II 

Calendar No. 569 

111TH CONGRESS 

2D SESSION H. R. 4715 

[Report No. 111–293] 

IN THE SENATE OF THE UNITED STATES 

APRIL 19, 2010 

Received; read twice and referred to the Committee on Environment and 

Public Works 

SEPTEMBER 16, 2010 

Reported by Mrs. BOXER, with an amendment 

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

AN ACT 

To amend the Federal Water Pollution Control Act to reauthorize the National Estuary Program, and for other 

purposes. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Clean Estuaries Act 

5 of 2010’’. 

6 SEC. 2. NATIONAL ESTUARY PROGRAM AMENDMENTS. 

7 (a) PURPOSES OF CONFERENCE.— 


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1 (1) DEVELOPMENT OF COMPREHENSIVE CON2 SERVATION AND MANAGEMENT PLANS.—Section 

3 320(b)(4) of the Federal Water Pollution Control 

4 Act (33 U.S.C. 1330(b)(4)) is amended to read as 

5 follows: 

6 ‘‘(4) develop and submit to the Administrator a 

7 comprehensive conservation and management plan 

8 that— 

9 ‘‘(A) identifies the estuary and its associ10 ated upstream waters to be addressed by the 

11 plan, with consideration given to hydrological 

12 boundaries; 

13 ‘‘(B) recommends priority corrective ac14 tions and compliance schedules addressing point 

15 and nonpoint sources of pollution to restore and 

16 maintain the chemical, physical, and biological 

17 integrity of the estuary, including restoration 

18 and maintenance of water quality, a resilient 

19 and diverse indigenous population of shellfish, 

20 fish, and wildlife, and recreational activities in 

21 the estuary, and assure that the designated 

22 uses of the estuary are protected; 

23 ‘‘(C) considers current and future sustain24 able commercial activities in the estuary; 


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1 ‘‘(D) addresses the impacts of climate 

2 change on the estuary, including— 

3 ‘‘(i) the identification and assessment 

4 of vulnerabilities in the estuary; 

5 ‘‘(ii) the development and implementa6 tion of adaptation strategies; and 

7 ‘‘(iii) the impacts of changes in sea 

8 level on estuarine water quality, estuarine 

9 habitat, and infrastructure located in the 

10 estuary; 

11 ‘‘(E) increases public education and aware12 ness with respect to— 

13 ‘‘(i) the ecological health of the estu14 ary; 

15 ‘‘(ii) the water quality conditions of 

16 the estuary; and 

17 ‘‘(iii) ocean, estuarine, land, and at18 mospheric connections and interactions; 

19 ‘‘(F) identifies and assesses impairments, 

20 including upstream impairments, coming from 

21 outside of the area addressed by the plan, and 

22 the sources of those impairments; 

23 ‘‘(G) includes performance measures and 

24 goals to track implementation of the plan; and 


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1 ‘‘(H) includes a coordinated monitoring 

2 strategy for Federal, State, and local govern3 ments and other entities.’’. 

4 (2) MONITORING AND MAKING RESULTS AVAIL5 ABLE.—Section 320(b)(6) of such Act (33 U.S.C. 

6 1330(b)(6)) is amended to read as follows: 

7 ‘‘(6) monitor (and make results available to the 

8 public regarding)— 

9 ‘‘(A) water quality conditions in the estu10 ary and its associated upstream waters, as iden11 tified under paragraph (4)(A); 

12 ‘‘(B) habitat conditions that relate to the 

13 ecological health and water quality conditions of 

14 the estuary; and 

15 ‘‘(C) the effectiveness of actions taken pur16 suant to the comprehensive conservation and 

17 management plan developed for the estuary 

18 under this subsection;’’. 

19 (3) INFORMATION AND EDUCATIONAL ACTIVI20 TIES.—Section 320(b) of such Act (33 U.S.C. 

21 1330(b)) is amended— 

22 (A) by redesignating paragraph (7) as 

23 paragraph (8); and 

24 (B) by inserting after paragraph (6) the 

25 following: 


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1 ‘‘(7) provide information and educational activi2 ties on the ecological health and water quality condi3 tions of the estuary; and’’. 

4 (4) CONFORMING AMENDMENT.—The sentence 

5 following section 320(b)(8) of such Act (as so redes6 ignated) is amended by striking ‘‘paragraph (7)’’ 

7 and inserting ‘‘paragraph (8)’’. 

8 (b) MEMBERS OF CONFERENCE; COLLABORATIVE

9 PROCESSES.— 

10 (1) MEMBERS OF CONFERENCE.—Section 

11 320(c)(5) of such Act (33 U.S.C. 1330(c)(5)) is 

12 amended by inserting after ‘‘institutions,’’ the fol13 lowing: ‘‘not-for-profit organizations,’’. 

14 (2) COLLABORATIVE PROCESSES.—Section 

15 320(d) of such Act (33 U.S.C. 1330(d)) is amend16 ed— 

17 (A) by striking ‘‘(d)’’ and all that follows 

18 through ‘‘In developing’’ and inserting the fol19 lowing: 

20 ‘‘(d) UTILIZATION OF EXISTING DATA AND COL21 LABORATIVE PROCESSES.— 

22 ‘‘(1) UTILIZATION OF EXISTING DATA.—In de23 veloping’’; and 

24 (B) by adding at the end the following: 


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1 ‘‘(2) UTILIZATION OF COLLABORATIVE PROC2 ESSES.—In updating a plan under subsection (f)(4) 

3 or developing a new plan under subsection (b), a 

4 management conference shall make use of collabo5 rative processes to— 

6 ‘‘(A) ensure equitable inclusion of affected 

7 interests; 

8 ‘‘(B) engage with members of the manage9 ment conference, including through— 

10 ‘‘(i) the use of consensus-based deci11 sion rules; and 

12 ‘‘(ii) assistance from impartial 

13 facilitators, as appropriate; 

14 ‘‘(C) ensure relevant information, including 

15 scientific, technical, and cultural information, is 

16 accessible to members; 

17 ‘‘(D) promote accountability and trans18 parency by ensuring members are informed in 

19 a timely manner of— 

20 ‘‘(i) the purposes and objectives of the 

21 management conference; and 

22 ‘‘(ii) the results of an evaluation con23 ducted under subsection (f)(3); 

24 ‘‘(E) identify the roles and responsibilities 

25 of members— 


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1 ‘‘(i) in the management conference 

2 proceedings; and 

3 ‘‘(ii) in the implementation of the 

4 plan; and 

5 ‘‘(F) seek resolution of conflicts or dis6 putes as necessary.’’. 

7 (c) ADMINISTRATION OF PLANS.—Section 320(f) of 

8 such Act (33 U.S.C. 1330(f)) is amended to read as fol9 lows: 

10 ‘‘(f) ADMINISTRATION OF PLANS.— 

11 ‘‘(1) APPROVAL.—Not later than 120 days 

12 after the date on which a management conference 

13 submits to the Administrator a comprehensive con14 servation and management plan under this section, 

15 and after providing for public review and comment, 

16 the Administrator shall approve the plan if the Ad17 ministrator determines that the plan meets the re18 quirements of this section and the affected Governor 

19 or Governors concur. 

20 ‘‘(2) IMPLEMENTATION.—Upon approval of a 

21 comprehensive conservation and management plan 

22 under this section, the plan shall be implemented. 

23 Funds authorized to be appropriated under titles II 

24 and VI and section 319 may be used in accordance 


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1 with the applicable requirements of this Act to assist 

2 States with the implementation of the plan. 

3 ‘‘(3) EVALUATION.— 

4 ‘‘(A) IN GENERAL.—Not later than 4 years 

5 after the date of enactment of this paragraph, 

6 and every 4 years thereafter, the Administrator 

7 shall complete an evaluation of the implementa8 tion of each comprehensive conservation and 

9 management plan developed under this section 

10 to determine the degree to which the goals of 

11 the plan have been met. 

12 ‘‘(B) REVIEW AND COMMENT BY MANAGE13 MENT CONFERENCE.—In completing an evalua14 tion under subparagraph (A), the Administrator 

15 shall submit the results of the evaluation to the 

16 appropriate management conference for review 

17 and comment. 

18 ‘‘(C) REPORT.— 

19 ‘‘(i) IN GENERAL.—In completing an 

20 evaluation under subparagraph (A), and 

21 after providing an opportunity for a man22 agement conference to submit comments 

23 under subparagraph (B), the Adminis24 trator shall issue a report on the results of 

25 the evaluation, including the findings and 


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1 recommendations of the Administrator and 

2 any comments received from the manage3 ment conference. 

4 ‘‘(ii) AVAILABILITY TO PUBLIC.—The 

5 Administrator shall make a report issued 

6 under this subparagraph available to the 

7 public, including through publication in the 

8 Federal Register and on the Internet. 

9 ‘‘(D) SPECIAL RULE FOR NEW PLANS.— 

10 Notwithstanding subparagraph (A), if a man11 agement conference submits a new comprehen12 sive conservation and management plan to the 

13 Administrator after the date of enactment of 

14 this paragraph, the Administrator shall com15 plete the evaluation of the implementation of 

16 the plan required by subparagraph (A) not later 

17 than 4 years after the date of such submission 

18 and every 4 years thereafter. 

19 ‘‘(4) UPDATES.— 

20 ‘‘(A) REQUIREMENT.—Not later than 18 

21 months after the date on which the Adminis22 trator makes an evaluation of the implementa23 tion of a comprehensive conservation and man24 agement plan available to the public under 

25 paragraph (3)(C), a management conference 


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1 convened under this section shall submit to the 

2 Administrator an update of the plan. The up3 dated plan shall reflect, to the maximum extent 

4 practicable, the results of the program evalua5 tion. 

6 ‘‘(B) APPROVAL OF UPDATES.—Not later 

7 than 120 days after the date on which a man8 agement conference submits to the Adminis9 trator an updated comprehensive conservation 

10 and management plan under subparagraph (A), 

11 and after providing for public review and com12 ment, the Administrator shall approve the up13 dated plan if the Administrator determines that 

14 the updated plan meets the requirements of this 

15 section. 

16 ‘‘(5) PROBATIONARY STATUS.—The Adminis17 trator may consider a management conference con18 vened under this section to be in probationary status 

19 if the management conference has not received ap20 proval for an updated comprehensive conservation 

21 and management plan under paragraph (4)(B) on or 

22 before the last day of the 3-year period beginning on 

23 the date on which the Administrator makes an eval24 uation of the plan available to the public under para25 graph (3)(C).’’. 


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1 (d) FEDERAL AGENCIES.—Section 320 of such Act 

2 (33 U.S.C. 1330) is amended— 

3 (1) by redesignating subsections (g), (h), (i), 

4 (j), and (k) as subsections (h), (i), (j), (k), and (m), 

5 respectively; and 

6 (2) by inserting after subsection (f) the fol7 lowing: 

8 ‘‘(g) FEDERAL AGENCIES.— 

9 ‘‘(1) ACTIVITIES CONDUCTED WITHIN ESTU10 ARIES WITH APPROVED PLANS.—After approval of a 

11 comprehensive conservation and management plan 

12 by the Administrator, any Federal action or activity 

13 affecting the estuary shall be conducted, to the max14 imum extent practicable, in a manner consistent 

15 with the plan. 

16 ‘‘(2) COORDINATION AND COOPERATION.—The 

17 Secretary of the Army (acting through the Chief of 

18 Engineers), the Administrator of the National Oce19 anic and Atmospheric Administration, the Director 

20 of the United States Fish and Wildlife Service, the 

21 Chief of the Natural Resources Conservation Serv22 ice, and the heads of other appropriate Federal 

23 agencies, as determined by the Administrator, shall, 

24 to the maximum extent practicable, cooperate and 

25 coordinate activities, including monitoring activities, 


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1 related to the implementation of a comprehensive 

2 conservation and management plan approved by the 

3 Administrator. The Environmental Protection Agen4 cy shall serve as the lead coordinating agency under 

5 this paragraph. 

6 ‘‘(3) CONSIDERATION OF PLANS IN AGENCY

7 BUDGET REQUESTS.—In making an annual budget 

8 request for a Federal agency referred to in para9 graph (2), the head of such agency shall consider 

10 the responsibilities of the agency under this section, 

11 including under comprehensive conservation and 

12 management plans approved by the Administrator. 

13 ‘‘(4) MONITORING.—The heads of the Federal 

14 agencies referred to in paragraph (2) shall collabo15 rate on the development of tools and methodologies 

16 for monitoring the ecological health and water qual17 ity conditions of estuaries covered by a management 

18 conference convened under this section.’’. 

19 (e) GRANTS.— 

20 (1) RECIPIENTS.—Section 320(h)(1) of such 

21 Act (as redesignated by subsection (d) of this sec22 tion) is amended by striking ‘‘other public’’ and all 

23 that follows before the period at the end and insert24 ing ‘‘and other public or nonprofit private agencies, 

25 institutions, and organizations’’. 


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1 (2) EFFECTS OF PROBATIONARY STATUS.—Sec2 tion 320(h) of such Act (as redesignated by sub3 section (d) of this section) is further amended by 

4 adding at the end the following: 

5 ‘‘(4) EFFECTS OF PROBATIONARY STATUS.— 

6 ‘‘(A) REDUCTIONS IN GRANT AMOUNTS.— 

7 The Administrator shall reduce, by an amount 

8 to be determined by the Administrator, grants 

9 for the implementation of a comprehensive con10 servation and management plan developed by a 

11 management conference convened under this 

12 section if the Administrator determines that the 

13 management conference is in probationary sta14 tus under subsection (f)(5). 

15 ‘‘(B) TERMINATION OF MANAGEMENT CON16 FERENCES.—The Administrator shall terminate 

17 a management conference convened under this 

18 section, and cease funding for the implementa19 tion of the comprehensive conservation and 

20 management plan developed by the manage21 ment conference, if the Administrator deter22 mines that the management conference has 

23 been in probationary status for 2 consecutive 

24 years.’’. 


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1 (3) CONFORMING AMENDMENT.—Section 320(i) 

2 of such Act (as redesignated by subsection (d) of 

3 this section) is amended by striking ‘‘subsection (g)’’ 

4 and inserting ‘‘subsection (h)’’. 

5 (f) AUTHORIZATION OF APPROPRIATIONS.—Section 

6 320(j) of such Act (as redesignated by subsection (d) of 

7 this section) is amended to read as follows: 

8 ‘‘(j) AUTHORIZATION OF APPROPRIATIONS.— 

9 ‘‘(1) IN GENERAL.—There is authorized to be 

10 appropriated to the Administrator $50,000,000 for 

11 each of fiscal years 2011 through 2016 for— 

12 ‘‘(A) expenses related to the administration 

13 of management conferences under this section, 

14 except that such expenses shall not exceed 10 

15 percent of the amount appropriated under this 

16 subsection; 

17 ‘‘(B) making grants under subsection (h); 

18 and 

19 ‘‘(C) monitoring the implementation of a 

20 conservation and management plan by the man21 agement conference, or by the Administrator in 

22 any case in which the conference has been ter23 minated. 


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1 ‘‘(2) ALLOCATIONS.—Of the sums authorized to 

2 be appropriated under this subsection, the Adminis3 trator shall provide— 

4 ‘‘(A) at least $1,250,000 per fiscal year, 

5 subject to the availability of appropriations, for 

6 the development, implementation, and moni7 toring of each conservation and management 

8 plan eligible for grant assistance under sub9 section (h); and 

10 ‘‘(B) up to $5,000,000 per fiscal year to 

11 carry out subsection (k).’’. 

12 (g) RESEARCH.—Section 320(k)(1)(A) of such Act 

13 (as redesignated by subsection (d) of this section) is 

14 amended— 

15 (1) by striking ‘‘paramenters’’ and inserting 

16 ‘‘parameters’’; and 

17 (2) by inserting ‘‘(including monitoring of both 

18 pathways and ecosystems to track the introduction 

19 and establishment of nonnative species)’’ before ‘‘, to 

20 provide the Administrator’’. 

21 (h) NATIONAL ESTUARY PROGRAM EVALUATION.— 

22 Section 320 of such Act (33 U.S.C. 1330) is amended by 

23 inserting after subsection (k) (as redesignated by sub24 section (d) of this section) the following: 

25 ‘‘(l) NATIONAL ESTUARY PROGRAM EVALUATION.— 


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1 ‘‘(1) IN GENERAL.—Not later than 4 years 

2 after the date of enactment of this paragraph, and 

3 every 4 years thereafter, the Administrator shall 

4 complete an evaluation of the national estuary pro5 gram established under this section. 

6 ‘‘(2) SPECIFIC ASSESSMENTS.—In conducting 

7 an evaluation under this subsection, the Adminis8 trator shall— 

9 ‘‘(A) assess the effectiveness of the na10 tional estuary program in improving water 

11 quality, natural resources, and sustainable uses 

12 of the estuaries covered by management con13 ferences convened under this section; 

14 ‘‘(B) identify best practices for improving 

15 water quality, natural resources, and sustain16 able uses of the estuaries covered by manage17 ment conferences convened under this section, 

18 including those practices funded through the 

19 use of technical assistance from the Environ20 mental Protection Agency and other Federal 

21 agencies, and assess the reasons why such prac22 tices result in the achievement of program 

23 goals; and 

24 ‘‘(C) identify any redundant requirements 

25 for reporting by recipients of a grant under this 


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1 section, and develop and recommend a plan for 

2 limiting reporting redundancies. 

3 ‘‘(3) REPORT.—In completing an evaluation 

4 under this subsection, the Administrator shall issue 

5 a report on the results of the evaluation, including 

6 the findings and recommendations of the Adminis7 trator. 

8 ‘‘(4) AVAILABILITY.—The Administrator shall 

9 make a report issued under this subsection available 

10 to management conferences convened under this sec11 tion and the public, including through publication in 

12 the Federal Register and on the Internet.’’. 

13 (i) CONVENING OF CONFERENCE.—Section 

14 320(a)(2) of such Act (33 U.S.C. 1330(a)(2)) is amend15 ed— 

16 (1) by striking ‘‘(2) CONVENING OF CON17 FERENCE.—’’ and all that follows through ‘‘In any 

18 case’’ and inserting the following: 

19 ‘‘(2) CONVENING OF CONFERENCE.—In any 

20 case’’; and 

21 (2) by striking subparagraph (B). 

22 (j) GREAT LAKES ESTUARIES.—Section 320(m) of 

23 such Act (as redesignated by subsection (d) of this sec24 tion) is amended by striking the subsection designation 


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1 and all that follows through ‘‘and those portions of tribu2 taries’’ and inserting the following: 

3 ‘‘(m) DEFINITIONS.—In this section, the terms ‘estu4 ary’ and ‘estuarine zone’ have the meanings such terms 

5 have in section 104(n)(4), except that— 

6 ‘‘(1) the term ‘estuary’ also includes near coast7 al waters and other bodies of water within the Great 

8 Lakes that are similar in form and function to the 

9 waters described in the definition of ‘estuary’ con10 tained in section 104(n)(4); and 

11 ‘‘(2) the term ‘estuarine zone’ also includes— 

12 ‘‘(A) waters within the Great Lakes de13 scribed in paragraph (1) and transitional areas 

14 from such waters that are similar in form and 

15 function to the transitional areas described in 

16 the definition of ‘estuarine zone’ contained in 

17 section 104(n)(4); 

18 ‘‘(B) associated aquatic ecosystems; and 

19 ‘‘(C) those portions of tributaries’’. 

20 SECTION 1. SHORT TITLE. 

21 This Act may be cited as the ‘‘Clean Estuaries Act of 

22 2010’’. 

23 SEC. 2. NATIONAL ESTUARY PROGRAM AMENDMENTS. 

24 (a) PURPOSES OF CONFERENCE.— 


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1 (1) DEVELOPMENT OF COMPREHENSIVE CON2 SERVATION AND MANAGEMENT PLANS.—Section 

3 320(b) of the Federal Water Pollution Control Act (33 

4 U.S.C. 1330(b)) is amended by striking paragraph 

5 (4) and inserting the following: 

6 ‘‘(4) develop and submit to the Administrator a 

7 comprehensive conservation and management plan 

8 that— 

9 ‘‘(A) identifies the estuary and the associ10 ated upstream waters of the estuary to be ad11 dressed by the plan, with consideration given to 

12 hydrological boundaries; 

13 ‘‘(B) recommends priority corrective actions 

14 and compliance schedules addressing— 

15 ‘‘(i) point and nonpoint sources of pol16 lution; and 

17 ‘‘(ii) protection and conservation ac18 tions— 

19 ‘‘(I) to restore and maintain the 

20 chemical, physical, and biological in21 tegrity of the estuary, including— 

22 ‘‘(aa) restoration and main23 tenance of water quality, wet24 lands, and natural hydrologic 

25 flows; 


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1 ‘‘(bb) a resilient and diverse 

2 indigenous population of shellfish, 

3 fish, and wildlife; and 

4 ‘‘(cc) recreational activities 

5 in the estuary; and 

6 ‘‘(II) to ensure that the designated 

7 uses of the estuary are protected; 

8 ‘‘(C) identifies healthy watershed compo9 nents for protection and conservation by car10 rying out integrated assessments, where appro11 priate, of— 

12 ‘‘(i) aquatic habitat and biological in13 tegrity; 

14 ‘‘(ii) water quality; and 

15 ‘‘(iii) natural hydrologic flows; 

16 ‘‘(D) considers current and future sustain17 able commercial activities in the estuary; 

18 ‘‘(E) addresses the impacts of climate 

19 change on the estuary, including— 

20 ‘‘(i) the identification and assessment 

21 of vulnerabilities in the estuary; 

22 ‘‘(ii) the development and implementa23 tion of adaptation strategies; and 

24 ‘‘(iii) the impacts of changes in sea 

25 level on estuarine water quality, estuarine 


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1 habitat, and infrastructure located in the 

2 estuary; 

3 ‘‘(F) increases public education and aware4 ness with respect to— 

5 ‘‘(i) the ecological health of the estuary; 

6 ‘‘(ii) the water quality conditions of 

7 the estuary; and 

8 ‘‘(iii) ocean, estuarine, land, and at9 mospheric connections and interactions; 

10 ‘‘(G)(i) identifies and assesses impairments, 

11 including significant adverse upstream impair12 ments coming from outside of the area addressed 

13 by the plan, and the sources of those impair14 ments; and 

15 ‘‘(ii) provides the applicable State with 

16 any information on such impairments or 

17 the sources of such impairments; 

18 ‘‘(H) includes performance measures and 

19 goals to track implementation of the plan; and 

20 ‘‘(I) includes a coordinated monitoring 

21 strategy for Federal, State, and local govern22 ments and other entities.’’. 

23 (2) MONITORING AND MAKING RESULTS AVAIL24 ABLE.—Section 320(b) of the Federal Water Pollution 


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1 Control Act (33 U.S.C. 1330(b)) is amended by strik2 ing paragraph (6) and inserting the following: 

3 ‘‘(6) monitor (and make results available to the 

4 public regarding)— 

5 ‘‘(A) water quality conditions in the estu6 ary and the associated upstream waters of the es7 tuary identified under paragraph (4)(A); 

8 ‘‘(B) healthy watershed and habitat condi9 tions that relate to the ecological health and 

10 water quality conditions of the estuary; and 

11 ‘‘(C) the effectiveness of actions taken pursu12 ant to the comprehensive conservation and man13 agement plan developed for the estuary under 

14 this subsection;’’. 

15 (3) INFORMATION AND EDUCATIONAL ACTIVI16 TIES.—Section 320(b) of the Federal Water Pollution 

17 Control Act (33 U.S.C. 1330(b)) is amended— 

18 (A) by redesignating paragraph (7) as 

19 paragraph (8); and 

20 (B) by inserting after paragraph (6) the fol21 lowing: 

22 ‘‘(7) provide information and educational activi23 ties on the ecological health and water quality condi24 tions of the estuary; and’’. 


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1 (4) CONFORMING AMENDMENT.—The sentence fol2 lowing section 320(b)(8) of the Federal Water Pollu3 tion Control Act (as so redesignated) (33 U.S.C. 

4 1330(b)(8)) is amended by striking ‘‘paragraph (7)’’ 

5 and inserting ‘‘paragraph (8)’’. 

6 (b) MEMBERS OF CONFERENCE; COLLABORATIVE

7 PROCESSES.— 

8 (1) MEMBERS OF CONFERENCE.—Section 

9 320(c)(5) of the Federal Water Pollution Control Act 

10 (33 U.S.C. 1330(c)(5)) is amended by inserting ‘‘not11 for-profit organizations,’’ after ‘‘institutions,’’. 

12 (2) COLLABORATIVE PROCESSES.—Section 

13 320(d) of the Federal Water Pollution Control Act (33 

14 U.S.C. 1330(d)) is amended— 

15 (A) by striking ‘‘(d)’’ and all that follows 

16 through ‘‘In developing’’ and inserting the fol17 lowing: 

18 ‘‘(d) USE OF EXISTING DATA AND COLLABORATIVE

19 PROCESSES.— 

20 ‘‘(1) USE OF EXISTING DATA.—In developing’’; 

21 and 

22 (B) by adding at the end the following: 

23 ‘‘(2) USE OF COLLABORATIVE PROCESSES.—In 

24 updating a plan under subsection (f)(4) or developing 


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1 a new plan under subsection (b), a management con2 ference shall make use of collaborative processes— 

3 ‘‘(A) to ensure equitable inclusion of affected 

4 interests; 

5 ‘‘(B) to engage with members of the man6 agement conference, including through— 

7 ‘‘(i) the use of consensus-based decision 

8 rules; and 

9 ‘‘(ii) assistance from impartial 

10 facilitators, as appropriate; 

11 ‘‘(C) to ensure relevant information, includ12 ing scientific, technical, and cultural informa13 tion, is accessible to members; 

14 ‘‘(D) to promote accountability and trans15 parency by ensuring members are informed in a 

16 timely manner of— 

17 ‘‘(i) the purposes and objectives of the 

18 management conference; and 

19 ‘‘(ii) the results of an evaluation con20 ducted under subsection (f)(3); 

21 ‘‘(E) to identify the roles and responsibil22 ities of members— 

23 ‘‘(i) in the management conference pro24 ceedings; and 


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1 ‘‘(ii) in the implementation of the 

2 plan; and 

3 ‘‘(F) to seek resolution of conflicts or dis4 putes as necessary.’’. 

5 (c) ADMINISTRATION OF PLANS.—Section 320 of the 

6 Federal Water Pollution Control Act (33 U.S.C. 1330) is 

7 amended by striking subsection (f) and inserting the fol8 lowing: 

9 ‘‘(f) ADMINISTRATION OF PLANS.— 

10 ‘‘(1) APPROVAL.—Not later than 120 days after 

11 the date on which a management conference submits 

12 to the Administrator a comprehensive conservation 

13 and management plan under this section, and after 

14 providing for public review and comment, the Admin15 istrator shall approve the plan, if— 

16 ‘‘(A) the Administrator determines that the 

17 plan meets the requirements of this section; and 

18 ‘‘(B) each affected Governor concurs. 

19 ‘‘(2) IMPLEMENTATION.— 

20 ‘‘(A) IN GENERAL.—On the approval of a 

21 comprehensive conservation and management 

22 plan under this section, the plan shall be imple23 mented. 

24 ‘‘(B) USE OF AUTHORIZED AMOUNTS.— 

25 Amounts authorized to be appropriated under tiVerDate Mar 15 2010 22:24 Sep 16, 2010 Jkt 089200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6203 E:\BILLS\H4715.RS H4715

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1 tles II and VI and section 319 may be used in 

2 accordance with the applicable requirements of 

3 this Act to assist States with the implementation 

4 of a plan approved under paragraph (1). 

5 ‘‘(3) EVALUATION.— 

6 ‘‘(A) IN GENERAL.—Not later than 5 years 

7 after the date of enactment of this paragraph, 

8 and every 5 years thereafter, the Administrator 

9 shall carry out— 

10 ‘‘(i) an evaluation of the implementa11 tion of each comprehensive conservation and 

12 management plan developed under this sec13 tion to determine the degree to which the 

14 goals of the plan have been met; and 

15 ‘‘(ii) a review of the program designed 

16 to implement the plan. 

17 ‘‘(B) REVIEW AND COMMENT BY MANAGE18 MENT CONFERENCE.—In completing an evalua19 tion under subparagraph (A), the Administrator 

20 shall submit the results of the evaluation to the 

21 appropriate management conference for review 

22 and comment. 

23 ‘‘(C) REPORT.— 

24 ‘‘(i) IN GENERAL.—In completing an 

25 evaluation under subparagraph (A), and 


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1 after providing an opportunity for a man2 agement conference to submit comments 

3 under subparagraph (B), the Administrator 

4 shall issue a report on the results of the 

5 evaluation, including the findings and rec6 ommendations of the Administrator and 

7 any comments received from the manage8 ment conference. 

9 ‘‘(ii) AVAILABILITY TO PUBLIC.—The 

10 Administrator shall make a report issued 

11 under this subparagraph available to the 

12 public, including through publication in the 

13 Federal Register and on the Internet. 

14 ‘‘(D) SPECIAL RULE FOR NEW PLANS.—Not15 withstanding subparagraph (A), if a manage16 ment conference submits a new comprehensive 

17 conservation and management plan to the Ad18 ministrator after the date of enactment of this 

19 paragraph, the Administrator shall complete the 

20 evaluation of the implementation of the plan re21 quired by subparagraph (A) not later than 5 

22 years after the date of such submission and every 

23 5 years thereafter. 

24 ‘‘(4) UPDATES.— 


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1 ‘‘(A) REQUIREMENT.—Not later than 18 

2 months after the date on which the Adminis3 trator makes an evaluation of the implementa4 tion of a comprehensive conservation and man5 agement plan available to the public under para6 graph (3)(C), a management conference convened 

7 under this section shall submit to the Adminis8 trator an update of the plan that reflects, to the 

9 maximum extent practicable, the results of the 

10 program evaluation. 

11 ‘‘(B) APPROVAL OF UPDATES.—Not later 

12 than 120 days after the date on which a manage13 ment conference submits to the Administrator an 

14 updated comprehensive conservation and man15 agement plan under subparagraph (A), and after 

16 providing for public review and comment, the 

17 Administrator shall approve the updated plan, if 

18 the Administrator determines that the updated 

19 plan meets the requirements of this section. 

20 ‘‘(5) PROBATIONARY STATUS.—The Adminis21 trator may consider a management conference con22 vened under this section to be in probationary status, 

23 if the management conference has not received ap24 proval for an updated comprehensive conservation 

25 and management plan under paragraph (4)(B) on or 


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1 before the last day of the 3-year period beginning on 

2 the date on which the Administrator makes an eval3 uation of the plan available to the public under para4 graph (3)(C).’’. 

5 (d) FEDERAL AGENCIES.—Section 320 of the Federal 

6 Water Pollution Control Act (33 U.S.C. 1330) is amend7 ed— 

8 (1) by redesignating subsections (g), (h), (i), (j), 

9 and (k) as subsections (h), (i), (j), (k), and (m), re10 spectively; and 

11 (2) by inserting after subsection (f) the following: 

12 ‘‘(g) FEDERAL AGENCIES.— 

13 ‘‘(1) ACTIVITIES CONDUCTED WITHIN ESTUARIES

14 WITH APPROVED PLANS.—After approval of a com15 prehensive conservation and management plan by the 

16 Administrator, any Federal action or activity affect17 ing the estuary shall be conducted, to the maximum 

18 extent practicable, in a manner consistent with the 

19 plan. 

20 ‘‘(2) COORDINATION AND COOPERATION.— 

21 ‘‘(A) IN GENERAL.—The Secretary of the 

22 Army (acting through the Chief of Engineers), 

23 the Administrator of the National Oceanic and 

24 Atmospheric Administration, the Director of the 

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1 retary of the Department of Agriculture, the Di2 rector of the United States Geological Survey, the 

3 Secretary of the Department of Transportation, 

4 the Secretary of the Department of Housing and 

5 Urban Development, and the heads of other ap6 propriate Federal agencies, as determined by the 

7 Administrator, shall, to the maximum extent 

8 practicable, cooperate and coordinate activities, 

9 including monitoring activities, related to the 

10 implementation of a comprehensive conservation 

11 and management plan approved by the Adminis12 trator. 

13 ‘‘(B) LEAD COORDINATING AGENCY.—The 

14 Environmental Protection Agency shall serve as 

15 the lead coordinating agency under this para16 graph. 

17 ‘‘(3) CONSIDERATION OF PLANS IN AGENCY

18 BUDGET REQUESTS.—In making an annual budget 

19 request for a Federal agency referred to in paragraph 

20 (2), the head of such agency shall consider the respon21 sibilities of the agency under this section, including 

22 under comprehensive conservation and management 

23 plans approved by the Administrator. 

24 ‘‘(4) MONITORING.—The heads of the Federal 

25 agencies referred to in paragraph (2) shall collaborate 


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1 on the development of tools and methodologies for 

2 monitoring the ecological health and water quality 

3 conditions of estuaries covered by a management con4 ference convened under this section.’’. 

5 (e) GRANTS.— 

6 (1) IN GENERAL.—Subsection (h) (as redesig7 nated by subsection (d)) of section 320 of the Federal 

8 Water Pollution Control Act (33 U.S.C. 1330) is 

9 amended— 

10 (A) in paragraph (1), by striking ‘‘other 

11 public’’ and all that follows before the period at 

12 the end and inserting ‘‘and other public or non13 profit private agencies, institutions, and organi14 zations’’; and 

15 (B) by adding at the end the following: 

16 ‘‘(4) EFFECTS OF PROBATIONARY STATUS.— 

17 ‘‘(A) REDUCTIONS IN GRANT AMOUNTS.— 

18 The Administrator shall reduce, by an amount to 

19 be determined by the Administrator, grants for 

20 the implementation of a comprehensive conserva21 tion and management plan developed by a man22 agement conference convened under this section, 

23 if the Administrator determines that the man24 agement conference is in probationary status 

25 under subsection (f)(5). 


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1 ‘‘(B) TERMINATION OF MANAGEMENT CON2 FERENCES.—The Administrator shall terminate 

3 a management conference convened under this 

4 section, and cease funding for the implementa5 tion of the comprehensive conservation and man6 agement plan developed by the management con7 ference, if the Administrator determines that the 

8 management conference has been in probationary 

9 status for 2 consecutive years.’’. 

10 (2) CONFORMING AMENDMENT.—Section 320(i) 

11 the Federal Water Pollution Control Act (as redesig12 nated by subsection (d)) is amended by striking ‘‘sub13 section (g)’’ and inserting ‘‘subsection (h)’’. 

14 (f) AUTHORIZATION OF APPROPRIATIONS.—Section 

15 320 of the Federal Water Pollution Control Act (33 U.S.C. 

16 1330) (as redesignated by subsection (d)) is amended by 

17 striking subsection (j) and inserting the following: 

18 ‘‘(j) AUTHORIZATION OF APPROPRIATIONS.— 

19 ‘‘(1) IN GENERAL.—There is authorized to be ap20 propriated to the Administrator $75,000,000 for each 

21 of fiscal years 2011 through 2016 for— 

22 ‘‘(A) expenses relating to the administration 

23 of management conferences by the Administrator 

24 under this section, except that such expenses 


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1 shall not exceed 10 percent of the amount appro2 priated under this subsection; 

3 ‘‘(B) making grants under subsection (h); 

4 and 

5 ‘‘(C) monitoring the implementation of a 

6 conservation and management plan by the man7 agement conference, or by the Administrator in 

8 any case in which the conference has been termi9 nated. 

10 ‘‘(2) ALLOCATIONS.—Of the sums authorized to 

11 be appropriated under this subsection, the Adminis12 trator shall provide— 

13 ‘‘(A) at least $1,250,000 per fiscal year, 

14 subject to the availability of appropriations, for 

15 the development, implementation, and moni16 toring of each conservation and management 

17 plan eligible for grant assistance under sub18 section (h); and 

19 ‘‘(B) up to $5,000,000 per fiscal year to 

20 carry out subsection (k).’’. 

21 (g) RESEARCH.—Section 320(k)(1)(A) of the Federal 

22 Water Pollution Control Act (as redesignated by subsection 

23 (d)) is amended— 

24 (1) by striking ‘‘paramenters’’ and inserting 

25 ‘‘parameters’’; and 


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1 (2) by inserting ‘‘(including monitoring of both 

2 pathways and ecosystems to track the introduction 

3 and establishment of nonnative species)’’ before ‘‘, to 

4 provide the Administrator’’. 

5 (h) NATIONAL ESTUARY PROGRAM EVALUATION.—Sec6 tion 320 of the Federal Water Pollution Control Act (33 

7 U.S.C. 1330) is amended by inserting after subsection (k) 

8 (as redesignated by subsection (d)) the following: 

9 ‘‘(l) NATIONAL ESTUARY PROGRAM EVALUATION.— 

10 ‘‘(1) IN GENERAL.—Not later than 5 years after 

11 the date of enactment of this paragraph, and every 5 

12 years thereafter, the Administrator shall complete an 

13 evaluation of the national estuary program estab14 lished under this section. 

15 ‘‘(2) SPECIFIC ASSESSMENTS.—In conducting an 

16 evaluation under this subsection, the Administrator 

17 shall— 

18 ‘‘(A) assess the effectiveness of the national 

19 estuary program in improving water quality, 

20 natural resources, and sustainable uses of the es21 tuaries covered by management conferences con22 vened under this section; 

23 ‘‘(B) identify best practices for improving 

24 water quality, natural resources, and sustainable 

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1 ferences convened under this section, including 

2 those practices funded through the use of tech3 nical assistance from the Environmental Protec4 tion Agency and other Federal agencies; 

5 ‘‘(C) assess the reasons why the best prac6 tices described in subparagraph (B) resulted in 

7 the achievement of program goals; 

8 ‘‘(D) identify any redundant requirements 

9 for reporting by recipients of a grant under this 

10 section; and 

11 ‘‘(E) develop and recommend a plan for 

12 limiting reporting any redundancies. 

13 ‘‘(3) REPORT.—In completing an evaluation 

14 under this subsection, the Administrator shall issue a 

15 report on the results of the evaluation, including the 

16 findings and recommendations of the Administrator. 

17 ‘‘(4) AVAILABILITY.—The Administrator shall 

18 make a report issued under this subsection available 

19 to management conferences convened under this sec20 tion and the public, including through publication in 

21 the Federal Register and on the Internet.’’. 

22 (i) CONVENING OF CONFERENCE.—Section 320(a)(2) 

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

24 1330(a)(2)) is amended— 


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1 (1) by striking ‘‘(2) CONVENING OF CON2 FERENCE.—’’ and all that follows through ‘‘In any 

3 case’’ and inserting the following: 

4 ‘‘(2) CONVENING OF CONFERENCE.—In any 

5 case’’; and 

6 (2) by striking subparagraph (B). 

7 (j) GREAT LAKES ESTUARIES.—Section 320(m) of the 

8 Federal Water Pollution Control Act (as redesignated by 

9 subsection (d)) is amended by striking the subsection des10 ignation and all that follows through ‘‘and those portions 

11 of tributaries’’ and inserting the following: 

12 ‘‘(m) DEFINITIONS.—In this section, the terms ‘estu13 ary’ and ‘estuarine zone’ have the meanings given the terms 

14 in section 104(n)(4), except that— 

15 ‘‘(1) the term ‘estuary’ also includes near coastal 

16 waters and other bodies of water within the Great 

17 Lakes that are similar in form and function to the 

18 waters described in the definition of ‘estuary’ in sec19 tion 104(n)(4); and 

20 ‘‘(2) the term ‘estuarine zone’ also includes— 

21 ‘‘(A) waters within the Great Lakes de22 scribed in paragraph (1) and transitional areas 

23 from such waters that are similar in form and 

24 function to the transitional areas described in 


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1 the definition of ‘estuarine zone’ in section 

2 104(n)(4); 

3 ‘‘(B) associated aquatic ecosystems; and 

4 ‘‘(C) those portions of tributaries’’. 


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Calendar No. 569 

111TH CONGRESS 

2D SESSION H. R. 4715 

[Report No. 111–293] 

AN ACT 

To amend the Federal Water Pollution Control Act 

and for other purposes. to reauthorize the National Estuary Program, 

SEPTEMBER 16, 2010 

Reported with an amendment 


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