II
Calendar No. 507
106TH CONGRESS
2D SESSION
H. R. 3039
IN THE SENATE OF THE UNITED STATES
APRIL 13, 2000
Read twice and placed on the calendar
AN ACT
To amend the Federal Water Pollution Control Act to assist
in the restoration of the Chesapeake Bay, 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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SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Chesapeake Bay Res-
toration Act of 2000’’.
SEC. 2. FINDINGS AND PURPOSES.
(a) FINDINGS.—Congress finds that—
(1) the Chesapeake Bay is a national treasure
and a resource of worldwide significance;
(2) over many years, the productivity and water
quality of the Chesapeake Bay and its watershed
were diminished by pollution, excessive sedimenta-
tion, shoreline erosion, the impacts of population
growth and development in the Chesapeake Bay wa-
tershed, and other factors;
(3) the Federal Government (acting through
the Administrator of the Environmental Protection
Agency), the Governor of the State of Maryland, the
Governor of the Commonwealth of Virginia, the Gov-
ernor of the Commonwealth of Pennsylvania, the
Chairperson of the Chesapeake Bay Commission,
and the Mayor of the District of Columbia, as
Chesapeake Bay Agreement signatories, have com-
mitted to a comprehensive cooperative program to
achieve improved water quality and improvements in
the productivity of living resources of the Bay;
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(4) the cooperative program described in para-
graph (3) serves as a national and international
model for the management of estuaries; and
(5) there is a need to expand Federal support
for monitoring, management, and restoration activi-
ties in the Chesapeake Bay and the tributaries of
the Bay in order to meet and further the original
and subsequent goals and commitments of the
Chesapeake Bay Program.
(b) PURPOSES.—The purposes of this Act are—
(1) to expand and strengthen cooperative ef-
forts to restore and protect the Chesapeake Bay;
and
(2) to achieve the goals established in the
Chesapeake Bay Agreement.
SEC. 3. CHESAPEAKE BAY.
The Federal Water Pollution Control Act is amended
by striking section 117 (33 U.S.C. 1267) and inserting
the following:
‘‘SEC. 117. CHESAPEAKE BAY.
‘‘(a) DEFINITIONS.—In this section, the following
definitions apply:
‘‘(1) ADMINISTRATIVE
COST.—The term ‘ad-
ministrative cost’ means the cost of salaries and
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fringe benefits incurred in administering a grant
under this section.
‘‘(2) CHESAPEAKE
BAY
AGREEMENT.—The
term ‘Chesapeake Bay Agreement’ means the for-
mal, voluntary agreements executed to achieve the
goal of restoring and protecting the Chesapeake Bay
ecosystem and the living resources of the Chesa-
peake Bay ecosystem and signed by the Chesapeake
Executive Council.
‘‘(3) CHESAPEAKE BAY ECOSYSTEM.—The term
‘Chesapeake Bay ecosystem’ means the ecosystem of
the Chesapeake Bay and its watershed.
‘‘(4) CHESAPEAKE BAY PROGRAM.—The term
‘Chesapeake Bay Program’ means the program di-
rected by the Chesapeake Executive Council in ac-
cordance with the Chesapeake Bay Agreement.
‘‘(5) CHESAPEAKE EXECUTIVE COUNCIL.—The
term ‘Chesapeake Executive Council’ means the sig-
natories to the Chesapeake Bay Agreement.
‘‘(6) SIGNATORY
JURISDICTION.—The term
‘signatory jurisdiction’ means a jurisdiction of a sig-
natory to the Chesapeake Bay Agreement.
‘‘(b) CONTINUATION
OF CHESAPEAKE BAY PRO-
GRAM.—
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‘‘(1) IN
GENERAL.—In cooperation with the
Chesapeake Executive Council (and as a member of
the Council), the Administrator shall continue the
Chesapeake Bay Program.
‘‘(2) PROGRAM OFFICE.—
‘‘(A) IN
GENERAL.—The Administrator
shall maintain in the Environmental Protection
Agency a Chesapeake Bay Program Office.
‘‘(B) FUNCTION.—The Chesapeake Bay
Program Office shall provide support to the
Chesapeake Executive Council by—
‘‘(i) implementing and coordinating
science, research, modeling, support serv-
ices, monitoring, data collection, and other
activities that support the Chesapeake Bay
Program;
‘‘(ii) developing and making available,
through publications, technical assistance,
and other appropriate means, information
pertaining to the environmental quality
and living resources of the Chesapeake
Bay ecosystem;
‘‘(iii) in cooperation with appropriate
Federal, State, and local authorities, as-
sisting the signatories to the Chesapeake
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Bay Agreement in developing and imple-
menting specific action plans to carry out
the responsibilities of the signatories to the
Chesapeake Bay Agreement;
‘‘(iv) coordinating the actions of the
Environmental Protection Agency with the
actions of the appropriate officials of other
Federal agencies and State and local au-
thorities in developing strategies to—
‘‘(I) improve the water quality
and living resources in the Chesa-
peake Bay ecosystem; and
‘‘(II) obtain the support of the
appropriate officials of the agencies
and authorities in achieving the objec-
tives of the Chesapeake Bay Agree-
ment; and
‘‘(v) implementing outreach programs
for public information, education, and par-
ticipation to foster stewardship of the re-
sources of the Chesapeake Bay.
‘‘(c) INTERAGENCY AGREEMENTS.—The Adminis-
trator may enter into an interagency agreement with a
Federal agency to carry out this section.
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‘‘(d) TECHNICAL
ASSISTANCE
AND
ASSISTANCE
GRANTS.—
‘‘(1) IN
GENERAL.—In cooperation with the
Chesapeake Executive Council, the Administrator
may provide technical assistance, and assistance
grants, to nonprofit organizations, State and local
governments, colleges, universities, and interstate
agencies to achieve the goals and requirements con-
tained in subsection (g)(1), subject to such terms
and conditions as the Administrator considers appro-
priate.
‘‘(2) FEDERAL SHARE.—
‘‘(A) IN GENERAL.—Except as provided in
subparagraph (B), the Federal share of an as-
sistance grant provided under paragraph (1)
shall be determined by the Administrator in ac-
cordance with guidance issued by the Adminis-
trator.
‘‘(B) SMALL
WATERSHED
GRANTS
PRO-
GRAM.—The Federal share of an assistance
grant provided under paragraph (1) to carry
out an implementing activity under subsection
(g)(2) shall not exceed 75 percent of eligible
project costs, as determined by the Adminis-
trator.
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‘‘(3) NON-FEDERAL
SHARE.—An assistance
grant under paragraph (1) shall be provided on the
condition that non-Federal sources provide the re-
mainder of eligible project costs, as determined by
the Administrator.
‘‘(4) ADMINISTRATIVE
COSTS.—Administrative
costs shall not exceed 10 percent of the annual grant
award.
‘‘(e) 
IMPLEMENTATION
AND
MONITORING
GRANTS.—
‘‘(1) IN GENERAL.—If a signatory jurisdiction
has approved and committed to implement all or
substantially all aspects of the Chesapeake Bay
Agreement, on the request of the chief executive of
the jurisdiction, the Administrator—
‘‘(A) shall make a grant to the jurisdiction
for the purpose of implementing the manage-
ment mechanisms established under the Chesa-
peake Bay Agreement, subject to such terms
and conditions as the Administrator considers
appropriate; and
‘‘(B) may make a grant to a signatory ju-
risdiction for the purpose of monitoring the
Chesapeake Bay ecosystem.
‘‘(2) PROPOSALS.—
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‘‘(A) IN GENERAL.—A signatory jurisdic-
tion described in paragraph (1) may apply for
a grant under this subsection for a fiscal year
by submitting to the Administrator a com-
prehensive proposal to implement management
mechanisms established under the Chesapeake
Bay Agreement.
‘‘(B) CONTENTS.—A proposal under sub-
paragraph (A) shall include—
‘‘(i) a description of proposed man-
agement mechanisms that the jurisdiction
commits to take within a specified time pe-
riod, such as reducing or preventing pollu-
tion in the Chesapeake Bay and its water-
shed or meeting applicable water quality
standards or established goals and objec-
tives under the Chesapeake Bay Agree-
ment; and
‘‘(ii) the estimated cost of the actions
proposed to be taken during the fiscal
year.
‘‘(3) APPROVAL.—If the Administrator finds
that the proposal is consistent with the Chesapeake
Bay Agreement and the national goals established
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under section 101(a), the Administrator may ap-
prove the proposal for an award.
‘‘(4) FEDERAL SHARE.—The Federal share of
an implementation grant under this subsection shall
not exceed 50 percent of the cost of implementing
the management mechanisms during the fiscal year.
‘‘(5) NON-FEDERAL
SHARE.—An implementa-
tion grant under this subsection shall be made on
the condition that non-Federal sources provide the
remainder of the costs of implementing the manage-
ment mechanisms during the fiscal year.
‘‘(6) ADMINISTRATIVE
COSTS.—Administrative
costs shall not exceed 10 percent of the annual grant
award.
‘‘(7) REPORTING.—On or before October 1 of
each fiscal year, the Administrator shall make avail-
able to the public a document that lists and de-
scribes, in the greatest practicable degree of detail—
‘‘(A) all projects and activities funded for
the fiscal year;
‘‘(B) the goals and objectives of projects
funded for the previous fiscal year; and
‘‘(C) the net benefits of projects funded for
previous fiscal years.
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‘‘(f) FEDERAL FACILITIES AND BUDGET COORDINA-
TION.—
‘‘(1) SUBWATERSHED PLANNING AND RESTORA-
TION.—A Federal agency that owns or operates a
facility (as defined by the Administrator) within the
Chesapeake Bay watershed shall participate in re-
gional and subwatershed planning and restoration
programs.
‘‘(2) COMPLIANCE
WITH
AGREEMENT.—The
head of each Federal agency that owns or occupies
real property in the Chesapeake Bay watershed shall
ensure that the property, and actions taken by the
agency with respect to the property, comply with the
Chesapeake Bay Agreement, the Federal Agencies
Chesapeake Ecosystem Unified Plan, and any subse-
quent agreements and plans.
‘‘(3) BUDGET COORDINATION.—
‘‘(A) IN GENERAL.—As part of the annual
budget submission of each Federal agency with
projects or grants related to restoration, plan-
ning, monitoring, or scientific investigation of
the Chesapeake Bay ecosystem, the head of the
agency shall submit to the President a report
that describes plans for the expenditure of the
funds under this section.
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‘‘(B) DISCLOSURE TO THE COUNCIL.—The
head of each agency referred to in subpara-
graph (A) shall disclose the report under that
subparagraph with the Chesapeake Executive
Council as appropriate.
‘‘(g) CHESAPEAKE BAY PROGRAM.—
‘‘(1) MANAGEMENT STRATEGIES.—The Admin-
istrator, in coordination with other members of the
Chesapeake Executive Council, shall ensure that
management plans are developed and implementa-
tion is begun by signatories to the Chesapeake Bay
Agreement to achieve—
‘‘(A) the nutrient goals of the Chesapeake
Bay Agreement for the quantity of nitrogen and
phosphorus entering the Chesapeake Bay and
its watershed;
‘‘(B) the water quality requirements nec-
essary to restore living resources in the Chesa-
peake Bay ecosystem;
‘‘(C) the Chesapeake Bay Basinwide Tox-
ins Reduction and Prevention Strategy goal of
reducing or eliminating the input of chemical
contaminants from all controllable sources to
levels that result in no toxic or bioaccumulative
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impact on the living resources of the Chesa-
peake Bay ecosystem or on human health;
‘‘(D) habitat restoration, protection, cre-
ation, and enhancement goals established by
Chesapeake Bay Agreement signatories for wet-
lands, riparian forests, and other types of habi-
tat associated with the Chesapeake Bay eco-
system; and
‘‘(E) the restoration, protection, creation,
and enhancement goals established by the
Chesapeake Bay Agreement signatories for liv-
ing resources associated with the Chesapeake
Bay ecosystem.
‘‘(2) SMALL WATERSHED GRANTS PROGRAM.—
The Administrator, in cooperation with the Chesa-
peake Executive Council, shall—
‘‘(A) establish a small watershed grants
program as part of the Chesapeake Bay Pro-
gram; and
‘‘(B) offer technical assistance and assist-
ance grants under subsection (d) to local gov-
ernments and nonprofit organizations and indi-
viduals in the Chesapeake Bay region to
implement—
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‘‘(i) cooperative tributary basin strate-
gies that address the water quality and liv-
ing resource needs in the Chesapeake Bay
ecosystem; and
‘‘(ii) locally based protection and res-
toration programs or projects within a wa-
tershed that complement the tributary
basin strategies, including the creation,
restoration, protection, or enhancement of
habitat associated with the Chesapeake
Bay ecosystem.
‘‘(h) STUDY OF CHESAPEAKE BAY PROGRAM.—
‘‘(1) IN GENERAL.—Not later than April 22,
2000, and every 5 years thereafter, the Adminis-
trator, in coordination with the Chesapeake Execu-
tive Council, shall complete a study and submit to
Congress a comprehensive report on the results of
the study.
‘‘(2) REQUIREMENTS.—The study and report
shall—
‘‘(A) assess the state of the Chesapeake
Bay ecosystem;
‘‘(B) compare the current state of the
Chesapeake Bay ecosystem with its state in
1975, 1985, and 1995;
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‘‘(C) assess the effectiveness of manage-
ment strategies being implemented on the date
of enactment of this section and the extent to
which the priority needs are being met;
‘‘(D) make recommendations for the im-
proved management of the Chesapeake Bay
Program either by strengthening strategies
being implemented on the date of the enact-
ment of this section or by adopting new strate-
gies; and
‘‘(E) be presented in such a format as to
be readily transferable to and usable by other
watershed restoration programs.
‘‘(i) SPECIAL STUDY
OF LIVING RESOURCE RE-
SPONSE.—
‘‘(1) IN GENERAL.—Not later than 180 days
after the date of the enactment of this section, the
Administrator shall commence a 5-year special study
with full participation of the scientific community of
the Chesapeake Bay to establish and expand under-
standing of the response of the living resources of
the Chesapeake Bay ecosystem to improvements in
water quality that have resulted from investments
made through the Chesapeake Bay Program.
‘‘(2) REQUIREMENTS.—The study shall—
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‘‘(A) determine the current status and
trends of living resources, including grasses,
benthos, phytoplankton, zooplankton, fish, and
shellfish;
‘‘(B) establish to the extent practicable the
rates of recovery of the living resources in re-
sponse to improved water quality condition;
‘‘(C) evaluate and assess interactions of
species, with particular attention to the impact
of changes within and among trophic levels; and
‘‘(D) recommend management actions to
optimize the return of a healthy and balanced
ecosystem in response to improvements in the
quality and character of the waters of the
Chesapeake Bay.
‘‘(j) AUTHORIZATION OF APPROPRIATIONS.—There
is authorized to be appropriated to carry out this section
$30,000,000 for each of fiscal years 2000 through 2005.’’.
SEC. 3. SENSE OF THE CONGRESS; REQUIREMENT REGARD-
ING NOTICE.
(a) PURCHASE
OF AMERICAN-MADE EQUIPMENT
AND PRODUCTS.—In the case of any equipment or prod-
ucts that may be authorized to be purchased with financial
assistance provided under section 117 of the Federal
Water Pollution Control Act, it is the sense of the Con-