I

103D CONGRESS

1ST SESSION H. R. 1759

To assist in the restoration of the Chesapeake Bay, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

APRIL 21, 1993

Mr. CARDIN (for himself, Mr. HOYER, Mrs. BENTLEY, Mr. MFUME, Mrs.

MORELLA, Mr. GILCHREST, Mr. WYNN, Mr. BARTLETT of Maryland, Mr.

BATEMAN, Mr. BLILEY, Ms. BYRNE, Mr. MORAN, Mr. WOLF, Mr. BOUCHER, Mr. SISISKY, Mr. MURPHY, Mr. GOODLING, Mr. WELDON, and

Mr. BLACKWELL) introduced the following bill; which was referred jointly

to the Committees on Merchant Marine and Fisheries, Public Works and

Transportation, and Science, Space, and Technology

A BILL

To assist in the restoration of the Chesapeake Bay, 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 ‘‘Chesapeake Bay Res5 toration Act of 1993’’.

6 SEC. 2. FINDINGS AND PURPOSES.

7 (a) FINDINGS.—Congress finds that—
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1 (1) the Chesapeake Bay is a national treasure

2 and a resource of worldwide significance;

3 (2) in recent years, the productivity and water

4 quality of the Chesapeake Bay and the tributaries of

5 the Bay have been diminished by pollution, excessive

6 sedimentation, shoreline erosion, the impacts of

7 growth and development of population in the Chesa8 peake Bay watershed, and other factors;

9 (3) the Federal Government, State govern10 ments, the District of Columbia, and the govern11 ments of political subdivisions of the States with ju12 risdiction over the Chesapeake Bay watershed have

13 committed to a comprehensive and cooperative pro14 gram to achieve improved water quality and im15 provements in the productivity of living resources of

16 the Bay;

17 (4) the cooperative program described in para18 graph (3) serves as a national model for the man19 agement of estuaries; and

20 (5) there is a need to expand Federal support

21 for research, monitoring, management, and restora22 tion activities in the Chesapeake Bay and the tribu23 taries of the Bay in order to meet and further the

24 goals and commitments of the Chesapeake Bay Pro25 gram.
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1 (b) PURPOSES.—The purposes of this Act are to—

2 (1) expand and strengthen the cooperative ef3 forts to restore and protect the Chesapeake Bay;

4 and

5 (2) achieve the goals embodied in the Chesa6 peake Bay Agreement.

7 SEC. 3. DEFINITIONS.

8 As used in this Act, the following definitions apply:

9 (1) ADMINISTRATOR.—The term ‘‘Adminis10 trator’’ means the Administrator of the Environ11 mental Protection Agency.

12 (2) CHESAPEAKE BAY AGREEMENT.—The term

13 ‘‘Chesapeake Bay Agreement’’ means the formal,

14 voluntary agreements executed to achieve the goal of

15 restoring and protecting the Chesapeake Bay eco16 system and the living resources of the ecosystem and

17 signed by the Governor of the State of Maryland,

18 the Governor of the State of Pennsylvania, the Gov19 ernor of the State of Virginia, the mayor of the Dis20 trict of Columbia, the chairman of the tri-State

21 Chesapeake Bay Commission, and the Adminis22 trator, on behalf of the executive branch of the

23 Federal Government.

24 (3) CHESAPEAKE BAY PROGRAM.—The term

25 ‘‘Chesapeake Bay Program’’ means the program di-
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1 rected by the Chesapeake Executive Council in ac2 cordance with the Chesapeake Bay Agreement.

3 (4) CHESAPEAKE BAY WATERSHED.—The term

4 ‘‘Chesapeake Bay watershed’’ shall have such mean5 ing as the Administrator determines appropriate to

6 carry out the objectives of this Act.

7 (5) CHESAPEAKE EXECUTIVE COUNCIL.—The

8 term ‘‘Chesapeake Executive Council’’ means the

9 signatories of the Chesapeake Bay Agreement.

10 (6) PERSON.—The term ‘‘person’’ includes a

11 State or a political subdivision of a State, interstate,

12 or regional agency or entity, or any other public or

13 nonprofit private agency, institution, or organiza14 tion.

15 SEC. 4. MANAGEMENT OF CHESAPEAKE BAY PROGRAM.

16 (a) IN GENERAL.—Section 117 of the Federal Water

17 Pollution Control Act (33 U.S.C. 1267) is amended—

18 (1) by striking subsection (a);

19 (2) by redesignating subsections (b) through (d)

20 as subsections (c) through (e), respectively; and

21 (3) by inserting before subsection (c) (as so re22 designated) the following new subsections:

23 ‘‘(a) DEFINITIONS.—As used in this section:

24 ‘‘(1) CHESAPEAKE BAY AGREEMENT.—The

25 term ‘Chesapeake Bay Agreement’ means the for-
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1 mal, voluntary agreements executed to achieve the

2 goal of restoring and protecting the Chesapeake Bay

3 ecosystem and the living resources of the ecosystem

4 and signed by the Governor of the State of Mary5 land, the Governor of the Commonwealth of Penn6 sylvania, the Governor of the Commonwealth of Vir7 ginia, the mayor of the District of Columbia, the

8 chairman of the tri-State Chesapeake Bay Commis9 sion, and the Administrator, on behalf of the execu10 tive branch of the Federal Government.

11 ‘‘(2) CHESAPEAKE BAY PROGRAM.—The term

12 ‘Chesapeake Bay Program’ means the program di13 rected by the Chesapeake Executive Council in ac14 cordance with the Chesapeake Bay Agreement.

15 ‘‘(3) CHESAPEAKE EXECUTIVE COUNCIL.—The

16 term ‘Chesapeake Executive Council’ means the sig17 natories of the Chesapeake Bay Agreement.

18 ‘‘(b) CONTINUATION OF CHESAPEAKE BAY PRO19 GRAM.—

20 ‘‘(1) IN GENERAL.—In cooperation with the

21 Chesapeake Executive Council and as a member of

22 the Council, the Administrator shall continue the

23 Chesapeake Bay Program.

24 ‘‘(2) PROGRAM OFFICE.—The Administrator

25 shall maintain in the Environmental Protection
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1 Agency a Chesapeake Bay Program Office. The

2 Chesapeake Bay Program Office shall provide sup3 port to the Chesapeake Executive Council—

4 ‘‘(A) by implementing and coordinating

5 science, research, modeling, support services,

6 monitoring, and data collection activities that

7 support the Chesapeake Bay Program;

8 ‘‘(B) by making available, through publica9 tions, technical assistance, and other appro10 priate means, information pertaining to the en11 vironmental quality and living resources of the

12 Chesapeake Bay Program;

13 ‘‘(C) by assisting, in cooperation with ap14 propriate Federal, State, and local authorities,

15 the signatories to the Chesapeake Bay Agree16 ment that participate in the Chesapeake Bay

17 Program in developing and implementing spe18 cific action plans to carry out the responsibil19 ities of the authorities under the Chesapeake

20 Bay Agreement;

21 ‘‘(D) by assisting the Administrator in co22 ordinating the actions of the Environmental

23 Protection Agency with the actions of the ap24 propriate officials of other Federal agencies and
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1 State and local authorities in developing strate2 gies—

3 ‘‘(i) to improve the water quality and

4 living resources of the Bay; and

5 ‘‘(ii) to obtain the support of the ap6 propriate officials of the agencies and au7 thorities in achieving the objectives of the

8 Chesapeake Bay Agreement; and

9 ‘‘(E) by implementing outreach programs

10 for public information, education, and participa11 tion to foster stewardship of the resources of

12 the Chesapeake Bay.’’.

13 (b) INTERAGENCY COOPERATION AND COORDINA14 TION.—

15 (1) IN GENERAL.—There is established a

16 Chesapeake Bay Federal Agencies Committee (here17 inafter in this subsection referred to as the ‘‘Com18 mittee’’).

19 (2) PURPOSES.—The purposes of the Commit20 tee shall be—

21 (A) to facilitate the collaboration, coopera22 tion, and coordination among Federal agencies

23 and programs of Federal agencies in support of

24 the restoration of the Chesapeake Bay;
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1 (B) to ensure the integration of Federal

2 activities relating to the restoration of the

3 Chesapeake Bay with State and local restora4 tion activities and the restoration activities of

5 nongovernmental entities; and

6 (C) to provide a framework for activities

7 that effectively focus the expertise and re8 sources of Federal agencies on problems identi9 fied by the Committee in such manner as to

10 produce demonstrable environmental results

11 and demonstrable improvements in the agency

12 programs.

13 (3) DUTIES OF THE COMMITTEE.—The Com14 mittee shall share information, set priorities, and de15 velop and implement plans, programs, and projects

16 for collaborative activities to carry out the following

17 duties:

18 (A) Reviewing all Federal research, mon19 itoring, regulatory, planning, educational, finan20 cial and technical assistance, and other pro21 grams that the Committee determines to be ap22 propriate, that relate to the maintenance, res23 toration, preservation or enhancement of the

24 environmental quality and natural resources of

25 the Chesapeake Bay.
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1 (B) Reviewing each Federal program ad2 ministered by the head of each participating

3 Federal agency that may influence or contribute

4 to point and nonpoint source pollution and es5 tablish a means for the mitigation of any poten6 tial impacts of the pollution.

7 (C) Developing and implementing an an8 nual and long-range work program that speci9 fies the responsibilities of each Federal agency

10 in meeting commitments and goals of the

11 Chesapeake Bay Agreement.

12 (D) Assessing priority needs and making

13 recommendations to the Chesapeake Executive

14 Council for improved environmental and living

15 resources management of the Chesapeake Bay

16 ecosystem.

17 (4) APPOINTMENT OF MEMBERS.—The mem18 bers of the Committee shall be appointed as follows:

19 (A) At least 1 member who is an employee

20 of the Environmental Protection Agency shall

21 be appointed by the Administrator.

22 (B) At least 1 member who is an employee

23 of the National Oceanic and Atmospheric Ad24 ministration of the Department of Commerce
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1 shall be appointed by the Secretary of Com2 merce.

3 (C) At least 3 members shall be appointed

4 by the Secretary of the Interior, of whom—

5 (i) 1 member shall be an employee of

6 the United States Fish and Wildlife Serv7 ice;

8 (ii) 1 member shall be an employee of

9 the National Park Service; and

10 (iii) 1 member shall be an employee of

11 the United States Geological Survey.

12 (D) At least 4 members shall be appointed

13 by the Secretary of Agriculture, of whom—

14 (i) 1 member shall be an employee of

15 the Soil Conservation Service;

16 (ii) 1 member shall be an employee of

17 the Forest Service;

18 (iii) 1 member shall be an employee of

19 the Agricultural Stabilization and Con20 servation Service; and

21 (iv) 1 member shall be an employee of

22 the Extension Service.

23 (E) At least 3 members shall be appointed

24 by the Secretary of Defense, of whom—
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1 (i) At least 2 members shall be em2 ployees of the United States Army, of

3 whom 1 member shall be an employee of

4 the Army Corps of Engineers; and

5 (ii) 1 member shall be an employee of

6 the United States Navy.

7 (F) At least 1 member who is an employee

8 of the Federal Highway Administration shall be

9 appointed by the Secretary of Transportation.

10 (G) At least 1 member who is an employee

11 of the Coast Guard shall be appointed by the

12 head of the department in which the Coast

13 Guard is operating.

14 (H) At least 1 member shall be appointed

15 by the Secretary of Housing and Urban Devel16 opment.

17 (I) At least 1 member shall be appointed

18 by Board of Regents of the Smithsonian Insti19 tution.

20 (5) CHAIRPERSON.—At the initial meeting of

21 the Committee and biennially thereafter, the Com22 mittee shall select a Chairperson from among the

23 members of the Committee.

24 (6) PROCEDURES.—The Committee may estab25 lish such rules and procedures (including rules and
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1 procedures relating to the internal structure and

2 function of the Committee) as the Committee deter3 mines to be necessary to best fulfill the responsibil4 ities of the Committee.

5 (7) MEETINGS.—The initial meeting of the

6 Committee shall be not later than 60 days after the

7 date of enactment of this Act. Subsequent meetings

8 shall be held on a regular basis at the call of the

9 Chairperson.

10 (c) REPORTS.—Beginning with the submission by the

11 President of the budget of the United States relating to

12 the first fiscal year beginning after the date of enactment

13 of this Act, the head of each Federal agency shall submit

14 to the President a report to be submitted to Congress

15 along with the budget of the United States that identi16 fies—

17 (1) the activities that have been carried out or

18 are being undertaken to carry out the responsibil19 ities of the Federal agency under this section or that

20 are otherwise required under the Chesapeake Bay

21 Program;

22 (2) planned activities to carry out the respon23 sibilities referred to in paragraph (1); and

24 (3) the resources provided by the Federal agen25 cy to meet the responsibilities of the agency under
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1 this section and under the Chesapeake Bay Pro2 gram.

3 SEC. 5. COMPLIANCE BY FEDERAL FACILITIES.

4 (a) IN GENERAL.—

5 (1) IN GENERAL.—Not later than 12 months

6 after the date of enactment of this Act and annually

7 thereafter, the head of each Federal agency that

8 owns or operates a facility (as defined by the Admin9 istrator) within the Chesapeake Bay watershed shall

10 perform an assessment of the facility for the purpose

11 of ensuring consistency and compliance with the

12 commitments, goals, and objectives of the Chesa13 peake Bay Program.

14 (2) ASSESSMENT.—The assessment referred to

15 in paragraph (1) shall identify any existing or poten16 tial impact on the water quality or living resources

17 of the Chesapeake Bay (or both) by the facility, in18 cluding any potential land-use impacts of activities

19 related to new development, man-made obstructions

20 to fish passage, shoreline erosion, and ground water

21 and storm water runoff.

22 (3) STATE PLANS AND PROGRAMS.—To the

23 maximum extent practicable, each Federal agency

24 that owns or occupies real property in the Chesa25 peake Bay watershed shall ensure conformance with
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1 any applicable State plans and programs to protect

2 environmentally sensitive areas in the Chesapeake

3 Bay watershed.

4 (b) REPORT REQUIREMENTS.—As part of each re5 port required under section 4(c), the head of each Federal

6 agency shall include a detailed plan, funding mechanism,

7 and schedule for addressing or mitigating the impacts re8 ferred to in subsection (a).

9 SEC. 6. CHESAPEAKE BAY WATERSHED, TRIBUTARY, AND

10 RIVER BASIN PROGRAM.

11 (a) IN GENERAL.—Not later than 6 months after the

12 date of enactment of this Act, the Administrator, in co13 operation with the Chesapeake Executive Council, the Sec14 retary of Commerce (acting through the Administrator of

15 the National Oceanic and Atmospheric Administration),

16 the Secretary of the Interior (acting through the Director

17 of the United States Fish and Wildlife Service), and the

18 heads of such other Federal agencies as the Administrator

19 determines to be appropriate, shall implement a coordi20 nated research, monitoring, and data collection program—

21 (1) to assess the status of, and trends in, the

22 environmental quality and living resources of the

23 major tributaries, rivers, and streams within the

24 Chesapeake Bay watershed; and
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1 (2) to assist in the development of management

2 plans for the waters referred to in paragraph (1).

3 (b) CONTENTS OF PROGRAM.—The program referred

4 to in subsection (a) shall include—

5 (1) a comprehensive inventory of water quality

6 and living resource data for waters within the

7 Chesapeake Bay watershed;

8 (2) an assessment of major issues and problems

9 concerning water quality in the Chesapeake Bay wa10 tershed, including the extent to which the waters

11 provide for the protection and propagation of a bal12 anced indigenous population of fish, shellfish, and

13 wildlife;

14 (3) a program to identify sources of water pol15 lution within the Chesapeake Bay watershed, includ16 ing a system of accounting for sources of nutrients,

17 and the movement of nutrients, pollutants, and sedi18 ments through the Chesapeake Bay watershed; and

19 (4) the development of a coordinated Chesa20 peake Bay watershed land-use database that incor21 porates resource inventories and analyses—

22 (A) for the evaluation of the effects of dif23 ferent land-use patterns on hydrological cycles,

24 water quality, living resources, and other envi25 ronmental features; and
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1 (B) as an aid to making sound land-use

2 management decisions.

3 (c) MANAGEMENT PLANS.—In a manner consistent

4 with each applicable deadline established by the Chesa5 peake Executive Council, the Administrator, in consulta6 tion with the Council, shall assist each member of the

7 Council in the development and implementation of a man8 agement strategy for each of the major tributaries of the

9 Chesapeake Bay, designed for the achievement of—

10 (1) a reduction, in a manner consistent with the

11 terms of the Chesapeake Bay Agreement, in the

12 quantity of nitrogen and phosphorous entering the

13 main stem Chesapeake Bay; and

14 (2) the water quality requirements necessary to

15 restore living resources in both the tributaries and

16 the main stem of the Chesapeake Bay.

17 (d) ASSISTANCE.—

18 (1) IN GENERAL.—The Administrator, in con19 sultation with the Chesapeake Executive Council, is

20 authorized to provide technical and financial assist21 ance to any State government, interstate entity,

22 local government, or any other public or nonprofit

23 private agency, institution, or organization in the

24 Chesapeake Bay watershed—
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1 (A) to support the research, monitoring,

2 and data collection program under this section;

3 (B) to develop and implement cooperative

4 tributary basin strategies that address the

5 water quality and living resource needs de6 scribed in paragraph (2); and

7 (C) to encourage and coordinate locally

8 based public and private watershed protection

9 and restoration efforts that aid in the develop10 ment and implementation of programs that

11 complement the tributary basin strategies devel12 oped by the Chesapeake Executive Council.

13 (2) GRANTS.—

14 (A) IN GENERAL.—In providing financial

15 assistance pursuant to paragraph (1), the Ad16 ministrator may carry out a grant program.

17 Under the grant program, the Administrator

18 may award a grant to any person (including the

19 government of a State) who submits an applica20 tion that is approved by the Administrator.

21 (B) FEDERAL SHARE.—A grant awarded

22 under this subsection for a fiscal year shall—

23 (i) not exceed an amount equal to 75

24 percent of the total annual cost of carrying
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1 out the activities that are the subject of

2 the grant; and

3 (ii) be awarded on the condition that

4 the non-Federal share of the costs of the

5 activities that are the subject of the grant

6 is paid from non-Federal sources.

7 (C) WATERSHED PROTECTION AND RES8 TORATION.—As part of the grant program au9 thorized under this paragraph, the Adminis10 trator may award a grant to a member of the

11 Council to implement a program referred to in

12 paragraph (1)(C).

13 (3) PRIORITIZATION.—In carrying out the tech14 nical and financial assistance program under this

15 subsection, the Administrator shall give priority to

16 proposals that facilitate the participation of local

17 governments and entities of the private sector in ef18 forts to improve water quality and the productivity

19 of living resources of rivers and streams in the

20 Chesapeake Bay watershed.

21 (4) COORDINATION WITH OTHER FEDERAL

22 PROGRAMS.—The Administrator shall ensure that

23 assistance made available under this subsection—

24 (A) is consistent with the requirements of

25 other Federal financial assistance programs;
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1 (B) is provided in coordination with the

2 programs referred to in subparagraph (A); and

3 (C) furthers the objectives of the Chesa4 peake Bay Program.

5 SEC. 7. HABITAT RESTORATION AND ENHANCEMENT DEM6 ONSTRATION PROGRAM.

7 (a) IN GENERAL.—

8 (1) HABITAT RESTORATION AND DESIGN PRO9 GRAM.—The Administrator, in cooperation with the

10 officials listed in paragraph (2), shall establish a

11 habitat restoration and design program in the

12 Chesapeake Bay watershed for the purpose of devel13 oping and demonstrating low-cost techniques for re14 storing or enhancing wetlands, forest riparian zones,

15 and other types of habitat associated with the

16 Chesapeake Bay and the tributaries of the Chesa17 peake Bay. Such program may be carried out by the

18 Administrator or through the provision of assistance

19 under subsection (e), or both.

20 (2) GOVERNMENTAL OFFICIALS.—The officials

21 the Administrator is to cooperate with under this

22 subsection are—

23 (A) the Secretary of the Interior, acting

24 through the Director of the United States Fish

25 and Wildlife Service;
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1 (B) the Secretary of Commerce, acting

2 through the Administrator of the National Oce3 anic and Atmospheric Administration;

4 (C) the Secretary of Defense, acting

5 through the Assistant Secretary of the Army

6 for Civil Works;

7 (D) the Secretary of Agriculture, acting

8 through the Chief of the Forest Service; and

9 (E) the heads of such other Federal agen10 cies and departments and agencies of a State or

11 political subdivision of a State as the Adminis12 trator determines to be appropriate.

13 (b) CRITERIA FOR IDENTIFICATION OF AREAS OF

14 SPECIAL CONCERN.—Not later than 1 year after the date

15 of enactment of this Act, the Administrator, in consulta16 tion with the Chesapeake Executive Council, shall develop

17 criteria to identify areas of special concern, including—

18 (1) unique, significant, or representative habitat

19 types;

20 (2) areas that are subject to, or threatened by,

21 habitat loss or habitat degradation (or both) attrib22 utable to human or natural causes; and

23 (3) areas inhabited by endangered, threatened,

24 rare species, neotropical migratory birds, or species
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1 that have a unique function within the Chesapeake

2 Bay ecosystem.

3 (c) PLAN.—Not later than 2 years after the date of

4 enactment of this Act, the Administrator, in consultation

5 with the Chesapeake Executive Council, shall develop a

6 plan for the protection and conservation of wetlands, con7 tiguous riparian forests, and other habitats within the

8 Chesapeake Bay watershed.

9 (d) DUTIES OF THE ADMINISTRATOR.—In carrying

10 out the demonstration program under this section, the Ad11 ministrator, in consultation with the Chesapeake Execu12 tive Council, shall—

13 (1) identify opportunities for the restoration

14 and mitigation of major habitat resources in the

15 Chesapeake Bay watershed;

16 (2) characterize the historical importance of the

17 habitat resources identified pursuant to paragraph

18 (1) to the health and functioning of the Chesapeake

19 Bay ecosystem;

20 (3) conduct a prerestoration characterization

21 assessment of each habitat resource identified pursu22 ant to paragraph (1) to evaluate with respect to the

23 habitat resource—

24 (A) the potential effectiveness of a restora25 tion effort;
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1 (B) mitigation options; and

2 (C) the cost-effectiveness of each effort or

3 option referred to in subparagraphs (A) and

4 (B);

5 (4) consider the degree to which reconstructed

6 and enhanced habitats may—

7 (A) mitigate the effects of nutrient loading

8 caused by nonpoint source pollution from devel9 oped areas and agricultural activities;

10 (B) reduce erosion and mitigate flood dam11 age; and

12 (C) assist in the protection or recovery of

13 living resources;

14 (5) ensure coordination with all existing man15 agement, regulatory, and incentive programs;

16 (6) to accomplish the purposes of the dem17 onstration program under this section, test materials

18 and techniques for restoration and enhancement, in19 cluding dredge material, submerged aquatic vegeta20 tion plantings, breakwaters, forest buffer strips, and

21 artificial wetlands;

22 (7) monitor and evaluate the effectiveness of

23 the demonstration projects;

24 (8) establish and maintain a central clearing25 house to facilitate access to information related to
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1 habitat of the Chesapeake Bay watershed, including

2 information relating to—

3 (A) habitat—

4 (i) location;

5 (ii) type;

6 (iii) acreage;

7 (iv) function;

8 (v) condition and status; and

9 (vi) restoration and design techniques;

10 and

11 (B) trends related to the information re12 ferred to in subparagraph (A); and

13 (9) develop and carry out educational programs

14 (including training programs), research programs,

15 and programs for technical assistance to assist in

16 the efforts of State and local governments and pri17 vate citizens related to habitat restoration and en18 hancement, including efforts for habitat—

19 (A) identification;

20 (B) delineation;

21 (C) mapping;

22 (D) functional assessment and mitigation;

23 and

24 (E) restoration or creation practices.

25 (e) ASSISTANCE.—
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1 (1) IN GENERAL.—In carrying out the dem2 onstration program under this section, the Adminis3 trator is authorized to provide, in cooperation with

4 the Chesapeake Executive Council, technical assist5 ance and financial assistance in the form of a grant

6 to any State government, interstate entity, local gov7 ernment, or any other public or nonprofit private

8 agency that submits an approved application.

9 (2) FEDERAL SHARE.—The Federal share of

10 any project conducted under this section shall be—

11 (A) 100 percent of the cost of the project

12 if the project is conducted on land owned or

13 leased by the Federal Government; and

14 (B) 75 percent of the cost of the project if

15 the project is conducted on land that is not

16 owned or leased by the Federal Government.

17 (f) HABITAT PROTECTION AND RESTORATION

18 PROGRESS ASSESSMENT.—Not later than 3 years after

19 the date of enactment of this Act and biennially thereafter,

20 the Administrator shall submit a report to Congress con21 cerning the results of the demonstration projects con22 ducted under the habitat restoration and design program

23 described in subsection (a). The report shall also include

24 a summary of scientific information concerning habitat

25 restoration and protection in existence at the time of prep-
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1 aration of the report, and a description of methods, proce2 dures, and processes to assist State and local governments

3 and other interested entities in carrying out activities for

4 the protection and restoration of wetlands, contiguous ri5 parian forests, and other types of critical habitat that the

6 Administrator determines to be appropriate.

7 SEC. 8. BASINWIDE TOXICS REDUCTION.

8 (a) IN GENERAL.—The Administrator, in cooperation

9 with the Chesapeake Executive Council, shall implement

10 a comprehensive basinwide toxics reduction strategy (here11 inafter in this section referred to as the ‘‘Basinwide Toxics

12 Reduction Strategy’’) that, with respect to the reduction

13 of inputs of toxic pollutants to the Chesapeake Bay and

14 the tributaries of the Bay—

15 (1) establishes basinwide objectives; and

16 (2) describes actions that are necessary to

17 achieve a multijurisdictional approach to the reduc18 tion of the inputs.

19 (b) RESEARCH AND MONITORING.—

20 (1) IN GENERAL.—The Administrator shall un21 dertake such research and monitoring activities as

22 the Administrator determines to be necessary for the

23 improvement of the understanding of intermedia

24 transfers of toxic pollutants and the ultimate fate of

25 the pollutants within the Chesapeake Bay ecosystem.
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1 (2) REASSESSMENT OR REVISION.—The Admin2 istrator shall—

3 (A) take into account the results of the re4 search and analysis referred to in paragraph

5 (1) in any reassessment of the Basinwide

6 Toxics Reduction Strategy; and

7 (B) incorporate the results in any related

8 revision of the Basinwide Toxics Reduction

9 Strategy.

10 (c) FINANCIAL ASSISTANCE.—

11 (1) IN GENERAL.—The Administrator, in co12 operation with the Chesapeake Executive Council,

13 shall provide such financial and technical assistance

14 as the Administrator determines to be necessary—

15 (A) to develop, by not later than 1 year

16 after the date of enactment of this Act, a proc17 ess to assist members of the Council—

18 (i) with improving the identification of

19 the sources and transport mechanisms of

20 toxic pollutant loadings to the Chesapeake

21 Bay and the tributaries of the Bay from

22 point and nonpoint sources; and

23 (ii) with the periodic integration, in a

24 consistent format and manner, of the in25 formation obtained pursuant to clause (i)
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1 into a toxics loading inventory for the

2 Chesapeake Bay maintained pursuant to

3 the Chesapeake Bay Program (hereinafter

4 in this section referred to as the ‘‘Chesa5 peake Bay Program Toxics Loading Inven6 tory’’); and

7 (B) to commence, by not later than 2 years

8 after the date of enactment of this Act, the im9 plementation of toxics reduction, pollution pre10 vention, and management actions designed to

11 achieve the toxics reduction goals of the Chesa12 peake Bay Agreement.

13 (2) ACTIONS.—The toxics reduction, pollution

14 prevention, and management actions referred to in

15 paragraph (1)(B) shall—

16 (A) be based upon the findings and rec17 ommendations of a reevaluation of the

18 Basinwide Toxics Reduction Strategy; and

19 (B) include targeted demonstration

20 projects designed to reduce the level of toxic

21 pollutant loadings from major sources identified

22 in the Chesapeake Bay Program Toxics Load23 ing Inventory.
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1 SEC. 9. STUDY OF CHESAPEAKE BAY PROGRAM.

2 Not later than January 1, 1996, the Administrator,

3 in cooperation with the Chesapeake Bay Executive Coun4 cil, shall complete a study and submit a comprehensive

5 report to Congress on the results of the study. The study

6 and report shall, at a minimum—

7 (1) evaluate the implementation of the Chesa8 peake Bay Agreement, including activities of the

9 Federal Government and State and local govern10 ments;

11 (2) determine whether Federal environmental

12 programs and other activities adequately address the

13 priority needs identified in the Chesapeake Bay

14 Agreement;

15 (3) assess the priority needs required by the

16 Chesapeake Bay Program management strategies

17 and how the priorities are being met; and

18 (4) make recommendations for the improved

19 management of the Chesapeake Bay Program.

20 SEC. 10. AUTHORIZATIONS.

21 (a) FEDERAL WATER POLLUTION CONTROL ACT.—

22 (1) PROGRAM OFFICE.—Section 117(d)(1) of

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

24 1267(d)(1)) is amended by striking ‘‘ 1987, 1988,

25 1989, and 1990’’ and inserting ‘‘1987 through

26 1999’’.
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1 (2) OTHER AUTHORIZATION.—Section

2 117(d)(2) of the Federal Water Pollution Control

3 Act (33 U.S.C. 1267(d)(2)) is amended by striking

4 ‘‘1987, 1988, 1989, and 1990’’ and inserting ‘‘1987

5 through 1999’’.

6 (b) ADDITIONAL AUTHORIZATION.—There are au7 thorized to be appropriated to the Environmental Protec8 tion Agency to carry out activities under this Act that are

9 not funded under section 117 of the Federal Water Pollu10 tion Control Act (33 U.S.C. 1267)—

11 (1) $10,000,000 for fiscal year 1994;

12 (2) $11,000,000 for fiscal year 1995;

13 (3) $12,000,000 for fiscal year 1996;

14 (4) $13,000,000 for fiscal year 1997;

15 (5) $14,000,000 for fiscal year 1998; and

16 (6) $15,000,000 for fiscal year 1999.

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