111TH CONGRESS 
2D SESSION 
H. R. 5301 
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, 
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— 
‘‘(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 
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)— 
‘‘(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)’’. 
(b) MEMBERS
OF CONFERENCE; COLLABORATIVE 
PROCESSES.— 
(1) 
MEMBERS
OF
CONFERENCE.—Section 
320(c)(5) of such Act (33 U.S.C. 1330(c)(5)) is 
amended by inserting after ‘‘institutions,’’ the fol-
lowing: ‘‘not-for-profit organizations,’’. 
(2) 
COLLABORATIVE
PROCESSES.—Section 
320(d) of such Act (33 U.S.C. 1330(d)) is amend-
ed— 
(A) by striking ‘‘(d)’’ and all that follows 
through ‘‘In developing’’ and inserting the fol-
lowing: 
‘‘(d) UTILIZATION OF EXISTING DATA AND COL-
LABORATIVE PROCESSES.— 
‘‘(1) UTILIZATION OF EXISTING DATA.—In de-
veloping’’; and 
(B) by adding at the end the following: 
‘‘(2) UTILIZATION
OF
COLLABORATIVE
PROC-
ESSES.—In updating a plan under subsection (f)(4) 
or developing a new plan under subsection (b), a 
management conference shall make use of collabo-
rative processes to—
‘‘(A) ensure equitable inclusion of affected 
interests; 
‘‘(B) engage with members of the manage-
ment conference, including through— 
‘‘(i) the use of consensus-based deci-
sion rules; and 
‘‘(ii) 
assistance 
from 
impartial 
facilitators, as appropriate; 
‘‘(C) ensure relevant information, including 
scientific, technical, and cultural information, is 
accessible to members; 
‘‘(D) promote accountability and trans-
parency by ensuring members are informed in 
a timely manner of— 
‘‘(i) the purposes and objectives of the 
management conference; and 
‘‘(ii) the results of an evaluation con-
ducted under subsection (f)(3); 
‘‘(E) identify the roles and responsibilities 
of members— 
‘‘(i) in the management conference 
proceedings; and 
‘‘(ii) in the implementation of the 
plan; and
‘‘(F) seek resolution of conflicts or dis-
putes as necessary.’’. 
(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 
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 
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 implementation of 
the plan required by subparagraph (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 the implementa-
tion of a comprehensive conservation and man-
agement plan available to the public under 
paragraph (3)(C), a management conference 
convened under this section shall submit to the 
Administrator an update of the plan. The up-
dated plan shall reflect, to the maximum extent 
practicable, the results of the program evalua-
tion.
(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.
‘‘(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.—
‘‘(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)’’.
(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-
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.
‘‘(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
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—
‘‘(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: 
Clerk.
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.