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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3540 Introduced in Senate (IS)]

111th CONGRESS
  2d Session
                                S. 3540

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

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             June 28, 2010

 Mr. Whitehouse (for himself and Mr. Vitter) introduced the following 
bill; which was read twice and referred to the Committee on Environment 
                            and Public Works

_______________________________________________________________________

                                 A BILL

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

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Clean Estuaries Act of 2010''.

SEC. 2. NATIONAL ESTUARY PROGRAM AMENDMENTS.

    (a) Purposes of Conference.--
            (1) Development of comprehensive conservation and 
        management plans.--Section 320(b) of the Federal Water 
        Pollution Control Act (33 U.S.C. 1330(b)) is amended by 
        striking paragraph (4) and inserting the following:
            ``(4) develop and submit to the Administrator a 
        comprehensive conservation and management plan that--
                    ``(A) identifies the estuary and the associated 
                upstream waters of the estuary to be addressed by the 
                plan, with consideration given to hydrological 
                boundaries;
                    ``(B) recommends priority corrective actions and 
                compliance schedules addressing--
                            ``(i) point and nonpoint sources of 
                        pollution; and
                            ``(ii) protection and conservation 
                        actions--
                                    ``(I) to restore and maintain the 
                                chemical, physical, and biological 
                                integrity of the estuary, including--
                                            ``(aa) restoration and 
                                        maintenance of water quality, 
                                        wetlands, and natural 
                                        hydrologic flows;
                                            ``(bb) a resilient and 
                                        diverse indigenous population 
                                        of shellfish, fish, and 
                                        wildlife; and
                                            ``(cc) recreational 
                                        activities in the estuary; and
                                    ``(II) to ensure that the 
                                designated uses of the estuary are 
                                protected;
                    ``(C) identifies healthy watershed components for 
                protection and conservation by carrying out integrated 
                assessments, where appropriate, of--
                            ``(i) aquatic habitat and biological 
                        integrity;
                            ``(ii) water quality; and
                            ``(iii) natural hydrologic flows;
                    ``(D) considers current and future sustainable 
                commercial activities in the estuary;
                    ``(E) addresses the impacts of climate change on 
                the estuary, including--
                            ``(i) the identification and assessment of 
                        vulnerabilities in the estuary;
                            ``(ii) the development and implementation 
                        of adaptation strategies; and
                            ``(iii) the impacts of changes in sea level 
                        on estuarine water quality, estuarine habitat, 
                        and infrastructure located in the estuary;
                    ``(F) increases public education and awareness with 
                respect to--
                            ``(i) the ecological health of the estuary;
                            ``(ii) the water quality conditions of the 
                        estuary; and
                            ``(iii) ocean, estuarine, land, and 
                        atmospheric connections and interactions;
                    ``(G)(i) identifies and assesses impairments, 
                including upstream impairments, coming from outside of 
                the area addressed by the plan, and the sources of 
                those impairments; and
                    ``(ii) provides the applicable State with any 
                information on such impairments or the sources of such 
                impairments;
                    ``(H) includes performance measures and goals to 
                track implementation of the plan; and
                    ``(I) includes a coordinated monitoring strategy 
                for Federal, State, and local governments and other 
                entities.''.
            (2) Monitoring and making results available.--Section 
        320(b) of the Federal Water Pollution Control Act (33 U.S.C. 
        1330(b)) is amended by striking paragraph (6) and inserting the 
        following:
            ``(6) monitor (and make results available to the public 
        regarding)--
                    ``(A) water quality conditions in the estuary and 
                the associated upstream waters of the estuary 
                identified under paragraph (4)(A);
                    ``(B) healthy watershed and habitat conditions that 
                relate to the ecological health and water quality 
                conditions of the estuary; and
                    ``(C) the effectiveness of actions taken pursuant 
                to the comprehensive conservation and management plan 
                developed for the estuary under this subsection;''.
            (3) Information and educational activities.--Section 320(b) 
        of the Federal Water Pollution Control Act (33 U.S.C. 1330(b)) 
        is amended--
                    (A) by redesignating paragraph (7) as paragraph 
                (8); and
                    (B) by inserting after paragraph (6) the following:
            ``(7) provide information and educational activities on the 
        ecological health and water quality conditions of the estuary; 
        and''.
            (4) Conforming amendment.--The sentence following section 
        320(b)(8) of the Federal Water Pollution Control Act (as so 
        redesignated) (33 U.S.C. 1330(b)(8)) is amended by striking 
        ``paragraph (7)'' and inserting ``paragraph (8)''.
    (b) Members of Conference; Collaborative Processes.--
            (1) Members of conference.--Section 320(c)(5) of the 
        Federal Water Pollution Control Act (33 U.S.C. 1330(c)(5)) is 
        amended by inserting ``not-for-profit organizations,'' after 
        ``institutions,''.
            (2) Collaborative processes.--Section 320(d) of the Federal 
        Water Pollution Control Act (33 U.S.C. 1330(d)) is amended--
                    (A) by striking ``(d)'' and all that follows 
                through ``In developing'' and inserting the following:
    ``(d) Use of Existing Data and Collaborative Processes.--
            ``(1) Use of existing data.--In developing''; and
                    (B) by adding at the end the following:
            ``(2) Use of collaborative processes.--In updating a plan 
        under subsection (f)(4) or developing a new plan under 
        subsection (b), a management conference shall make use of 
        collaborative processes--
                    ``(A) to ensure equitable inclusion of affected 
                interests;
                    ``(B) to engage with members of the management 
                conference, including through--
                            ``(i) the use of consensus-based decision 
                        rules; and
                            ``(ii) assistance from impartial 
                        facilitators, as appropriate;
                    ``(C) to ensure relevant information, including 
                scientific, technical, and cultural information, is 
                accessible to members;
                    ``(D) to promote accountability and transparency by 
                ensuring members are informed in a timely manner of--
                            ``(i) the purposes and objectives of the 
                        management conference; and
                            ``(ii) the results of an evaluation 
                        conducted under subsection (f)(3);
                    ``(E) to identify the roles and responsibilities of 
                members--
                            ``(i) in the management conference 
                        proceedings; and
                            ``(ii) in the implementation of the plan; 
                        and
                    ``(F) to seek resolution of conflicts or disputes 
                as necessary.''.
    (c) Administration of Plans.--Section 320 of the Federal Water 
Pollution Control Act (33 U.S.C. 1330) is amended by striking 
subsection (f) and inserting the following:
    ``(f) Administration of Plans.--
            ``(1) Approval.--Not later than 120 days after the date on 
        which a management conference submits to the Administrator a 
        comprehensive conservation and management plan under this 
        section, and after providing for public review and comment, the 
        Administrator shall approve the plan, if--
                    ``(A) the Administrator determines that the plan 
                meets the requirements of this section; and
                    ``(B) each affected Governor concurs.
            ``(2) Implementation.--
                    ``(A) In general.--On the approval of a 
                comprehensive conservation and management plan under 
                this section, the plan shall be implemented.
                    ``(B) Use of authorized amounts.--Amounts 
                authorized to be appropriated under titles II and VI 
                and section 319 may be used in accordance with the 
                applicable requirements of this Act to assist States 
                with the implementation of a plan approved under 
                paragraph (1).
            ``(3) Evaluation.--
                    ``(A) In general.--Not later than 5 years after the 
                date of enactment of this paragraph, and every 5 years 
                thereafter, the Administrator shall carry out--
                            ``(i) an evaluation of the implementation 
                        of each comprehensive conservation and 
                        management plan developed under this section to 
                        determine the degree to which the goals of the 
                        plan have been met; and
                            ``(ii) a review of the program designed to 
                        implement the plan.
                    ``(B) Review and comment by management 
                conference.--In completing an evaluation under 
                subparagraph (A), the Administrator shall submit the 
                results of the evaluation to the appropriate management 
                conference for review and comment.
                    ``(C) Report.--
                            ``(i) In general.--In completing an 
                        evaluation under subparagraph (A), and after 
                        providing an opportunity for a management 
                        conference to submit comments under 
                        subparagraph (B), the Administrator shall issue 
                        a report on the results of the evaluation, 
                        including the findings and recommendations of 
                        the Administrator and any comments received 
                        from the management conference.
                            ``(ii) Availability to public.--The 
                        Administrator shall make a report issued under 
                        this subparagraph available to the public, 
                        including through publication in the Federal 
                        Register and on the Internet.
                    ``(D) Special rule for new plans.--Notwithstanding 
                subparagraph (A), if a management conference submits a 
                new comprehensive conservation and management plan to 
                the Administrator after the date of enactment of this 
                paragraph, the Administrator shall complete the 
                evaluation of the implementation of the plan required 
                by subparagraph (A) not later than 5 years after the 
                date of such submission and every 5 years thereafter.
            ``(4) Updates.--
                    ``(A) Requirement.--Not later than 18 months after 
                the date on which the Administrator makes an evaluation 
                of the implementation of a comprehensive conservation 
                and management plan available to the public under 
                paragraph (3)(C), a management conference convened 
                under this section shall submit to the Administrator an 
                update of the plan that reflects, to the maximum extent 
                practicable, the results of the program evaluation.
                    ``(B) Approval of updates.--Not later than 120 days 
                after the date on which a management conference submits 
                to the Administrator an updated comprehensive 
                conservation and management plan under subparagraph 
                (A), and after providing for public review and comment, 
                the Administrator shall approve the updated plan, if 
                the Administrator determines that the updated plan 
                meets the requirements of this section.
            ``(5) Probationary status.--The Administrator may consider 
        a management conference convened under this section to be in 
        probationary status, if the management conference has not 
        received approval for an updated comprehensive conservation and 
        management plan under paragraph (4)(B) on or before the last 
        day of the 3-year period beginning on the date on which the 
        Administrator makes an evaluation of the plan available to the 
        public under paragraph (3)(C).''.
    (d) Federal Agencies.--Section 320 of the Federal Water Pollution 
Control Act (33 U.S.C. 1330) is amended--
            (1) by redesignating subsections (g), (h), (i), (j), and 
        (k) as subsections (h), (i), (j), (k), and (m), respectively; 
        and
            (2) by inserting after subsection (f) the following:
    ``(g) Federal Agencies.--
            ``(1) Activities conducted within estuaries with approved 
        plans.--After approval of a comprehensive conservation and 
        management plan by the Administrator, any Federal action or 
        activity affecting the estuary shall be conducted, to the 
        maximum extent practicable, in a manner consistent with the 
        plan.
            ``(2) Coordination and cooperation.--
                    ``(A) In general.--The Secretary of the Army 
                (acting through the Chief of Engineers), the 
                Administrator of the National Oceanic and Atmospheric 
                Administration, the Director of the United States Fish 
                and Wildlife Service, the Secretary of the Department 
                of Agriculture, the Director of the United States 
                Geological Survey, the Secretary of the Department of 
                Transportation, the Secretary of the Department of 
                Housing and Urban Development, and the heads of other 
                appropriate Federal agencies, as determined by the 
                Administrator, shall, to the maximum extent 
                practicable, cooperate and coordinate activities, 
                including monitoring activities, related to the 
                implementation of a comprehensive conservation and 
                management plan approved by the Administrator.
                    ``(B) Lead coordinating agency.--The Environmental 
                Protection Agency shall serve as the lead coordinating 
                agency under this paragraph.
            ``(3) Consideration of plans in agency budget requests.--In 
        making an annual budget request for a Federal agency referred 
        to in paragraph (2), the head of such agency shall consider the 
        responsibilities of the agency under this section, including 
        under comprehensive conservation and management plans approved 
        by the Administrator.
            ``(4) Monitoring.--The heads of the Federal agencies 
        referred to in paragraph (2) shall collaborate on the 
        development of tools and methodologies for monitoring the 
        ecological health and water quality conditions of estuaries 
        covered by a management conference convened under this 
        section.''.
    (e) Grants.--
            (1) In general.--Subsection (h) (as redesignated by 
        subsection (d)) of section 320 of the Federal Water Pollution 
        Control Act (33 U.S.C. 1330) is amended--
                    (A) in paragraph (1), by striking ``other public'' 
                and all that follows before the period at the end and 
                inserting ``and other public or nonprofit private 
                agencies, institutions, and organizations''; and
                    (B) by adding at the end the following:
            ``(4) Effects of probationary status.--
                    ``(A) Reductions in grant amounts.--The 
                Administrator shall reduce, by an amount to be 
                determined by the Administrator, grants for the 
                implementation of a comprehensive conservation and 
                management plan developed by a management conference 
                convened under this section, if the Administrator 
                determines that the management conference is in 
                probationary status under subsection (f)(5).
                    ``(B) Termination of management conferences.--The 
                Administrator shall terminate a management conference 
                convened under this section, and cease funding for the 
                implementation of the comprehensive conservation and 
                management plan developed by the management conference, 
                if the Administrator determines that the management 
                conference has been in probationary status for 2 
                consecutive years.''.
            (2) Conforming amendment.--Section 320(i) the Federal Water 
        Pollution Control Act (as redesignated by subsection (d)) is 
        amended by striking ``subsection (g)'' and inserting 
        ``subsection (h)''.
    (f) Authorization of Appropriations.--Section 320 of the Federal 
Water Pollution Control Act (33 U.S.C. 1330) (as redesignated by 
subsection (d)) is amended by striking subsection (j) and inserting the 
following:
    ``(j) Authorization of Appropriations.--
            ``(1) In general.--There is authorized to be appropriated 
        to the Administrator $75,000,000 for each of fiscal years 2011 
        through 2016 for--
                    ``(A) expenses relating to the administration of 
                management conferences by the Administrator under this 
                section, except that such expenses shall not exceed 10 
                percent of the amount appropriated under this 
                subsection;
                    ``(B) making grants under subsection (h); and
                    ``(C) monitoring the implementation of a 
                conservation and management plan by the management 
                conference, or by the Administrator in any case in 
                which the conference has been terminated.
            ``(2) Allocations.--Of the sums authorized to be 
        appropriated under this subsection, the Administrator shall 
        provide--
                    ``(A) at least $1,250,000 per fiscal year, subject 
                to the availability of appropriations, for the 
                development, implementation, and monitoring of each 
                conservation and management plan eligible for grant 
                assistance under subsection (h); and
                    ``(B) up to $5,000,000 per fiscal year to carry out 
                subsection (k).''.
    (g) Research.--Section 320(k)(1)(A) of the Federal Water Pollution 
Control Act (as redesignated by subsection (d)) is amended--
            (1) by striking ``paramenters'' and inserting 
        ``parameters''; and
            (2) by inserting ``(including monitoring of both pathways 
        and ecosystems to track the introduction and establishment of 
        nonnative species)'' before ``, to provide the Administrator''.
    (h) National Estuary Program Evaluation.--Section 320 of the 
Federal Water Pollution Control Act (33 U.S.C. 1330) is amended by 
inserting after subsection (k) (as redesignated by subsection (d)) the 
following:
    ``(l) National Estuary Program Evaluation.--
            ``(1) In general.--Not later than 5 years after the date of 
        enactment of this paragraph, and every 5 years thereafter, the 
        Administrator shall complete an evaluation of the national 
        estuary program established under this section.
            ``(2) Specific assessments.--In conducting an evaluation 
        under this subsection, the Administrator shall--
                    ``(A) assess the effectiveness of the national 
                estuary program in improving water quality, natural 
                resources, and sustainable uses of the estuaries 
                covered by management conferences convened under this 
                section;
                    ``(B) identify best practices for improving water 
                quality, natural resources, and sustainable uses of the 
                estuaries covered by management conferences convened 
                under this section, including those practices funded 
                through the use of technical assistance from the 
                Environmental Protection Agency and other Federal 
                agencies;
                    ``(C) assess the reasons why the best practices 
                described in subparagraph (B) resulted in the 
                achievement of program goals;
                    ``(D) identify any redundant requirements for 
                reporting by recipients of a grant under this section; 
                and
                    ``(E) develop and recommend a plan for limiting 
                reporting any redundancies.
            ``(3) Report.--In completing an evaluation under this 
        subsection, the Administrator shall issue a report on the 
        results of the evaluation, including the findings and 
        recommendations of the Administrator.
            ``(4) Availability.--The Administrator shall make a report 
        issued under this subsection available to management 
        conferences convened under this section and the public, 
        including through publication in the Federal Register and on 
        the Internet.''.
    (i) Convening of Conference.--Section 320(a)(2) of the Federal 
Water Pollution Control Act (33 U.S.C. 1330(a)(2)) is amended--
            (1) by striking ``(2) Convening of conference.--'' and all 
        that follows through ``In any case'' and inserting the 
        following:
            ``(2) Convening of conference.--In any case''; and
            (2) by striking subparagraph (B).
    (j) Great Lakes Estuaries.--Section 320(m) of the Federal Water 
Pollution Control Act (as redesignated by subsection (d)) is amended by 
striking the subsection designation and all that follows through ``and 
those portions of tributaries'' and inserting the following:
    ``(m) Definitions.--In this section, the terms `estuary' and 
`estuarine zone' have the meanings given the terms in section 
104(n)(4), except that--
            ``(1) the term `estuary' also includes near coastal waters 
        and other bodies of water within the Great Lakes that are 
        similar in form and function to the waters described in the 
        definition of `estuary' in section 104(n)(4); and
            ``(2) the term `estuarine zone' also includes--
                    ``(A) waters within the Great Lakes described in 
                paragraph (1) and transitional areas from such waters 
                that are similar in form and function to the 
                transitional areas described in the definition of 
                `estuarine zone' in section 104(n)(4);
                    ``(B) associated aquatic ecosystems; and
                    ``(C) those portions of tributaries.''.
                                 <all>
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