HR 5301 PCS 
(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, 
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. 
VerDate Mar 15 2010 
00:49 Jul 22, 2010
Jkt 089200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H5301.PCS
H5301
tjames on DSKG8SOYB1PROD with BILLS
HR 5301 PCS 
‘‘(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’’. 
(2) EFFECTS OF PROBATIONARY STATUS.—Sec-
tion 320(h) of such Act (as redesignated by sub-
section (d) of this section) is further amended by 
adding at the end the following: 
‘‘(4) EFFECTS OF PROBATIONARY STATUS.— 
VerDate Mar 15 2010 
00:49 Jul 22, 2010
Jkt 089200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H5301.PCS
H5301
tjames on DSKG8SOYB1PROD with BILLS
HR 5301 PCS 
‘‘(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 con-
servation and management plan developed by a 
management conference convened under this 
section if the Administrator determines that the 
management conference is in probationary sta-
tus under subsection (f)(5). 
‘‘(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 
management plan developed by the manage-
ment conference, if the Administrator deter-
mines that the management conference has 
been in probationary status for 2 consecutive 
years.’’. 
(3) CONFORMING AMENDMENT.—Section 320(i) 
of such Act (as redesignated by subsection (d) of 
this section) is amended by striking ‘‘subsection (g)’’ 
and inserting ‘‘subsection (h)’’. 
VerDate Mar 15 2010 
00:49 Jul 22, 2010
Jkt 089200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H5301.PCS
H5301
tjames on DSKG8SOYB1PROD with BILLS
HR 5301 PCS 
(f) AUTHORIZATION OF APPROPRIATIONS.—Section 
320(j) of such Act (as redesignated by subsection (d) of 
this section) is amended to read as follows: 
‘‘(j) AUTHORIZATION OF APPROPRIATIONS.— 
‘‘(1) IN GENERAL.—There is authorized to be 
appropriated to the Administrator $50,000,000 for 
each of fiscal years 2011 through 2016 for— 
‘‘(A) expenses related to the administration 
of management conferences under this section, 
except that such expenses shall not exceed 10 
percent of the amount appropriated 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 ter-
minated. 
‘‘(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-
VerDate Mar 15 2010 
00:49 Jul 22, 2010
Jkt 089200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6201
E:\BILLS\H5301.PCS
H5301
tjames on DSKG8SOYB1PROD with BILLS
HR 5301 PCS 
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.— 
‘‘(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. 
VerDate Mar 15 2010 
00:49 Jul 22, 2010
Jkt 089200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6201
E:\BILLS\H5301.PCS
H5301
tjames on DSKG8SOYB1PROD with BILLS
HR 5301 PCS 
‘‘(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 
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 
VerDate Mar 15 2010 
00:49 Jul 22, 2010
Jkt 089200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6201
E:\BILLS\H5301.PCS
H5301
tjames on DSKG8SOYB1PROD with BILLS
HR 5301 PCS 
‘‘(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’’. 
Passed the House of Representatives July 20, 2010. 
Attest: 
LORRAINE C. MILLER, 
Clerk. 
VerDate Mar 15 2010 
00:49 Jul 22, 2010
Jkt 089200
PO 00000
Frm 00019
Fmt 6652
Sfmt 6201
E:\BILLS\H5301.PCS
H5301
tjames on DSKG8SOYB1PROD with BILLS
Calendar No. 472 
111TH CONGRESS 
2D SESSION 
H. R. 5301 
AN ACT 
To extend the period during which the Adminis-
trator of the Environmental Protection Agency 
and States are prohibited from requiring a per-
mit under section 402 of the Federal Water Pol-
lution Control Act for certain discharges that are 
incidental to normal operation of vessels, to reau-
thorize the National Estuary Program, and for 
other purposes. 
JULY 21, 2010 
Received; read twice and placed on the calendar 
VerDate Mar 15 2010 
01:25 Jul 22, 2010
Jkt 089200
PO 00000
Frm 00020
Fmt 6651
Sfmt 6651
E:\BILLS\H5301.PCS
H5301
tjames on DSKG8SOYB1PROD with BILLS