I
105TH CONGRESS
1ST SESSION
H. R. 2374
To amend the Federal Water Pollution Control Act to provide special funding
to States for implementation of national estuary conservation and man-
agement plans, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
AUGUST 1, 1997
Mrs. LOWEY (for herself, Ms. DELAURO, and Mr. SHAYS) introduced the fol-
lowing bill; which was referred to the Committee on Transportation and
Infrastructure
A BILL
To amend the Federal Water Pollution Control Act to pro-
vide special funding to States for implementation of na-
tional estuary conservation and management plans, 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 ‘‘DeLauro-Lowey Water
Pollution Control and Estuary Restoration Act’’.
SEC. 2. FINDINGS AND PURPOSES.
(a) FINDINGS.—The Congress finds the following:
(1) The Nation’s estuaries are a vital natural
resource to which many regional economies are
closely tied.
(2) Many of the Nation’s estuaries are under a
severe threat from point source pollution and pol-
luted run-off (nonpoint source pollution) and from
habitat alteration and destruction.
(3) Only through expanded investments in
waste water treatment and other water and sediment
pollution control and prevention efforts can the envi-
ronmental and economic values of the Nation’s estu-
aries be restored and protected.
(4) The National Estuary Program created
under the Federal Water Pollution Control Act has
significantly advanced the Nation’s understanding of
the declining condition of the Nation’s estuaries.
(5) The National Estuary Program has also
provided precise information about the corrective
and preventative measures required to reverse the
degradation of water and sediment quality and to
halt the alteration and destruction of vital habitat in
the Nation’s estuaries.
(6) The level of funding available to States, mu-
nicipalities, and the Environmental Protection Agen-
cy for implementation of approved conservation and
management plans is inadequate, and additional fi-
nancial resources must be provided.
(7) Funding for implementation of approved
conservation and management plans should be pro-
vided under the State revolving loan fund program
authorized by title VI of the Federal Water Pollu-
tion Control Act.
(8) Authorization levels for State revolving loan
fund capitalization grants should be increased by an
amount necessary to ensure the achievement of the
goals of the Federal Water Pollution Control Act.
(b) PURPOSES.—The purposes of this Act are—
(1) to expand and strengthen efforts to combat
the serious and growing water and sediment quality
problems in estuaries of national significance identi-
fied under the Federal Water Pollution Control Act;
(2) to provide significant levels of Federal as-
sistance to States and municipalities seeking to im-
plement comprehensive conservation and manage-
ment plans for those estuaries;
(3) to reauthorize section 320 of the Federal
Water Pollution Control Act in order to improve the
development and implementation of comprehensive
conservation and management plans for those estu-
aries; and
‘‘(vii) 15 percent for fiscal year 2004.
‘‘(2) ALLOCATION.—Of amounts required under
paragraph (1) to be used for grants to qualified
States for a fiscal year, the Administrator shall allo-
cate to each qualified State an amount equal to—
‘‘(A) the total amounts required under
paragraph (1) to be used for such grants for
that fiscal year, multiplied by
‘‘(B) the percentage specified by the Ad-
ministrator for the fiscal year for that State
under paragraph (3)(B).
‘‘(3) DETERMINATION OF STATE NEEDS.—Not
later than 120 days after the date on which all
qualified States have submitted under paragraph
(4)(A) estimates of the needs of the States for finan-
cial assistance for a fiscal year, the Administrator
shall—
‘‘(A) determine the needs of each qualified
State for financing implementation of approved
estuary plans in the fiscal year, based on—
‘‘(i) the Administrator’s ranking of
each project or activity included in all the
needs estimates submitted, according to
the severity of the pollution problem each
project or activity will address; and
‘‘(ii) the Administrator’s determina-
tion of which projects or activities should
be included in the approved estimate of
needs for each qualifying State; and
‘‘(B) submit to the Congress a report de-
scribing the cost of each project or activity in-
cluded in each approved estimate of needs for
each State, the total for all qualified States,
and a percentage for purposes of paragraph
(2)(B) representing such approved needs of the
qualified State relative to such approved needs
of all qualified States.
‘‘(4) STATE ESTIMATE OF NEEDS.—
‘‘(A) SUBMISSION.—Not later than July 1
of each year, each qualified State shall submit
to the Administrator an estimate of the needs
of the State for financial assistance for imple-
menting, monitoring, and enforcing approved
estuary plans in the next fiscal year. Such esti-
mates shall include a description of each project
and activity for which funding is being sought,
the entity which would receive the funding, the
need for the project or activity, and its cost.
Such estimates may be included in a qualified
State’s intended use plan under section 606(c),
and shall maximize economical planning, de-
sign, and construction.
‘‘(B) CONSULTATION.—In preparing an es-
timate of needs under this paragraph, a quali-
fied State shall consult with each management
conference under section 320 that is implement-
ing an approved estuary plan and of which the
State is a member.
‘‘(C) APPROVAL
REQUIRED.—A qualified
State may not submit an estimate of needs
under this paragraph unless the estimate is ap-
proved by each management conference under
section 320 that is implementing an approved
estuary plan and of which the State is a mem-
ber.
‘‘(5) FAILURE TO SUBMIT ESTIMATE.—A quali-
fied State which does not submit an estimate for a
fiscal year in accordance with paragraph (4) shall
not be eligible for any allocation under paragraph
(2) for that fiscal year.
‘‘(b) SEPARATE ACCOUNT.—
‘‘(1) ESTABLISHMENT OF ACCOUNT.—A quali-
fied State shall establish a separate account in its
water pollution control revolving fund established
under this title, which shall be known as an ‘Estuary
Account’. Amounts of grants to a qualified State
under subsection (a) shall be deposited into the
Estuary Account established by the State.
‘‘(2) USE.—A qualified State may use amounts
in its Estuary Account only for providing assistance
for the purpose of implementing approved estuary
plans that apply to the State.
‘‘(c) TYPES OF ASSISTANCE.—
‘‘(1) IN GENERAL.—Except as otherwise pro-
vided by State law and subject to paragraph (2),
amounts in the Estuary Account of a qualified State
may be used only for providing the types of assist-
ance described in section 603(d).
‘‘(2) SPECIAL RULES.—
‘‘(A) 
EXTENDED
AMORTIZATION
PE-
RIOD.—Notwithstanding section 603(d)(1)(A),
a loan made by a qualified State with amounts
in the Estuary Account of the State may be for
a term of not to exceed 40 years or the useful
life of any facility constructed with the loan,
whichever is less, if the borrower demonstrates
to the State that the borrower is experiencing
financial hardship.
‘‘(B) PRINCIPAL SUBSIDIES.—In addition
to the types of assistance authorized by section
603(d), a qualified State may use amounts of
interest earned on amounts in its Estuary Ac-
count to subsidize up to 90 percent of the prin-
cipal portion of the amount of debt service of
an entity referred to in section 603(c)(1) that,
notwithstanding the availability of interest free
loans under section 603(d)(1)(A) and extended
amortization under subparagraph (A), the State
determines is financially unable to carry out a
project that is necessary for the implementation
of an approved estuary plan.
‘‘(d) STATE MATCHING.—Notwithstanding section
602(b)(2), a qualified State shall deposit into its Estuary
Account an amount from State funds equal to at least 15
percent of amounts deposited into the account in the form
of capitalization grants to the State under this section.
‘‘(e) DEFINITIONS.—In this section, the following
definitions apply:
‘‘(1) APPROVED
ESTUARY
PLAN.—The term
‘approved estuary plan’ means a comprehensive con-
servation and management plan approved by the
Administrator under section 320(h).
‘‘(2) ESTUARY ACCOUNT.—The term ‘Estuary
Account’ means a separate account established by a
other public or nonprofit agencies, institutions, orga-
nizations, Indian tribes, and individuals for imple-
mentation of conservation and management plans
approved under this section.
‘‘(2) PURPOSES.—Grants under this subsection,
shall be made to assist in aspects of implementation
of such plans which involve innovative technology,
research and development, education, pollution pre-
vention, comprehensive land use planning, and other
activities not generally funded by the State under
this title.
‘‘(3) FEDERAL SHARE.—The amount of grants
to any person (including a State, interstate, or re-
gional agency or entity) under this subsection for a
fiscal year shall not exceed 75 percent of the cost of
implementation of such plans.
‘‘(4) AUTHORIZATION
OF
APPROPRIATIONS.—
There is authorized to be appropriated to the Ad-
ministrator to carry out this subsection not to ex-
ceed $50,000,000 per fiscal year for each of fiscal
years 1998 through 2004.’’.
(b) FUNDING
FOR
INTERIM
ACTIONS.—Section
320(g)(2) of such Act (33 U.S.C. 1330(g)(2)) is amended
by inserting before the period the following: ‘‘, and for ap-
propriate interim actions that are adopted by the manage-
ment conference and approved in accordance with sub-
section (h) to protect the water and sediment quality of
the estuary that is the subject of such a plan’’.
(c) GRANT REPORTING.—Section 320(h) of such Act
(33 U.S.C. 1330(h)) is amended by striking ‘‘subsection
(g)’’ and inserting ‘‘subsection (i) and that receives a
grant under subsection (m)’’.
(d) CONFORMING AMENDMENT.—Section 320(g) of
such Act (33 U.S.C. 1330(g)) is amended by inserting
‘‘DEVELOPMENT’’ before ‘‘GRANTS.—’’.
SEC. 6. EXTENSION OF CONSERVATION AND MANAGEMENT
PLAN DEVELOPMENT GRANT PROGRAM.
Section 320(i) of the Federal Water Pollution Control
Act (33 U.S.C. 1330(i)) is amended—
(1) by inserting ‘‘and $28,000,000 per fiscal
year for each of fiscal years 1992 through 2002’’
after ‘‘and 1991’’; and
(2) by inserting ‘‘for fiscal years 1987 through
1991, and $8,000,000 per fiscal year of the sums
authorized to be appropriated under this subsection
for fiscal years 1992 through 2002,’’ before ‘‘to the
Administrator of the National’’.
SEC. 7. NATIONAL ESTUARY PROGRAM IMPROVEMENT.
(a) MANAGEMENT PLANS.—Section 320(b) of the
Federal Water Pollution Control Act (33 U.S.C. 1330(b))
is amended—
(1) by striking the matter preceding paragraph
(1) and inserting the following:
‘‘(b) PURPOSES OF CONFERENCE.—The purpose of
any management conference convened with respect to an
estuary under this section shall be to ensure, through a
comprehensive planning process, full coordination and full
implementation of the requirements of sections 303,
304(l), 305(b), 319, 402, and 404 of this Act and the
Coastal Zone Management Act of 1972, and to identify,
plan, and ensure implementation of additional measures
necessary to achieve compliance with water quality stand-
ards and to protect existing and designated uses of coastal
waters and the integrity of aquatic habitat. To achieve
these purposes a management conference shall—’’;
(2) by redesignating paragraphs (1), (2), (3),
(4), (5), (6), and (7) as paragraphs (2), (3), (4),
(6), (8), (10), and (11), respectively;
(3) by inserting before paragraph (2), as so re-
designated, the following new paragraph:
‘‘(1) conduct within 1 year after the convening
of the conference a literature survey to identify ex-
isting information on the environmental health of
the estuary;’’;
(4) by inserting after paragraph (4), as so re-
designated, the following:
‘‘(5) identify within 3 years after the convening
of the conference the major environmental problems
and priorities that the comprehensive conservation
and management plan will address;’’;
(5) in paragraph (6), as so redesignated, by in-
serting ‘‘, within 5 years after the date on which the
management conference is convened and in accord-
ance with the applicable guidance document pub-
lished under subsection (e),’’ after ‘‘plan’’;
(6) in paragraph (6), as so redesignated, by in-
serting ‘‘(including policies enforceable under State
law)’’ after ‘‘actions’’;
(7) by inserting after paragraph (6), as so re-
designated, the following:
‘‘(7) submit to the Administrator in the first
year following the convening of the conference, an
initial 5-year budget for the development of the con-
servation and management plan, and revise such
budget on an annual basis;’’;
(8) by inserting after paragraph (8), as so re-
designated, the following:
‘‘(9) conduct an analysis, within 3 years after
the convening of the conference, of any changes to
State statutory authority that will be required to im-
plement the conservation and management plan and,
provided such changes are more protective of aquatic
resources than the previous law, publish a citation to
such statutory authority and the proposed changes
(and a plain language description and summary) in
the conservation and management plan proposed for
approval under subsection (h), and update such
analysis and publication on an annual basis there-
after;’’;
(9) in paragraph (10), as so redesignated, by
striking ‘‘and’’ after the semicolon;
(10) in paragraph (11), as so redesignated, by
striking the period and inserting a semicolon;
(11) by inserting after paragraph (11), as so
redesignated, the following:
‘‘(12) identify all Federal activities (including
development projects, financial assistance programs,
and licensing and permitting activities) that may af-
fect the requirements and objectives of the conserva-
tion and management plan developed under this sec-
tion, ensure the coordinated implementation of the
plan with respect to those activities, and ensure that
the plan is at a minimum consistent with all Federal
licensing and permitting requirements of this Act
and other Federal laws or provides for greater pro-
tection of the integrity of natural aquatic habitat or
water or sediment quality;
‘‘(13) identify all pollutants and water bodies
for which development of maximum daily loads are
necessary pursuant to section 303, and establish a
schedule whereby all such total maximum daily loads
and wasteload and load allocations shall be com-
pleted within 5 years of approval of a conservation
and management plan pursuant to this section;
‘‘(14) ensure that all permits issued under sec-
tion 402 are current for significant dischargers with-
in an estuary that is subject to a conservation and
management plan, and ensure that, if multiple dis-
chargers affect a single segment of such estuary, the
dischargers are placed on simultaneous permit issu-
ance schedules to allow for efficient wasteload alloca-
tion;
‘‘(15) ensure that if an estuary subject to a
conservation and management plan is affected by
combined sewer overflows, development and imple-
mentation of a combined sewer overflow abatement
plan is included in the conservation and manage-
ment plan; and
‘‘(16) identify portions of the conservation and
management plan developed under this section which
should be included in a State coastal zone manage-
ment program approved under section 306(c) of the
Coastal Zone Management Act of 1972 and make
appropriate recommendations to the Governor and
the Under Secretary for that inclusion.’’; and
(12) in the matter following paragraph (16) (as
such paragraph is added by this subsection) by
striking ‘‘paragraph (7)’’ and inserting ‘‘paragraph
(11)’’.
(b) FISHERIES AND WILDLIFE.—
(1) 
MEMBERS
OF
CONFERENCE.—Section
320(c) of the Federal Water Pollution Control Act
(33 U.S.C. 1330(c)) is amended—
(A) in paragraph (3) by inserting ‘‘includ-
ing those Federal agencies with responsibility
for conserving and protecting living resources
including fish, shellfish, and wildlife,’’ after
‘‘Federal agency,’’; and
(B) in paragraph (5) by inserting ‘‘includ-
ing the agricultural industry,’’ after ‘‘indus-
tries,’’.
(2) RESEARCH.—Section 320(j)(2) of the Fed-
eral Water Pollution Control Act (33 U.S.C.
1330(j)(2)) is amended by inserting ‘‘and the Direc-
tor of the United States Fish and Wildlife Service’’
after ‘‘Administration’’.
(c) PARTICIPATION
OF MUNICIPALITIES.—Section
320(c)(4) of the Federal Water Pollution Control Act (33
U.S.C. 1330(c)(4)) is amended by striking ‘‘local govern-
ments’’ and inserting ‘‘municipalities’’.
(d) PARTICIPATION OF ENVIRONMENTAL ORGANIZA-
TIONS.—Section 320(c)(5) of the Federal Water Pollution
Control Act (33 U.S.C. 1330(c)(5)) is amended by insert-
ing ‘‘, including environmental organizations’’ after ‘‘the
general public’’.
(e) DUTIES OF MEMBERS OF CONFERENCE.—Sec-
tion 320 of the Federal Water Pollution Control Act (33
U.S.C. 1330) is amended—
(1) by redesignating subsections (d), (e), (f),
(g), (h), (i), (j), (k), and (l) as subsections (f), (g),
(h), (i), (j), (k), (l), (m), and (n), respectively; and
(2) by inserting after subsection (c) the follow-
ing:
‘‘(d) DUTIES OF MEMBERS.—
‘‘(1) ADMINISTRATOR.—
‘‘(A) IN
GENERAL.—The Administrator
shall provide necessary levels of funding and
staff resources to carry out the functions of the
Administrator related to the development, ap-
proval, implementation, and monitoring of a
conservation and management plan under this
section and of approved interim measures.
‘‘(B) ANALYSIS OF FEDERAL NEEDS.—Not
later than 120 days after the date of the enact-
ment of this subparagraph, the Comptroller
General of the United States shall submit to
the Congress and to the Administrator an anal-
ysis of the needs of the Environmental Protec-
tion Agency for additional personnel and ad-
ministrative resources necessary to fully carry
out its duties under this section. Such analysis
shall include recommendations regarding nec-
essary additional authorizations and appropria-
tions.
‘‘(C) POLICY AND TECHNICAL LIAISON.—
The Administrator or his or her designee shall,
among other functions performed with respect
to management conferences, serve as policy and
technical liaison for all participants in manage-
ment conferences.
‘‘(2) UNDER
SECRETARY.—The Under Sec-
retary of Commerce for Oceans and Atmosphere
shall provide the necessary levels of funding and
staff resources to carry out the functions of the
Under Secretary under this section, and shall coordi-
nate the activities of the Under Secretary with each
management conference convened under this section.
‘‘(e) GUIDANCE DOCUMENT.—
‘‘(1) IN GENERAL.—Not later than 9 months
after the date of the enactment of this paragraph,
the Administrator shall issue a guidance document
which establishes requirements for—
‘‘(A) management conferences to follow in
developing, implementing, and monitoring con-
servation and management plans, including re-
quirements to ensure that—
‘‘(i) the plan addresses each existing
or foreseeable material impairment of the
chemical, physical, and biological integrity
of the estuary’s waters;
‘‘(ii) the plan authorizes the Adminis-
trator to delete proposed actions from the
plan;
‘‘(iii) the plan ranks each proposed
action included in the plan for funding
purposes in order of priority; and
‘‘(iv) no person with a conflict of in-
terest in relation to the intent of this sec-
tion shall have the power, singly or in com-
bination, to prevent the inclusion of any
proposed action in the plan; and
‘‘(B) the Administrator to follow in ap-
proving implementation strategies within the
conservation and management plan and in ap-
proving interim actions to protect the water
quality of the estuary for which a conservation
and management plan is developed.
‘‘(2) 
PUBLICATION
OF
PROPOSED
DOCU-
MENT.—The Administrator shall publish a proposed
guidance document under this subsection by not
later than 6 months after the date of the enactment
of 
this 
paragraph. 
Notwithstanding 
section
553(a)(2) of title 5, United States Code, the Admin-
istrator shall provide at least 30 days advance notice
of the proposed adoption of a guidance document
under this subsection and comply in all other re-
spects with section 553(b), (c), and (e) of such title
with respect to the guidance document. The guid-
ance document shall be deemed to be a substantive
rule of general applicability for purposes of section
552(a)(1)(D) of such title.’’.
(f) MANAGEMENT CONFERENCES.—Section 320(g)
of the Federal Water Pollution Control Act, as redesig-
nated by subsection (e)(1) of this section, is amended to
read as follows:
‘‘(g) PERIOD OF CONFERENCES.—
‘‘(1) IN GENERAL.—A management conference
convened under this section shall be convened for a
period of at least 5 years. Upon approval of a plan
under subsection (h), the Administrator may, for
purposes of monitoring or implementing the plan,
extend a conference for an additional 5 years if the
affected Governor or Governors concur in the exten-
sion and the extension is necessary to meet the re-
quirements of this section and section 608.
‘‘(2) TERMINATION OF CONFERENCES.—Upon
the application of any resident of a State located in
whole or in part in the estuarine zone of the estuary
for which the conference was convened, or any af-
fected person, or on the Administrator’s own initia-
tive, the Administrator shall terminate a manage-
ment conference whenever—
‘‘(A) the management conference has failed
to perform any of the duties prescribed in sub-
section (b);
‘‘(B) the management conference is un-
likely to achieve the purposes specified in sub-
section (b);
‘‘(C) the management conference has de-
layed or interfered with the enforcement or im-
plementation of any provision of this Act; or
‘‘(D) termination of the management con-
ference would promote the restoration and
maintenance of the chemical, physical, and bio-
logical integrity of the estuary, including the
factors specified in subsection (b)(6).
‘‘(3) RECONVENING OF CONFERENCES.—
‘‘(A) IN
GENERAL.—Before the deadline
specified in subparagraph (B), a management
conference convened with respect to an estuary
under this section shall initiate activities to—
‘‘(i) review the water quality and nat-
ural resources data of the estuary;
‘‘(ii) organize a public assembly to
gather comments about the effectiveness of
the implementation of the approved estu-
ary plan;
‘‘(iii) assess how successfully each of
the priority corrective actions included in
the approved estuary plan is being imple-
mented; and
‘‘(iv) identify impediments to the cor-
rective actions that are not being imple-
mented in the approved estuary plan and
develop strategies to remove the impedi-
ments.
‘‘(B) DEADLINE.—With respect to an estu-
ary for which a management conference has
been convened under this section, the deadline
specified in this subparagraph is as follows:
‘‘(i) If the Administrator has ap-
proved a management plan for the estuary
on or before the date of the enactment of
this paragraph, the expiration of the 3-
year period beginning on such date of en-
actment.
‘‘(ii) If the Administrator has not ap-
proved a management plan for the estuary
on or before the date of the enactment of
this paragraph, the expiration of the 4-
year period beginning on the date of ap-
proval by the Administrator of a manage-
ment plan for the estuary.
‘‘(C) REQUIREMENT FOR RECONVENING.—
A management conference convened under this
section (other than a management conference
terminated pursuant to paragraph (2)) shall be
reconvened, if necessary, to carry out the re-
quirements of this paragraph.
‘‘(D) REPORT.—Upon completion of its ac-
tivities under subparagraph (A), a management
conference shall submit to the Administrator a
report on the results of such activities.’’.
(g) APPROVAL AND IMPLEMENTATION OF CONSERVA-
TION AND MANAGEMENT PLANS; PUBLIC REVIEW AND
COMMENT.—Section 320(h) of the Federal Water Pollu-
tion Control Act, as redesignated by subsection (e)(1) of
this section, is amended to read as follows:
‘‘(h) APPROVAL AND IMPLEMENTATION OF PLANS
AND INTERIM ACTIONS.—
‘‘(1) APPROVAL OF PLANS.—Not later than 120
days after the date of the completion of a conserva-
tion and management plan and after providing for
public review and comment, the Administrator shall
approve such plan if—
‘‘(A) it complies with the applicable guid-
ance document published under subsection (c);
‘‘(B) it meets the requirements of this sec-
tion;
‘‘(C) it specifies the implementation re-
sponsibilities, including funding responsibilities
and implementation schedules, of the Federal
Government and of State and local governments
that participated in the development of the
plan;
‘‘(D) the affected Governor or Governors
concur;
‘‘(E) the affected Governor or Governors
certify that they have the authority to under-
take the actions called for in the plan; and
‘‘(F) the Administrator determines that
each action called for in the plan is necessary
to protect, restore, and maintain the chemical,
physical, and biological integrity of the Nation’s
waters, is cost-effective, and will not alter or de-
stroy aquatic habitat.
‘‘(2) APPROVAL
OF
INTERIM
ACTIONS.—The
Administrator shall approve an interim action to
protect the water quality of an estuary for which a
conservation and management plan is being devel-
oped if the action meets the requirements set forth
in subparagraphs (A) through (D) of paragraph (1).
‘‘(3) PUBLIC REVIEW AND COMMENT.—The Ad-
ministrator shall, before approving a conservation
and management plan, publish in the Federal Reg-
ister a draft of the plan and provide an opportunity
for public review and comment on the plan pursuant
to subsections (b) through (e) of section 553 of title
5, United States Code.
‘‘(4) IMPLEMENTATION.—Upon approval of a
conservation and management plan or an interim ac-
tion under this section, such plan or action shall be
implemented. The Administrator, as a nondiscretion-
ary duty, shall ensure that the Federal responsibil-
ities and commitments under the plan or action are
complied with and implemented in accordance with
the guidance document. The Administrator shall—
‘‘(A) provide assistance to the management
conference, including administrative and tech-
nical assistance, for monitoring implementation
of the plan or interim action;
‘‘(B) coordinate Federal programs nec-
essary for implementing the plan or interim
action;
spect to such plan or interim action shall be con-
ducted in a manner which is consistent with the en-
forceable requirement of the plan or interim action.
No Federal financial assistance, project, or activity
may be provided or approved that is inconsistent
with such plan unless the Administrator, the Assist-
ant Director of the United States Fish and Wildlife
Service, and the Assistant Administrator of the Na-
tional Marine Fisheries Service each determines that
such assistance, project, or activity will provide
greater protection to the integrity of natural aquatic
habitat or water or sediment quality in the estuary
than such plan or interim action would otherwise
provide, and will not alter or destroy aquatic habitat.
Nothing in this section, any conservation or manage-
ment plan, or any interim action shall supersede any
requirement of this Act or any other Federal law.’’.
(h) HABITAT PROTECTION.—Section 320 of the Fed-
eral Water Pollution Control Act (33 U.S.C. 1330) is
amended by adding at the end the following:
‘‘(o) HABITAT PROTECTION.—No project or activity
that is located in whole or in part in waters of the United
States or which in whole or in part serves new develop-
ment located in such waters shall be included in a con-
servation and management plan or a State estimate of
needs under this section unless the Administrator, the Di-
rector of the United States Fish and Wildlife Service, and
the Assistant Administrator of the National Marine Fish-
eries Service each determines that—
‘‘(1) the project or activity is essential to reduce
the discharge of pollutants into the navigable waters;
and
‘‘(2) there is no practicable alternative to the
proposed project or activity that would have a less
adverse impact on existing natural aquatic habitat.’’.
Æ