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 reau-
thorize the National Estuary Program, and for other 
purposes. 
Be it enacted by the Senate and House of Representa-
tives 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.— 
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(1) DEVELOPMENT OF COMPREHENSIVE CON-
SERVATION
AND
MANAGEMENT
PLANS.—Section 
320(b)(4) of the Federal Water Pollution Control 
Act (33 U.S.C. 1330(b)(4)) is amended to read as 
follows: 
‘‘(4) develop and submit to the Administrator a 
comprehensive conservation and management plan 
that— 
‘‘(A) identifies the estuary and its associ-
ated upstream waters to be addressed by the 
plan, with consideration given to hydrological 
boundaries; 
‘‘(B) recommends priority corrective ac-
tions and compliance schedules addressing point 
and nonpoint sources of pollution to restore and 
maintain the chemical, physical, and biological 
integrity of the estuary, including restoration 
and maintenance of water quality, a resilient 
and diverse indigenous population of shellfish, 
fish, and wildlife, and recreational activities in 
the estuary, and assure that the designated 
uses of the estuary are protected; 
‘‘(C) considers current and future sustain-
able commercial activities in the estuary; 
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‘‘(D) addresses the impacts of climate 
change on the estuary, including— 
‘‘(i) the identification and assessment 
of vulnerabilities in the estuary; 
‘‘(ii) the development and implementa-
tion of adaptation strategies; and 
‘‘(iii) the impacts of changes in sea 
level on estuarine water quality, estuarine 
habitat, and infrastructure located in the 
estuary; 
‘‘(E) increases public education and aware-
ness with respect to— 
‘‘(i) the ecological health of the estu-
ary; 
‘‘(ii) the water quality conditions of 
the estuary; and 
‘‘(iii) ocean, estuarine, land, and at-
mospheric connections and interactions; 
‘‘(F) identifies and assesses impairments, 
including upstream impairments, coming from 
outside of the area addressed by the plan, and 
the sources of those impairments; 
‘‘(G) includes performance measures and 
goals to track implementation of the plan; and 
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‘‘(H) includes a coordinated monitoring 
strategy for Federal, State, and local govern-
ments and other entities.’’. 
(2) MONITORING AND MAKING RESULTS AVAIL-
ABLE.—Section 320(b)(6) of such Act (33 U.S.C. 
1330(b)(6)) is amended to read as follows: 
‘‘(6) monitor (and make results available to the 
public regarding)— 
‘‘(A) water quality conditions in the estu-
ary and its associated upstream waters, as iden-
tified under paragraph (4)(A); 
‘‘(B) habitat conditions that relate to the 
ecological health and water quality conditions of 
the estuary; and 
‘‘(C) the effectiveness of actions taken pur-
suant to the comprehensive conservation and 
management plan developed for the estuary 
under this subsection;’’. 
(3) INFORMATION AND EDUCATIONAL ACTIVI-
TIES.—Section
320(b)
of
such
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: 
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‘‘(7) provide information and educational activi-
ties on the ecological health and water quality condi-
tions of the estuary; and’’. 
(4) CONFORMING AMENDMENT.—The sentence 
following section 320(b)(8) of such Act (as so redes-
ignated) 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 such Act (33 U.S.C. 1330(c)(5)) is 
amended by inserting after ‘‘institutions,’’ the fol-
lowing: ‘‘not-for-profit organizations,’’. 
(2)
COLLABORATIVE
PROCESSES.—Section 
320(d) of such Act (33 U.S.C. 1330(d)) is amend-
ed— 
(A) by striking ‘‘(d)’’ and all that follows 
through ‘‘In developing’’ and inserting the fol-
lowing: 
‘‘(d) UTILIZATION OF EXISTING DATA AND COL-
LABORATIVE PROCESSES.— 
‘‘(1) UTILIZATION OF EXISTING DATA.—In de-
veloping’’; and 
(B) by adding at the end the following: 
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‘‘(2) UTILIZATION
OF
COLLABORATIVE
PROC-
ESSES.—In updating a plan under subsection (f)(4) 
or developing a new plan under subsection (b), a 
management conference shall make use of collabo-
rative processes to— 
‘‘(A) ensure equitable inclusion of affected 
interests; 
‘‘(B) engage with members of the manage-
ment conference, including through— 
‘‘(i) the use of consensus-based deci-
sion rules; and 
‘‘(ii)
assistance
from
impartial 
facilitators, as appropriate; 
‘‘(C) ensure relevant information, including 
scientific, technical, and cultural information, is 
accessible to members; 
‘‘(D) promote accountability and trans-
parency 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 con-
ducted under subsection (f)(3); 
‘‘(E) identify the roles and responsibilities 
of members— 
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‘‘(i) in the management conference 
proceedings; and 
‘‘(ii) in the implementation of the 
plan; and 
‘‘(F) seek resolution of conflicts or dis-
putes as necessary.’’. 
(c) ADMINISTRATION OF PLANS.—Section 320(f) of 
such Act (33 U.S.C. 1330(f)) is amended to read as fol-
lows: 
‘‘(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 con-
servation and management plan under this section, 
and after providing for public review and comment, 
the Administrator shall approve the plan if the Ad-
ministrator determines that the plan meets the re-
quirements of this section and the affected Governor 
or Governors concur. 
‘‘(2) IMPLEMENTATION.—Upon approval of a 
comprehensive conservation and management plan 
under this section, the plan shall be implemented. 
Funds authorized to be appropriated under titles II 
and VI and section 319 may be used in accordance 
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with the applicable requirements of this Act to assist 
States with the implementation of the plan. 
‘‘(3) EVALUATION.— 
‘‘(A) IN GENERAL.—Not later than 4 years 
after the date of enactment of this paragraph, 
and every 4 years thereafter, the Administrator 
shall complete an evaluation of the implementa-
tion 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. 
‘‘(B) REVIEW AND COMMENT BY MANAGE-
MENT CONFERENCE.—In completing an evalua-
tion 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 man-
agement conference to submit comments 
under
subparagraph
(B),
the
Adminis-
trator shall issue a report on the results of 
the evaluation, including the findings and 
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recommendations of the Administrator and 
any comments received from the manage-
ment 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 man-
agement conference submits a new comprehen-
sive conservation and management plan to the 
Administrator after the date of enactment of 
this paragraph, the Administrator shall com-
plete the evaluation of the implementation of 
the plan required by subparagraph (A) not later 
than 4 years after the date of such submission 
and every 4 years thereafter. 
‘‘(4) UPDATES.— 
‘‘(A) REQUIREMENT.—Not later than 18 
months after the date on which the Adminis-
trator makes an evaluation of the implementa-
tion of a comprehensive conservation and man-
agement plan available to the public under 
paragraph (3)(C), a management conference 
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convened under this section shall submit to the 
Administrator an update of the plan. The up-
dated plan shall reflect, to the maximum extent 
practicable, the results of the program evalua-
tion. 
‘‘(B) APPROVAL OF UPDATES.—Not later 
than 120 days after the date on which a man-
agement conference submits to the Adminis-
trator an updated comprehensive conservation 
and management plan under subparagraph (A), 
and after providing for public review and com-
ment, the Administrator shall approve the up-
dated plan if the Administrator determines that 
the updated plan meets the requirements of this 
section. 
‘‘(5) PROBATIONARY
STATUS.—The Adminis-
trator may consider a management conference con-
vened under this section to be in probationary status 
if the management conference has not received ap-
proval 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 eval-
uation of the plan available to the public under para-
graph (3)(C).’’. 
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(d) FEDERAL AGENCIES.—Section 320 of such 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 fol-
lowing: 
‘‘(g) FEDERAL AGENCIES.— 
‘‘(1) ACTIVITIES
CONDUCTED
WITHIN
ESTU-
ARIES 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 max-
imum extent practicable, in a manner consistent 
with the plan. 
‘‘(2) COORDINATION AND COOPERATION.—The 
Secretary of the Army (acting through the Chief of 
Engineers), the Administrator of the National Oce-
anic and Atmospheric Administration, the Director 
of the United States Fish and Wildlife Service, the 
Chief of the Natural Resources Conservation Serv-
ice, 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, 
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related to the implementation of a comprehensive 
conservation and management plan approved by the 
Administrator. The Environmental Protection Agen-
cy 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 para-
graph (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 collabo-
rate on the development of tools and methodologies 
for monitoring the ecological health and water qual-
ity conditions of estuaries covered by a management 
conference convened under this section.’’. 
(e) GRANTS.— 
(1) RECIPIENTS.—Section 320(h)(1) of such 
Act (as redesignated by subsection (d) of this sec-
tion) is amended by striking ‘‘other public’’ and all 
that follows before the period at the end and insert-
ing ‘‘and other public or nonprofit private agencies, 
institutions, and organizations’’. 
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‘‘(2) ALLOCATIONS.—Of the sums authorized to 
be appropriated under this subsection, the Adminis-
trator shall provide— 
‘‘(A) at least $1,250,000 per fiscal year, 
subject to the availability of appropriations, for 
the development, implementation, and moni-
toring of each conservation and management 
plan eligible for grant assistance under sub-
section (h); and 
‘‘(B) up to $5,000,000 per fiscal year to 
carry out subsection (k).’’. 
(g) RESEARCH.—Section 320(k)(1)(A) of such Act 
(as redesignated by subsection (d) of this section) 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 such Act (33 U.S.C. 1330) is amended by 
inserting after subsection (k) (as redesignated by sub-
section (d) of this section) the following: 
‘‘(l) NATIONAL ESTUARY PROGRAM EVALUATION.— 
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‘‘(1) IN
GENERAL.—Not later than 4 years 
after the date of enactment of this paragraph, and 
every 4 years thereafter, the Administrator shall 
complete an evaluation of the national estuary pro-
gram established under this section. 
‘‘(2) SPECIFIC
ASSESSMENTS.—In conducting 
an evaluation under this subsection, the Adminis-
trator shall— 
‘‘(A) assess the effectiveness of the na-
tional
estuary
program
in
improving
water 
quality, natural resources, and sustainable uses 
of the estuaries covered by management con-
ferences convened under this section; 
‘‘(B) identify best practices for improving 
water quality, natural resources, and sustain-
able uses of the estuaries covered by manage-
ment conferences convened under this section, 
including those practices funded through the 
use of technical assistance from the Environ-
mental Protection Agency and other Federal 
agencies, and assess the reasons why such prac-
tices result in the achievement of program 
goals; and 
‘‘(C) identify any redundant requirements 
for reporting by recipients of a grant under this 
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section, and develop and recommend a plan for 
limiting reporting 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 Adminis-
trator. 
‘‘(4) AVAILABILITY.—The Administrator shall 
make a report issued under this subsection available 
to management conferences convened under this sec-
tion and the public, including through publication in 
the Federal Register and on the Internet.’’. 
(i)
CONVENING
OF
CONFERENCE.—Section 
320(a)(2) of such Act (33 U.S.C. 1330(a)(2)) is amend-
ed— 
(1)
by
striking
‘‘(2)
CONVENING
OF
CON-
FERENCE.—’’ 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 
such Act (as redesignated by subsection (d) of this sec-
tion) is amended by striking the subsection designation 
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and all that follows through ‘‘and those portions of tribu-
taries’’ and inserting the following: 
‘‘(m) DEFINITIONS.—In this section, the terms ‘estu-
ary’ and ‘estuarine zone’ have the meanings such terms 
have in section 104(n)(4), except that— 
‘‘(1) the term ‘estuary’ also includes near coast-
al 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’ con-
tained in section 104(n)(4); and 
‘‘(2) the term ‘estuarine zone’ also includes— 
‘‘(A) waters within the Great Lakes de-
scribed 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’ contained in 
section 104(n)(4); 
‘‘(B) associated aquatic ecosystems; and 
‘‘(C) those portions of tributaries’’. 
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.— 
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(1) DEVELOPMENT
OF
COMPREHENSIVE
CON-
SERVATION
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 associ-
ated upstream waters of the estuary to be ad-
dressed by the plan, with consideration given to 
hydrological boundaries; 
‘‘(B) recommends priority corrective actions 
and compliance schedules addressing— 
‘‘(i) point and nonpoint sources of pol-
lution; and 
‘‘(ii) protection and conservation ac-
tions— 
‘‘(I) to restore and maintain the 
chemical, physical, and biological in-
tegrity of the estuary, including— 
‘‘(aa) restoration and main-
tenance of water quality, wet-
lands, and natural hydrologic 
flows; 
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‘‘(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 compo-
nents for protection and conservation by car-
rying out integrated assessments, where appro-
priate, of— 
‘‘(i) aquatic habitat and biological in-
tegrity; 
‘‘(ii) water quality; and 
‘‘(iii) natural hydrologic flows; 
‘‘(D) considers current and future sustain-
able 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 implementa-
tion of adaptation strategies; and 
‘‘(iii) the impacts of changes in sea 
level on estuarine water quality, estuarine 
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habitat, and infrastructure located in the 
estuary; 
‘‘(F) increases public education and aware-
ness with respect to— 
‘‘(i) the ecological health of the estuary; 
‘‘(ii) the water quality conditions of 
the estuary; and 
‘‘(iii) ocean, estuarine, land, and at-
mospheric connections and interactions; 
‘‘(G)(i) identifies and assesses impairments, 
including significant adverse upstream impair-
ments coming from outside of the area addressed 
by the plan, and the sources of those impair-
ments; 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 govern-
ments and other entities.’’. 
(2) MONITORING AND MAKING RESULTS AVAIL-
ABLE.—Section 320(b) of the Federal Water Pollution 
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Control Act (33 U.S.C. 1330(b)) is amended by strik-
ing paragraph (6) and inserting the following: 
‘‘(6) monitor (and make results available to the 
public regarding)— 
‘‘(A) water quality conditions in the estu-
ary and the associated upstream waters of the es-
tuary identified under paragraph (4)(A); 
‘‘(B) healthy watershed and habitat condi-
tions that relate to the ecological health and 
water quality conditions of the estuary; and 
‘‘(C) the effectiveness of actions taken pursu-
ant to the comprehensive conservation and man-
agement plan developed for the estuary under 
this subsection;’’. 
(3) INFORMATION
AND
EDUCATIONAL
ACTIVI-
TIES.—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 fol-
lowing: 
‘‘(7) provide information and educational activi-
ties on the ecological health and water quality condi-
tions of the estuary; and’’. 
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(4) CONFORMING AMENDMENT.—The sentence fol-
lowing section 320(b)(8) of the Federal Water Pollu-
tion 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 fol-
lowing: 
‘‘(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 
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a new plan under subsection (b), a management con-
ference shall make use of collaborative processes— 
‘‘(A) to ensure equitable inclusion of affected 
interests; 
‘‘(B) to engage with members of the man-
agement conference, including through— 
‘‘(i) the use of consensus-based decision 
rules; and 
‘‘(ii) 
assistance 
from 
impartial 
facilitators, as appropriate; 
‘‘(C) to ensure relevant information, includ-
ing scientific, technical, and cultural informa-
tion, is accessible to members; 
‘‘(D) to promote accountability and trans-
parency 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 con-
ducted under subsection (f)(3); 
‘‘(E) to identify the roles and responsibil-
ities of members— 
‘‘(i) in the management conference pro-
ceedings; and 
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‘‘(ii) in the implementation of the 
plan; and 
‘‘(F) to seek resolution of conflicts or dis-
putes 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 fol-
lowing: 
‘‘(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 Admin-
istrator 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 imple-
mented. 
‘‘(B) USE
OF
AUTHORIZED
AMOUNTS.— 
Amounts authorized to be appropriated under ti-
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tles 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 implementa-
tion of each comprehensive conservation and 
management plan developed under this sec-
tion 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 MANAGE-
MENT CONFERENCE.—In completing an evalua-
tion 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 
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after providing an opportunity for a man-
agement conference to submit comments 
under subparagraph (B), the Administrator 
shall issue a report on the results of the 
evaluation, including the findings and rec-
ommendations of the Administrator and 
any comments received from the manage-
ment 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.—Not-
withstanding subparagraph (A), if a manage-
ment conference submits a new comprehensive 
conservation and management plan to the Ad-
ministrator after the date of enactment of this 
paragraph, the Administrator shall complete the 
evaluation of the implementation of the plan re-
quired by subparagraph (A) not later than 5 
years after the date of such submission and every 
5 years thereafter. 
‘‘(4) UPDATES.— 
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‘‘(A) REQUIREMENT.—Not later than 18 
months after the date on which the Adminis-
trator makes an evaluation of the implementa-
tion of a comprehensive conservation and man-
agement plan available to the public under para-
graph (3)(C), a management conference convened 
under this section shall submit to the Adminis-
trator 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 manage-
ment conference submits to the Administrator an 
updated comprehensive conservation and man-
agement 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 Adminis-
trator may consider a management conference con-
vened under this section to be in probationary status, 
if the management conference has not received ap-
proval for an updated comprehensive conservation 
and management plan under paragraph (4)(B) on or 
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before the last day of the 3-year period beginning on 
the date on which the Administrator makes an eval-
uation of the plan available to the public under para-
graph (3)(C).’’. 
(d) FEDERAL AGENCIES.—Section 320 of the Federal 
Water Pollution Control Act (33 U.S.C. 1330) is amend-
ed— 
(1) by redesignating subsections (g), (h), (i), (j), 
and (k) as subsections (h), (i), (j), (k), and (m), re-
spectively; and 
(2) by inserting after subsection (f) the following: 
‘‘(g) FEDERAL AGENCIES.— 
‘‘(1) ACTIVITIES CONDUCTED WITHIN ESTUARIES 
WITH APPROVED PLANS.—After approval of a com-
prehensive conservation and management plan by the 
Administrator, any Federal action or activity affect-
ing 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 Sec-
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retary of the Department of Agriculture, the Di-
rector 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 ap-
propriate 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 Adminis-
trator. 
‘‘(B) LEAD
COORDINATING
AGENCY.—The 
Environmental Protection Agency shall serve as 
the lead coordinating agency under this para-
graph. 
‘‘(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 respon-
sibilities 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 
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on the development of tools and methodologies for 
monitoring the ecological health and water quality 
conditions of estuaries covered by a management con-
ference convened under this section.’’. 
(e) GRANTS.— 
(1) IN
GENERAL.—Subsection (h) (as redesig-
nated 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 non-
profit private agencies, institutions, and organi-
zations’’; 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 conserva-
tion and management plan developed by a man-
agement conference convened under this section, 
if the Administrator determines that the man-
agement conference is in probationary status 
under subsection (f)(5). 
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‘‘(B) TERMINATION OF MANAGEMENT CON-
FERENCES.—The Administrator shall terminate 
a management conference convened under this 
section, and cease funding for the implementa-
tion of the comprehensive conservation and man-
agement plan developed by the management con-
ference, 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 redesig-
nated by subsection (d)) is amended by striking ‘‘sub-
section (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 ap-
propriated 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 
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shall not exceed 10 percent of the amount appro-
priated under this subsection; 
‘‘(B) making grants under subsection (h); 
and 
‘‘(C) monitoring the implementation of a 
conservation and management plan by the man-
agement conference, or by the Administrator in 
any case in which the conference has been termi-
nated. 
‘‘(2) ALLOCATIONS.—Of the sums authorized to 
be appropriated under this subsection, the Adminis-
trator shall provide— 
‘‘(A) at least $1,250,000 per fiscal year, 
subject to the availability of appropriations, for 
the development, implementation, and moni-
toring of each conservation and management 
plan eligible for grant assistance under sub-
section (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 
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(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.—Sec-
tion 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 estab-
lished 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 es-
tuaries covered by management conferences con-
vened under this section; 
‘‘(B) identify best practices for improving 
water quality, natural resources, and sustainable 
uses of the estuaries covered by management con-
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ferences convened under this section, including 
those practices funded through the use of tech-
nical assistance from the Environmental Protec-
tion Agency and other Federal agencies; 
‘‘(C) assess the reasons why the best prac-
tices 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 sec-
tion 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— 
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(1) by striking ‘‘(2) CONVENING
OF
CON-
FERENCE.—’’ 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 des-
ignation and all that follows through ‘‘and those portions 
of tributaries’’ and inserting the following: 
‘‘(m) DEFINITIONS.—In this section, the terms ‘estu-
ary’ 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 sec-
tion 104(n)(4); and 
‘‘(2) the term ‘estuarine zone’ also includes— 
‘‘(A) waters within the Great Lakes de-
scribed in paragraph (1) and transitional areas 
from such waters that are similar in form and 
function to the transitional areas described in 
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the definition of ‘estuarine zone’ in section 
104(n)(4); 
‘‘(B) associated aquatic ecosystems; and 
‘‘(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 
to reauthorize the National Estuary Program, 
and for other purposes. 
SEPTEMBER 16, 2010 
Reported with an amendment 
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