IB
Union Calendar No. 366
106TH CONGRESS
2D SESSION
H. R. 1775
[Report No. 106–561, Parts I and II]
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
MAY 12, 1999
Mr. GILCHREST (for himself, Mrs. TAUSCHER, Mr. FORBES, Mr. GOSS, Mr.
BILBRAY, Mr. SHAYS, Mr. CARDIN, Mr. PRICE of North Carolina, Mrs.
MORELLA, Mr. SAXTON, Mr. FOLEY, Mr. BENTSEN, Mr. MCDERMOTT,
Mr. METCALF, Mr. SMITH of Washington, Mr. GREENWOOD, Mr. INS-
LEE, Mr. DICKS, Ms. DELAURO, Mrs. LOWEY, Mr. ENGLISH, Mrs.
KELLY, Mr. TAUZIN, and Mr. LAMPSON) introduced the following bill;
which was referred to the Committee on Transportation and Infrastruc-
ture, 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 jurisdiction of the committee con-
cerned
APRIL 4, 2000
Reported from the Committee on Transportation and Infrastructure with an
amendment
[Strike out all after the enacting clause and insert the part printed in italic]
APRIL 4, 2000
Referral to the Committee on Resources extended for a period ending not later
than June 9, 2000
JUNE 9, 2000
Additional sponsors: Mr. HOYER, Mr. KENNEDY of Rhode Island, Mr. COOK,
Mr. JOHN, Mr. ACKERMAN, Mr. JONES
of North Carolina, Mr.
WEYGAND, Mr. ROTHMAN, Mr. DAVIS of Florida, Mr. MEEHAN, Mr.
PALLONE, Mr. FOSSELLA, Mr. EHLERS, Mr. WYNN, Mrs. JOHNSON of
Connecticut, Mr. LAZIO, Mr. GEJDENSON, Mr. GREEN of Texas, Ms.
BROWN of Florida, Mr. BLUMENAUER, Mr. BAIRD, Mr. MCGOVERN, Mr.
DELAHUNT, Ms. WOOLSEY, Ms. ESHOO, Ms. PELOSI, Mr. TIERNEY, Mr.
DEUTSCH, Mr. CASTLE, Mr. HORN, Mr. GILMAN, Mr. FRANKS of New
Jersey, Mr. CUMMINGS, Mr. WEXLER, Mr. CANADY of Florida, Mr.
SMITH of New Jersey, Mr. MICA, Mr. LOBIONDO, Mr. DIAZ-BALART, Ms.
VELA´ZQUEZ, Mr. BASS, Mr. PAYNE, Mr. HINCHEY, Mr. NADLER, Mr.
GANSKE, Mr. MORAN of Virginia, Mr. DEFAZIO, Mr. TAYLOR of Mis-
sissippi, Mr. PASCRELL, Mr. FARR of California, Mr. FILNER, Mr.
KUYKENDALL, Mr. WOLF, Mr. COOKSEY, Ms. EDDIE BERNICE JOHNSON
of Texas, Mr. WAXMAN, Mr. CUNNINGHAM, Mr. LEWIS of California, Mr.
HOEFFEL, Mr. HUNTER, Mr. TANCREDO, Mr. DAVIS of Virginia, Mr. RO-
MERO-BARCELO´, Mr. CALLAHAN, Mr. WHITFIELD, Mr. JEFFERSON, Mrs.
NAPOLITANO, Mr. VITTER, Mr. MCCRERY, Mr. PORTER, Mr. ABER-
CROMBIE, Mr. KING, Mr. EHRLICH, Mrs. FOWLER, Mr. FRELING-
HUYSEN, Mrs. ROUKEMA, Mr. HOLDEN, Mr. SANDERS, Mr. ALLEN, Mr.
PASTOR, Mr. KILDEE, Mr. MATSUI, Mr. GEORGE MILLER of California,
Mr. BALDACCI, Mr. UPTON, Mr. HOUGHTON, Mr. RAMSTAD, Mr. BAKER,
Mr. LEWIS of Kentucky, Mr. TRAFICANT, Mr. WELDON of Florida, Mr.
THOMPSON of Mississippi, Mrs. THURMAN, Mr. LANTOS, Mr. CAMPBELL,
Ms. LOFGREN, Ms. NORTON, Mr. FRANK of Massachusetts, and Mr.
KIND.
JUNE 9, 2000
Reported from the Committee on Resources with an amendment, committed
to the Committee of the Whole House on the State of the Union, and
ordered to be printed
[Strike out all after the enacting clause and insert the part printed in boldface roman]
[For text of introduced bill, see copy of bill as introduced on May 12, 1999]
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.
This Act may be cited as the ‘‘Estuary Restoration Act
of 2000’’.
SEC. 2. PURPOSES.
The purposes of this Act are—
(1) to promote the restoration of 1,000,000 acres
of estuary habitat by 2010;
(2) to promote the restoration of fresh water estu-
ary habitat;
(3) to develop strategies to obtain national and
regional objectives for estuary habitat restoration;
(4) to foster coordination of Federal, State, and
community estuary habitat restoration programs,
plans, and studies;
(5) to establish effective estuary habitat restora-
tion partnerships among public agencies at all levels
of government and between the public and private sec-
tors;
(6) to promote efficient financing of estuary
habitat restoration activities; and
(7) to develop and enhance monitoring and re-
search capabilities to ensure that estuary habitat res-
toration efforts are based on sound scientific under-
standing.
SEC. 3. DEFINITIONS.
In this Act, the following definitions apply:
(1) COUNCIL.—The term ‘‘Council’’ means the
Estuary Habitat Restoration Council established by
section 5.
(2) DEGRADED
ESTUARY
HABITAT.—The term
‘‘degraded estuary habitat’’ means estuary habitat
where natural ecological functions have been impaired
and normal beneficial uses have been reduced.
(3) ESTUARY.—The term ‘‘estuary’’ means a
part of a river or stream or other body of water that
has an unimpaired connection with the open sea and
where the sea water is measurably diluted with fresh
water derived from land drainage. The term also in-
cludes a fresh water estuary.
(4) ESTUARY HABITAT.—
(A) IN GENERAL.—The term ‘‘estuary habi-
tat’’ means the physical, biological, and chemical
elements associated with an estuary, including
the complex of physical and hydrologic features
and living organisms within the estuary and as-
sociated ecosystems.
(B) INCLUDED HABITAT.—The term ‘‘estu-
ary habitat’’ includes salt and fresh water coast-
al marshes, coastal forested wetlands and other
coastal wetlands, maritime forests, coastal grass-
lands, tidal flats, natural shoreline areas, shell-
(16) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of the Army.
(17) SOUTHEAST REGION.—The term ‘‘Southeast
region’’ means the region consisting of the States of
North Carolina, South Carolina, Georgia, and Flor-
ida and the territories of Puerto Rico and the Virgin
Islands.
(18) SOUTHWEST
REGION.—The term ‘‘South-
west region’’ means the region consisting of the States
of California and Hawaii and the territories of Amer-
ican Samoa, Guam, and the Northern Mariana Is-
lands.
(19) STATE.—The term ‘‘State’’ means a State,
the District of Columbia, or a territory in the Gulf,
Great Lakes, Middle Atlantic, Northeast, Northwest,
Southeast, or Southwest Region.
SEC. 4. ESTUARY HABITAT RESTORATION PROGRAM.
(a) ESTABLISHMENT.—There is established an estuary
habitat restoration program under which the Secretary may
carry out estuary habitat restoration projects in accordance
with the requirements of this Act.
(b) SELECTION OF PROJECTS.—
(1) FACTORS TO BE TAKEN INTO ACCOUNT.—In
selecting estuary habitat restoration projects to be
carried out under this Act, the Secretary shall, in
consultation with the Council, take into account the
following factors:
(A) The recommendations of the Council.
(B) Whether the project meets the criteria
specified in the estuary habitat restoration strat-
egy.
(C) The technical merit and feasibility of
the project.
(D) Whether the non-Federal interests pro-
posing the project provide satisfactory assurances
that they will have adequate personnel, funding,
and authority to carry out and properly main-
tain the project.
(E) Whether the project will encourage in-
creased coordination and cooperation among
Federal, State, and local government agencies.
(F) Whether the project fosters public-pri-
vate partnerships and uses Federal resources to
encourage increased private sector involvement,
including consideration of the amount of private
funds or in-kind contributions for an estuary
habitat restoration activity.
(G) Whether the project includes a moni-
toring plan that is consistent with standards for
monitoring developed under section 9 to ensure
that short-term and long-term restoration goals
are achieved.
(H) Other factors that the Secretary deter-
mines to be reasonable and necessary for consid-
eration.
(2) PRIORITY.—In selecting estuary habitat res-
toration projects to be carried out under this Act, the
Secretary shall give priority consideration to a
project if, in addition to meeting the selection criteria
under paragraph (1)—
(A) the project is part of an estuary man-
agement or habitat restoration plan; or
(B) the project occurs within a watershed in
which there is a program being carried out that
addresses sources of pollution and other activities
that otherwise would re-impair the restored habi-
tat.
(3) EXCLUDED PROJECTS.—An estuary habitat
restoration project shall not be eligible to be carried
out under this Act if the project—
(A) constitutes mitigation required under
any Federal or State law for the adverse effects
of an activity regulated or otherwise governed by
Federal or State law; or
(B) constitutes restoration for natural re-
source damages required under any Federal or
State law.
(c) COST SHARING.—
(1) FEDERAL SHARE.—The Federal share of the
cost of an estuary habitat restoration project carried
out under this Act shall not exceed 65 percent of such
cost.
(2) NON-FEDERAL
SHARE.—The non-Federal
share of the cost of an estuary habitat restoration
project carried out under this Act shall include lands,
easements, rights-of-way, and relocations and may in-
clude services, or any other form of in-kind contribu-
tion determined by the Secretary to be an appropriate
contribution equivalent to the monetary amount re-
quired for the non-Federal share of the activity.
(d) INTERIM ACTIONS.—
(1) IN GENERAL.—Pending completion of the es-
tuary habitat restoration strategy to be developed
under section 7, the Secretary may take interim ac-
tions to carry out an estuary habitat restoration ac-
tivity.
(2) FEDERAL SHARE.—The Federal share of the
cost of an estuary habitat restoration activity before
the completion of the estuary habitat restoration
strategy shall not exceed 25 percent of such cost.
(e) COOPERATION OF NON-FEDERAL PARTNERS.—
(1) IN GENERAL.—The Secretary shall not select
an estuary habitat restoration project until a non-
Federal interest has entered into a written agreement
with the Secretary in which the non-Federal interest
agrees to provide all lands, easements, rights-of-way,
and relocations and any other elements the Secretary
determines appropriate under subsection (c)(2).
(2) NONPROFIT ENTITIES.—Notwithstanding sec-
tion 221 of the Flood Control Act of 1970 (42 U.S.C.
1962d–5b(b)), for any project undertaken under this
Act, the Secretary may, after coordination 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
the Secretary determines necessary.
(f) DELEGATION OF PROJECT IMPLEMENTATION.—In
carrying out this Act, the Secretary may delegate project
implementation to another Federal department or agency
on a reimbursable basis if the Secretary determines such
delegation is appropriate.
SEC. 5. ESTABLISHMENT OF ESTUARY HABITAT RESTORA-
TION COUNCIL.
(a) COUNCIL.—There is established a council to be
known as the ‘‘Estuary Habitat Restoration Council’’.
(b) DUTIES.—The Council shall be responsible for—
(1) reviewing project proposals forwarded to the
Council from the Regional Councils and making rec-
ommendations concerning such proposals in accord-
ance with section 8(c);
(2) developing a national strategy for restoration
of estuary habitat; and
(3) periodically reviewing the effectiveness of the
national strategy in meeting the purposes of this Act
and, as necessary, updating the national strategy.
(c) MEMBERSHIP.—The Council shall be composed of
13 members as follows:
(1) The Secretary (or the Secretary’s designee).
(2) The Under Secretary for Oceans and Atmos-
phere of the Department of Commerce (or the Under
Secretary’s designee).
(3) The Administrator of the Environmental
Protection Agency (or the Administrator’s designee).
(4) The Secretary of the Interior, acting through
the Director of the United States Fish and Wildlife
Service (or the Secretary’s designee).
(5) The Secretary of Agriculture (or the Sec-
retary’s designee).
(6) The Secretary of Transportation (or the Sec-
retary’s designee).
(7) One representative from each of the 7 Re-
gional Councils, selected by the Regional Council and
appointed by the Secretary.
(d) APPOINTMENT AND TERMS.—
(1) IN GENERAL.—Except as provided in para-
graph (2), members of the Council under subsection
(c)(7) shall be appointed for a term of 3 years.
(2) INITIAL MEMBERS.—Of the members first ap-
pointed under subsection (c)(7)—
(A) 3 shall be appointed for a term of 1
year;
(B) 2 shall be appointed for a term of 2
years; and
(C) 2 shall be appointed for a term of 3
years.
(3) VACANCIES.—Whenever a vacancy occurs
among members of the Council appointed under sub-
section (c)(7), the Secretary shall appoint an indi-
vidual in accordance with such subsection to fill that
vacancy for the remainder of the applicable term.
(e) PROHIBITION OF COMPENSATION.—Members of the
Council may not receive compensation for their service as
members of the Council.
(f) CHAIRPERSON.—The chairperson shall be elected by
the Council from among its members for a 3-year term, ex-
cept that the first elected chairperson may serve a term of
fewer than 3 years.
(g) CONVENING OF COUNCIL.—
(1) FIRST MEETING.—The Secretary shall con-
vene the first meeting of the Council not later than
60 days after the date of enactment of this Act for the
purpose of electing a chairperson.
(2) ADDITIONAL
MEETINGS.—The chairperson
shall convene additional meetings of the Council as
often as appropriate to ensure that this Act is fully
carried out, but not less often than annually.
(h) COUNCIL PROCEDURES.—The Council shall estab-
lish procedures for voting, the conduct of meetings, and
other matters, as necessary.
(i) PUBLIC PARTICIPATION.—Meetings of the Council
shall be open to the public. The Council shall provide notice
to the public of such meetings.
(j) COORDINATOR.—The Secretary shall appoint a Co-
ordinator who shall—
(1) be educated and experienced in estuary pro-
tection, restoration, and program management;
(2) be responsible, with assistance from the Sec-
retary, for facilitating consideration of estuary habi-
tat restoration projects by the Council and Regional
Councils and otherwise assisting the Council and Re-
gional Councils in carrying out their responsibilities
under this Act; and
(3) be compensated with funds available under
section 10(b).
SEC. 6. ESTABLISHMENT OF REGIONAL COUNCILS.
(a) REGIONAL COUNCILS.—There are established 7 Re-
gional Councils of the Estuary Habitat Restoration Coun-
cil. Each Regional Council shall represent a different one
of the following regions:
(1) The Gulf region.
(2) The Great Lakes region.
(3) The Middle Atlantic region.
(4) The Northeast region.
(5) The Northwest region.
(6) The Southeast region.
(7) The Southwest region.
(b) MEMBERSHIP.—The Governor of each State in the
region represented by the Regional Council may appoint
one representative to the Regional Council. The Regional
Council also may include such other members as the Gov-
ernors shall jointly designate.
(c) NONVOTING MEMBERSHIP.—A Regional Council
may appoint nonvoting members of the Regional Council
from relevant agencies, programs, and organizations,
including—
(1) relevant State agencies and regional and
field staff of relevant Federal agencies; and
(2) representatives of relevant coastal and estu-
ary programs, such as those developed under the
Coastal Zone Management Program or the National
Estuary Program.
(d) CHAIRPERSON.—A Regional Council shall select a
chairperson from among its members.
(e) DUTIES.—A Regional Council shall be responsible
for—
(1) developing a regional strategy that is con-
sistent with the national strategy for the review of
project proposals within the region;
(2) establishing technical criteria for project pro-
posals, which are consistent with the goals and prior-
ities of the regional and national strategies;
(3) soliciting, evaluating, and forwarding to the
Council proposals for estuary habitat restoration
projects;
(4) periodically reviewing the effectiveness of the
regional strategy toward meeting the goals and objec-
tives of the national strategy and recommending and
implementing improvements; and
(5) selecting from among the voting membership
a person to represent the Regional Council on the
Council.
(f) TECHNICAL SUPPORT.—Technical support may be
provided to a Regional Council by regional and field staff
of the Corps of Engineers, the Environmental Protection
Agency, the National Oceanic and Atmospheric Adminis-
tration, the United States Fish and Wildlife Service, the
Department of Agriculture, and the Department of Trans-
portation. The Secretary shall coordinate the provision of
such assistance.
(g) ADMINISTRATIVE SUPPORT SERVICES.—Upon the
request of a Regional Council, the Secretary may provide
to the Regional Council the administrative support services
necessary for the Regional Council to carry out its respon-
sibilities under this Act.
SEC. 7. ESTUARY HABITAT RESTORATION STRATEGY.
(a) IN GENERAL.—Not later than 1 year after the date
of enactment of this Act, the Council, in consultation with
State and other non-Federal entities, including nonprofit
entities, as appropriate, shall develop an estuary habitat
restoration strategy designed to ensure a comprehensive ap-
proach to maximize benefits derived from estuary habitat
restoration projects and to foster the coordination of Federal
and non-Federal activities related to restoration of estuary
habitat.
(b) INTEGRATION OF ESTUARY HABITAT RESTORA-
TION PLANS, PROGRAMS, AND PARTNERSHIPS.—In devel-
oping the estuary habitat restoration strategy, the Council
shall—
(1) conduct a review of—
(A) estuary management or habitat restora-
tion plans; and
(B) Federal programs established under
other laws that authorize funding for estuary
habitat restoration activities;
(2) develop a set of proposals to maximize the in-
centives for the creation of new public-private part-
nerships to carry out estuary habitat restoration
projects and to use Federal resources to encourage in-
creased private sector involvement in estuary habitat
restoration activities; and
(3) ensure that the estuary habitat restoration
strategy is developed and will be implemented in a
manner that is consistent with the estuary manage-
ment or habitat restoration plans.
(c) ELEMENTS TO BE CONSIDERED.—Consistent with
the requirements of this section, the Council in the develop-
ment of the estuary habitat restoration strategy, shall
consider—
(1) the contributions of estuary habitat to—
(A) providing healthy ecosystems in order to
support—
(i) wildlife, including endangered and
threatened species, migratory birds, and
resident species of an estuary watershed;
and
(ii) fish and shellfish, including com-
mercial and recreational fisheries;
(B) surface and ground water quality and
quantity, and flood control;
(C) outdoor recreation and other direct and
indirect values; and
(D) other areas of concern that the Council
determines to be appropriate for consideration;
(2) the estimated historic losses, estimated cur-
rent rate of loss, and extent of the threat of future loss
or degradation of each type of estuary habitat; and
(3) the most appropriate method for selecting a
balance of smaller and larger estuary habitat restora-
tion projects.
(d) ADVICE.—The Council shall seek the advice of ex-
perts in restoration of estuary habitat to assist in the devel-
opment of an estuary habitat restoration strategy.
(e) PUBLIC REVIEW AND COMMENT.—Before the Coun-
cil adopts a final estuary habitat restoration strategy, the
Secretary shall publish in the Federal Register a draft of
the estuary habitat restoration strategy and provide an op-
portunity for public review and comment.
(f) PERIODIC REVISION.—Using data and information
developed through project monitoring and management,
and other relevant information, the Council may periodi-
cally review and update, as necessary, the estuary habitat
restoration strategy.
SEC. 8. ESTUARY HABITAT RESTORATION PROJECT PRO-
POSALS.
(a) IN GENERAL.—A proposed estuary habitat restora-
tion project shall originate from a non-Federal interest, in-
cluding States or other non-Federal entities, consistent with
State or local laws.
(b) REVIEW BY REGIONAL COUNCILS.—
(1) IN GENERAL.—A non-Federal interest may
submit a proposed estuary habitat restoration project
to the appropriate Regional Council for review.
(2) TECHNICAL ASSISTANCE.—A Regional Coun-
cil receiving a proposal from a non-Federal interest
under paragraph (1) shall provide, as necessary, tech-
nical assistance to the non-Federal interest to ensure
that the proposal is complete.
(3) REVIEW.—A Regional Council shall select for
each fiscal year those proposals for estuary habitat
restoration projects that the Regional Council deter-
mines are eligible to be carried out under this Act
under the factors specified in section 4(b)(1) and shall
transmit such proposals to the Council for further re-
view.
(c) CONSIDERATION BY COUNCIL.—The Council shall
review the proposed estuary habitat restoration projects
transmitted to the Council by a Regional Council under
subsection (b) and, based on the factors specified in section
4(b)(1), shall recommend to the Secretary a priority order
for carrying out such projects. The Council’s recommenda-
tion shall include a recommendation as to whether a project
should be carried out by the Secretary or by another Federal
department or agency under section 4(f).
SEC. 9. MONITORING AND MAINTENANCE OF ESTUARY
HABITAT RESTORATION PROJECTS.
(a) DATABASE OF RESTORATION PROJECT INFORMA-
TION.—The Under Secretary for Oceans and Atmosphere of
the Department of Commerce, in consultation with the Sec-
retary, shall develop and maintain an appropriate data-
base of information concerning estuary habitat restoration
projects carried out under this Act, including information
on project techniques, project completion, monitoring data,
and other relevant information.
(b) MONITORING DATA STANDARDS.—The Under Sec-
retary for Oceans and Atmosphere of the Department of
Commerce, in consultation with the Secretary, shall develop
standard data formats for monitoring projects, along with
requirements for types of data collected and frequency of
monitoring.
(c) REPORT.—
(1) IN GENERAL.—The Secretary, in consultation
with the Council, shall submit a report to Congress at
the end of the third and fifth fiscal years following the
date of enactment of this Act on the results of activi-
ties carried out under this Act.
(2) CONTENTS
OF
REPORT.—A report under
paragraph (1) shall include—
(A) data on the number of acres of estuary
habitat restored under this Act, including the
number of projects approved and completed that
comprise those acres;
(B) the percentage of restored estuary habi-
tat 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 implemen-
tation of estuary habitat restoration projects;
(E) a review of efforts made to maintain an
appropriate database of restoration projects car-
ried out under this Act; 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. 10. FUNDING.
(a) AUTHORIZATION OF APPROPRIATIONS.—
(1) 
ESTUARY
HABITAT
RESTORATION
PROJECTS.—There is authorized to be appropriated to
the 
Secretary 
for 
estuary 
habitat 
restoration
projects—
(A) $40,000,000 for fiscal year 2001;
(B) $50,000,000 for fiscal year 2002; and
(C) $75,000,000 for each of fiscal years
2003 through 2005.
Such amounts shall remain available until ex-
pended.
(2) MONITORING.—There is authorized to be ap-
propriated to the Under Secretary for Oceans and At-
mosphere of the Department of Commerce for the ac-
quisition, maintenance, and management of moni-
toring data on restoration projects carried out under
this Act, $2,000,000 for each of fiscal years 2001
through 2005. Such amounts shall remain available
until expended.
(b) SET-ASIDE FOR ADMINISTRATIVE EXPENSES OF
THE COUNCIL AND REGIONAL COUNCILS.—Not to exceed 3
percent of the amounts appropriated for a fiscal year under
subsection (a)(1) or $2,000,000, whichever is greater, may
be used by the Secretary for administration and operation
of the Council and Regional Councils.
SEC. 11. GENERAL PROVISIONS.
(a) 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 Development Act of
1990 (33 U.S.C. 2316).
(b) AGENCY CONSULTATION AND COORDINATION.—In
carrying out this Act, the Secretary shall, as necessary, con-
sult with, cooperate with, and coordinate its activities with
the activities of other Federal departments and agencies.
(c) COOPERATIVE AGREEMENTS; MEMORANDA OF UN-
DERSTANDING.—In carrying out this Act, the Secretary
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.
(d) FEDERAL AGENCY FACILITIES AND PERSONNEL.—
Federal agencies may cooperate in carrying out scientific
and other programs necessary to carry out this Act, and
may provide facilities and personnel, for the purpose of as-
sisting the Council in carrying out its duties under this
Act.
(e) APPLICATION OF FEDERAL ADVISORY COMMITTEE
ACT.—The Council and Regional Councils shall not be con-
sidered advisory committees under the Federal Advisory
Committee Act (5 U.S.C. App.).
(f) IDENTIFICATION AND MAPPING OF DREDGED MA-
TERIAL DISPOSAL SITES.—In consultation with appro-
priate Federal and non-Federal public entities, the Sec-
retary shall undertake, and update as warranted by
changed conditions, surveys to identify and map sites ap-
propriate for beneficial uses of dredged material for the pro-
tection, restoration, and creation of aquatic and ecologically
related habitats, including wetlands, in order to further the
purposes of this Act.
(g) STUDY OF BIOREMEDIATION TECHNOLOGY.—
(1) IN GENERAL.—Not later than 180 days after
the date of enactment of this Act, the Administrator
of the Environmental Protection Agency, with the full
participation of the estuarine scientific community,
shall begin a 2-year study on the efficacy of bio-
remediation products.
(2) REQUIREMENTS.—The study shall—
(A) evaluate and assess bioremediation
technology—
(i) on low-level petroleum hydrocarbon
contamination from recreational boat bilges;
(ii) on low-level petroleum hydrocarbon
contamination from stormwater discharges;
(iii) on nonpoint petroleum hydro-
carbon discharges; and
(iv) as a first response tool for petro-
leum hydrocarbon spills; and
(B) recommend management actions to op-
timize the return of a healthy and balanced eco-
system and make improvements in the quality
and character of estuarine waters.
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Estuary Res-
toration Act of 2000’’.
SEC. 2. PURPOSES.
The purposes of this Act are—
(1) to establish an Estuary Restora-
tion Council to coordinate existing Fed-
eral estuary restoration programs and to
select estuary restoration projects for
Federal assistance;
(2) to develop a national estuary res-
toration strategy for creating and main-
taining effective estuary restoration part-
nerships among public agencies at all lev-
els of government and to establish new
partnerships between the public and pri-
vate sectors, including agricultural inter-
ests and estuary users;
(3) to provide Federal assistance for
estuary restoration projects and to pro-
mote efficient financing of such projects;
and
(4) to develop and enhance moni-
toring and research capabilities for estu-
ary restoration projects to ensure that
such projects are based on sound science
and to create a national database of estu-
ary restoration information.
SEC. 3. DEFINITIONS.
For the purposes of this Act, the following
definitions apply:
(1) 
COUNCIL.—The 
term 
‘‘Council’’
means the Estuary Restoration Council
established by section 4.
(2) ESTUARY.—
(A) IN GENERAL.—The term ‘‘estu-
ary’’ has the meaning given the terms
‘‘estuarine zones’’ and ‘‘estuary’’ in
section 104(n)(4) of the Federal Water
Pollution 
Control 
Act 
(33 
U.S.C.
1254(n)(4)).
(B) NEAR
COASTAL
WATERS
AND
WETLANDS OF THE GREAT LAKES.—In ad-
dition to areas covered under sub-
paragraph (A), near coastal waters
and wetlands of the Great Lakes that
are similar in form and function to
estuaries shall be eligible for assist-
ance under this Act.
(3) ESTUARY RESTORATION.—
(A) IN GENERAL.—The term ‘‘estu-
ary restoration’’ means an activity
that results in improving degraded
estuaries or creating habitat (includ-
ing both physical and functional res-
toration), with the goal of attaining a
self-sustaining system integrated into
the surrounding landscape.
(B) 
INCLUDED
ACTIVITIES.—The
term ‘‘estuary restoration’’ includes—
(i) the reestablishment of the
physical 
features, 
hydrology,
chemistry, and biological compo-
nents associated with an estuary;
(ii) except as provided in sub-
paragraph (C), the cleanup of con-
tamination related to the restora-
tion an estuary;
(iii) the control of non-native
and invasive species in the estu-
ary;
(iv) the reintroduction of spe-
cies native to the estuary, includ-
ing through such means as plant-
ing or promoting natural succes-
sion;
(v) the construction of reefs to
promote fish and shellfish pro-
duction and to provide habitat for
living resources; and
(vi) other activities that im-
prove the quality of an estuary
for human users, fish, wildlife,
and other living resources.
(C) 
EXCLUDED
ACTIVITIES.—The
term ‘‘estuary restoration’’ does not
include—
(i) an act that constitutes
mitigation for the adverse effects
of an activity regulated or other-
wise required by Federal or State
law; or
(ii) an act that constitutes res-
titution for natural resource dam-
ages required under any Federal
or State law.
(4) 
PROJECT.—The 
term 
‘‘project’’
means an estuary restoration project
under consideration or selected by the
Council under section 5 to receive finan-
cial, technical, or another form of assist-
ance.
(5) FEDERAL ESTUARY MANAGEMENT OR
HABITAT RESTORATION PLAN.—
(A) IN GENERAL.—The term ‘‘Fed-
eral estuary management or habitat
restoration plan’’ means any Federal
plan for the restoration of an estuary
or degraded estuary habitat that was
developed with the substantial par-
ticipation of appropriate public and
private stakeholders.
(B) INCLUDED
PLANS
AND
PRO-
GRAMS.—The term ‘‘Federal estuary
management or habitat restoration
plan’’ includes—
(i) a comprehensive conserva-
tion and management plan ap-
proved under section 320 of the
Federal Water Pollution Control
Act (33 U.S.C. 1330);
(ii) a plan submitted under
section 118 of the Federal Water
Pollution Control Act (33 U.S.C.
1268);
(iii) a management program
containing 
estuary 
restoration
components approved under the
Coastal Zone Management Act of
1972 (16 U.S.C. 1451 et seq.); and
(iv) the interstate manage-
ment plan developed pursuant to
the 
Chesapeake 
Bay 
Program
under section 117 of the Federal
Water Pollution Control Act (33
U.S.C. 1267).
(6) INDIAN
TRIBE.—The term ‘‘Indian
tribe’’ has the meaning given such term
by section 4 of the Indian Self-Determina-
tion and Education Assistance Act (25
U.S.C. 450b).
(7) NON-FEDERAL INTEREST.—The term
‘‘non-Federal interest’’ means a State, a
political subdivision of a State, an Indian
tribe, or a regional or interstate agency.
(8) SECRETARY.—The term ‘‘Secretary’’
means the Secretary of the Army.
(9) STATE.—The term ‘‘State’’ has the
meaning given the term ‘‘coastal State’’
under section 304(4) of the Coastal Zone
Management 
Act 
of 
1972 
(16 
U.S.C.
1453(4)), except that for the purposes of
this Act, such term shall include the Dis-
trict of Columbia.
(10) 
UNDER
SECRETARY.—The 
term
‘‘Under Secretary’’ means the Under Sec-
retary for Oceans and Atmosphere of the
Department of Commerce.
SEC. 
4. 
ESTABLISHMENT 
OF 
ESTUARY 
RESTORATION
COUNCIL.
(a) IN GENERAL.—There is established an
interagency council to be known as the Estu-
ary Restoration Council.
(b) DUTIES.—The Council shall—
(1) develop and transmit to the Com-
mittee on Resources and the Committee
on Transportation and Infrastructure of
the House of Representatives and the
Committee on Environment and Public
Works of the Senate a national strategy
for estuary restoration pursuant to sec-
tion 5 and periodically review and update
the strategy;
(2) determine the eligibility and pri-
ority of project applications submitted
under section 6;
(3) provide advice in the development
of the database and monitoring standards
under section 7; and
(4) prepare and submit the report re-
quired under section 8.
(c) MEMBERSHIP.—
(1) IN GENERAL.—The Council shall be
composed of the following members:
(A) The Secretary.
(B) The Under Secretary.
(C) The Administrator of the En-
vironmental Protection Agency.
(D) The Secretary of the Interior
(acting through the Director of the
United States Fish and Wildlife Serv-
ice).
(E) The Secretary of Agriculture.
(2) EX
OFFICIO
MEMBERS.—The Presi-
dent may designate the head of any other
Federal agency to serve as an ex officio
member of the Council.
(3) 
CHAIRPERSON
AND
VICE-CHAIR-
PERSON.—The Secretary shall serve as the
chairperson of the Council. The Under
Secretary shall serve as the vice-chair-
person of the Council.
(d) MEETINGS.—The chair or vice-chair
shall—
(1) convene the first meeting of the
Council not later than 90 days after the
date of enactment of this Act; and
(2) convene additional meetings, as
often as appropriate (but not less often
than annually), to select projects, and de-
velop a priority order of such projects,
for funding under section 6.
(e) PROCEDURES.—
(1) QUORUM.—Three members of the
Council shall constitute a quorum.
(2) 
VOTING
AND
MEETING
PROCE-
DURES.—The Council shall establish pro-
cedures for voting and the conduct of
meetings.
(f) ADVISORY BOARD.—
(1) IN GENERAL.—The Council may es-
tablish an advisory board (in this sub-
section referred to as the ‘‘board’’) to pro-
vide advice and recommendations to the
Council on the strategy developed pursu-
ant to section 5 and on the selection and
prioritization 
of 
projects 
submitted
under section 6.
(2) MEMBERS.—The Council shall ap-
point members of the board representing
diverse public and private interests.
Members of the board shall be selected
such that the board consists of—
(A) 2 members representing State
agencies with expertise in aquatic
habitat restoration;
(B) 2 members representing local
or regional government agencies with
expertise in aquatic habitat restora-
tion;
(C) 2 members with recognized
academic 
scientific 
expertise 
in
aquatic habitat restoration;
(D) 2 members representing non-
governmental organizations with ex-
pertise in aquatic habitat restoration;
(E) 2 members representing estu-
ary users;
(F) 1 member representing agri-
cultural interests;
(G) 1 member representing Indian
tribes; and
(H) 1 at-large member.
(3) TERMS.—
(A) IN
GENERAL.—Except as pro-
vided by subparagraph (B), members
of the board shall be appointed for a
term of 3 years.
(B) 
INITIAL
MEMBERS.—As 
des-
ignated by the chairperson of the
Council at the time of appointment,
of the members first appointed—
(i) 4 shall be appointed for a
term of 1 year; and
(ii) 4 shall be appointed for a
term of 2 years.
(4) VACANCIES.—Whenever a vacancy
occurs among members of the board, the
Council shall appoint an appropriate in-
dividual to fill that vacancy for the re-
mainder of the applicable term.
(5) BOARD
LEADERSHIP.—The board
shall elect among its members a chair-
person of the board and a vice-chair-
person of the board to represent the
board in matters related to its duties
under this Act.
(6) COMPENSATION.—Members of the
board shall not be construed to be em-
ployees of the United States, and may not
receive compensation for their service as
members of the board, except that while
engaged in the performance of their du-
ties away from their homes or regular
place of business, members of the board
may be allowed necessary travel ex-
penses as authorized by section 5703 of
title 5, United States Code.
SEC. 5. ESTUARY RESTORATION STRATEGY.
(a) IN GENERAL.—Not later than 1 year
after the date of enactment of this Act, the
Council shall develop and transmit to the
Committee on Resources and the Committee
on Transportation and Infrastructure of the
House of Representatives and the Committee
on Environment and Public Works of the Sen-
ate an estuary restoration strategy designed
to promote estuary restoration nationwide
and improve coordination among existing
Federal estuary restoration activities and be-
tween Federal and non-Federal estuary res-
toration activities. Such strategy shall include
proposals for—
(1) using programs established under
this Act or any other Act to maximize the
incentives for the creation of new public-
private partnerships to carry out estuary
restoration projects;
(2) using Federal resources to encour-
age increased private sector involvement
in estuary restoration activities;
(3) ensuring that the strategy will be
implemented in a manner that is con-
sistent with the requirements of Federal
estuary management or habitat restora-
tion plans;
(4) ensuring the long term conserva-
tion of lands and waters restored, en-
hanced, or otherwise managed under this
Act; and
(5) ensuring an equitable geographic
distribution of projects funded under this
Act.
(b) CONSIDERATION
OF EXISTING FEDERAL
PLANS, PROGRAMS, AND PARTNERSHIPS.—In de-
veloping the estuary restoration strategy, the
Council shall conduct a review of—
(1) Federal estuary management or
habitat restoration plans; and
(2) 
Federal 
programs 
established
under other laws that provide funding
for estuary or coastal wetland restoration
activities.
(c) PUBLIC PARTICIPATION.—The Council
shall publish in the Federal Register a draft
of the estuary restoration strategy and pro-
vide an opportunity for public review and
comment. In developing the estuary restora-
tion strategy, the Council shall seek advice
from the advisory board established under
section 4(f).
(d) PERIODIC REVISION.—Using data and
information developed through project moni-
toring and management, and other relevant
information, the Council may, as necessary,
seek advice from the advisory board to peri-
odically review and update the estuary res-
toration strategy. The Council shall transmit
any updates of the estuary restoration strat-
egy to Congress, after providing for appro-
priate public review and comment.
SEC. 6. ESTUARY RESTORATION PROJECTS.
(a) IN GENERAL.—The Council may provide
assistance to non-Federal interests for car-
rying out estuary restoration projects that are
consistent with this Act. In carrying out this
section, the Council shall develop guidelines
for reviewing and prioritizing estuary res-
toration projects. Such guidelines shall en-
sure a comprehensive approach to the selec-
tion and prioritization of estuary restoration
projects.
(b) APPLICATIONS FOR ASSISTANCE.—A non-
Federal interest may submit to the Council
for consideration under subsection (c) an ap-
plication for assistance in carrying out an es-
tuary restoration project.
(c) SELECTION OF PROJECTS.—
(1) IN GENERAL.—The Council shall re-
view applications for estuary restoration
projects submitted under subsection (b).
Based on the criteria specified in para-
graphs (2) and (3), the Council shall de-
termine the eligibility of each project and
establish a priority order for carrying out
such projects.
(2) SELECTION CRITERIA.—The Council
may not select a project for funding
under this section unless—
(A) the project addresses restora-
tion needs identified in an approved
Federal estuary management or habi-
tat restoration plan;
(B) the project promotes—
(i) the restoration of habitat
for fish and wildlife, including
shellfish, endangered and threat-
ened species, migratory and resi-
dent birds, and commercial and
sport fish species;
(ii) the improvement of sur-
face and ground water quality
and quantity; or
(iii) the restoration of phys-
ical features and hydrologic func-
tions, including flood control;
(C) after the Council publishes
the 
estuary 
restoration 
strategy
under section 5, the project is con-
sistent with the strategy;
(D) the project is cost effective,
based on sound science, and tech-
nically feasible;
(E) the non-Federal interest pro-
posing the project demonstrates that
adequate personnel, funding, and au-
thority exists to carry out and prop-
erly maintain the project;
(F) the State in which the non-
Federal interest is proposing the
project has a dedicated source of
funding to acquire or restore habitat,
natural areas, and open spaces;
(G) the project will encourage the
increased coordination and coopera-
tion of Federal, State, and local gov-
ernment agencies;
(H) the project includes a moni-
toring plan to ensure that short-term
and long-term restoration goals are
achieved; and
(I) there is an effective program
or plan within the watershed of the
project to ensure the long-term con-
servation of lands and waters re-
stored, enhanced, or otherwise man-
aged by the project.
(3) 
PRIORITY
ESTUARY
RESTORATION
PROJECTS.—An estuary restoration project
shall be given a higher priority in receipt
of funding under this section if, in addi-
tion to meeting the selection criteria
specified in paragraph (2)—
(A) the non-Federal share of the
total costs of the project exceeds 50
percent; or
(B) the project includes pilot test-
ing or a demonstration of an innova-
tive technology having the potential
for improved cost-effectiveness in es-
tuary restoration.
(d) NON-FEDERAL INTEREST.—The Council
may, upon recommendation of the Governor
of the State and in consultation with respon-
sible officials from local political jurisdictions
in which a project would occur, allow a non-
governmental organization to serve as the
non-Federal interest.
(e) LEAD FEDERAL AGENCY.—The Council
shall designate a lead Council member for
each 
estuary 
restoration 
project 
funded
under this section. The lead Council member
shall have primary responsibility for over-
seeing and assisting in project implementa-
tion.
(f) COST SHARING OF ESTUARY HABITAT RES-
TORATION PROJECTS.—
(1) WRITTEN AGREEMENT.—
(A) 
CONSTRUCTION
COSTS.—The
Council shall not provide any assist-
ance 
for 
an 
estuary 
restoration
project until all appropriate non-Fed-
eral interests have entered into a
written agreement with the lead Fed-
eral agency designated under sub-
section (e) in which the non-Federal
interests agree to provide the re-
quired non-Federal share of the cost
of the project.
(B) OPERATION, MAINTENANCE, RE-
PLACEMENT, 
AND
REHABILITATION
COSTS.—An agreement entered into
under this paragraph shall require
that the non-Federal interest pay 100
percent of any operation, mainte-
nance, replacement, and rehabilita-
tion costs of the estuary restoration
project to the extent prescribed by
the Council.
(2) FEDERAL SHARE.—
(A) IN
GENERAL.—Except as pro-
vided in subparagraph (B), the Fed-
eral share of the cost of an estuary
restoration project under this section
shall not exceed 50 percent of the
total cost of the project.
(B) 
INTERIM
ACTIONS.—Pending
completion of the estuary restoration
strategy under section 5, the Federal
share of the cost of an interim action
to carry out an estuary restoration
project shall not exceed 25 percent of
the cost of the interim action.
(3) NON-FEDERAL
SHARE.—A non-Fed-
eral interest shall provide at least 50 per-
cent of the cost of any project carried out
under this section including provision of
all lands, easements, rights-of-way, serv-
ices, and relocations.
SEC. 7. MONITORING, RESEARCH, AND PEER REVIEW OF
ESTUARY RESTORATION PROJECTS.
(a) NATIONAL CLEARINGHOUSE OF ESTUARY
RESTORATION PROJECT INFORMATION.—
(1) IN GENERAL.—The Under Secretary
shall maintain a database of information
related to estuary restoration projects,
including projects funded under section
6. Such database shall include informa-
tion on project goals and accomplish-
ments, techniques used to restore habi-
tat, costs of project completion, moni-
toring data, and other information that
the Council determines to be relevant.
(2) MONITORING DATA STANDARDS.—The
Under Secretary, in consultation with the
Council, shall develop quality control re-
quirements and standard data formats
for estuary restoration monitoring data,
along with requirements for types of data
collected and frequency of monitoring.
(3) 
COORDINATION
OF
DATA.—The
Under Secretary shall compile informa-
tion pertaining to estuary restoration
projects from other Federal, State, and
local sources provided that the informa-
tion meets the quality control require-
ments and data standards established
under this subsection.
(4) USE
OF
EXISTING
PROGRAMS.—The
Under Secretary shall use existing pro-
grams within the National Oceanic and
Atmospheric Administration to create
and 
maintain 
the 
database 
required
under this subsection.
(5) PUBLIC
AVAILABILITY.—The Under
Secretary shall make the information col-
lected and maintained under this sub-
section available to the public.
(b) ESTUARY RESTORATION RESEARCH AND
INNOVATION.—The Under Secretary shall de-
velop and enhance monitoring and research
capabilities, through use of existing pro-
grams, including the environmental tech-
nology innovation program associated with
the National Estuarine Research Reserve Sys-
tem established by section 315 of the Coastal
Zone Management Act of 1972 (16 U.S.C. 1461),
to ensure that restoration efforts are based on
sound science and innovative technologies.
(c) PEER REVIEW.—The Council shall estab-
lish a procedure for providing scientific peer
review, coordinated through the National Es-
tuary Research Reserve System established
by section 315 of the Coastal Zone Manage-
ment Act of 1972 (16 U.S.C. 1461), of estuary
restoration projects submitted under section
6.
SEC. 8. REPORT.
(a) IN GENERAL.—The Council shall bienni-
ally transmit to the States, the Committee on
Resources and the Committee on Transpor-
tation and Infrastructure of the House of Rep-
resentatives, and the Committee on Environ-
ment and Public Works of the Senate a report
on the results of activities carried out under
this Act.
(b) CONTENTS OF REPORT.—A report trans-
mitted under subsection (a) shall include—
(1) the number of acres of estuary
habitat restored under this Act and the
status of other acres in need of restora-
tion;
(2) descriptions of, and partners in-
volved 
with, 
projects 
selected, 
in
progress, and completed under this Act;
(3) information related to ongoing
monitoring of projects to ensure that
short-term 
and 
long-term 
restoration
goals are achieved;
(4) an estimate of the long-term suc-
cess of varying restoration techniques
used in carrying out estuary restoration
projects;
(5) a review of how the information
described in paragraphs (1) through (4)
has been incorporated in the selection
and implementation of estuary habitat
restoration projects;
(6) a review of efforts made to main-
tain a database of restoration projects;
and
(7) a review of the measures taken to
provide the information described in sub-
paragraphs (1) through (4) to persons
with responsibility for restoring estu-
aries;
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
(a) 
AUTHORIZATION
FOR
RESTORATION
PROJECTS.—
(1) IN GENERAL.—There is authorized
to be appropriated to the Secretary to
carry out estuary restoration projects
under this Act $50,000,000 for each of fis-
cal years 2002, 2003, and 2004. Such
amounts shall remain available until ex-
pended.
(2) SET-ASIDE FOR ADMINISTRATIVE EX-
PENSES OF THE COUNCIL.—Of the amounts
appropriated for a fiscal year under this
subsection, not more than $1,000,000 may
be used by the Secretary for administra-
tion and operation of the Council and ad-
visory board.
(3) DISTRIBUTION
OF
APPROPRIATIONS
FOR
ESTUARY
RESTORATION
ACTIVITIES.—
The Secretary shall allocate funds made
available to carry out this Act to the
members of the Council, based on the
need for the funds and such other factors
as the Council determines to be appro-
priate to carry out this Act.
(b) AUTHORIZATION FOR MONITORING DATA-
BASE.—There is authorized to be appropriated
to the Under Secretary for the acquisition,
maintenance, and management of monitoring
data on restoration projects carried out under
this Act $1,000,000 for each of fiscal years
2002, 2003, and 2004. Such amounts shall re-
main available until expended.
SEC. 10. AGENCY CONSULTATION AND COORDINATION.
(a) IN GENERAL.—In carrying out this Act,
the Council shall, as necessary, consult with,
cooperate with, and coordinate its activities
with the activities of other appropriate Fed-
eral agencies.
(b) COOPERATIVE AGREEMENTS; MEMORANDA
OF UNDERSTANDING.—In carrying out this Act,
the Council may enter into cooperative agree-
ments and memoranda of understanding with
Federal agencies and non-Federal interests.
(c) FEDERAL AGENCY FACILITIES AND PER-
SONNEL.—Federal agencies may cooperate in
carrying out scientific and other programs
necessary to carry out this Act, and may pro-
vide facilities and personnel for the purpose
of assisting the Council in carrying out its du-
ties under this Act.
(d) 
REIMBURSEMENT.—Federal 
agencies
may accept reimbursement from the Council
for providing services, facilities, and per-
sonnel under subsection (c).
Union Calendar No. 366
106TH CONGRESS
2D SESSION
H. R. 1775
[Report No. 106–561, Parts I and II]
A BILL
To catalyze restoration of estuary habitat through
more efficient financing of projects and enhanced
coordination of Federal and non-Federal restora-
tion programs, and for other purposes.
JUNE 9, 2000
Reported from the Committee on Resources with an
amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be
printed