IB 
Union Calendar No. 255 
111TH CONGRESS 
2D SESSION 
H. R. 4715 
[Report No. 111–442] 
To amend the Federal Water Pollution Control Act to reauthorize the 
National Estuary Program, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 2, 2010 
Mr. BISHOP of New York (for himself and Mr. LOBIONDO) introduced the fol-
lowing bill; which was referred to the Committee on Transportation and 
Infrastructure 
MARCH 17, 2010 
Committed to the Committee of the Whole House on the State of the Union 
and ordered to be printed 
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A BILL 
To amend the Federal Water Pollution Control Act to reau-
thorize the National Estuary Program, and for other 
purposes. 
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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.— 
(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 
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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; 
‘‘(D) addresses the impacts of climate 
change on the estuary, including— 
‘‘(i) the identification and assessment 
of vulnerabilities in the estuary; and 
‘‘(ii) the development and implementa-
tion of adaptation strategies; 
‘‘(E) increases public education and aware-
ness of the ecological health and water quality 
conditions of the estuary; 
‘‘(F) identifies and assesses impairments, 
including upstream impairments, coming from 
outside of the area addressed by the plan, and 
the sources of those impairments; and 
‘‘(G) includes performance measures and 
goals to track implementation of the plan.’’. 
(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: 
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‘‘(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: 
‘‘(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-
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ignated) is amended by striking ‘‘paragraph (7)’’ 
and inserting ‘‘paragraph (8)’’. 
(b) MEMBERS OF CONFERENCE.—Section 320(c)(5) 
of such Act (33 U.S.C. 1330(c)(5)) is amended by insert-
ing after ‘‘institutions,’’ the following: ‘‘not-for-profit or-
ganizations,’’. 
(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 plan required by sub-
paragraph (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 a comprehensive 
conservation and management plan available to 
the public under paragraph (3)(C), a manage-
ment conference convened under this section 
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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 related to the implementation of 
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a comprehensive conservation and management plan 
approved by the Administrator. The Environmental 
Protection Agency shall serve as the lead coordi-
nating 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) IN GENERAL.—Section 320(h) of such Act 
(as redesignated by subsection (d) of this section) is 
amended 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 
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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.’’. 
(2) 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)’’. 
(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.— 
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‘‘(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-
toring of each conservation and management 
plan eligible for grant assistance under sub-
section (h); and 
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‘‘(B) up to $5,000,000 per fiscal year to 
carry out subsection (k).’’. 
(g) TECHNICAL AMENDMENT.—Section 320(k)(1)(A) 
of such Act (as redesignated by subsection (d) of this sec-
tion) is amended by striking ‘‘paramenters’’ and inserting 
‘‘parameters’’. 
(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. 
‘‘(2) SPECIFIC
ASSESSMENTS.—In conducting 
an evaluation under this subsection, the Adminis-
trator shall assess the effectiveness of the national 
estuary program in improving water quality, natural 
resources, and sustainable uses of the estuaries cov-
ered by management conferences convened under 
this section. 
‘‘(3) REPORT.—In completing an evaluation 
under this subsection, the Administrator shall issue 
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a report on the results of the evaluation, including 
the findings and recommendations of the Adminis-
trator. 
‘‘(4) AVAILABILITY TO PUBLIC.—The Adminis-
trator shall make a report issued under this sub-
section available to the public, including through 
publication in the Federal Register and on the Inter-
net.’’. 
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Union Calendar No. 255 
111TH CONGRESS 
2D SESSION 
H. R. 4715 
[Report No. 111–442] 
A BILL 
To amend the Federal Water Pollution Control Act 
to reauthorize the National Estuary Program, 
and for other purposes. 
MARCH 17, 2010 
Committed to the Committee of the Whole House on the 
State of the Union and ordered to be printed 
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