II 
Calendar No. 472 
111TH CONGRESS 
2D SESSION 
H. R. 5301 
IN THE SENATE OF THE UNITED STATES 
JULY 21, 2010 
Received; read twice and placed on the calendar 
AN ACT 
To extend the period during which the Administrator of 
the Environmental Protection Agency and States are pro-
hibited from requiring a permit under section 402 of 
the Federal Water Pollution Control Act for certain dis-
charges that are incidental to normal operation of ves-
sels, to reauthorize the National Estuary Program, and 
for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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HR 5301 PCS 
TITLE I—NATIONAL POLLUTANT 
DISCHARGE 
ELIMINATION 
SYSTEM 
SEC. 101. DISCHARGES INCIDENTAL TO NORMAL OPER-
ATION OF VESSELS. 
Public Law 110–299 (122 Stat. 2995, 33 U.S.C. 
1342 note) is amended in section 2(a) by striking ‘‘during 
the 2-year period beginning on the date of enactment of 
this Act’’ and inserting ‘‘during the period beginning on 
the date of enactment of this Act and ending December 
18, 2013’’. 
TITLE II—CLEAN ESTUARIES 
SEC. 201. SHORT TITLE. 
This title may be cited as the ‘‘Clean Estuaries Act 
of 2010’’. 
SEC. 202. 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— 
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‘‘(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 
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; 
‘‘(ii) the development and implementa-
tion of adaptation strategies; and 
‘‘(iii) the impacts of changes in sea 
level on estuarine water quality, estuarine 
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habitat, and infrastructure located in the 
estuary; 
‘‘(E) increases public education and aware-
ness with respect to— 
‘‘(i) the ecological health of the estu-
ary; 
‘‘(ii) the water quality conditions of 
the estuary; and 
‘‘(iii) ocean, estuarine, land, and at-
mospheric connections and interactions; 
‘‘(F) identifies and assesses impairments, 
including upstream impairments, coming from 
outside of the area addressed by the plan, and 
the sources of those impairments; 
‘‘(G) includes performance measures and 
goals to track implementation of the plan; and 
‘‘(H) includes a coordinated monitoring 
strategy for Federal, State, and local govern-
ments and other entities.’’. 
(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: 
‘‘(6) monitor (and make results available to the 
public regarding)— 
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‘‘(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-
ignated) is amended by striking ‘‘paragraph (7)’’ 
and inserting ‘‘paragraph (8)’’. 
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the findings and recommendations of the Adminis-
trator. 
‘‘(4) AVAILABILITY.—The Administrator shall 
make a report issued under this subsection available 
to management conferences convened under this sec-
tion and the public, including through publication in 
the Federal Register and on the Internet.’’. 
(i) 
CONVENING
OF
CONFERENCE.—Section 
320(a)(2) of such Act (33 U.S.C. 1330(a)(2)) is amend-
ed— 
(1) by striking ‘‘(2) CONVENING
OF
CON-
FERENCE.—’’ and all that follows through ‘‘In any 
case’’ and inserting the following: 
‘‘(2) CONVENING
OF
CONFERENCE.—In any 
case’’; and 
(2) by striking subparagraph (B). 
(j) GREAT LAKES ESTUARIES.—Section 320(m) of 
such Act (as redesignated by subsection (d) of this sec-
tion) is amended by striking the subsection designation 
and all that follows through ‘‘and those portions of tribu-
taries’’ and inserting the following: 
‘‘(m) DEFINITIONS.—In this section, the terms ‘estu-
ary’ and ‘estuarine zone’ have the meanings such terms 
have in section 104(n)(4), except that— 
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