I

103D CONGRESS

1ST SESSION H. R. 1720

To amend the Federal Water Pollution Control Act to provide special funding

to States for implementation of national estuary conservation and management plans, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

APRIL 19, 1993

Mrs. LOWEY (for herself, Ms. DELAURO, Mr. SHAYS, Mr. BONIOR, Mr.

BROWN of California, Mr. CONYERS, Mr. WAXMAN, Mrs. KENNELLY, Ms.

PELOSI, Mr. MANTON, Mr. GEJDENSON, Mr. MILLER of California, Mr.

HOCHBRUECKNER, Mr. MCDERMOTT, Mr. MACHTLEY, Mr. LAUGHLIN,

Mr. FROST, Mr. OWENS, Mr. TOWNS, Mrs. MALONEY, Miss COLLINS of

Michigan, Mr. DELLUMS, Mr. WELDON, Mr. BACCHUS of Florida, Mr.

MARTINEZ, Mr. BERMAN, Mr. RAVENEL, Mr. HASTINGS, Mr.

BLACKWELL, Ms. FURSE, Mr. TORRES, Mr. ANDREWS of Maine, Mr.

PAYNE of New Jersey, Mr. ACKERMAN, Mr. HINCHEY, Ms. NORTON, Mr.

SANDERS, Mr. KREIDLER, Ms. ESHOO, Mr. BEILENSON, Mr. ENGEL, Mr.

MARKEY, Mrs. JOHNSON of Connecticut, Mr. NADLER, Mr.

FALEOMAVAEGA, Ms. HARMAN, Ms. WATERS, Mr. DICKS, Mr. SERRANO,

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

to the Committees on Merchant Marine and Fisheries and Public Works

and Transportation

A BILL

To amend the Federal Water Pollution Control Act to provide special funding to States for implementation of national estuary conservation and management plans, and

for other purposes.

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

2 This Act may be cited as the ‘‘DeLauro-Lowey Water

3 Pollution Control and Estuary Restoration Act’’.

4 SEC. 2. FINDINGS AND PURPOSES.

5 (a) FINDINGS.—The Congress finds the following:

6 (1) The Nation’s estuaries are a vital natural

7 resource to which many regional economies are

8 closely tied.

9 (2) Many of the Nation’s estuaries are under a

10 severe threat from point source pollution and pol11 luted run-off (nonpoint source pollution) and from

12 habitat alteration and destruction.

13 (3) Only through expanded investments in

14 waste water treatment and other water and sediment

15 pollution control and prevention efforts can the envi16 ronmental and economic values of the Nation’s estu17 aries be restored and protected.

18 (4) The National Estuary Program created

19 under the Federal Water Pollution Control Act has

20 significantly advanced the Nation’s understanding of

21 the declining condition of the Nation’s estuaries.

22 (5) The National Estuary Program has also

23 provided precise information about the corrective

24 and preventative measures required to reverse the

25 degradation of water and sediment quality and to
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1 halt the alteration and destruction of vital habitat in

2 the Nation’s estuaries.

3 (6) The level of funding available to States, mu4 nicipalities, and the Environmental Protection Agen5 cy for implementation of approved conservation and

6 management plans is inadequate, and additional fi7 nancial resources must be provided.

8 (7) Funding for implementation of approved

9 conservation and management plans should be pro10 vided under the State revolving loan fund authorized

11 in title VI of the Federal Water Pollution Control

12 Act.

13 (8) Authorization levels for State revolving loan

14 fund capitalization grants should be increased by an

15 amount necessary to ensure the achievement of the

16 goals of the Federal Water Pollution Control Act.

17 (b) PURPOSES.—The purposes of this Act are—

18 (1) to expand and strengthen efforts to combat

19 the serious and growing water and sediment quality

20 problems in estuaries of national significance identi21 fied under the Federal Water Pollution Control Act;

22 (2) to provide significant levels of Federal as23 sistance to States and municipalities seeking to im24 plement comprehensive conservation and manage25 ment plans for those estuaries;
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1 (3) to reauthorize section 320 of the Federal

2 Water Pollution Control Act in order to improve the

3 development and implementation of comprehensive

4 conservation and management plans for those estu5 aries; and

6 (4) to extend and increase Federal support for

7 the State water pollution control revolving fund pro8 gram in order to address various water and sediment

9 quality problems in the waters of the United States.

10 SEC. 3. EXTENSION OF WATER POLLUTION CONTROL RE11 VOLVING LOAN FUND PROGRAM.

12 (a) ALLOTMENT FORMULA.—Section 604(a) of the

13 Federal Water Pollution Control Act (33 U.S.C. 1383(a))

14 is amended—

15 (1) by striking ‘‘Sums authorized’’ and insert16 ing ‘‘Except as provided in section 608, sums au17 thorized’’; and

18 (2) by striking ‘‘and 1990’’ and inserting

19 ‘‘through 1999’’.

20 (b) FUNDING.—Section 607 of such Act (33 U.S.C.

21 1387) is amended by striking ‘‘the following sums:’’ and

22 all that follows through the end of the section and insert23 ing the following: ‘‘$4,000,000,000 for each of the fiscal

24 years 1994 and 1995, and $5,000,000,000 for each of the

25 fiscal years 1996, 1997, 1998, 1999, and 2000.’’.
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1 SEC. 4. FUNDING FOR IMPLEMENTATION OF ESTUARY CON2 SERVATION AND MANAGEMENT PLANS.

3 Title VI of the Federal Water Pollution Control Act

4 (33 U.S.C. 1381 et seq.) is amended by adding at the end

5 the following:

6 ‘‘SEC. 608. CAPITALIZATION GRANTS TO STATES FOR IM7 PLEMENTING ESTUARY CONSERVATION AND

8 MANAGEMENT PLANS.

9 ‘‘(a) SET-ASIDE FOR IMPLEMENTING APPROVED

10 PLANS.—

11 ‘‘(1) SET-ASIDE.—

12 ‘‘(A) IN GENERAL.—Of amounts appro13 priated under the authority of section 607 for

14 each fiscal year, the applicable percentage

15 under subparagraph (B) shall be used by the

16 Administrator to make capitalization grants

17 under this title to qualified States.

18 ‘‘(B) PERCENTAGE.—For purposes of sub19 section (A), the applicable percentage is—

20 ‘‘(i) 2.5 percent for fiscal year 1994;

21 ‘‘(ii) 5 percent for fiscal year 1995;

22 ‘‘(iii) 7.5 percent for fiscal year 1996;

23 ‘‘(iv) 10 percent for fiscal year 1997;

24 ‘‘(v) 12.5 percent for fiscal year 1998;

25 ‘‘(vi) 15 percent for fiscal year 1999;

26 and
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1 ‘‘(vii) 15 percent for fiscal year 2000.

2 ‘‘(2) ALLOCATION.—Of amounts required under

3 paragraph (1) to be used for grants to qualified

4 States for a fiscal year, the Administrator shall allo5 cate to each qualified State an amount equal to—

6 ‘‘(A) the total amounts required under

7 paragraph (1) to be used for such grants for

8 that fiscal year, multiplied by

9 ‘‘(B) the percentage specified by the Ad10 ministrator for the fiscal year for that State

11 under paragraph (3)(B).

12 ‘‘(3) DETERMINATION OF STATE NEEDS.—Not

13 later than 120 days after the date on which all

14 qualified States have submitted under paragraph

15 (4)(A) estimates of the needs of the States for finan16 cial assistance for a fiscal year, the Administrator

17 shall—

18 ‘‘(A) determine the needs of each qualified

19 State for financing implementation of approved

20 estuary plans in the fiscal year, based on those

21 State estimates; and

22 ‘‘(B) submit to the Congress a report de23 scribing those needs for all qualified States, in24 cluding specifying for each qualified State a

25 percentage for purposes of paragraph (2)(B)
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1 representing such needs of the qualified State

2 relative to such needs of all qualified States.

3 ‘‘(4) STATE ESTIMATE OF NEEDS.—

4 ‘‘(A) SUBMISSION.—Not later than July 1

5 of each year, each qualified State shall submit

6 to the Administrator an estimate of the needs

7 of the State for financial assistance for imple8 menting, monitoring, and enforcing approved

9 estuary plans in the next fiscal year. Such esti10 mates may be included in a qualified State’s in11 tended use plan under section 606(c), and shall

12 maximize economical planning, design, and con13 struction.

14 ‘‘(B) CONSULTATION.—In preparing an es15 timate of needs under this paragraph, a quali16 fied State shall consult with each management

17 conference that is implementing an approved

18 estuary plan under section 320 and of which

19 the State is a member.

20 ‘‘(C) APPROVAL REQUIRED.—A qualified

21 State may not submit an estimate of need

22 under this paragraph unless the estimate is ap23 proved by each management conference under

24 section 320 that is implementing an approved
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1 estuary plan and of which the State is a

2 member.

3 ‘‘(5) FAILURE TO SUBMIT ESTIMATE.—A quali4 fied State which does not submit an estimate for a

5 fiscal year in accordance with paragraph (4) shall

6 not be eligible for any allocation under paragraph

7 (2) for that fiscal year.

8 ‘‘(b) SEPARATE ACCOUNT.—

9 ‘‘(1) ESTABLISHMENT OF ACCOUNT.—A quali10 fied State shall establish a separate account in its

11 water pollution control revolving fund established

12 under this title, which shall be known as an ‘Estuary

13 Account’. Amounts of grants to a qualified State

14 under subsection (a) shall be deposited into the

15 Estuary Account established by the State.

16 ‘‘(2) USE.—A qualified State may use amounts

17 in its Estuary Account only for providing assistance

18 for the purpose of implementing approved estuary

19 plans that apply to the State.

20 ‘‘(c) TYPES OF ASSISTANCE.—

21 ‘‘(1) IN GENERAL.—Except as otherwise pro22 vided by State law and subject to paragraph (2),

23 amounts in the Estuary Account of a qualified State

24 may be used only for providing the types of assist25 ance described in section 603(d).
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1 ‘‘(2) SPECIAL RULES.—

2 ‘‘(A) EXTENDED AMORTIZATION PE3 RIOD.—Notwithstanding section 603(d)(1)(A),

4 a loan made by a qualified State with amounts

5 in the Estuary Account of the State may be for

6 a term of not to exceed 40 years or the useful

7 life of any facility constructed with the loan,

8 whichever is less, if the borrower demonstrates

9 to the State that the borrower is experiencing

10 financial hardship.

11 ‘‘(B) PRINCIPAL SUBSIDIES.—In addition

12 to the types of assistance authorized by section

13 603(d), a qualified State may use amounts of

14 interest earned on amounts in its Estuary Ac15 count to subsidize up to 90 percent of the prin16 cipal portion of the amount of debt service of

17 an entity referred to in section 603(c)(1) that,

18 notwithstanding the availability of interest free

19 loans under section 603(d)(1)(A) and extended

20 amortization under paragraph (1), the State de21 termines is financially unable to carry out a

22 project that is necessary for the implementation

23 of an approved estuary plan.

24 ‘‘(d) STATE MATCHING.—Notwithstanding section

25 602(b)(2), a qualified State shall deposit into its Estuary
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1 Account an amount from State funds equal to at least 15

2 percent of amounts deposited into the account in the form

3 of capitalization grants to the State under this section.

4 ‘‘(e) DEFINITIONS.—In this section:

5 ‘‘(1) APPROVED ESTUARY PLAN.—The term

6 ‘approved estuary plan’ means a comprehensive con7 servation and management plan approved by the

8 Administrator under section 320(h).

9 ‘‘(2) ESTUARY ACCOUNT.—The term ‘Estuary

10 Account’ means a separate account established by a

11 qualified State under subsection (b) in its water pol12 lution control revolving fund.

13 ‘‘(3) QUALIFIED STATE.—The term ‘qualified

14 State’ means a State that—

15 ‘‘(A) is subject to an approved estuary

16 plan;

17 ‘‘(B) has established an estuary account in

18 accordance with subsection (b); and

19 ‘‘(C) has fulfilled its responsibilities under

20 section 320 with respect to each management

21 conference under that section of which it is a

22 member.’’.
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1 SEC. 5. DISCRETIONARY GRANTS FOR IMPLEMENTATION

2 OF ESTUARY CONSERVATION AND MANAGE3 MENT PLANS.

4 (a) IN GENERAL.—Section 320 of the Federal Water

5 Pollution Control Act (33 U.S.C. 1330) is amended by re6 designating subsection (k) as subsection (l) and by insert7 ing after subsection (j) the following new subsection:

8 ‘‘(k) GRANTS FOR IMPLEMENTATION OF CONSERVA9 TION AND MANAGEMENT PLANS.—

10 ‘‘(1) IN GENERAL.—The Administrator shall

11 make grants to State, interstate, and regional water

12 pollution control agencies and entities, State coastal

13 zone management agencies, interstate agencies,

14 other public or nonprofit agencies, institutions, orga15 nizations, Indian tribes, and individuals for imple16 mentation of conservation and management plans

17 approved under this section.

18 ‘‘(2) PURPOSES.—Grants under this subsection,

19 shall be made to assist in aspects of implementation

20 of such plans which involve innovative technology,

21 research and development, education, pollution pre22 vention, comprehensive land use planning, and other

23 activities not generally funded by the State under

24 this title.

25 ‘‘(3) FEDERAL SHARE.—The amount of grants

26 to any person (including a State, interstate, or re-
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1 gional agency or entity) under this subsection for a

2 fiscal year shall not exceed 75 percent of the cost of

3 implementation of such plans.

4 ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.—

5 There is authorized to be appropriated to the Ad6 ministrator to carry out this subsection not to ex7 ceed $50,000,000 per fiscal year for each of fiscal

8 years 1994 through 2000.’’.

9 (b) FUNDING FOR INTERIM ACTIONS.—Section

10 320(g)(2) of such Act (33 U.S.C. 1330(g)(2)) is amended

11 by inserting before the period the following: ‘‘, and for ap12 propriate interim actions that are adopted by the manage13 ment conference and approved in accordance with sub14 section (h) to protect the water and sediment quality of

15 the estuary that is the subject of such a plan’’.

16 (c) GRANT REPORTING.—Section 320(h) of such Act

17 (33 U.S.C. 1330(h)) is amended by striking ‘‘subsection

18 (g)’’ and inserting ‘‘subsection (i) and that receives a

19 grant under subsection (m)’’.

20 (d) CONFORMING AMENDMENT.—Section 320(g) of

21 such Act (33 U.S.C. 1330(g)) is amended by inserting

22 ‘‘DEVELOPMENT’’ before ‘‘GRANTS.—’’.
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1 SEC. 6. EXTENSION OF CONSERVATION AND MANAGEMENT

2 PLAN DEVELOPMENT GRANT PROGRAM.

3 Section 320(i) of the Federal Water Pollution Control

4 Act (33 U.S.C. 1330(i)) is amended—

5 (1) by inserting ‘‘and $28,000,000 per fiscal

6 year for each of fiscal years 1992 through 2000’’

7 after ‘‘and 1991’’; and

8 (2) by inserting ‘‘for fiscal years 1987 through

9 1991, and $8,000,000 per fiscal year of the sums

10 authorized to be appropriated under this subsection

11 for fiscal years 1992 through 2000,’’ before ‘‘to the

12 Administrator of the National’’.

13 SEC. 7. NATIONAL ESTUARY PROGRAM IMPROVEMENT.

14 (a) MANAGEMENT PLANS.—Section 320(b) of the

15 Federal Water Pollution Control Act (33 U.S.C. 1330(b))

16 is amended—

17 (1) by striking the matter preceding paragraph

18 (1) and inserting the following:

19 ‘‘(b) PURPOSES OF CONFERENCE.—The purpose of

20 any management conference convened with respect to an

21 estuary under this section shall be to ensure, through a

22 comprehensive planning process, full coordination and full

23 implementation of the requirements of sections 303,

24 304(l), 305(b), 319, 402 and 404 of this Act and the

25 Coastal Zone Management Act of 1972, and to identify,

26 plan, and ensure implementation of additional measures
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1 necessary to achieve compliance with water quality stand2 ards and to protect existing and designated uses of coastal

3 waters. To achieve these purposes a management con4 ference shall:’’;

5 (2) by redesignating paragraphs (1) through

6 (7) in order as paragraphs (2), (3), (4), (6), (8),

7 (10), and (11);

8 (3) by inserting before paragraph (2), as so re9 designated, the following new paragraph:

10 ‘‘(1) conduct within one year after the conven11 ing of the conference a literature survey to identify

12 existing information on the environmental health of

13 the estuary;’’;

14 (4) by inserting after paragraph (4), as so re15 designated, the following:

16 ‘‘(5) identify within 3 years after the convening

17 of the conference the major environmental problems

18 and priorities that the comprehensive conservation

19 and management plan will address;’’;

20 (5) in paragraph (6), as so redesignated, by in21 serting ‘‘, within 5 years after the date on which the

22 management conference is convened and in accord23 ance with the applicable guidance document pub24 lished under subsection (e),’’ after ‘‘plan’’;
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1 (6) in paragraph (6), as so redesignated, by in2 serting ‘‘(including policies enforceable under State

3 law)’’ after ‘‘actions’’;

4 (7) by inserting after paragraph (6), as so re5 designated, the following:

6 ‘‘(7) submit to the Administrator in the first

7 year following the convening of the conference, an

8 initial 5-year budget for the development of the con9 servation and management plan, and revise such

10 budget on an annual basis;’’;

11 (8) by inserting after paragraph (8), as so re12 designated, the following:

13 ‘‘(9) conduct an analysis, within 3 years after

14 the convening of the conference, of any changes to

15 State statutory authority that will be required to im16 plement the conservation and management plan, and

17 update such analysis on an annual basis there18 after;’’;

19 (9) in paragraph (10), as so redesignated, by

20 striking ‘‘and’’ after the semicolon;

21 (10) in paragraph (11), as so redesignated, by

22 striking the period and inserting a semicolon;

23 (11) by inserting after paragraph (11), as so

24 redesignated, the following:
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1 ‘‘(12) identify all Federal activities (including

2 development projects, financial assistance programs,

3 and licensing and permitting activities) that may af4 fect the requirements and objectives of the conserva5 tion and management plan developed under this sec6 tion, and ensure the coordinated implementation of

7 the plan with respect to those activities;

8 ‘‘(13) identify all pollutants and water bodies

9 for which development of maximum daily loads are

10 necessary pursuant to section 303, and establish a

11 schedule whereby all such total maximum daily loads

12 and wasteload and load allocations shall be com13 pleted within 5 years of approval of a conservation

14 and management plan pursuant to this section;

15 ‘‘(14) ensure that all permits issued under sec16 tion 402 are current for significant dischargers with17 in an estuary subject to a conservation and manage18 ment plan, and that, if multiple dischargers affect a

19 single segment of such estuary, the dischargers are

20 placed on simultaneous permit issuance schedules to

21 allow for efficient wasteload allocation;

22 ‘‘(15) ensure that if an estuary subject to a

23 conservation and management plan is affected by

24 combined sewer overflows, development and imple25 mentation of a combined sewer overflow abatement
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1 plan is included in the conservation and manage2 ment plan; and

3 ‘‘(16) identify portions of the conservation and

4 management plan developed under this section which

5 should be included in a State coastal zone manage6 ment program approved under section 306(c) of the

7 Coastal Zone Management Act of 1972 and make

8 appropriate recommendations to the Governor and

9 the Under Secretary for that inclusion.’’; and

10 (12) in the matter following paragraph (15) (as

11 such paragraph is added by this subsection) by

12 striking ‘‘paragraph (7)’’ and inserting ‘‘paragraph

13 (10)’’.

14 (b) FISHERIES AND WILDLIFE.—

15 (1) MEMBERS OF CONFERENCE.—Section

16 320(c) of the Federal Water Pollution Control Act

17 (33 U.S.C. 1330(c)) is amended—

18 (A) in paragraph (3) by inserting ‘‘includ19 ing those Federal agencies with responsibility

20 for conserving and protecting living resources

21 including fish, shellfish, and wildlife,’’ after

22 ‘‘Federal agency,’’; and

23 (B) in paragraph (5) by inserting ‘‘includ24 ing the agricultural industry,’’ after ‘‘indus25 tries,’’.
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1 (2) RESEARCH.—Section 320(j)(2) of the Fed2 eral Water Pollution Control Act (33 U.S.C.

3 1330(j)(2)) is amended by inserting ‘‘and the Direc4 tor of the United States Fish and Wildlife Service’’

5 after ‘‘Administration’’.

6 (c) PARTICIPATION OF MUNICIPALITIES.—Section

7 320(c)(4) of the Federal Water Pollution Control Act (33

8 U.S.C. 1330(c)(4)) is amended by striking ‘‘local govern9 ments’’ and inserting ‘‘municipalities’’.

10 (d) PARTICIPATION OF ENVIRONMENTAL ORGANIZA11 TIONS.—Section 320(c)(5) of the Federal Water Pollution

12 Control Act (33 U.S.C. 1330(c)(5)) is amended by insert13 ing ‘‘, including environmental organizations’’ after ‘‘the

14 general public’’.

15 (e) DUTIES OF MEMBERS OF CONFERENCE.—Sec16 tion 320 of the Federal Water Pollution Control Act (33

17 U.S.C. 1330) is amended—

18 (1) by redesignating subsection (d) through (l)

19 in order as subsection (f), (g), (h), (i), (j), (k), (l),

20 (m), and (n); and

21 (2) by inserting after subsection (c) the follow22 ing:

23 ‘‘(d) DUTIES OF MEMBERS.—

24 ‘‘(1) ADMINISTRATOR.—
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1 ‘‘(A) IN GENERAL.—The Administrator

2 shall provide necessary levels of funding and

3 staff resources to carry out the functions of the

4 Administrator related to the development, ap5 proval, implementation, and monitoring of a

6 conservation and management plan under this

7 section and of approved interim measures.

8 ‘‘(B) ANALYSIS OF FEDERAL NEEDS.—Not

9 later than 120 days after the date of the enact10 ment of this subsection, the Comptroller Gen11 eral of the United States shall submit to the

12 Congress and to the Administrator an analysis

13 of the needs of the Environmental Protection

14 Agency for additional personnel and administra15 tive resources necessary to fully carry out its

16 duties under this section. Such analysis shall

17 include recommendations regarding necessary

18 additional authorizations and appropriations.

19 ‘‘(C) POLICY AND TECHNICAL LIAISON.—

20 The Administrator or his or her designee shall,

21 among other functions performed with respect

22 to management conferences, serve as policy and

23 technical liaison for all participants in manage24 ment conferences.
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1 ‘‘(2) UNDER SECRETARY.—The Under Sec2 retary of Commerce for Oceans and Atmosphere

3 shall provide the necessary levels of funding and

4 staff resources to carry out the functions of the

5 Under Secretary under this section, and shall coordi6 nate the activities of the Under Secretary with each

7 management conference convened under this section.

8 ‘‘(e) GUIDANCE DOCUMENT.—

9 ‘‘(1) IN GENERAL.—Not later than 9 months

10 after the date of the enactment of this subsection,

11 the Administrator shall issue a guidance document

12 which establishes requirements for—

13 ‘‘(A) management conferences to follow in

14 developing, approving, implementing, and mon15 itoring conservation and management plans;

16 and

17 ‘‘(B) approving and implementing interim

18 actions to protect the water quality of the estu19 ary for which a conservation and management

20 plan is developed.

21 ‘‘(2) PUBLICATION OF PROPOSED DOCU22 MENT.—The Administrator shall publish a proposed

23 guidance document under this subsection by not

24 later than 6 months after the date of the enactment

25 of this subsection.’’.
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1 (f) MANAGEMENT CONFERENCES.—Section 320(g)

2 of the Federal Water Pollution Control Act, as redesig3 nated by subsection (c)(1), is amended to read as follows:

4 ‘‘(g) PERIOD OF CONFERENCE.—A management con5 ference convened under this section shall be convened for

6 a period of at least 5 years. Upon approval of a plan under

7 subsection (h), the Administrator shall, for purposes of

8 implementing the plan, extend a conference for an addi9 tional 5 years if the affected Governor or Governors con10 cur in the extension and the extension is necessary to meet

11 the requirements of this section and section 608.’’.

12 (g) APPROVAL AND IMPLEMENTATION OF CONSERVA13 TION AND MANAGEMENT PLANS; PUBLIC REVIEW AND

14 COMMENT.—Section 320(h) of the Federal Water Pollu15 tion Control Act, as redesignated by subsection (c)(1), is

16 amended to read as follows:

17 ‘‘(h) APPROVAL AND IMPLEMENTATION OF PLANS

18 AND INTERIM ACTIONS.—

19 ‘‘(1) APPROVAL OF PLANS.—Not later than 120

20 days after the date of the completion of a conserva21 tion and management plan and after providing for

22 public review and comment, the Administrator shall

23 approve such plan if—

24 ‘‘(A) it complies with any applicable guid25 ance document published under subsection (c);
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1 ‘‘(B) it meets the requirements of this sec2 tion;

3 ‘‘(C) it specifies the implementation re4 sponsibilities, including funding responsibilities

5 and implementation schedules, of the Federal

6 Government and of State and local governments

7 that participated in the development of the

8 plan;

9 ‘‘(D) the affected Governor or Governors

10 concur; and

11 ‘‘(E) the affected Governor or Governors

12 certify that they have the authority to under13 take the actions called for in the plan.

14 ‘‘(2) APPROVAL OF INTERIM ACTIONS.—The

15 Administrator shall approve an interim action to

16 protect the water quality of an estuary for which a

17 conservation and management plan is being devel18 oped if it meets the requirements set forth in para19 graph (1)(A) through (D).

20 ‘‘(3) PUBLIC REVIEW AND COMMENT.—The Ad21 ministrator shall, before approving a conservation

22 and management plan, publish in the Federal Reg23 ister a draft of the plan and provide an opportunity

24 for public review and comment on the plan.
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1 ‘‘(4) IMPLEMENTATION.—Upon approval of a

2 conservation and management plan or interim ac3 tions under this section, the Administrator, as a

4 nondiscretionary duty, shall ensure that the Federal

5 responsibilities and commitments under the plan or

6 interim action are complied with and implemented in

7 accordance with the guidance document. The Admin8 istrator, in conjunction with and with the assistance

9 of the management conference, shall—

10 ‘‘(A) provide assistance to the management

11 conference, including administrative and tech12 nical assistance, for implementation of the plan

13 or interim action;

14 ‘‘(B) coordinate Federal programs nec15 essary for implementing the plan or interim

16 action;

17 ‘‘(C) make recommendations to the man18 agement conference on enforcement and tech19 nical assistance activities necessary to ensure

20 compliance with and implementation of the plan

21 or interim action;

22 ‘‘(D) collect and make available to the pub23 lic, publications and other forms of information

24 relating to implementation of the plan or in25 terim action; and
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1 ‘‘(E) make grants under the authority pro2 vided by this title.

3 ‘‘(5) FUNDING.—Funds authorized to be appro4 priated under titles II and VI, section 319, and this

5 section may be used in accordance with the applica6 ble requirements of this Act to assist States with the

7 implementation of such conservation and manage8 ment plans. Funds authorized to be appropriated

9 under section 319 and this section may also be used

10 in accordance with the applicable requirements of

11 this Act to assist States with the implementation of

12 such interim actions.

13 ‘‘(6) CONSISTENCY.—Upon approval of a con14 servation and management plan or interim action

15 under this section, each Federal agency activity

16 identified pursuant to subsection (b)(10), with re17 spect to such plan or interim action shall be con18 ducted in a manner which is consistent with the

19 enforceable requirement of the plan or interim

20 action.’’.

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