I
105TH CONGRESS
2D SESSION
H. R. 4634
To catalyze restoration of estuary habitat through more efficient financing
of projects and enhanced coordination of Federal and non-Federal res-
toration programs, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
SEPTEMBER 25, 1998
Mr. GILCHREST (for himself, Mr. BOEHLERT, Mrs. TAUSCHER, Mr. FORBES,
Mrs. KELLY, Mr. SHAYS, Mrs. LOWEY, Mr. GOSS, Mr. BILBRAY, Mr.
CARDIN, Mr. SAXTON, Mr. BENTSEN, Mr. LAMPSON, and Mr. GREEN-
WOOD) introduced the following bill; which was referred to the Committee
on Transportation and Infrastructure, and in addition to the Committee
on Resources, for a period to be subsequently determined by the Speaker,
in each case for consideration of such provisions as fall within the juris-
diction of the committee concerned
A BILL
To catalyze restoration of estuary habitat through more effi-
cient financing of projects and enhanced coordination
of Federal and non-Federal restoration programs, 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; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Estuary Habitat Restoration Partnership Act of 1998’’.
(b) TABLE OF CONTENTS.—The table of contents of
this Act is as follows:
Sec. 1. Short title; table of contents.
TITLE I—ESTUARY HABITAT RESTORATION
Sec. 101. Findings.
Sec. 102. Purposes.
Sec. 103. Definitions.
Sec. 104. Establishment of Collaborative Council.
Sec. 105. Duties of Collaborative Council.
Sec. 106. Cost sharing of estuary habitat restoration projects.
Sec. 107. Monitoring and maintenance of estuary habitat restoration projects.
Sec. 108. Cooperative agreements; memoranda of understanding.
Sec. 109. Distribution of appropriations for estuary habitat restoration activi-
ties.
Sec. 110. Authorization of appropriations.
Sec. 111. National estuary program.
Sec. 112. General provisions.
TITLE II—CHESAPEAKE BAY AND OTHER REGIONAL INITIATIVES
Sec. 201. Chesapeake Bay.
Sec. 202. Long Island Sound.
TITLE I—ESTUARY HABITAT
RESTORATION
SEC. 101. FINDINGS.
Congress finds that—
(1) estuaries provide some of the most eco-
logically and economically productive habitat for an
extensive variety of plants, fish, wildlife, and water-
fowl;
(2) the estuaries and coastal regions of the
United States are home to one-half the population of
the United States and provide essential habitat for
75 percent of the Nation’s commercial fish catch
and 80 to 90 percent of its recreational fish catch;
(3) estuaries are gravely threatened by habitat
alteration and loss from pollution, development, and
overuse;
(4) successful restoration of estuaries demands
the coordination of Federal, State, and local estuary
habitat restoration programs; and
(5) the Federal, State, local, and private co-
operation in estuary habitat restoration activities in
existence on the date of enactment of this Act
should be strengthened and new public and public-
private estuary habitat restoration partnerships
established.
SEC. 102. PURPOSES.
The purposes of this title are—
(1) to establish a voluntary program to restore
1,000,000 acres of estuary habitat by 2010;
(2) to foster coordination of Federal, State, and
community estuary habitat restoration programs,
plans, and studies;
(3) to establish effective estuary habitat res-
toration partnerships among public agencies at all
levels of government and between the public and pri-
vate sectors;
(4) to promote efficient financing of estuary
habitat restoration activities; and
(5) to develop and enhance monitoring and re-
search capabilities to ensure that estuary habitat
restoration efforts are based on sound scientific un-
derstanding.
SEC. 103. DEFINITIONS.
In this title:
(1) COLLABORATIVE COUNCIL.—The term ‘‘Col-
laborative Council’’ means the interagency council
established by section 104.
(2) DEGRADED ESTUARY HABITAT.—The term
‘‘degraded estuary habitat’’ means estuary habitat
where natural ecological functions have been im-
paired and normal beneficial uses have been reduced.
(3) ESTUARY.—The term ‘‘estuary’’ means—
(A) a body of water in which fresh water
from a river or stream meets and mixes with
salt water from the ocean; and
(B) the physical, biological, and chemical
elements associated with such a body of water.
(4) ESTUARY HABITAT.—
(A) IN
GENERAL.—The term ‘‘estuary
habitat’’ means the complex of physical and hy-
drologic features and living organisms within
estuaries and associated ecosystems.
(B) 
INCLUSIONS.—The 
term 
‘‘estuary
habitat’’ includes salt and fresh water coastal
marshes, coastal forested wetlands and other
coastal wetlands, maritime forests, coastal
grasslands, tidal flats, natural shoreline areas,
shellfish beds, sea grass meadows, kelp beds,
river deltas, river and stream banks under tidal
influence, and beds of submerged aquatic vege-
tation.
(5) ESTUARY
HABITAT
RESTORATION
ACTIV-
ITY.—
(A) IN
GENERAL.—The term ‘‘estuary
habitat restoration activity’’ means an activity
that results in improving degraded estuary
habitat (including both physical and functional
restoration), with the goal of attaining a self-
sustaining system integrated into the surround-
ing landscape.
(B) INCLUDED
ACTIVITIES.—The term
‘‘estuary 
habitat 
restoration 
activity’’ 
in-
cludes—
(i) the reestablishment of physical fea-
tures and biological and hydrologic func-
tions;
(ii) except as provided in subpara-
graph (C)(ii), the cleanup of contamination
related to the restoration of estuary habi-
tat;
(iii) the control of non-native and
invasive species;
(iv) the reintroduction of native spe-
cies through planting or natural succes-
sion; and
(v) other activities that improve estu-
ary habitat.
(6) 
ESTUARY
HABITAT
RESTORATION
PROJECT.—The term ‘‘estuary habitat restoration
project’’ means an estuary habitat restoration activ-
ity under consideration or selected by the Collabo-
rative Council, in accordance with this title, to re-
ceive financial, technical, or another form of assist-
ance.
(7) ESTUARY
HABITAT
RESTORATION
STRAT-
EGY.—The term ‘‘estuary habitat restoration strat-
egy’’ means the estuary habitat restoration strategy
developed under section 105(a).
(8) ESTUARY MANAGEMENT OR HABITAT RES-
TORATION PLAN.—The term ‘‘estuary management
or habitat restoration plan’’ means any plan for res-
toration of degraded estuary habitat that—
(A) was developed by a public body with
the substantial participation of appropriate
public and private stakeholders; and
(B) reflects a community-based planning
process.
(9) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of the Army, or a designee.
SEC. 104. ESTABLISHMENT OF COLLABORATIVE COUNCIL.
(a) COLLABORATIVE COUNCIL.—There is established
an interagency council to be known as the ‘‘Estuary Habi-
tat Restoration Collaborative Council’’.
(b) MEMBERSHIP.—
(1) IN
GENERAL.—The Collaborative Council
shall be composed of the Secretary, the Under Sec-
retary for Oceans and Atmosphere of the Depart-
ment of Commerce, the Administrator of the Envi-
ronmental Protection Agency, and the Secretary of
the Interior (acting through the Director of the
United States Fish and Wildlife Service), or their
designees.
(2) CHAIRPERSON; LEAD
AGENCY.—The Sec-
retary, or designee, shall chair the Collaborative
Council, and the Department of the Army shall
serve as the lead agency.
(c) CONVENING OF COLLABORATIVE COUNCIL.—The
Secretary shall—
(1) convene the first meeting of the Collabo-
rative Council not later than 30 days after the date
of enactment of this Act; and
(2) convene additional meetings as often as ap-
propriate to ensure that this title is fully carried out,
but not less often than quarterly.
(d) COLLABORATIVE COUNCIL PROCEDURES.—
(1) QUORUM.—Three members of the Collabo-
rative Council shall constitute a quorum. For any
decision by the Council, a quorum must be present
and voting.
(2) VOTING AND MEETING PROCEDURES.—The
Collaborative Council shall establish procedures for
voting and the conduct of meetings by the Council.
SEC. 105. DUTIES OF COLLABORATIVE COUNCIL.
(a) ESTUARY HABITAT RESTORATION STRATEGY.—
(1) IN GENERAL.—Not later than 1 year after
the date of enactment of this Act, the Collaborative
Council, in consultation with State and other non-
Federal entities, including nonprofit entities, as ap-
propriate, shall develop an estuary habitat restora-
tion strategy designed to ensure a comprehensive ap-
proach to the selection and prioritization of estuary
habitat restoration projects and to foster the coordi-
nation of Federal and non-Federal activities related
to restoration of estuary habitat.
(2) INTEGRATION OF ESTUARY HABITAT RES-
TORATION
PLANS, 
PROGRAMS, 
AND
PARTNER-
SHIPS.—In developing the estuary habitat restora-
tion strategy, the Collaborative Council shall—
(A) conduct a review of—
(i) estuary management or habitat
restoration plans; and
(ii) 
Federal 
programs 
established
under other law that authorize funding for
estuary habitat restoration activities;
(B) develop a set of proposals for—
(i) using programs established under
this or any other Act to maximize the in-
centives for the creation of new public-pri-
vate partnerships to carry out estuary
habitat restoration projects; and
(ii) using Federal resources to encour-
age increased private sector involvement in
estuary habitat restoration activities; and
(C) ensure that the estuary habitat res-
toration strategy is developed and will be imple-
mented in a manner that is consistent with the
federally approved estuary management or habi-
tat restoration plans.
(3) ELEMENTS TO BE CONSIDERED.—Consist-
ent with the requirements of this section, the Col-
laborative Council, in the development of the estuary
habitat restoration strategy, shall consider—
(A) the contributions of estuary habitat
to—
(i) wildlife, including endangered and
threatened species, migratory birds, and
resident species of an estuary watershed;
(ii) fish and shellfish, including com-
mercial and sport fisheries;
(iii) surface and ground water quality
and quantity, and flood control;
(iv) outdoor recreation; and
(v) other areas of concern that the
Collaborative Council determines to be ap-
propriate for consideration;
(B) the estimated historic losses, estimated
current rate of loss, and extent of the threat of
future loss or degradation of each type of estu-
ary habitat; and
(C) the most appropriate method for se-
lecting a balance of smaller and larger estuary
habitat restoration projects.
(4) ADVICE.—The Collaborative Council shall
seek the advice of experts in restoration of estuary
habitat to assist in the development of an estuary
habitat restoration strategy.
(5) PUBLIC
REVIEW
AND
COMMENT.—Before
adopting a final estuary habitat restoration strategy,
the Collaborative Council shall publish in the Fed-
eral Register a draft of the estuary habitat restora-
tion strategy and provide an opportunity for public
review and comment.
(6) PERIODIC REVISION.—Using data and in-
formation developed through project monitoring,
management, and other relevant information, the
Collaborative Council shall periodically review and
update, as necessary, the estuary habitat restoration
strategy.
(b) PROJECT APPLICATIONS.—
(1) IN GENERAL.—An application for an estu-
ary habitat restoration project shall originate from a
State or other non-Federal entity and shall require,
when appropriate, the approval of State or local
agencies.
(2) FACTORS TO BE TAKEN INTO ACCOUNT.—
In determining the eligibility of an estuary habitat
restoration project for financial assistance under this
title, the Collaborative Council shall consider the fol-
lowing factors:
(A) Whether the proposed estuary habitat
restoration project meets the criteria specified
in the estuary habitat restoration strategy.
(B) The technical merit and feasibility of
the 
proposed 
estuary 
habitat 
restoration
project.
(C) Whether the non-Federal entities pro-
posing the estuary habitat restoration project
provide satisfactory assurances that they will
have adequate personnel, funding, and author-
ity to carry out and properly maintain the estu-
ary habitat restoration project.
(D) Whether the proposed estuary habitat
restoration project will encourage the increased
coordination and cooperation of Federal, State,
and local government agencies.
(E) The amount of private funds or in-
kind contributions for the estuary habitat res-
toration project.
(F) Whether the proposed habitat restora-
tion project includes a monitoring plan to en-
sure that short-term and long-term restoration
goals are achieved.
(G) Other factors that the Collaborative
Council determines to be reasonable and nec-
essary for consideration.
(4) PRIORITY ESTUARY HABITAT RESTORATION
PROJECTS.—An estuary habitat restoration project
shall be given a higher priority in receipt of funding
under this title if, in addition to meeting the selec-
tion criteria established by the Council—
(A) the estuary habitat restoration project
is part of a federally approved estuary manage-
ment or habitat restoration plan;
(B) the non-Federal share with respect to
the estuary habitat restoration project exceeds
50 percent; or
(C) there is a program within the water-
shed of the estuary habitat restoration project
that addresses sources of pollution and other
activities that otherwise would re-impair the re-
stored habitat.
(5) EXCLUDED ACTIVITIES.—An activity shall
not be considered to be an estuary habitat restora-
tion activity under this title if the activity—
(A) constitutes mitigation for the adverse
effects of an activity regulated or otherwise gov-
erned by Federal or State law; or
(B) constitutes restitution for natural re-
source damages required under any Federal or
State law.
(c) INTERIM ACTIONS.—
(1) IN GENERAL.—Pending completion of the
estuary habitat restoration strategy developed under
subsection (a), the Collaborative Council may pay
the Federal share of the cost of an interim action to
carry out an estuary habitat restoration activity.
(2) FEDERAL SHARE.—The Federal share of
the cost of an estuary habitat restoration activity as-
sisted under this title before the completion of the
estuary habitat restoration strategy shall not exceed
25 percent.
(d) COOPERATION OF NON-FEDERAL PARTNERS.—
(1) IN
GENERAL.—The Collaborative Council
shall not select an estuary habitat restoration project
until a non-Federal interest has entered into a writ-
ten agreement with the Secretary in which it agrees
to provide the required non-Federal cooperation for
the project.
(2) NONPROFIT
ENTITIES.—Notwithstanding
section 221 of the Flood Control Act of 1970 (42
U.S.C. 1962d–5b(b)), for any project undertaken
under this section, the Secretary may, after coordi-
nation with the appropriate State and local officials
responsible for the political jurisdiction in which a
project would occur, allow a nonprofit entity to serve
as the non-Federal interest.
(3) MAINTENANCE
AND
MONITORING.—A co-
operation agreement entered into under paragraph
(1) shall provide for maintenance and monitoring of
the estuary habitat restoration project to the extent
determined necessary.
(e) MONITORING DATA STANDARDS.—The Collabo-
rative Council shall develop standard data formats for
monitoring projects, along with requirements for types of
data collected and frequency of monitoring.
(f) AGENCY CONSULTATION AND COORDINATION.—
In carrying out this section, the Collaborative Council
shall, as the Collaborative Council determines it to be nec-
essary, consult with, cooperate with, and coordinate its ac-
tivities with the activities of other Federal agencies.
(g) BENEFITS AND COSTS OF ESTUARY HABITAT
RESTORATION
PROJECTS.—The Collaborative Council
shall evaluate the benefits and costs of estuary habitat res-
toration projects in accordance with section 907 of the
Water Resources Development Act of 1986 (33 U.S.C.
2284).
(h) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated to the Department of the
Army—
(1) for the administration and operation of the
Collaborative Council $2,000,000 for each of fiscal
years 1999 through 2003; and
(2) for the acquisition, maintenance, and man-
agement of monitoring data on restoration projects
funded under this title, $2,000,000 for each of fiscal
years 1999 through 2003.
SEC. 106. COST SHARING OF ESTUARY HABITAT RESTORA-
TION PROJECTS.
(a) IN GENERAL.—No financial assistance in carry-
ing out an estuary habitat restoration project shall be
available under this title from any Federal agency unless
the non-Federal applicant for assistance demonstrates
that the estuary habitat restoration project meets—
(1) the requirements of this title; and
(2) any criteria established by the Collaborative
Council under this title.
(b) FEDERAL SHARE.—The Federal share of the cost
of an estuary habitat restoration and protection project
assisted under this title shall not exceed 65 percent.
(c) NON-FEDERAL SHARE.—The non-Federal share
of the cost of an estuary habitat restoration project may
be provided in the form of land, easements, rights-of-way,
services, or any other form of in-kind contribution deter-
mined by the Collaborative Council to be an appropriate
contribution equivalent to the monetary amount required
for the non-Federal share of the estuary habitat restora-
tion project.
(d) ALLOCATION OF FUNDS BY STATES TO POLITI-
CAL SUBDIVISIONS.—With the approval of the Secretary,
a State may allocate to any local government, area-wide
agency designated under section 204 of the Demonstration
Cities and Metropolitan Development Act of 1966 (42
U.S.C. 3334), regional agency, or interstate agency, a por-
tion of any funds disbursed in accordance with this title
for the purpose of carrying out an estuary habitat restora-
tion project.
SEC. 107. MONITORING AND MAINTENANCE OF ESTUARY
HABITAT RESTORATION PROJECTS.
(a) DATABASE OF RESTORATION PROJECT INFORMA-
TION.—The Secretary shall maintain an appropriate data-
base of information concerning estuary habitat restoration
projects funded under this title, including information on
project techniques, project completion, monitoring data,
and other relevant information.
(b) REPORT.—
(1) IN
GENERAL.—The Collaborative Council
shall biennially submit a report to the Committee on
Environment and Public Works of the Senate and
the Committee on Transportation and Infrastructure
of the House of Representatives on the results of ac-
tivities carried out under this title.
(2) CONTENTS
OF
REPORT.—A report under
paragraph (1) shall include—
(A) data on the number of acres of estuary
habitat restored under this title, including the
number of projects approved and completed
that comprise those acres;
(B) the percentage of restored estuary
habitat monitored under a plan to ensure that
short-term and long-term restoration goals are
achieved;
(C) an estimate of the long-term success of
varying restoration techniques used in carrying
out estuary habitat restoration projects;
(D) a review of how the information de-
scribed in subparagraphs (A) through (C) has
been incorporated in the selection and imple-
mentation 
of 
estuary 
habitat 
restoration
projects;
(E) a review of efforts made to maintain
an appropriate database of restoration projects
funded under this title; and
(F) a review of the measures taken to pro-
vide the information described in subparagraphs
(A) through (C) to persons with responsibility
for assisting in the restoration of estuary habi-
tat.
SEC. 108. COOPERATIVE AGREEMENTS; MEMORANDA OF
UNDERSTANDING.
In carrying out this title, the Collaborative Council
may—
(1) enter into cooperative agreements with Fed-
eral, State, and local government agencies and other
entities; and
(2) execute such memoranda of understanding
as are necessary to reflect the agreements.
SEC. 109. DISTRIBUTION OF APPROPRIATIONS FOR ESTU-
ARY HABITAT RESTORATION ACTIVITIES.
The Secretary shall allocate funds made available to
carry out this title based on the need for the funds and
such other factors as are determined to be appropriate to
carry out this title.
SEC. 110. AUTHORIZATION OF APPROPRIATIONS.
(a) AUTHORIZATION
OF APPROPRIATIONS UNDER
OTHER LAW.—Funds authorized to be appropriated
under section 908 of the Water Resources Development
Act of 1986 (33 U.S.C. 2285) and section 206 of the
Water Resources Development Act of 1996 (33 U.S.C.
2330) may be used by the Secretary in accordance with
this title to assist States and other non-Federal persons
in carrying out estuary habitat restoration projects or in-
terim actions under section 105(c).
(b) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated to the Secretary to carry
out estuary habitat restoration activities—
(1) $40,000,000 for fiscal year 1999;
(2) $50,000,000 for fiscal year 2000; and
(3) $75,000,000 for each of fiscal years 2001
through 2003.
SEC. 111. NATIONAL ESTUARY PROGRAM.
(a) GRANTS FOR COMPREHENSIVE CONSERVATION
AND MANAGEMENT PLANS.—Section 320(g)(2) of the
Federal Water Pollution Control Act (33 U.S.C.
1330(g)(2)) is amended by inserting ‘‘, implementation,
and managing the implementation’’ after ‘‘development’’.
(b) AUTHORIZATION OF APPROPRIATIONS.—Section
320(i) of the Federal Water Pollution Control Act (33
U.S.C. 1330(i)) is amended by striking ‘‘1987’’ and all
that follows through ‘‘1991’’ and inserting the following:
‘‘1987 through 1991, such sums as may be necessary for
fiscal years 1992 through 1998, and $25,000,000 for each
of fiscal years 1999 and 2000’’.
SEC. 112. GENERAL PROVISIONS.
(a) ADDITIONAL AUTHORITY FOR ARMY CORPS OF
ENGINEERS.—The Secretary may carry out estuary habi-
tat restoration projects in accordance with this title.
(b) INAPPLICABILITY OF CERTAIN LAW.—Sections
203, 204, and 205 of the Water Resources Development
Act of 1986 (33 U.S.C. 2231, 2232, and 2233) shall not
apply to an estuary habitat restoration project selected in
accordance with this title.
(c) ESTUARY HABITAT RESTORATION MISSION.—
The Secretary shall ensure that restoration of estuary
habitat is included as a primary mission of the Corps of
Engineers under section 306 of Water Resources Develop-
ment Act of 1990 (33 U.S.C. 2316).
(d) FEDERAL AGENCY FACILITIES
AND PERSON-
NEL.—
(1) IN
GENERAL.—Federal agencies may co-
operate in carrying out scientific and other programs
necessary to carry out this title, and may provide fa-
cilities and personnel, for the purpose of assisting
the Collaborative Council in carrying out its duties
under this title.
(2) REIMBURSEMENT
FROM
COLLABORATIVE
COUNCIL.—Federal agencies may accept reimburse-
ment from the Collaborative Council for providing
services, facilities, and personnel under paragraph
(1).
(e) ADMINISTRATIVE EXPENSES AND STAFFING.—
Not later than 180 days after the date of enactment of
this title, the Comptroller General of the United States
shall submit to Congress and the Secretary an analysis
of the extent to which the Collaborative Council needs ad-
ditional personnel and administrative resources to fully
carry out its duties under this title. The analysis shall in-
clude recommendations regarding necessary additional
funding.
TITLE II—CHESAPEAKE BAY AND
OTHER REGIONAL INITIATIVES
SEC. 201. CHESAPEAKE BAY.
Section 117 of the Federal Water Pollution Control
Act (33 U.S.C. 1267) is amended to read as follows:
‘‘SEC. 117. CHESAPEAKE BAY.
‘‘(a) DEFINITIONS.—In this section:
‘‘(1) CHESAPEAKE
BAY
AGREEMENT.—The
term ‘Chesapeake Bay Agreement’ means the for-
mal, voluntary agreements, amendments, directives,
and adoption statements executed to achieve the
goal of restoring and protecting the Chesapeake Bay
ecosystem and the living resources of the ecosystem
and signed by the Chesapeake Executive Council.
‘‘(2) CHESAPEAKE BAY PROGRAM.—The term
‘Chesapeake Bay Program’ means the program di-
rected by the Chesapeake Executive Council in ac-
cordance with the Chesapeake Bay Agreement.
‘‘(3) CHESAPEAKE
BAY
WATERSHED.—The
term ‘Chesapeake Bay watershed’ shall have the
meaning determined by the Administrator.
‘‘(4) CHESAPEAKE EXECUTIVE COUNCIL.—The
term ‘Chesapeake Executive Council’ means the sig-
natories to the Chesapeake Bay Agreement.
‘‘(5) SIGNATORY
JURISDICTION.—The term
‘signatory jurisdiction’ means a jurisdiction of a sig-
natory to the Chesapeake Bay Agreement.
‘‘(b) CONTINUATION
OF CHESAPEAKE BAY PRO-
GRAM.—
‘‘(1) IN
GENERAL.—In cooperation with the
Chesapeake Executive Council (and as a member of
the Council), the Administrator shall continue the
Chesapeake Bay Program.
‘‘(2) PROGRAM
OFFICE.—The Administrator
shall maintain in the Environmental Protection
Agency a Chesapeake Bay Program Office. The
Chesapeake Bay Program Office shall provide sup-
port to the Chesapeake Executive Council by—
‘‘(A) 
implementing 
and 
coordinating
science, research, modeling, support services,
monitoring, data collection, and other activities
that support the Chesapeake Bay Program;
‘‘(B) developing and making available,
through publications, technical assistance, and
other appropriate means, information pertain-
ing to the environmental quality and living re-
sources of the Chesapeake Bay;
‘‘(C) assisting the signatories to the Chesa-
peake Bay Agreement, in cooperation with ap-
propriate Federal, State, and local authorities,
in developing and implementing specific action
plans to carry out the responsibilities of the sig-
natories to the Chesapeake Bay Agreement;
‘‘(D) coordinating the actions of the Envi-
ronmental Protection Agency with the actions
of the appropriate officials of other Federal
agencies and State and local authorities in de-
veloping strategies to—
‘‘(i) improve the water quality and liv-
ing resources of the Chesapeake Bay; and
‘‘(ii) obtain the support of the appro-
priate officials of the agencies and authori-
ties in achieving the objectives of the
Chesapeake Bay Agreement; and
‘‘(E) implementing outreach programs for
public information, education, and participation
to foster stewardship of the resources of the
Chesapeake Bay.
‘‘(c) INTERAGENCY AGREEMENTS.—The Adminis-
trator may enter into an interagency agreement with a
Federal agency to carry out this section.
‘‘(d) TECHNICAL
ASSISTANCE
AND
ASSISTANCE
GRANTS.—
‘‘(1) IN GENERAL.—In consultation with other
members of the Chesapeake Executive Council, the
Administrator may provide technical assistance, and
assistance grants, to nonprofit private organizations
and individuals, State and local governments, col-
leges, universities, and interstate agencies to carry
out this section, subject to such terms and condi-
tions as the Administrator considers appropriate.
‘‘(2) FEDERAL SHARE.—
‘‘(A) IN GENERAL.—Except as provided in
subparagraph (B), the Federal share of an as-
sistance grant provided under paragraph (1)
shall be determined by the Administrator in ac-
cordance with Environmental Protection Agency
guidance.
‘‘(B) SMALL
WATERSHED
GRANTS
PRO-
GRAM.—The Federal share of an assistance
grant provided under paragraph (1) to carry
out an implementing activity under subsection
(g)(2) shall not exceed 75 percent of eligible
project costs, as determined by the Adminis-
trator.
‘‘(3) NON-FEDERAL
SHARE.—An assistance
grant under paragraph (1) shall be provided on the
condition that non-Federal sources provide the re-
mainder of eligible project costs, as determined by
the Administrator.
‘‘(4) ADMINISTRATIVE
COSTS.—Administrative
costs (including salaries, overhead, and indirect costs
for services provided and charged against projects
supported by funds made available under this sub-
section) incurred by a person described in paragraph
(1) in carrying out a project under this subsection
during a fiscal year shall not exceed 10 percent of
the grant made to the person under this subsection
for the fiscal year.
‘‘(e) IMPLEMENTATION GRANTS.—
‘‘(1) IN GENERAL.—If a signatory jurisdiction
has approved and committed to implement all or
substantially all aspects of the Chesapeake Bay
Agreement, on the request of the chief executive of
the jurisdiction, the Administrator shall make a
grant to the jurisdiction for the purpose of imple-
menting the management mechanisms established
under the Chesapeake Bay Agreement, subject to
such terms and conditions as the Administrator con-
siders appropriate.
‘‘(2) PROPOSALS.—A signatory jurisdiction de-
scribed in paragraph (1) may apply for a grant
under this subsection for a fiscal year by submitting
to the Administrator a comprehensive proposal to
implement management mechanisms established
under the Chesapeake Bay Agreement. The proposal
shall include—
‘‘(A) a description of proposed manage-
ment mechanisms that the jurisdiction commits
to take within a specified time period, such as
reducing or preventing pollution in the Chesa-
peake Bay to meet applicable water quality
standards; and
‘‘(B) the estimated cost of the actions pro-
posed to be taken during the fiscal year.
‘‘(3) APPROVAL.—If the Administrator finds
that the proposal is consistent with the Chesapeake
Bay Agreement and the national goals established
under section 101(a), the Administrator may ap-
prove the proposal for a fiscal year.
‘‘(4) FEDERAL SHARE.—The Federal share of
an implementation grant provided under this sub-
section shall not exceed 50 percent of the costs of
implementing the management mechanisms during
the fiscal year.
‘‘(5) NON-FEDERAL
SHARE.—An implementa-
tion grant under this subsection shall be made on
the condition that non-Federal sources provide the
remainder of the costs of implementing the manage-
ment mechanisms during the fiscal year.
‘‘(6) ADMINISTRATIVE
COSTS.—Administrative
costs (including salaries, overhead, and indirect costs
for services provided and charged against projects
supported by funds made available under this sub-
section) incurred by a signatory jurisdiction in car-
rying out a project under this subsection during a
fiscal year shall not exceed 10 percent of the grant
made to the jurisdiction under this subsection for
the fiscal year.
‘‘(f) COMPLIANCE OF FEDERAL FACILITIES.—
‘‘(1) SUBWATERSHED PLANNING AND RESTORA-
TION.—A Federal agency that owns or operates a
facility (as defined by the Administrator) within the
Chesapeake Bay watershed shall participate in re-
gional and subwatershed planning and restoration
programs.
‘‘(2) COMPLIANCE
WITH
AGREEMENT.—The
head of each Federal agency that owns or occupies
real property in the Chesapeake Bay watershed shall
ensure that the property, and actions taken by the
agency with respect to the property, comply with the
Chesapeake Bay Agreement.
‘‘(g) CHESAPEAKE BAY WATERSHED, TRIBUTARY,
AND RIVER BASIN PROGRAM.—
‘‘(1) NUTRIENT AND WATER QUALITY MANAGE-
MENT STRATEGIES.—Not later than 1 year after the
date of enactment of this subsection, the Adminis-
trator, in consultation with other members of the
Chesapeake Executive Council, shall ensure that
management plans are developed and implementa-
tion is begun by signatories to the Chesapeake Bay
Agreement for the tributaries of the Chesapeake Bay
to achieve and maintain—
‘‘(A) the nutrient goals of the Chesapeake
Bay Agreement for the quantity of nitrogen and
phosphorus entering the main stem Chesapeake
Bay;
‘‘(B) the water quality requirements nec-
essary to restore living resources in both the
tributaries and the main stem of the Chesa-
peake Bay;
‘‘(C) the Chesapeake Bay basinwide toxics
reduction and prevention strategy goal of reduc-
ing or eliminating the input of chemical con-
taminants from all controllable sources to levels
that result in no toxic or bioaccumulative im-
pact on the living resources that inhabit the
Bay or on human health; and
‘‘(D) habitat restoration, protection, and
enhancement goals established by Chesapeake
Bay Agreement signatories for wetlands, forest
riparian zones, and other types of habitat asso-
ciated with the Chesapeake Bay and the tribu-
taries of the Chesapeake Bay.
‘‘(2) SMALL WATERSHED GRANTS PROGRAM.—
The Administrator, in consultation with other mem-
bers of the Chesapeake Executive Council, may offer
the technical assistance and assistance grants au-
thorized under subsection (d) to local governments
and nonprofit private organizations and individuals
in the Chesapeake Bay watershed to implement—
‘‘(A) cooperative tributary basin strategies
that address the Chesapeake Bay’s water qual-
ity and living resource needs; or
‘‘(B) locally based protection and restora-
tion programs or projects within a watershed
that complement the tributary basin strategies.
‘‘(h) STUDY OF CHESAPEAKE BAY PROGRAM.—Not
later than December 31, 2000, and every 3 years there-
after, the Administrator, in cooperation with other mem-
bers of the Chesapeake Executive Council, shall complete
a study and submit a comprehensive report to Congress
on the results of the study. The study and report shall,
at a minimum—
‘‘(1) assess the commitments and goals of the
management strategies established under the Chesa-
peake Bay Agreement and the extent to which the
commitments and goals are being met;
‘‘(2) assess the priority needs required by the
management strategies and the extent to which the
priority needs are being met;
‘‘(3) assess the effects of air pollution deposi-
tion on water quality of the Chesapeake Bay;
‘‘(4) assess the state of the Chesapeake Bay
and its tributaries and related actions of the Chesa-
peake Bay Program;
‘‘(5) make recommendations for the improved
management of the Chesapeake Bay Program; and
‘‘(6) provide the report in a format transferable
to and usable by other watershed restoration pro-
grams.
‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated to carry out this section
$30,000,000 for each of fiscal years 1999 through 2003.’’.
SEC. 202. LONG ISLAND SOUND.
Section 119(e) of the Federal Water Pollution Con-
trol Act (33 U.S.C. 1269(e)) is amended—
(1) in paragraph (1), by striking ‘‘1991
through 2001’’ and inserting ‘‘1999 through 2003’’;
and
(2) in paragraph (2), by striking ‘‘not to exceed
$3,000,000 for each of the fiscal years 1991 through
2001’’ and inserting ‘‘$10,000,000 for each of fiscal
years 1999 through 2003’’.
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