

than June 9, 2000

JUNE 9, 2000

Additional sponsors: Mr. HOYER, Mr. KENNEDY of Rhode Island, Mr. COOK,

Mr. JOHN, Mr. ACKERMAN, Mr. JONES of North Carolina, Mr.

WEYGAND, Mr. ROTHMAN, Mr. DAVIS of Florida, Mr. MEEHAN, Mr.

PALLONE, Mr. FOSSELLA, Mr. EHLERS, Mr. WYNN, Mrs. JOHNSON of

Connecticut, Mr. LAZIO, Mr. GEJDENSON, Mr. GREEN of Texas, Ms.
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BROWN of Florida, Mr. BLUMENAUER, Mr. BAIRD, Mr. MCGOVERN, Mr.

DELAHUNT, Ms. WOOLSEY, Ms. ESHOO, Ms. PELOSI, Mr. TIERNEY, Mr.

DEUTSCH, Mr. CASTLE, Mr. HORN, Mr. GILMAN, Mr. FRANKS of New

Jersey, Mr. CUMMINGS, Mr. WEXLER, Mr. CANADY of Florida, Mr.

SMITH of New Jersey, Mr. MICA, Mr. LOBIONDO, Mr. DIAZ-BALART, Ms.

VELA ́

ZQUEZ, Mr. BASS, Mr. PAYNE, Mr. HINCHEY, Mr. NADLER, Mr.

GANSKE, Mr. MORAN of Virginia, Mr. DEFAZIO, Mr. TAYLOR of Mississippi, Mr. PASCRELL, Mr. FARR of California, Mr. FILNER, Mr.

KUYKENDALL, Mr. WOLF, Mr. COOKSEY, Ms. EDDIE BERNICE JOHNSON

of Texas, Mr. WAXMAN, Mr. CUNNINGHAM, Mr. LEWIS of California, Mr.

HOEFFEL, Mr. HUNTER, Mr. TANCREDO, Mr. DAVIS of Virginia, Mr. ROMERO-BARCELO ́

, Mr. CALLAHAN, Mr. WHITFIELD, Mr. JEFFERSON, Mrs.

NAPOLITANO, Mr. VITTER, Mr. MCCRERY, Mr. PORTER, Mr. ABERCROMBIE, Mr. KING, Mr. EHRLICH, Mrs. FOWLER, Mr. FRELINGHUYSEN, Mrs. ROUKEMA, Mr. HOLDEN, Mr. SANDERS, Mr. ALLEN, Mr.

PASTOR, Mr. KILDEE, Mr. MATSUI, Mr. GEORGE MILLER of California,

Mr. BALDACCI, Mr. UPTON, Mr. HOUGHTON, Mr. RAMSTAD, Mr. BAKER,

Mr. LEWIS of Kentucky, Mr. TRAFICANT, Mr. WELDON of Florida, Mr.

THOMPSON of Mississippi, Mrs. THURMAN, Mr. LANTOS, Mr. CAMPBELL,

Ms. LOFGREN, Ms. NORTON, Mr. FRANK of Massachusetts, and Mr.

KIND.

JUNE 9, 2000

Reported from the Committee on Resources with an amendment, committed

to the Committee of the Whole House on the State of the Union, and

ordered to be printed

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

[For text of introduced bill, see copy of bill as introduced on May 12, 1999]

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.

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

2 This Act may be cited as the ‘‘Estuary Restoration Act

3 of 2000’’.

4 SEC. 2. PURPOSES.

5 The purposes of this Act are—

6 (1) to promote the restoration of 1,000,000 acres

7 of estuary habitat by 2010;

8 (2) to promote the restoration of fresh water estu9 ary habitat;

10 (3) to develop strategies to obtain national and

11 regional objectives for estuary habitat restoration;

12 (4) to foster coordination of Federal, State, and

13 community estuary habitat restoration programs,

14 plans, and studies;

15 (5) to establish effective estuary habitat restora16 tion partnerships among public agencies at all levels

17 of government and between the public and private sec18 tors;

19 (6) to promote efficient financing of estuary

20 habitat restoration activities; and

21 (7) to develop and enhance monitoring and re22 search capabilities to ensure that estuary habitat res23 toration efforts are based on sound scientific under24 standing.

25 SEC. 3. DEFINITIONS.

26 In this Act, the following definitions apply:
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1 (1) COUNCIL.—The term ‘‘Council’’ means the

2 Estuary Habitat Restoration Council established by

3 section 5.

4 (2) DEGRADED ESTUARY HABITAT.—The term

5 ‘‘degraded estuary habitat’’ means estuary habitat

6 where natural ecological functions have been impaired

7 and normal beneficial uses have been reduced.

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

9 part of a river or stream or other body of water that

10 has an unimpaired connection with the open sea and

11 where the sea water is measurably diluted with fresh

12 water derived from land drainage. The term also in13 cludes a fresh water estuary.

14 (4) ESTUARY HABITAT.—

15 (A) IN GENERAL.—The term ‘‘estuary habi16 tat’’ means the physical, biological, and chemical

17 elements associated with an estuary, including

18 the complex of physical and hydrologic features

19 and living organisms within the estuary and as20 sociated ecosystems.

21 (B) INCLUDED HABITAT.—The term ‘‘estu22 ary habitat’’ includes salt and fresh water coast23 al marshes, coastal forested wetlands and other

24 coastal wetlands, maritime forests, coastal grass25 lands, tidal flats, natural shoreline areas, shell-
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1 fish beds, sea grass meadows, kelp beds, river del2 tas, river and stream banks under tidal influ3 ence, and beds of submerged aquatic vegetation.

4 (5) ESTUARY HABITAT RESTORATION ACTIV5 ITY.—

6 (A) IN GENERAL.—The term ‘‘estuary habi7 tat restoration activity’’ means an activity that

8 results in improving degraded estuary habitat

9 (including both physical and functional restora10 tion), with the goal of attaining a self-sustaining

11 system integrated into the surrounding land12 scape.

13 (B) INCLUDED ACTIVITIES.—The term ‘‘es14 tuary habitat restoration activity’’ includes—

15 (i) the reestablishment of physical fea16 tures and biological and hydrologic func17 tions;

18 (ii) except as provided in section

19 4(b)(3), the cleanup of contamination re20 lated to the restoration of estuary habitat;

21 (iii) the control of nonnative and

22 invasive species;

23 (iv) the reintroduction of native spe24 cies; and
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1 (v) other activities that improve estu2 ary habitat.

3 (6) ESTUARY HABITAT RESTORATION

4 PROJECT.—The term ‘‘estuary habitat restoration

5 project’’ means an estuary habitat restoration activity

6 under consideration or selected by the Secretary, in

7 accordance with this Act, to be carried out or receive

8 technical assistance under this Act.

9 (7) ESTUARY HABITAT RESTORATION STRAT10 EGY.—The term ‘‘estuary habitat restoration strat11 egy’’ means the estuary habitat restoration strategy

12 developed under section 7.

13 (8) ESTUARY MANAGEMENT OR HABITAT RES14 TORATION PLAN.—The term ‘‘estuary management or

15 habitat restoration plan’’ means any plan for restora16 tion of degraded estuary habitat that—

17 (A) was developed by, or in cooperation

18 with, a public body with the substantial partici19 pation of appropriate public and private stake20 holders; and

21 (B) reflects a community-based planning

22 process.

23 (9) FRESH WATER ESTUARY.—The term ‘‘fresh

24 water estuary’’ means all or part of the mouth of a

25 river or stream or other body of water having
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1 unimpaired natural connection with the Great Lakes

2 and within which the Great Lakes water is measur3 ably diluted with water derived from land drainage.

4 (10) GREAT LAKES REGION.—The term ‘‘Great

5 Lakes region’’ means the region consisting of the

6 States of Illinois, Indiana, Michigan, Minnesota, New

7 York, Ohio, Pennsylvania, and Wisconsin.

8 (11) GULF REGION.—The term ‘‘Gulf region’’

9 means the region consisting of the States of Florida,

10 Alabama, Mississippi, Louisiana, and Texas.

11 (12) MIDDLE ATLANTIC REGION.—The term

12 ‘‘Middle Atlantic region’’ means the region consisting

13 of the States of New Jersey, Delaware, Maryland,

14 Pennsylvania, and Virginia and the District of Co15 lumbia.

16 (13) NORTHEAST REGION.—The term ‘‘Northeast

17 region’’ means the region consisting of the States of

18 Maine, New Hampshire, New York, Massachusetts,

19 Rhode Island, and Connecticut.

20 (14) NORTHWEST REGION.—The term ‘‘North21 west region’’ means the region consisting of the States

22 of Oregon, Washington, and Alaska.

23 (15) REGIONAL COUNCIL.—The term ‘‘Regional

24 Council’’ means a Regional Council of the Estuary

25 Habitat Restoration Council established by section 6.
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1 (16) SECRETARY.—The term ‘‘Secretary’’ means

2 the Secretary of the Army.

3 (17) SOUTHEAST REGION.—The term ‘‘Southeast

4 region’’ means the region consisting of the States of

5 North Carolina, South Carolina, Georgia, and Flor6 ida and the territories of Puerto Rico and the Virgin

7 Islands.

8 (18) SOUTHWEST REGION.—The term ‘‘South9 west region’’ means the region consisting of the States

10 of California and Hawaii and the territories of Amer11 ican Samoa, Guam, and the Northern Mariana Is12 lands.

13 (19) STATE.—The term ‘‘State’’ means a State,

14 the District of Columbia, or a territory in the Gulf,

15 Great Lakes, Middle Atlantic, Northeast, Northwest,

16 Southeast, or Southwest Region.

17 SEC. 4. ESTUARY HABITAT RESTORATION PROGRAM.

18 (a) ESTABLISHMENT.—There is established an estuary

19 habitat restoration program under which the Secretary may

20 carry out estuary habitat restoration projects in accordance

21 with the requirements of this Act.

22 (b) SELECTION OF PROJECTS.—

23 (1) FACTORS TO BE TAKEN INTO ACCOUNT.—In

24 selecting estuary habitat restoration projects to be

25 carried out under this Act, the Secretary shall, in
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1 consultation with the Council, take into account the

2 following factors:

3 (A) The recommendations of the Council.

4 (B) Whether the project meets the criteria

5 specified in the estuary habitat restoration strat6 egy.

7 (C) The technical merit and feasibility of

8 the project.

9 (D) Whether the non-Federal interests pro10 posing the project provide satisfactory assurances

11 that they will have adequate personnel, funding,

12 and authority to carry out and properly main13 tain the project.

14 (E) Whether the project will encourage in15 creased coordination and cooperation among

16 Federal, State, and local government agencies.

17 (F) Whether the project fosters public-pri18 vate partnerships and uses Federal resources to

19 encourage increased private sector involvement,

20 including consideration of the amount of private

21 funds or in-kind contributions for an estuary

22 habitat restoration activity.

23 (G) Whether the project includes a moni24 toring plan that is consistent with standards for

25 monitoring developed under section 9 to ensure
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1 that short-term and long-term restoration goals

2 are achieved.

3 (H) Other factors that the Secretary deter4 mines to be reasonable and necessary for consid5 eration.

6 (2) PRIORITY.—In selecting estuary habitat res7 toration projects to be carried out under this Act, the

8 Secretary shall give priority consideration to a

9 project if, in addition to meeting the selection criteria

10 under paragraph (1)—

11 (A) the project is part of an estuary man12 agement or habitat restoration plan; or

13 (B) the project occurs within a watershed in

14 which there is a program being carried out that

15 addresses sources of pollution and other activities

16 that otherwise would re-impair the restored habi17 tat.

18 (3) EXCLUDED PROJECTS.—An estuary habitat

19 restoration project shall not be eligible to be carried

20 out under this Act if the project—

21 (A) constitutes mitigation required under

22 any Federal or State law for the adverse effects

23 of an activity regulated or otherwise governed by

24 Federal or State law; or
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1 (B) constitutes restoration for natural re2 source damages required under any Federal or

3 State law.

4 (c) COST SHARING.—

5 (1) FEDERAL SHARE.—The Federal share of the

6 cost of an estuary habitat restoration project carried

7 out under this Act shall not exceed 65 percent of such

8 cost.

9 (2) NON-FEDERAL SHARE.—The non-Federal

10 share of the cost of an estuary habitat restoration

11 project carried out under this Act shall include lands,

12 easements, rights-of-way, and relocations and may in13 clude services, or any other form of in-kind contribu14 tion determined by the Secretary to be an appropriate

15 contribution equivalent to the monetary amount re16 quired for the non-Federal share of the activity.

17 (d) INTERIM ACTIONS.—

18 (1) IN GENERAL.—Pending completion of the es19 tuary habitat restoration strategy to be developed

20 under section 7, the Secretary may take interim ac21 tions to carry out an estuary habitat restoration ac22 tivity.

23 (2) FEDERAL SHARE.—The Federal share of the

24 cost of an estuary habitat restoration activity before
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1 the completion of the estuary habitat restoration

2 strategy shall not exceed 25 percent of such cost.

3 (e) COOPERATION OF NON-FEDERAL PARTNERS.—

4 (1) IN GENERAL.—The Secretary shall not select

5 an estuary habitat restoration project until a non6 Federal interest has entered into a written agreement

7 with the Secretary in which the non-Federal interest

8 agrees to provide all lands, easements, rights-of-way,

9 and relocations and any other elements the Secretary

10 determines appropriate under subsection (c)(2).

11 (2) NONPROFIT ENTITIES.—Notwithstanding sec12 tion 221 of the Flood Control Act of 1970 (42 U.S.C.

13 1962d–5b(b)), for any project undertaken under this

14 Act, the Secretary may, after coordination with the

15 appropriate State and local officials responsible for

16 the political jurisdiction in which a project would

17 occur, allow a nonprofit entity to serve as the non18 Federal interest.

19 (3) MAINTENANCE AND MONITORING.—A co20 operation agreement entered into under paragraph

21 (1) shall provide for maintenance and monitoring of

22 the estuary habitat restoration project to the extent

23 the Secretary determines necessary.

24 (f) DELEGATION OF PROJECT IMPLEMENTATION.—In

25 carrying out this Act, the Secretary may delegate project
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1 implementation to another Federal department or agency

2 on a reimbursable basis if the Secretary determines such

3 delegation is appropriate.

4 SEC. 5. ESTABLISHMENT OF ESTUARY HABITAT RESTORA5 TION COUNCIL.

6 (a) COUNCIL.—There is established a council to be

7 known as the ‘‘Estuary Habitat Restoration Council’’.

8 (b) DUTIES.—The Council shall be responsible for—

9 (1) reviewing project proposals forwarded to the

10 Council from the Regional Councils and making rec11 ommendations concerning such proposals in accord12 ance with section 8(c);

13 (2) developing a national strategy for restoration

14 of estuary habitat; and

15 (3) periodically reviewing the effectiveness of the

16 national strategy in meeting the purposes of this Act

17 and, as necessary, updating the national strategy.

18 (c) MEMBERSHIP.—The Council shall be composed of

19 13 members as follows:

20 (1) The Secretary (or the Secretary’s designee).

21 (2) The Under Secretary for Oceans and Atmos22 phere of the Department of Commerce (or the Under

23 Secretary’s designee).

24 (3) The Administrator of the Environmental

25 Protection Agency (or the Administrator’s designee).
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1 (4) The Secretary of the Interior, acting through

2 the Director of the United States Fish and Wildlife

3 Service (or the Secretary’s designee).

4 (5) The Secretary of Agriculture (or the Sec5 retary’s designee).

6 (6) The Secretary of Transportation (or the Sec7 retary’s designee).

8 (7) One representative from each of the 7 Re9 gional Councils, selected by the Regional Council and

10 appointed by the Secretary.

11 (d) APPOINTMENT AND TERMS.—

12 (1) IN GENERAL.—Except as provided in para13 graph (2), members of the Council under subsection

14 (c)(7) shall be appointed for a term of 3 years.

15 (2) INITIAL MEMBERS.—Of the members first ap16 pointed under subsection (c)(7)—

17 (A) 3 shall be appointed for a term of 1

18 year;

19 (B) 2 shall be appointed for a term of 2

20 years; and

21 (C) 2 shall be appointed for a term of 3

22 years.

23 (3) VACANCIES.—Whenever a vacancy occurs

24 among members of the Council appointed under sub25 section (c)(7), the Secretary shall appoint an indi-
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1 vidual in accordance with such subsection to fill that

2 vacancy for the remainder of the applicable term.

3 (e) PROHIBITION OF COMPENSATION.—Members of the

4 Council may not receive compensation for their service as

5 members of the Council.

6 (f) CHAIRPERSON.—The chairperson shall be elected by

7 the Council from among its members for a 3-year term, ex8 cept that the first elected chairperson may serve a term of

9 fewer than 3 years.

10 (g) CONVENING OF COUNCIL.—

11 (1) FIRST MEETING.—The Secretary shall con12 vene the first meeting of the Council not later than

13 60 days after the date of enactment of this Act for the

14 purpose of electing a chairperson.

15 (2) ADDITIONAL MEETINGS.—The chairperson

16 shall convene additional meetings of the Council as

17 often as appropriate to ensure that this Act is fully

18 carried out, but not less often than annually.

19 (h) COUNCIL PROCEDURES.—The Council shall estab20 lish procedures for voting, the conduct of meetings, and

21 other matters, as necessary.

22 (i) PUBLIC PARTICIPATION.—Meetings of the Council

23 shall be open to the public. The Council shall provide notice

24 to the public of such meetings.
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1 (j) COORDINATOR.—The Secretary shall appoint a Co2 ordinator who shall—

3 (1) be educated and experienced in estuary pro4 tection, restoration, and program management;

5 (2) be responsible, with assistance from the Sec6 retary, for facilitating consideration of estuary habi7 tat restoration projects by the Council and Regional

8 Councils and otherwise assisting the Council and Re9 gional Councils in carrying out their responsibilities

10 under this Act; and

11 (3) be compensated with funds available under

12 section 10(b).

13 SEC. 6. ESTABLISHMENT OF REGIONAL COUNCILS.

14 (a) REGIONAL COUNCILS.—There are established 7 Re15 gional Councils of the Estuary Habitat Restoration Coun16 cil. Each Regional Council shall represent a different one

17 of the following regions:

18 (1) The Gulf region.

19 (2) The Great Lakes region.

20 (3) The Middle Atlantic region.

21 (4) The Northeast region.

22 (5) The Northwest region.

23 (6) The Southeast region.

24 (7) The Southwest region.
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1 (b) MEMBERSHIP.—The Governor of each State in the

2 region represented by the Regional Council may appoint

3 one representative to the Regional Council. The Regional

4 Council also may include such other members as the Gov5 ernors shall jointly designate.

6 (c) NONVOTING MEMBERSHIP.—A Regional Council

7 may appoint nonvoting members of the Regional Council

8 from relevant agencies, programs, and organizations,

9 including—

10 (1) relevant State agencies and regional and

11 field staff of relevant Federal agencies; and

12 (2) representatives of relevant coastal and estu13 ary programs, such as those developed under the

14 Coastal Zone Management Program or the National

15 Estuary Program.

16 (d) CHAIRPERSON.—A Regional Council shall select a

17 chairperson from among its members.

18 (e) DUTIES.—A Regional Council shall be responsible

19 for—

20 (1) developing a regional strategy that is con21 sistent with the national strategy for the review of

22 project proposals within the region;

23 (2) establishing technical criteria for project pro24 posals, which are consistent with the goals and prior25 ities of the regional and national strategies;
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1 (3) soliciting, evaluating, and forwarding to the

2 Council proposals for estuary habitat restoration

3 projects;

4 (4) periodically reviewing the effectiveness of the

5 regional strategy toward meeting the goals and objec6 tives of the national strategy and recommending and

7 implementing improvements; and

8 (5) selecting from among the voting membership

9 a person to represent the Regional Council on the

10 Council.

11 (f) TECHNICAL SUPPORT.—Technical support may be

12 provided to a Regional Council by regional and field staff

13 of the Corps of Engineers, the Environmental Protection

14 Agency, the National Oceanic and Atmospheric Adminis15 tration, the United States Fish and Wildlife Service, the

16 Department of Agriculture, and the Department of Trans17 portation. The Secretary shall coordinate the provision of

18 such assistance.

19 (g) ADMINISTRATIVE SUPPORT SERVICES.—Upon the

20 request of a Regional Council, the Secretary may provide

21 to the Regional Council the administrative support services

22 necessary for the Regional Council to carry out its respon23 sibilities under this Act.
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1 SEC. 7. ESTUARY HABITAT RESTORATION STRATEGY.

2 (a) IN GENERAL.—Not later than 1 year after the date

3 of enactment of this Act, the Council, in consultation with

4 State and other non-Federal entities, including nonprofit

5 entities, as appropriate, shall develop an estuary habitat

6 restoration strategy designed to ensure a comprehensive ap7 proach to maximize benefits derived from estuary habitat

8 restoration projects and to foster the coordination of Federal

9 and non-Federal activities related to restoration of estuary

10 habitat.

11 (b) INTEGRATION OF ESTUARY HABITAT RESTORA12 TION PLANS, PROGRAMS, AND PARTNERSHIPS.—In devel13 oping the estuary habitat restoration strategy, the Council

14 shall—

15 (1) conduct a review of—

16 (A) estuary management or habitat restora17 tion plans; and

18 (B) Federal programs established under

19 other laws that authorize funding for estuary

20 habitat restoration activities;

21 (2) develop a set of proposals to maximize the in22 centives for the creation of new public-private part23 nerships to carry out estuary habitat restoration

24 projects and to use Federal resources to encourage in25 creased private sector involvement in estuary habitat

26 restoration activities; and
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1 (3) ensure that the estuary habitat restoration

2 strategy is developed and will be implemented in a

3 manner that is consistent with the estuary manage4 ment or habitat restoration plans.

5 (c) ELEMENTS TO BE CONSIDERED.—Consistent with

6 the requirements of this section, the Council in the develop7 ment of the estuary habitat restoration strategy, shall

8 consider—

9 (1) the contributions of estuary habitat to—

10 (A) providing healthy ecosystems in order to

11 support—

12 (i) wildlife, including endangered and

13 threatened species, migratory birds, and

14 resident species of an estuary watershed;

15 and

16 (ii) fish and shellfish, including com17 mercial and recreational fisheries;

18 (B) surface and ground water quality and

19 quantity, and flood control;

20 (C) outdoor recreation and other direct and

21 indirect values; and

22 (D) other areas of concern that the Council

23 determines to be appropriate for consideration;
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1 (2) the estimated historic losses, estimated cur2 rent rate of loss, and extent of the threat of future loss

3 or degradation of each type of estuary habitat; and

4 (3) the most appropriate method for selecting a

5 balance of smaller and larger estuary habitat restora6 tion projects.

7 (d) ADVICE.—The Council shall seek the advice of ex8 perts in restoration of estuary habitat to assist in the devel9 opment of an estuary habitat restoration strategy.

10 (e) PUBLIC REVIEW AND COMMENT.—Before the Coun11 cil adopts a final estuary habitat restoration strategy, the

12 Secretary shall publish in the Federal Register a draft of

13 the estuary habitat restoration strategy and provide an op14 portunity for public review and comment.

15 (f) PERIODIC REVISION.—Using data and information

16 developed through project monitoring and management,

17 and other relevant information, the Council may periodi18 cally review and update, as necessary, the estuary habitat

19 restoration strategy.

20 SEC. 8. ESTUARY HABITAT RESTORATION PROJECT PRO21 POSALS.

22 (a) IN GENERAL.—A proposed estuary habitat restora23 tion project shall originate from a non-Federal interest, in24 cluding States or other non-Federal entities, consistent with

25 State or local laws.
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1 (b) REVIEW BY REGIONAL COUNCILS.—

2 (1) IN GENERAL.—A non-Federal interest may

3 submit a proposed estuary habitat restoration project

4 to the appropriate Regional Council for review.

5 (2) TECHNICAL ASSISTANCE.—A Regional Coun6 cil receiving a proposal from a non-Federal interest

7 under paragraph (1) shall provide, as necessary, tech8 nical assistance to the non-Federal interest to ensure

9 that the proposal is complete.

10 (3) REVIEW.—A Regional Council shall select for

11 each fiscal year those proposals for estuary habitat

12 restoration projects that the Regional Council deter13 mines are eligible to be carried out under this Act

14 under the factors specified in section 4(b)(1) and shall

15 transmit such proposals to the Council for further re16 view.

17 (c) CONSIDERATION BY COUNCIL.—The Council shall

18 review the proposed estuary habitat restoration projects

19 transmitted to the Council by a Regional Council under

20 subsection (b) and, based on the factors specified in section

21 4(b)(1), shall recommend to the Secretary a priority order

22 for carrying out such projects. The Council’s recommenda23 tion shall include a recommendation as to whether a project

24 should be carried out by the Secretary or by another Federal

25 department or agency under section 4(f).
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1 SEC. 9. MONITORING AND MAINTENANCE OF ESTUARY

2 HABITAT RESTORATION PROJECTS.

3 (a) DATABASE OF RESTORATION PROJECT INFORMA4 TION.—The Under Secretary for Oceans and Atmosphere of

5 the Department of Commerce, in consultation with the Sec6 retary, shall develop and maintain an appropriate data7 base of information concerning estuary habitat restoration

8 projects carried out under this Act, including information

9 on project techniques, project completion, monitoring data,

10 and other relevant information.

11 (b) MONITORING DATA STANDARDS.—The Under Sec12 retary for Oceans and Atmosphere of the Department of

13 Commerce, in consultation with the Secretary, shall develop

14 standard data formats for monitoring projects, along with

15 requirements for types of data collected and frequency of

16 monitoring.

17 (c) REPORT.—

18 (1) IN GENERAL.—The Secretary, in consultation

19 with the Council, shall submit a report to Congress at

20 the end of the third and fifth fiscal years following the

21 date of enactment of this Act on the results of activi22 ties carried out under this Act.

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

24 paragraph (1) shall include—

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

26 habitat restored under this Act, including the
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1 number of projects approved and completed that

2 comprise those acres;

3 (B) the percentage of restored estuary habi4 tat monitored under a plan to ensure that short5 term and long-term restoration goals are

6 achieved;

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

8 varying restoration techniques used in carrying

9 out estuary habitat restoration projects;

10 (D) a review of how the information de11 scribed in subparagraphs (A) through (C) has

12 been incorporated in the selection and implemen13 tation of estuary habitat restoration projects;

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

15 appropriate database of restoration projects car16 ried out under this Act; and

17 (F) a review of the measures taken to pro18 vide the information described in subparagraphs

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

20 for assisting in the restoration of estuary habi21 tat.

22 SEC. 10. FUNDING.

23 (a) AUTHORIZATION OF APPROPRIATIONS.—

24 (1) ESTUARY HABITAT RESTORATION

25 PROJECTS.—There is authorized to be appropriated to
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1 the Secretary for estuary habitat restoration

2 projects—

3 (A) $40,000,000 for fiscal year 2001;

4 (B) $50,000,000 for fiscal year 2002; and

5 (C) $75,000,000 for each of fiscal years

6 2003 through 2005.

7 Such amounts shall remain available until ex8 pended.

9 (2) MONITORING.—There is authorized to be ap10 propriated to the Under Secretary for Oceans and At11 mosphere of the Department of Commerce for the ac12 quisition, maintenance, and management of moni13 toring data on restoration projects carried out under

14 this Act, $2,000,000 for each of fiscal years 2001

15 through 2005. Such amounts shall remain available

16 until expended.

17 (b) SET-ASIDE FOR ADMINISTRATIVE EXPENSES OF

18 THE COUNCIL AND REGIONAL COUNCILS.—Not to exceed 3

19 percent of the amounts appropriated for a fiscal year under

20 subsection (a)(1) or $2,000,000, whichever is greater, may

21 be used by the Secretary for administration and operation

22 of the Council and Regional Councils.

23 SEC. 11. GENERAL PROVISIONS.

24 (a) ESTUARY HABITAT RESTORATION MISSION.—The

25 Secretary shall ensure that restoration of estuary habitat
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1 is included as a primary mission of the Corps of Engineers

2 under section 306 of Water Resources Development Act of

3 1990 (33 U.S.C. 2316).

4 (b) AGENCY CONSULTATION AND COORDINATION.—In

5 carrying out this Act, the Secretary shall, as necessary, con6 sult with, cooperate with, and coordinate its activities with

7 the activities of other Federal departments and agencies.

8 (c) COOPERATIVE AGREEMENTS; MEMORANDA OF UN9 DERSTANDING.—In carrying out this Act, the Secretary

10 may—

11 (1) enter into cooperative agreements with Fed12 eral, State, and local government agencies and other

13 entities; and

14 (2) execute such memoranda of understanding as

15 are necessary to reflect the agreements.

16 (d) FEDERAL AGENCY FACILITIES AND PERSONNEL.—

17 Federal agencies may cooperate in carrying out scientific

18 and other programs necessary to carry out this Act, and

19 may provide facilities and personnel, for the purpose of as20 sisting the Council in carrying out its duties under this

21 Act.

22 (e) APPLICATION OF FEDERAL ADVISORY COMMITTEE

23 ACT.—The Council and Regional Councils shall not be con24 sidered advisory committees under the Federal Advisory

25 Committee Act (5 U.S.C. App.).
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1 (f) IDENTIFICATION AND MAPPING OF DREDGED MA2 TERIAL DISPOSAL SITES.—In consultation with appro3 priate Federal and non-Federal public entities, the Sec4 retary shall undertake, and update as warranted by

5 changed conditions, surveys to identify and map sites ap6 propriate for beneficial uses of dredged material for the pro7 tection, restoration, and creation of aquatic and ecologically

8 related habitats, including wetlands, in order to further the

9 purposes of this Act.

10 (g) STUDY OF BIOREMEDIATION TECHNOLOGY.—

11 (1) IN GENERAL.—Not later than 180 days after

12 the date of enactment of this Act, the Administrator

13 of the Environmental Protection Agency, with the full

14 participation of the estuarine scientific community,

15 shall begin a 2-year study on the efficacy of bio16 remediation products.

17 (2) REQUIREMENTS.—The study shall—

18 (A) evaluate and assess bioremediation

19 technology—

20 (i) on low-level petroleum hydrocarbon

21 contamination from recreational boat bilges;

22 (ii) on low-level petroleum hydrocarbon

23 contamination from stormwater discharges;

24 (iii) on nonpoint petroleum hydro25 carbon discharges; and
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1 (iv) as a first response tool for petro2 leum hydrocarbon spills; and

3 (B) recommend management actions to op4 timize the return of a healthy and balanced eco5 system and make improvements in the quality

6 and character of estuarine waters.

7 SECTION 1. SHORT TITLE.

8 This Act may be cited as the ‘‘Estuary Res9 toration Act of 2000’’.

10 SEC. 2. PURPOSES.

11 The purposes of this Act are—

12 (1) to establish an Estuary Restora13 tion Council to coordinate existing Fed14 eral estuary restoration programs and to

15 select estuary restoration projects for

16 Federal assistance;

17 (2) to develop a national estuary res18 toration strategy for creating and main19 taining effective estuary restoration part20 nerships among public agencies at all lev21 els of government and to establish new

22 partnerships between the public and pri23 vate sectors, including agricultural inter24 ests and estuary users;
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1 (3) to provide Federal assistance for

2 estuary restoration projects and to pro3 mote efficient financing of such projects;

4 and

5 (4) to develop and enhance moni6 toring and research capabilities for estu7 ary restoration projects to ensure that

8 such projects are based on sound science

9 and to create a national database of estu10 ary restoration information.

11 SEC. 3. DEFINITIONS.

12 For the purposes of this Act, the following

13 definitions apply:

14 (1) COUNCIL.—The term ‘‘Council’’

15 means the Estuary Restoration Council

16 established by section 4.

17 (2) ESTUARY.—

18 (A) IN GENERAL.—The term ‘‘estu19 ary’’ has the meaning given the terms

20 ‘‘estuarine zones’’ and ‘‘estuary’’ in

21 section 104(n)(4) of the Federal Water

22 Pollution Control Act (33 U.S.C.

23 1254(n)(4)).

24 (B) NEAR COASTAL WATERS AND

25 WETLANDS OF THE GREAT LAKES.—In ad-
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1 dition to areas covered under sub2 paragraph (A), near coastal waters

3 and wetlands of the Great Lakes that

4 are similar in form and function to

5 estuaries shall be eligible for assist6 ance under this Act.

7 (3) ESTUARY RESTORATION.—

8 (A) IN GENERAL.—The term ‘‘estu9 ary restoration’’ means an activity

10 that results in improving degraded

11 estuaries or creating habitat (includ12 ing both physical and functional res13 toration), with the goal of attaining a

14 self-sustaining system integrated into

15 the surrounding landscape.

16 (B) INCLUDED ACTIVITIES.—The

17 term ‘‘estuary restoration’’ includes—

18 (i) the reestablishment of the

19 physical features, hydrology,

20 chemistry, and biological compo21 nents associated with an estuary;

22 (ii) except as provided in sub23 paragraph (C), the cleanup of con24 tamination related to the restora25 tion an estuary;
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1 (iii) the control of non-native

2 and invasive species in the estu3 ary;

4 (iv) the reintroduction of spe5 cies native to the estuary, includ6 ing through such means as plant7 ing or promoting natural succes8 sion;

9 (v) the construction of reefs to

10 promote fish and shellfish pro11 duction and to provide habitat for

12 living resources; and

13 (vi) other activities that im14 prove the quality of an estuary

15 for human users, fish, wildlife,

16 and other living resources.

17 (C) EXCLUDED ACTIVITIES.—The

18 term ‘‘estuary restoration’’ does not

19 include—

20 (i) an act that constitutes

21 mitigation for the adverse effects

22 of an activity regulated or other23 wise required by Federal or State

24 law; or
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1 (ii) an act that constitutes res2 titution for natural resource dam3 ages required under any Federal

4 or State law.

5 (4) PROJECT.—The term ‘‘project’’

6 means an estuary restoration project

7 under consideration or selected by the

8 Council under section 5 to receive finan9 cial, technical, or another form of assist10 ance.

11 (5) FEDERAL ESTUARY MANAGEMENT OR

12 HABITAT RESTORATION PLAN.—

13 (A) IN GENERAL.—The term ‘‘Fed14 eral estuary management or habitat

15 restoration plan’’ means any Federal

16 plan for the restoration of an estuary

17 or degraded estuary habitat that was

18 developed with the substantial par19 ticipation of appropriate public and

20 private stakeholders.

21 (B) INCLUDED PLANS AND PRO22 GRAMS.—The term ‘‘Federal estuary

23 management or habitat restoration

24 plan’’ includes—
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1 (i) a comprehensive conserva2 tion and management plan ap3 proved under section 320 of the

4 Federal Water Pollution Control

5 Act (33 U.S.C. 1330);

6 (ii) a plan submitted under

7 section 118 of the Federal Water

8 Pollution Control Act (33 U.S.C.

9 1268);

10 (iii) a management program

11 containing estuary restoration

12 components approved under the

13 Coastal Zone Management Act of

14 1972 (16 U.S.C. 1451 et seq.); and

15 (iv) the interstate manage16 ment plan developed pursuant to

17 the Chesapeake Bay Program

18 under section 117 of the Federal

19 Water Pollution Control Act (33

20 U.S.C. 1267).

21 (6) INDIAN TRIBE.—The term ‘‘Indian

22 tribe’’ has the meaning given such term

23 by section 4 of the Indian Self-Determina24 tion and Education Assistance Act (25

25 U.S.C. 450b).
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1 (7) NON-FEDERAL INTEREST.—The term

2 ‘‘non-Federal interest’’ means a State, a

3 political subdivision of a State, an Indian

4 tribe, or a regional or interstate agency.

5 (8) SECRETARY.—The term ‘‘Secretary’’

6 means the Secretary of the Army.

7 (9) STATE.—The term ‘‘State’’ has the

8 meaning given the term ‘‘coastal State’’

9 under section 304(4) of the Coastal Zone

10 Management Act of 1972 (16 U.S.C.

11 1453(4)), except that for the purposes of

12 this Act, such term shall include the Dis13 trict of Columbia.

14 (10) UNDER SECRETARY.—The term

15 ‘‘Under Secretary’’ means the Under Sec16 retary for Oceans and Atmosphere of the

17 Department of Commerce.

18 SEC. 4. ESTABLISHMENT OF ESTUARY RESTORATION

19 COUNCIL.

20 (a) IN GENERAL.—There is established an

21 interagency council to be known as the Estu22 ary Restoration Council.

23 (b) DUTIES.—The Council shall—

24 (1) develop and transmit to the Com25 mittee on Resources and the Committee
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1 on Transportation and Infrastructure of

2 the House of Representatives and the

3 Committee on Environment and Public

4 Works of the Senate a national strategy

5 for estuary restoration pursuant to sec6 tion 5 and periodically review and update

7 the strategy;

8 (2) determine the eligibility and pri9 ority of project applications submitted

10 under section 6;

11 (3) provide advice in the development

12 of the database and monitoring standards

13 under section 7; and

14 (4) prepare and submit the report re15 quired under section 8.

16 (c) MEMBERSHIP.—

17 (1) IN GENERAL.—The Council shall be

18 composed of the following members:

19 (A) The Secretary.

20 (B) The Under Secretary.

21 (C) The Administrator of the En22 vironmental Protection Agency.

23 (D) The Secretary of the Interior

24 (acting through the Director of the
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1 United States Fish and Wildlife Serv2 ice).

3 (E) The Secretary of Agriculture.

4 (2) EX OFFICIO MEMBERS.—The Presi5 dent may designate the head of any other

6 Federal agency to serve as an ex officio

7 member of the Council.

8 (3) CHAIRPERSON AND VICE-CHAIR9 PERSON.—The Secretary shall serve as the

10 chairperson of the Council. The Under

11 Secretary shall serve as the vice-chair12 person of the Council.

13 (d) MEETINGS.—The chair or vice-chair

14 shall—

15 (1) convene the first meeting of the

16 Council not later than 90 days after the

17 date of enactment of this Act; and

18 (2) convene additional meetings, as

19 often as appropriate (but not less often

20 than annually), to select projects, and de21 velop a priority order of such projects,

22 for funding under section 6.

23 (e) PROCEDURES.—

24 (1) QUORUM.—Three members of the

25 Council shall constitute a quorum.
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1 (2) VOTING AND MEETING PROCE2 DURES.—The Council shall establish pro3 cedures for voting and the conduct of

4 meetings.

5 (f) ADVISORY BOARD.—

6 (1) IN GENERAL.—The Council may es7 tablish an advisory board (in this sub8 section referred to as the ‘‘board’’) to pro9 vide advice and recommendations to the

10 Council on the strategy developed pursu11 ant to section 5 and on the selection and

12 prioritization of projects submitted

13 under section 6.

14 (2) MEMBERS.—The Council shall ap15 point members of the board representing

16 diverse public and private interests.

17 Members of the board shall be selected

18 such that the board consists of—

19 (A) 2 members representing State

20 agencies with expertise in aquatic

21 habitat restoration;

22 (B) 2 members representing local

23 or regional government agencies with

24 expertise in aquatic habitat restora25 tion;
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1 (C) 2 members with recognized

2 academic scientific expertise in

3 aquatic habitat restoration;

4 (D) 2 members representing non5 governmental organizations with ex6 pertise in aquatic habitat restoration;

7 (E) 2 members representing estu8 ary users;

9 (F) 1 member representing agri10 cultural interests;

11 (G) 1 member representing Indian

12 tribes; and

13 (H) 1 at-large member.

14 (3) TERMS.—

15 (A) IN GENERAL.—Except as pro16 vided by subparagraph (B), members

17 of the board shall be appointed for a

18 term of 3 years.

19 (B) INITIAL MEMBERS.—As des20 ignated by the chairperson of the

21 Council at the time of appointment,

22 of the members first appointed—

23 (i) 4 shall be appointed for a

24 term of 1 year; and
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1 (ii) 4 shall be appointed for a

2 term of 2 years.

3 (4) VACANCIES.—Whenever a vacancy

4 occurs among members of the board, the

5 Council shall appoint an appropriate in6 dividual to fill that vacancy for the re7 mainder of the applicable term.

8 (5) BOARD LEADERSHIP.—The board

9 shall elect among its members a chair10 person of the board and a vice-chair11 person of the board to represent the

12 board in matters related to its duties

13 under this Act.

14 (6) COMPENSATION.—Members of the

15 board shall not be construed to be em16 ployees of the United States, and may not

17 receive compensation for their service as

18 members of the board, except that while

19 engaged in the performance of their du20 ties away from their homes or regular

21 place of business, members of the board

22 may be allowed necessary travel ex23 penses as authorized by section 5703 of

24 title 5, United States Code.
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1 SEC. 5. ESTUARY RESTORATION STRATEGY.

2 (a) IN GENERAL.—Not later than 1 year

3 after the date of enactment of this Act, the

4 Council shall develop and transmit to the

5 Committee on Resources and the Committee

6 on Transportation and Infrastructure of the

7 House of Representatives and the Committee

8 on Environment and Public Works of the Sen9 ate an estuary restoration strategy designed

10 to promote estuary restoration nationwide

11 and improve coordination among existing

12 Federal estuary restoration activities and be13 tween Federal and non-Federal estuary res14 toration activities. Such strategy shall include

15 proposals for—

16 (1) using programs established under

17 this Act or any other Act to maximize the

18 incentives for the creation of new public19 private partnerships to carry out estuary

20 restoration projects;

21 (2) using Federal resources to encour22 age increased private sector involvement

23 in estuary restoration activities;

24 (3) ensuring that the strategy will be

25 implemented in a manner that is con26 sistent with the requirements of Federal
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1 estuary management or habitat restora2 tion plans;

3 (4) ensuring the long term conserva4 tion of lands and waters restored, en5 hanced, or otherwise managed under this

6 Act; and

7 (5) ensuring an equitable geographic

8 distribution of projects funded under this

9 Act.

10 (b) CONSIDERATION OF EXISTING FEDERAL

11 PLANS, PROGRAMS, AND PARTNERSHIPS.—In de12 veloping the estuary restoration strategy, the

13 Council shall conduct a review of—

14 (1) Federal estuary management or

15 habitat restoration plans; and

16 (2) Federal programs established

17 under other laws that provide funding

18 for estuary or coastal wetland restoration

19 activities.

20 (c) PUBLIC PARTICIPATION.—The Council

21 shall publish in the Federal Register a draft

22 of the estuary restoration strategy and pro23 vide an opportunity for public review and

24 comment. In developing the estuary restora25 tion strategy, the Council shall seek advice
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1 from the advisory board established under

2 section 4(f).

3 (d) PERIODIC REVISION.—Using data and

4 information developed through project moni5 toring and management, and other relevant

6 information, the Council may, as necessary,

7 seek advice from the advisory board to peri8 odically review and update the estuary res9 toration strategy. The Council shall transmit

10 any updates of the estuary restoration strat11 egy to Congress, after providing for appro12 priate public review and comment.

13 SEC. 6. ESTUARY RESTORATION PROJECTS.

14 (a) IN GENERAL.—The Council may provide

15 assistance to non-Federal interests for car16 rying out estuary restoration projects that are

17 consistent with this Act. In carrying out this

18 section, the Council shall develop guidelines

19 for reviewing and prioritizing estuary res20 toration projects. Such guidelines shall en21 sure a comprehensive approach to the selec22 tion and prioritization of estuary restoration

23 projects.

24 (b) APPLICATIONS FOR ASSISTANCE.—A non25 Federal interest may submit to the Council
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1 for consideration under subsection (c) an ap2 plication for assistance in carrying out an es3 tuary restoration project.

4 (c) SELECTION OF PROJECTS.—

5 (1) IN GENERAL.—The Council shall re6 view applications for estuary restoration

7 projects submitted under subsection (b).

8 Based on the criteria specified in para9 graphs (2) and (3), the Council shall de10 termine the eligibility of each project and

11 establish a priority order for carrying out

12 such projects.

13 (2) SELECTION CRITERIA.—The Council

14 may not select a project for funding

15 under this section unless—

16 (A) the project addresses restora17 tion needs identified in an approved

18 Federal estuary management or habi19 tat restoration plan;

20 (B) the project promotes—

21 (i) the restoration of habitat

22 for fish and wildlife, including

23 shellfish, endangered and threat24 ened species, migratory and resi-
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1 dent birds, and commercial and

2 sport fish species;

3 (ii) the improvement of sur4 face and ground water quality

5 and quantity; or

6 (iii) the restoration of phys7 ical features and hydrologic func8 tions, including flood control;

9 (C) after the Council publishes

10 the estuary restoration strategy

11 under section 5, the project is con12 sistent with the strategy;

13 (D) the project is cost effective,

14 based on sound science, and tech15 nically feasible;

16 (E) the non-Federal interest pro17 posing the project demonstrates that

18 adequate personnel, funding, and au19 thority exists to carry out and prop20 erly maintain the project;

21 (F) the State in which the non22 Federal interest is proposing the

23 project has a dedicated source of

24 funding to acquire or restore habitat,

25 natural areas, and open spaces;
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1 (G) the project will encourage the

2 increased coordination and coopera3 tion of Federal, State, and local gov4 ernment agencies;

5 (H) the project includes a moni6 toring plan to ensure that short-term

7 and long-term restoration goals are

8 achieved; and

9 (I) there is an effective program

10 or plan within the watershed of the

11 project to ensure the long-term con12 servation of lands and waters re13 stored, enhanced, or otherwise man14 aged by the project.

15 (3) PRIORITY ESTUARY RESTORATION

16 PROJECTS.—An estuary restoration project

17 shall be given a higher priority in receipt

18 of funding under this section if, in addi19 tion to meeting the selection criteria

20 specified in paragraph (2)—

21 (A) the non-Federal share of the

22 total costs of the project exceeds 50

23 percent; or

24 (B) the project includes pilot test25 ing or a demonstration of an innova-
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1 tive technology having the potential

2 for improved cost-effectiveness in es3 tuary restoration.

4 (d) NON-FEDERAL INTEREST.—The Council

5 may, upon recommendation of the Governor

6 of the State and in consultation with respon7 sible officials from local political jurisdictions

8 in which a project would occur, allow a non9 governmental organization to serve as the

10 non-Federal interest.

11 (e) LEAD FEDERAL AGENCY.—The Council

12 shall designate a lead Council member for

13 each estuary restoration project funded

14 under this section. The lead Council member

15 shall have primary responsibility for over16 seeing and assisting in project implementa17 tion.

18 (f) COST SHARING OF ESTUARY HABITAT RES19 TORATION PROJECTS.—

20 (1) WRITTEN AGREEMENT.—

21 (A) CONSTRUCTION COSTS.—The

22 Council shall not provide any assist23 ance for an estuary restoration

24 project until all appropriate non-Fed25 eral interests have entered into a
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1 written agreement with the lead Fed2 eral agency designated under sub3 section (e) in which the non-Federal

4 interests agree to provide the re5 quired non-Federal share of the cost

6 of the project.

7 (B) OPERATION, MAINTENANCE, RE8 PLACEMENT, AND REHABILITATION

9 COSTS.—An agreement entered into

10 under this paragraph shall require

11 that the non-Federal interest pay 100

12 percent of any operation, mainte13 nance, replacement, and rehabilita14 tion costs of the estuary restoration

15 project to the extent prescribed by

16 the Council.

17 (2) FEDERAL SHARE.—

18 (A) IN GENERAL.—Except as pro19 vided in subparagraph (B), the Fed20 eral share of the cost of an estuary

21 restoration project under this section

22 shall not exceed 50 percent of the

23 total cost of the project.

24 (B) INTERIM ACTIONS.—Pending

25 completion of the estuary restoration
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1 strategy under section 5, the Federal

2 share of the cost of an interim action

3 to carry out an estuary restoration

4 project shall not exceed 25 percent of

5 the cost of the interim action.

6 (3) NON-FEDERAL SHARE.—A non-Fed7 eral interest shall provide at least 50 per8 cent of the cost of any project carried out

9 under this section including provision of

10 all lands, easements, rights-of-way, serv11 ices, and relocations.

12 SEC. 7. MONITORING, RESEARCH, AND PEER REVIEW OF

13 ESTUARY RESTORATION PROJECTS.

14 (a) NATIONAL CLEARINGHOUSE OF ESTUARY

15 RESTORATION PROJECT INFORMATION.—

16 (1) IN GENERAL.—The Under Secretary

17 shall maintain a database of information

18 related to estuary restoration projects,

19 including projects funded under section

20 6. Such database shall include informa21 tion on project goals and accomplish22 ments, techniques used to restore habi23 tat, costs of project completion, moni24 toring data, and other information that

25 the Council determines to be relevant.
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1 (2) MONITORING DATA STANDARDS.—The

2 Under Secretary, in consultation with the

3 Council, shall develop quality control re4 quirements and standard data formats

5 for estuary restoration monitoring data,

6 along with requirements for types of data

7 collected and frequency of monitoring.

8 (3) COORDINATION OF DATA.—The

9 Under Secretary shall compile informa10 tion pertaining to estuary restoration

11 projects from other Federal, State, and

12 local sources provided that the informa13 tion meets the quality control require14 ments and data standards established

15 under this subsection.

16 (4) USE OF EXISTING PROGRAMS.—The

17 Under Secretary shall use existing pro18 grams within the National Oceanic and

19 Atmospheric Administration to create

20 and maintain the database required

21 under this subsection.

22 (5) PUBLIC AVAILABILITY.—The Under

23 Secretary shall make the information col24 lected and maintained under this sub25 section available to the public.
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1 (b) ESTUARY RESTORATION RESEARCH AND

2 INNOVATION.—The Under Secretary shall de3 velop and enhance monitoring and research

4 capabilities, through use of existing pro5 grams, including the environmental tech6 nology innovation program associated with

7 the National Estuarine Research Reserve Sys8 tem established by section 315 of the Coastal

9 Zone Management Act of 1972 (16 U.S.C. 1461),

10 to ensure that restoration efforts are based on

11 sound science and innovative technologies.

12 (c) PEER REVIEW.—The Council shall estab13 lish a procedure for providing scientific peer

14 review, coordinated through the National Es15 tuary Research Reserve System established

16 by section 315 of the Coastal Zone Manage17 ment Act of 1972 (16 U.S.C. 1461), of estuary

18 restoration projects submitted under section

19 6.

20 SEC. 8. REPORT.

21 (a) IN GENERAL.—The Council shall bienni22 ally transmit to the States, the Committee on

23 Resources and the Committee on Transpor24 tation and Infrastructure of the House of Rep25 resentatives, and the Committee on Environ-
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1 ment and Public Works of the Senate a report

2 on the results of activities carried out under

3 this Act.

4 (b) CONTENTS OF REPORT.—A report trans5 mitted under subsection (a) shall include—

6 (1) the number of acres of estuary

7 habitat restored under this Act and the

8 status of other acres in need of restora9 tion;

10 (2) descriptions of, and partners in11 volved with, projects selected, in

12 progress, and completed under this Act;

13 (3) information related to ongoing

14 monitoring of projects to ensure that

15 short-term and long-term restoration

16 goals are achieved;

17 (4) an estimate of the long-term suc18 cess of varying restoration techniques

19 used in carrying out estuary restoration

20 projects;

21 (5) a review of how the information

22 described in paragraphs (1) through (4)

23 has been incorporated in the selection

24 and implementation of estuary habitat

25 restoration projects;
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1 (6) a review of efforts made to main2 tain a database of restoration projects;

3 and

4 (7) a review of the measures taken to

5 provide the information described in sub6 paragraphs (1) through (4) to persons

7 with responsibility for restoring estu8 aries;

9 SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

10 (a) AUTHORIZATION FOR RESTORATION

11 PROJECTS.—

12 (1) IN GENERAL.—There is authorized

13 to be appropriated to the Secretary to

14 carry out estuary restoration projects

15 under this Act $50,000,000 for each of fis16 cal years 2002, 2003, and 2004. Such

17 amounts shall remain available until ex18 pended.

19 (2) SET-ASIDE FOR ADMINISTRATIVE EX20 PENSES OF THE COUNCIL.—Of the amounts

21 appropriated for a fiscal year under this

22 subsection, not more than $1,000,000 may

23 be used by the Secretary for administra24 tion and operation of the Council and ad25 visory board.
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1 (3) DISTRIBUTION OF APPROPRIATIONS

2 FOR ESTUARY RESTORATION ACTIVITIES.—

3 The Secretary shall allocate funds made

4 available to carry out this Act to the

5 members of the Council, based on the

6 need for the funds and such other factors

7 as the Council determines to be appro8 priate to carry out this Act.

9 (b) AUTHORIZATION FOR MONITORING DATA10 BASE.—There is authorized to be appropriated

11 to the Under Secretary for the acquisition,

12 maintenance, and management of monitoring

13 data on restoration projects carried out under

14 this Act $1,000,000 for each of fiscal years

15 2002, 2003, and 2004. Such amounts shall re16 main available until expended.

17 SEC. 10. AGENCY CONSULTATION AND COORDINATION.

18 (a) IN GENERAL.—In carrying out this Act,

19 the Council shall, as necessary, consult with,

20 cooperate with, and coordinate its activities

21 with the activities of other appropriate Fed22 eral agencies.

23 (b) COOPERATIVE AGREEMENTS; MEMORANDA

24 OF UNDERSTANDING.—In carrying out this Act,

25 the Council may enter into cooperative agree-
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1 ments and memoranda of understanding with

2 Federal agencies and non-Federal interests.

3 (c) FEDERAL AGENCY FACILITIES AND PER4 SONNEL.—Federal agencies may cooperate in

5 carrying out scientific and other programs

6 necessary to carry out this Act, and may pro7 vide facilities and personnel for the purpose

8 of assisting the Council in carrying out its du9 ties under this Act.

10 (d) REIMBURSEMENT.—Federal agencies

11 may accept reimbursement from the Council

12 for providing services, facilities, and per13 sonnel under subsection (c).

Union Calendar No. 366

106TH CONGRESS

2D SESSION H. R. 1775

[Report No. 106–561, Parts I and II]

A BILL

To catalyze restoration of estuary habitat through

more efficient financing of projects and enhancedcoordination of Federal and non-Federal restoration programs, and for other purposes.

JUNE 9, 2000

Reported from the Committee on Resources with an

amendment, committed to the Committee of the WholeHouse on the State of the Union, and ordered to beprinted