‘‘(D) termination of the management con-
ference would promote the restoration and
maintenance of the chemical, physical, and bio-
logical integrity of the estuary, including the
factors specified in subsection (b)(6).’’.
(g) APPROVAL AND IMPLEMENTATION OF CONSERVA-
TION AND MANAGEMENT PLANS; PUBLIC REVIEW AND
COMMENT.—Section 320(h) of the Federal Water Pollu-
tion Control Act, as redesignated by subsection (c)(1), is
amended to read as follows:
‘‘(h) APPROVAL AND IMPLEMENTATION OF PLANS
AND INTERIM ACTIONS.—
‘‘(1) APPROVAL OF PLANS.—Not later than 120
days after the date of the completion of a conserva-
tion and management plan and after providing for
public review and comment, the Administrator shall
approve such plan if—
‘‘(A) it complies with the applicable guid-
ance document published under subsection (c);
‘‘(B) it meets the requirements of this sec-
tion;
‘‘(C) it specifies the implementation re-
sponsibilities, including funding responsibilities
and implementation schedules, of the Federal
Government and of State and local governments
that participated in the development of the
plan, ensures that the lowest cost and least en-
vironmentally damaging alternatives for achiev-
ing specified goals have been selected, and sets
priorities for funding to ensure that measures
to address the most serious pollution problems
will be funded first;
‘‘(D) the affected Governor or Governors
concur;
‘‘(E) the affected Governor or Governors
certify that they have the authority to under-
take the actions called for in the plan;
‘‘(F) the Administrator determines that
each action called for in the plan is necessary
to protect, restore, and maintain the chemical,
physical, and biological integrity of the Nation’s
waters, is cost-effective, and will not alter or de-
stroy aquatic habitat; and
‘‘(G) the Director of the United States
Fish and Wildlife Service and Assistant Admin-
istrator of the National Marine Fisheries Serv-
ice concur in the Administrator’s initial deter-
mination under subparagraph (F) and in the
Administrator’s final approval of the plan under
this section.
‘‘(2) APPROVAL
OF
INTERIM
ACTIONS.—The
Administrator shall approve an interim action to
protect the water quality of an estuary for which a
conservation and management plan is being devel-
oped if the action meets the requirements set forth
in paragraph (1) (A) through (D).
‘‘(3) PUBLIC REVIEW AND COMMENT.—The Ad-
ministrator shall, before approving a conservation
and management plan, publish in the Federal Reg-
ister a draft of the plan and provide an opportunity
for public review and comment on the plan pursuant
to section 553 (b) through (e) of title 5, United
States Code.
‘‘(4) IMPLEMENTATION.—Upon approval of a
conservation and management plan or interim ac-
tions under this section, the Administrator, as a
nondiscretionary duty, shall ensure that the Federal
responsibilities and commitments under the plan or
interim action are complied with and implemented in
accordance with the guidance document. The Admin-
istrator shall—
‘‘(A) provide assistance to the management
conference, including administrative and tech-
nical assistance, for monitoring implementation
of the plan or interim action;
‘‘(B) coordinate Federal programs nec-
essary for implementing the plan or interim
action;
‘‘(C) make recommendations to the man-
agement conference on enforcement and tech-
nical assistance activities necessary to ensure
compliance with and implementation of the plan
or interim action;
‘‘(D) collect and make available to the pub-
lic, publications and other forms of information
relating to implementation of the plan or in-
terim action; and
‘‘(E) make grants under the authority pro-
vided by this title.
‘‘(5) FUNDING.—Funds authorized to be appro-
priated under titles II and VI, section 319, and this
section may be used in accordance with the applica-
ble requirements of this Act to assist States with the
implementation of such conservation and manage-
ment plans. Funds authorized to be appropriated
under section 319 and this section may also be used
in accordance with the applicable requirements of
this Act to assist States with the implementation of
such interim actions.
‘‘(6) CONSISTENCY.—Upon approval of a con-
servation and management plan or interim action
under this section, no Federal financial assistance,
project, or activity may be provided or approved that
is inconsistent with such plan unless the Adminis-
trator, the Assistant Director of the United States
Fish and Wildlife Service, and the Assistant Admin-
istrator of the National Marine Fisheries Service
each determines that such assistance, project, or ac-
tivity will provide greater protection to the integrity
of natural aquatic habitat or water or sediment qual-
ity in the estuary than such plan or interim action
would otherwise provide, and will not alter or de-
stroy aquatic habitat. Nothing in this section, any
conservation or management plan, or any interim ac-
tion shall supersede any requirement of this Act or
any other Federal law.’’.
(h) HABITAT PROTECTION.—Section 320 of the Fed-
eral Water Pollution Control Act (33 U.S.C. 1330) is
amended by adding at the end the following:
‘‘(o) HABITAT PROTECTION.—No project or activity
that is located in whole or in part in waters of the United
States or which in whole or in part serves new develop-
ment located in such waters shall be included in a con-
servation and management plan or a State estimate of
needs under this section unless the Administrator, the Di-
rector of the United States Fish and Wildlife Service, and
the Assistant Administrator of the National Marine Fish-
eries Service each determines that—
‘‘(1) the project or activity is essential to reduce
the discharge of pollutants into the navigable waters;
and
‘‘(2) there is no practicable alternative to the
proposed project or activity that would have a less
adverse impact on existing natural aquatic habitat.’’.
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HR 1438 IH——2
HR 1438 IH——3