Estuaries and Clean Waters Act of 2000
PL 106-457 (S.835), enacted 11/07/2000

PUBLIC LAW 106-457—NOV. 7, 2000 
114 STAT. 1957 
Public Law 106-457 
106th Congress 
An Act 
To encourage the restoration of estuary habitat through more efficient project 
financ- 
^ 
„ 
„ ^ ^ 
ing and enhanced coordination of Federal and non-Federal restoration programs, 
X:—'. 
and for other purposes. 
[S. 835] 
Be it enacted by the Senate and House of Representatives 
of 
the United States of America in Congress assembled, 
Estuaries and 
Clean Waters Act 
SECTION 1, SHORT TITLE; TABLE OF CONTENTS. 
of 2000. 
(a) SHORT TITLE.—^This Act may be cited as the "Estuaries 
33 use 2901 
and Clean Waters Act of 2000". 
note-
(b) TABLE OF CONTENTS.— 
Sec. 1. Short title; table of contents. 
TITLE I—ESTUARY R E S T O R A T I O N 
Sec. 101. Short title. 
Sec. 102. Pirrposes. 
Sec. 103. Definitions. 
Sec. 104. Estuary habitat restoration program. 
Sec. 105. Establishment of Estuary Habitat Restoration Council. 
Sec. 106. Estuary habitat restoration strategy. 
Sec. 107. Monitoring of estuary habitat restoration projects. 
Sec. 108. Reporting. 
Sec. 109. Funding. 
Sec. 110. General provisions. 
TITLE II—CHESAPEAKE BAY RESTORATION 
Sec. 201. Short title. 
Sec. 202. Findings and purposes. 
Sec. 203. Chesapeake Bay. 
TITLE III—NATIONAL ESTUARY PROGRAM 
Sec. 301. Addition to national estuary program. 
Sec. 302. Grants. 
Sec. 303. Authorization of appropriations. 
TITLE IV—LONG ISLAND SOUND RESTORATION 
Sec. 401. Short title. 
Sec. 402. Innovative methodologies and technologies. 
Sec. 403. Assistance for distressed communities. 
Sec. 404. Authorization of appropriations. 
TITLE V—LAKE PONTCHARTRAIN BASIN RESTORATION 
Sec. 501. Short title. 
Sec. 502. Lake Pontchartrain basin. 
TITLE VI—ALTERNATIVE WATER SOURCES 
Sec. 601. Short title. 
Sec. 602. Pilot program for alternative water source projects. 
TITLE VII—CLEAN LAKES 
Sec. 701. Grants to States. 
114 STAT. 1958 
PUBLIC LAW 106-457—NOV. 7, 2000 
Sec. 702. Demonstration program. 
TITLE VIII—TIJUANA RIVER VALLEY ESTUARY AND BEACH CLEANUP 
Sec. 801. Short title. 
Sec. 802. Purpose. 
Sec. 803. Definitions. 
Sec. 804. Actions to be taken by the Commission and the Administrator. 
Sec. 805. Negotiation of new treaty minute. 
Sec. 806. Authorization of appropriations. 
TITLE IX—GENERAL PROVISIONS 
Sec. 901. Purchase of American-made equipment and products. 
Sec. 902. Long-term estuary assessment. 
Sec. 903. Rural sanitation grants. 
Estuary 
TITLE I—ESTUARY RESTORATION 
Restoration Act 
33^USC 2901 
SEC. 101. SHORT TITLE. 
°°*®- 
This title may be cited as the "Estuary Restoration Act of 
2000". 
33 u s e 2901. 
SEC. 102. PURPOSES. 
The purposes of this title are— 
(1) to promote the restoration of estuary habitat; 
(2) to develop a national estuary habitat restoration 
strategy for creating and maintaining effective estuary habitat 
restoration partnerships among public agencies at all levels 
of government and to establish new partnerships between the 
public and private sectors; 
(3) to provide Federal assistance for estuary habitat res-
toration projects and to promote efficient financing of such 
projects; and 
(4) to develop and enhance monitoring and research 
capabilities through the use of the environmental technology 
innovation program associated with the National Estuarine 
Research Reserve System established by section 315 of the 
Coastal Zone Management Act of 1972 (16 U.S.C. 1461) to 
ensure that estuary habitat restoration efforts are based on 
sound scientific understanding and innovative technologies. 
33 u s e 2902. 
SEC. 103. DEFINITIONS. 
In this title, the following definitions apply: 
(1) COUNCIL.—^The term "Council" means the Estuary 
Habitat Restoration Council established by section 105. 
(2) 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 drain-
age. The term also includes near coastal waters and wetlands 
of the Great Lakes that are similar in form and function to 
estuaries, including the area located in the Great Lakes bio-
geographic region and designated as a National Estuarine 
Research Reserve under the Coastal Zone Management Act 
of 1972 (16 U.S.C. 1451 et seq.) as of the date of enactment 
of this Act. 
(3) ESTUARY HABITAT.—The term "estuary habitat" 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 associated 
ecosystems. 
PUBLIC LAW 106-457—NOV. 7, 2000 
114 STAT. 1959 
(4) ESTUARY HABITAT RESTORATION ACTIVITY.— 
(A) IN GENERAL.—^The term "estuary habitat restora-
tion activity means an activity that results in improving 
degraded estuaries or estuary habitat or creating estuary 
habitat (including both physical and functional restoration), 
with the goal of attaining a self-sustaining 
system 
integrated into the surrounding landscape. 
(B) INCLUDED ACTIVITIES.—^The term "estuary habitat 
restoration activity includes— 
(i) the reestablishment of chemical, physical, 
hydrologic, and biological features and components 
associated with an estuary; 
(ii) except as provided in subparagraph (C), the 
cleanup of pollution for the benefit of estuary habitat; 
(iii) the control of nonnative and invasive species 
in the estuary; 
(iv) the reintroduction of species native to the 
estuary, including through such means as planting 
or promoting natural succession; 
(v) the construction of reefs to promote fish and 
shellfish production and to provide estuary habitat for 
living resources; and 
(vi) other activities that improve estuary habitat. 
(C) EXCLUDED ACTIVITIES.—The term "estuary habitat 
restoration activity does not include an activity that— 
(i) constitutes mitigation required under any Fed-
eral or State law for the adverse effects of an activity 
regulated or otherwise governed by Federal or State 
law; or 
(ii) constitutes restoration for natural resource 
damages required under any Federal or State law. 
(5) ESTUARY HABITAT RESTORATION PROJECT.—^The term 
"estuary habitat restoration project" means a project to carry 
out an estuary habitat restoration activity. 
(6) ESTUARY HABITAT RESTORATION PLAN.— 
(A) IN GENERAL.—^The term "estuary habitat restora-
tion plan" means any Federal or State plan for restoration 
of degraded estuary habitat that was developed with the 
substantial participation of appropriate public and private 
stakeholders. 
(B) 
INCLUDED 
PLANS 
AND 
PROGRAMS.—^The 
term 
"estuary habitat restoration plan" includes estuary habitat 
restoration components of— 
(i) a comprehensive conservation and management 
plan approved under section 320 of the Federal Water 
Pollution Control Act (33 U.S.C. 1330); 
(ii) a lakewide management plan or remedial 
action plan developed under section 118 of the Federal 
Water Pollution Control Act (33 U.S.C. 1268); 
(iii) a management plan approved under the 
Coastal Zone Management Act of 1972 (16 U.S.C. 1451 
et seq.); and 
(iv) the interstate management plan developed 
pursuant to the Chesapeake Bay program under sec-
tion 117 of the Federal Water Pollution Control Act 
(33 U.S.C. 1267). 
114 STAT. 1960 
PUBLIC LAW 106-457—NOV. 7, 2000 
(7) INDIAN TRIBE.—The term "Indian tribe" has the meaning 
given such term by section 4 of the Indian Self-Determination 
and Education Assistance Act (25 U.S.C. 450b). 
(8) 
NON-FEDERAL 
INTEREST.—The 
term 
"non-Federal 
interest" means a State, a political subdivision of a State, 
an Indian tribe, a regional or interstate agency, or, as provided 
in section 104(f)(2), a nongovernmental organization. 
(9) SECRETARY.—The term "Secretary" means the Secretary 
of the Army. 
(10) STATE.—The term "State" means the States of Ala-
bama, Alaska, California, Connecticut, Delaware, Florida, 
Greorgia, Hawaii, Illinois, Indiana, Louisiana, Maine, Maryland, 
Massachusetts, Michigan, Minnesota, Mississippi, New Hamp-
shire, New Jersey, New York, North Carolina, Ohio, Oregon, 
Pennsylvania, Rhode Island, South Carolina, Texas, Virginia, 
Washington, and Wisconsin, the District of Columbia, the 
Commonwealth of Puerto Rico, the Commonwealth of the 
Northern Mariana Islands, the United States Virgin Islands, 
American Samoa, and Guam. 
33 use 2903. 
SEC. 104. 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 and provide technical assistance 
in accordance with the requirements of this title. 
(b) ORIGIN OF PROJECTS.—^A proposed estuary habitat restora-
tion project shall originate from a non-Federal interest consistent 
with State or local laws. 
(c) SELECTION OF PROJECTS.— 
(1) IN GENERAL.—^The Secretary shall select estuary habitat 
restoration projects from a list of project proposals submitted 
by the Estuary Habitat Restoration Council under section 
105(b). 
(2) REQUIRED ELEMENTS.—^Each estuary habitat restoration 
project selected by the Secretary must— 
(A) address restoration needs identified in an estuary 
habitat restoration plan; 
(B) be consistent with the estuary habitat restoration 
strategy developed under section 106; 
(C) include a monitoring plan that is consistent with 
standards for monitoring developed under section 107 to 
ensure that short-term and long-term restoration goals are 
achieved; and 
(D) include satisfactory assurance from the non-Federal 
interests proposing the project that the non-Federal 
interests will have adequate personnel, funding, and 
authority to carry out items of local cooperation and prop-
erly maintain the project. 
(3) FACTORS FOR SELECTION OF PROJECTS.—In selecting an 
estuary habitat restoration project, the Secretary shall consider 
the following factors: 
(A) Whether the project is part of an approved Federal 
estuary management or habitat restoration plan. 
(B) The technical feasibility of the project. 
(C) The scientific merit of the project. 
PUBLIC LAW 106-457—NOV. 7, 2000 
114 STAT. 1961 
(D) Whether the project will encourage increased 
coordination and cooperation among Federal, State, and 
local government agencies. 
(E) Whether the project fosters public-private partner-
ships 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. 
(F) Whether the project is cost-effective. 
(G) Whether the State in which the non-Federal 
interest is proposing the project has a dedicated source 
of funding to acquire or restore estuary habitat, natural 
areas, and open spaces for the benefit of estuary habitat 
restoration or protection. 
(H) Other factors that the Secretary determines to 
be reasonable and necessary for consideration. 
(4) PRIORITY.—In selecting estuary habitat restoration 
projects to be carried out under this title, the Secretary shall 
give priority consideration to a project if, in addition to meriting 
selection based on the factors under paragraph (3)— 
(A) 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 habitat; or 
(B) the project includes pilot testing of or a demonstra-
tion of an innovative technology having the potential for 
improved cost-effectiveness in estuary habitat restoration. 
(d) COST SHARING.— 
(1) FEDERAL SHARE.—Except as provided in paragraph (2) 
and subsection (e)(2), the Federal share of the cost of an estuary 
habitat restoration project (other than the cost of operation 
and maintenance of the project) carried out under this title 
shall not exceed 65 percent of such cost. 
(2) INNOVATIVE TECHNOLOGY COSTS.—^The Federal share 
of the incremental additional cost of including in a project 
pilot testing of or a demonstration of an innovative technology 
described in subsection (c)(4)(B) shall be 85 percent. 
(3) NON-FEDERAL SHARE.—^The non-Federal share of the 
cost of an estuary habitat restoration project carried out under 
this title shall include lands, easements, rights-of-way, and 
relocations and may include services, or any other form of 
in-kind contribution determined by the Secretary to be an 
appropriate contribution equivalent to the monetary amount 
required for the non-Federal share of the activity. 
(4) 
OPERATION 
AND MAINTENANCE.—The 
non-Federal 
interests shall be responsible for all costs associated with oper-
ating, maintaining, replacing, repairing, and rehabilitating all 
projects carried out under this section. 
(e) INTERIM ACTIONS.— 
(1) IN GENERAL.—Pending completion of the estuary habitat 
restoration strategy to be developed under section 106, the 
Secretary may take interim actions to carry out an estuary 
habitat restoration activity. 
(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. 
114 STAT. 1962 
PUBLIC LAW 106-457—NOV. 7, 2000 
(f) COOPERATION OF NON-FEDERAL INTERESTS.— 
(1) IN GENERAL.—^The Secretary may not carry out 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— 
(A) provide all lands, easements, rights-of-way, and 
relocations and any other elements the Secretary deter-
mines appropriate under subsection (d)(3); and 
(B) provide for maintenance and monitoring of the 
project. 
(2) NONGOVERNMENTAL ORGANIZATIONS.—^Notwithstanding 
section 221(b) of the Flood Control Act of 1970 (42 U.S.C. 
1962d-5b(b)), for any project to be undertaken under this title, 
the Secretary, in consultation and coordination with appropriate 
State and local governmental agencies and Indian tribes, may 
allow a nongovernmental organization to serve as the non-
Federal interest for the project. 
(g) DELEGATION OF PROJECT IMPLEMENTATION.—In carrying out 
this title, the Secretary may delegate project implementation to 
another Federal department or agency on a reimbursable basis 
if the Secretary, upon the recommendation of the Council, deter-
mines such delegation is appropriate. 
33 use 2904. 
SEC. 105. ESTABLISHMENT OF ESTUARY HABITAT RESTORATION 
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) soliciting, reviewing, and evaluating project proposals 
and developing recommendations concerning such proposals 
based on the factors specified in section 104(c)(3); 
(2) submitting to the Secretary a list of recommended 
projects, including a recommended priority order and any rec-
ommendation as to whether a project should be carried out 
by the Secretary or by another Federal department or agency 
under section 104(g); 
(3) developing and transmitting to Congress a national 
strategy for restoration of estuary habitat; 
(4) periodically reviewing the effectiveness of the national 
strategy in meeting the purposes of this title and, as necessary, 
updating the national strategy; and 
(5) providing advice on the development of the database, 
monitoring standards, and report required under sections 107 
and 108. 
(c) MEMBERSHIP.—^The Council shall be composed of the fol-
lowing members: 
(1) The Secretary (or the Secretarys designee). 
(2) The Under Secretary for Oceans and Atmosphere of 
the Department of Commerce (or the Under Secretary's des-
ignee). 
(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 
such Secretary's designee). 
(5) The Secretary of Agriculture (or such Secretary's des-
ignee). 
PUBLIC LAW 106-457—NOV. 7, 2000 
114 STAT. 1963 
(6) The head of any other Federal agency designated by 
the President to serve as an ex officio member of the Council. 
(d) PROHIBITION OF COMPENSATION.—^Members of the Council 
may not receive compensation for their service as members of 
the Council. 
(e) CHAIRPERSON.—^The chairperson shall be elected by the 
Council from among its members for a 3-year term, except that 
the first elected chairperson may serve a term of fewer than 3 
years. 
(f) CONVENING OF COUNCIL.— 
(1) FIRST MEETING.—^The Secretary shall convene the first Deadline, 
meeting of the Council not later than 60 days after the date 
of enactment of this Act for the purpose of electing a chair-
person. 
(2) ADDITIONAL MEETINGS.—^The chairperson shall convene 
additional meetings of the Council as often as appropriate 
to ensure that this title is fully carried out, but not less often 
than annually. 
(g) COUNCIL PROCEDURES.—The Council shall establish proce-
dures for voting, the conduct of meetings, and other matters, as 
necessary. 
(h) PUBLIC PARTICIPATION.—Meetings of the Council shall be 
open to the public. The Council shall provide notice to the public 
of such meetings. 
(i) ADVICE.—^The Council shall consult with persons with recog-
nized scientific expertise in estuary or estuary habitat restoration, 
representatives of State agencies, local or regional government agen-
cies, and nongovernmental organizations with expertise in estuary 
or estuary habitat restoration, and representatives of Indian tribes, 
agricultural interests, fishing interests, and other estuary users— 
(1) to assist the Council in the development of the estuary 
habitat restoration strategy to be developed under section 106; 
and 
(2) to provide advice and recommendations to the Council 
on proposed estuary habitat restoration projects, including 
advice on the scientific merit, technical merit, and feasibility 
of a project. 
SEC. 106. ESTUARY HABITAT RESTORATION STRATEGY. 
33 USC 2905. 
(a) IN GENERAL.—^Not later than 1 year after the date of enact- Deadline, 
ment of this Act, the Council, shall develop an estuary habitat 
restoration strategy designed to ensure a comprehensive approach 
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) GOAL.—The goal of the strategy shall be the restoration 
of 1,000,000 acres of estuary habitat by the year 2010. 
(c) INTEGRATION OF ESTUARY HABITAT RESTORATION PLANS, 
PROGRAMS, AND PARTNERSHIPS.—In developing the estuary habitat 
restoration strategy, the Council shall— 
(1) conduct a review of estuary management or habitat 
restoration plans and Federal programs established under other 
laws that authorize funding for estuary habitat restoration 
activities; and 
(2) ensure that the estuary habitat restoration strategy 
is developed in a manner that is consistent with the estuary 
management or habitat restoration plans. 
114 STAT. 1964 
PUBLIC LAW 106-457—NOV. 7, 2000 
(d) ELEMENTS OF THE STRATEGY.—^The estuary habitat restora-
tion strategy shall include proposals, methods, and guidance on— 
(1) maximizing the incentives for the creation of new public-
private partnerships to carry out estuary habitat restoration 
projects and the use of Federal resources to encourage increased 
private sector involvement in estuary habitat restoration activi-
ties; 
(2) ensuring that the estuary habitat restoration strategy 
will be implemented in a manner that is consistent with the 
estuary management or habitat restoration plans; 
(3) promoting estuary habitat restoration projects to— 
(A) provide 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 commercial and 
recreational fisheries; 
(B) improve surface and ground water quality and 
quantity, and flood control; 
(C) provide outdoor recreation; and 
(D) address other areas of concern that the Council 
determines to be appropriate for consideration; 
(4) addressing 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; 
(5) measuring the rate of change for each type of estuary 
habitat; 
(6) selecting a balance of smaller and larger estuary habitat 
restoration projects; and 
(7) ensuring equitable geographic distribution of projects 
funded under tlus title. 
Federal Register, 
(e) PUBLIC REVIEW AND COMMENT.—Before the Council adopts 
publication. 
a final or revised estuary habitat restoration strategy, the Secretary 
shall publish in the Federal Register a draft of the estuary habitat 
restoration strategy and provide an opportunity 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 periodically review and update, as 
necessary, the estuary habitat restoration strategy. 
33 use 2906. 
SEC. 107. MONITORING 
OF 
ESTUARY 
HABITAT 
RESTORATION 
PROJECTS. 
(a) UNDER SECRETARY.—In this section, the term "Under Sec-
retary" means the Under Secretary for Oceans and Atmosphere 
^ 
of the Department of Commerce. 
(b) DATABASE OF RESTORATION PROJECT INFORMATION.—^The 
Under Secretary, in consultation with the Council, shall develop 
and maintain an appropriate database of information concerning 
estuary habitat restoration projects carried out under this title, 
including information on project techniques, project completion, 
monitoring data, and other relevant information. 
(c) MONITORING DATA STANDARDS.—^The Under Secretary, in 
consultation with the Council, shall develop standard data formats 
for monitoring projects, along with requirements for types of data 
collected and frequency of monitoring. 
PUBLIC LAW 106-457—NOV. 7, 2000 
114 STAT. 1965 
(d) COORDINATION OF DATA.—The Under Secretary shall com-
pile information that pertains to estuary habitat restoration projects 
from other Federal, State, and local sources and that meets the 
quality control requirements and data standards established under 
this section. 
(e) USE OF EXISTING PROGRAMS.—The Under Secretary shall 
use existing programs within the National Oceanic and Atmospheric 
Administration to create and maintain the database required under 
this section. 
(f) PUBLIC AVAILABILITY.—^The Under Secretary shall make the 
information collected and maintained under this section available 
to the public. 
SEC. 108. REPORTING. 
33 USC 2907. 
(a) IN GENERAL.—^At the end of the third and fifth fiscal years 
following the date of enactment of this Act, the Secretary, after 
considering the advice and recommendations of the Council, shall 
transmit to Congress a report on the results of activities carried 
out under this title. 
(b) CONTENTS OF REPORT.—^A report under subsection (a) shall 
include— 
(1) data on the number of acres of estuary habitat restored 
under this title, including descriptions of, and partners involved 
with, projects selected, in progress, and completed under this 
title that comprise those acres; 
(2) information from the database established under section 
107(b) related to ongoing monitoring of projects to ensure that 
short-term and long-term restoration goals are achieved; 
(3) an estimate of the long-term success of varying restora-
tion techniques used in carrying out estuary habitat restoration 
projects; 
(4) a review of how the information described in paragraphs 
(1) through (3) has been incorporated in the selection and 
implementation of estuary habitat restoration projects; 
(5) a review of efforts made to maintain an appropriate 
database of restoration projects carried out under this title; 
and 
(6) a review of the measures taken to provide the informa-
tion described in paragraphs (1) through (3) to persons with 
responsibility for assisting in the restoration of estuary habitat. 
SEC. 109. FUNDING. 
33 USC 2908. 
(a) AUTHORIZATION OF APPROPRIATIONS.— 
(1) ESTUARY HABITAT RESTORATION PROJECTS.—There is 
authorized to be appropriated to the Secretary for carrying 
out and providing technical assistance for estuary habitat res-
toration projects— 
(A) $40,000,000 for fiscal year 2001; 
(B) $50,000,000 for each of fiscal years 2002 and 2003; 
(C) $60,000,000 for fiscal year 2004; and 
(D) $75,000,000 for fiscal year 2005. 
Such sums shall remain available until expended. 
(2) MONITORING.—^There is authorized to be appropriated 
to the Under Secretary for Oceans and Atmosphere of the 
Department of Commerce for the acquisition, maintenance, and 
management of monitoring data on restoration projects carried 
out under this title, $1,500,000 for each of fiscal years 2001 
through 2005. Such sums shall remain available until expended. 
114 STAT. 1966 
PUBLIC LAW 106-457—NOV. 7, 2000 
(b) 
SET-ASIDE 
FOR ADMINISTRATIVE 
EXPENSES 
OF THE 
COUNCIL.—^Not to exceed 3 percent of the amounts appropriated 
for a fiscal year under subsection (a)(1) or $1,500,000, whichever 
is greater, may be used by the Secretary for administration and 
operation of the Council. 
33 use 2909. 
SEC. 110. GENERAL PROVISIONS. 
(a) AGENCY CONSULTATION AND COORDINATION.—In carrying 
out this title, the Secretary shall, as necessary, consult with, 
cooperate with, and coordinate its activities with the activities 
of other Federal departments and agencies. 
(b) 
COOPERATIVE 
AGREEMENTS; 
MEMORANDA 
OF 
UNDER-
STANDING.—In carrying out this title, the Secretary may— 
(1) enter into cooperative agreements with Federal, State, 
and local government agencies and other entities; and 
(2) execute such memoranda of understanding as are nec-
essary to reflect the agreements. 
(c) FEDERAL AGENCY FACILITIES AND PERSONNEL.—Federal 
agencies may cooperate in carrying out scientific and other pro-
grams necessary to carry out this title, and may provide facilities 
and personnel, for the purpose of assisting the Council in carrying 
out its duties under this title. 
(d) IDENTIFICATION AND MAPPING OF DREDGED MATERIAL DIS-
POSAL SITES.—In consultation with appropriate Federal and non-
Federal public entities, the Secretary shall undertake, and update 
as warranted by changed conditions, surveys to identify and map 
sites appropriate for beneficial uses of dredged material for the 
protection, restoration, and creation of aquatic and ecologically 
related habitats, including wetlands, in order to further the pur-
poses of this title. 
(e) STUDY OF BIOREMEDIATION TECHNOLOGY.— 
Deadline. 
(1) IN GENERAL.—^Not later than 180 days after the date 
of enactment of this Act, the Administrator of the Environ-
mental Protection Agency, with the participation of the estua-
rine scientific community, shall begin a 2-year study on the 
efficacy of bioremediation products. 
(2) REQUIREMENTS.—^The study shall— 
(A) evaluate and assess bioremediation technology— 
(i) on low-level petroleum hydrocarbon contamina-
tion from recreational boat bilges; 
(ii) on low-level petroleum hydrocarbon contamina-
tion from stormwater discharges; 
(iii) on nonpoint 
petroleum hydrocarbon 
dis-
charges; and 
(iv) as a first response tool for petroleum hydro-
carbon spills; and 
(B) recommend management actions to optimize the 
return of a healthy and balanced ecosystem and make 
improvements in the quality and character of estuarine 
waters. 
PUBLIC LAW 106-457—NOV. 7, 2000 
114 STAT. 1967 
TITLE II—CHESAPEAKE BAY 
RESTORATION 
SEC. 201. SHORT TITLE. 
This title may be cited as the "Chesapeake Bay Restoration 
Act of 2000". 
SEC. 202. 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 sedimentation, shoreline erosion, the 
impacts of population growth and development in the Chesa-
peake Bay watershed, and other factors; 
(3) the Federal Government (acting through the Adminis-
trator of the Environmental Protection Agency), the Governor 
of the State of Maryland, the Governor of the Commonwealth 
of Virginia, the Governor of the Commonwealth of Pennsyl-
vania, the Chairperson of the Chesapeake Bay Commission, 
and the mayor of the District of Columbia, as Chesapeake 
Bay Agreement signatories, have committed to a comprehensive 
cooperative program to achieve improved water quality and 
improvements in the productivity of living resources of the 
Bay; 
(4) the cooperative program described in paragraph (3) 
serves as a national and international model for the manage-
ment of estuaries; and 
(5) there is a need to expand Federal support for moni-
toring, management, and restoration activities in the Chesa-
peake 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 title are— 
(1) to expand and strengthen cooperative efforts to restore 
and protect the Chesapeake Bay; and 
(2) to achieve the goals established in the Chesapeake 
Bay Agreement. 
SEC. 203. CHESAPEAKE BAY. 
Section 117 of the Federal Water Pollution Control Act (33 
U.S.C. 1267) is amended to read as follows: 
"SEC. 117. CHESAPEAKE BAY. 
"(a) DEFINITIONS.—In this section, the following definitions 
apply: 
"(1) ADMINISTRATIVE COST.—^The term 'administrative cost' 
means the cost of salaries and fringe benefits incurred in admin-
istering a grant under this section. 
"(2) CHESAPEAKE BAY AGREEMENT.—^The term 'Chesapeake 
Bay Agreement' means the formal, voluntary agreements 
executed to achieve the goal of restoring and protecting the 
Chesapeake Bay ecosystem and the living resources of the 
Chesapeake Bay ecosystem and signed by the Chesapeake 
Executive Council. 
Chesapeiike Bay 
Restoration Act 
of2000. 
State listing. 
33 use 1251 
note. 
33 use 1267 
note. 
114 STAT. 1968 
PUBLIC LAW 106-457—NOV. 7, 2000 
"(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 directed by the Chesapeake 
Executive Council in accordance with the Chesapeake Bay 
Agreement. 
"(5) CHESAPEAKE EXECUTIVE COUNCIL.—^The term 'Chesa-
peake Executive Council' means the signatories to the Chesa-
peake Bay Agreement. 
"(6) SIGNATORY JURISDICTION.—^The term 'signatory juris-
diction' means a jurisdiction of a signatory to the Chesapeake 
Bay Agreement. 
"(b) CONTINUATION OF CHESAPEAKE BAY PROGRAM.— 
"(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.— 
Government 
"(A) IN GENERAL.—^The Administrator shall maintain 
organization. 
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 
b y -
"(i) 
implementing 
and 
coordinating 
science, 
research, modeling, support services, monitoring, data 
collection, and other activities that support the Chesa-
peake Bay Program; 
"(ii) developing and making available, through 
publications, technical assistance, and other appro-
priate means, information pertaining to the environ-
mental quality and living resources of the Chesapeake 
Bay ecosystem; 
"(iii) in cooperation with appropriate Federal, 
State, and local authorities, assisting the signatories 
to the Chesapeake Bay Agreement in developing and 
implementing 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 
authorities in developing strategies to— 
"(I) improve the water quality and living 
resources in the Chesapeake Bay ecosystem; and 
"(II) obtain the support of the appropriate offi-
cials of the agencies and authorities in achieving 
the objectives of the Chesapeake Bay Agreement; 
and 
"(v) implementing outreach programs for public 
information, education, and participation to foster 
stewardship of the resources of the Chesapeake Bay. 
"(c) INTERAGENCY AGREEMENTS.—^The Administrator may enter 
into an interagency agreement with a Federal agency to carry 
out this section. 
"(d) TECHNICAL ASSISTANCE AND ASSISTANCE GRANTS.— 
PUBLIC LAW 106-457—NOV. 7, 2000 
114 STAT. 1969 
"(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 inter-
state agencies to carry out this section, subject to such terms 
and conditions as the Administrator considers appropriate. 
"(2) FEDERAL SHARE.— 
"(A) IN GENERAL,—^Except as provided in subparagraph 
(B), the Federal share of an assistance grant provided 
under paragraph (1) shall be determined by the Adminis-
trator in accordance with guidance issued by the Adminis-
trator. 
"(B) SMALL WATERSHED GRANTS PROGRAM.—^The Fed-
eral 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 Administrator. 
"(3) NON-FEDERAL SHARE.—^An assistance grant under para-
graph (1) shall be provided on the condition that non-Federal 
sources provide the remainder of eligible project costs, as deter-
mined 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 management mechanisms 
established under the Chesapeake Bay Agreement, subject 
to such terms and conditions as the Administrator considers 
appropriate; and 
"(B) may make a grant to a signatory jurisdiction for 
the purpose of monitoring the Chesapeake Bay ecosystem. 
"(2) PROPOSALS.— 
"(A) IN GENERAL.—^A signatory jurisdiction described 
in paragraph (1) may apply for a grant under this sub-
section for a fiscal year by submitting to the Administrator 
a comprehensive proposal to implement 
management 
mechanisms established under the Chesapeake Bay Agree-
ment. 
"(B) CONTENTS.—^A proposal under subparagraph (A) 
shall include— 
"(i) a description of proposed management mecha-
nisms that the jurisdiction commits to take within 
a specified time period, such as reducing or preventing 
pollution in the Chesapeake Bay and its watershed 
or meeting applicable water quality standards or estab-
lished goals and objectives under the Chesapeake Bay 
Agreement; and 
"(ii) the estimated cost of the actions proposed 
to be taken during the fiscal year. 
"(3) APPROVAL.—If the Administrator finds that the pro-
posal is consistent with the Chesapeake Bay Agreement and 
the national goals established under section 101(a), the 
Administrator may approve the proposal for an award. 
114 STAT. 1970 
PUBLIC LAW 106-457—NOV. 7, 2000 
Deadline. 
Public 
information. 
"(4) FEDERAL SHARE.—^The Federal share of a grant under 
this subsection shall not exceed 50 percent of the cost of imple-
menting the management mechanisms during the fiscal year. 
"(5) NON-FEDERAL SHARE.—^A grant under this subsection 
shall be made on the condition that non-Federal sources provide 
the remainder of the costs of implementing the management 
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 available to the public 
a document that lists and describes, 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. 
"(f) FEDERAL FACILITIES AND BUDGET COORDINATION.— 
"(1) SUBWATERSHED PLANNING AND RESTORATION.—^A Fed-
eral agency that owns or operates a facility (as defined by 
the Administrator) within the Chesapeake Bay watershed shall 
participate in regional and subwatershed planning and restora-
tion programs. 
"(2) COMPLIANCE WITH AGREEMENT.—The head of each Fed-
eral agency that owns or occupies real property in the Chesa-
peake 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 subsequent 
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, planning, 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. 
"(B) DISCLOSURE TO THE COUNCIL.—The head of each 
agency referred to in subparagraph (A) shall disclose the 
report under that subparagraph with the Chesapeake 
Executive Council as appropriate. 
"(g) CHESAPEAKE BAY PROGRAM.— 
"(1) MANAGEMENT 
STRATEGIES.—^The Administrator, 
in 
coordination with other members of the Chesapeake Executive 
Council, shall ensure that management plans are developed 
and implementation is begun by signatories to the Chesapeake 
Bay Agreement to achieve and maintain— 
"(A) the nutrient goals of the Chesapeake Bay Agree-
ment for the quantity of nitrogen and phosphorus entering 
the Chesapeake Bay and its watershed; 
"(B) the water quality requirements necessary to 
restore living resources in the Chesapeake Bay ecosystem; 
"(C) the Chesapeake Bay Basinwide Toxins Reduction 
and Prevention Strategy goal of reducing or eliminating 
PUBLIC LAW 106-457—NOV. 7, 2000 
114 STAT. 1971 
the input of chemical contaminants from all controllable 
sources to levels that result in no toxic or bioaccumulative 
impact on the living resources of the Chesapeake Bay eco-
system or on human health; 
"(D) habitat restoration, protection, creation, and 
enhancement goals established by Chesapeake Bay Agree-
ment signatories for wetlands, riparian forests, and other 
types of habitat associated with the Chesapeake Bay eco-
system; and 
"(E) the restoration, protection, creation, and enhance-
ment goals established Ijy the Chesapeake Bay Agreement 
signatories for living resources associated with the Chesa-
peake Bay ecosystem. 
"(2) SMALL WATERSHED GRANTS PROGRAM.—^The Adminis-
trator, in cooperation with the Chesapeake Executive Council, 
shall— 
"(A) establish a small watershed grants program as 
part of the Chesapeake Bay Program; and 
"(B) offer technical assistance and assistance grants 
under subsection (d) to local governments and nonprofit 
organizations and individuals in the Chesapeake Bay 
region to implement— 
"(i) cooperative tributary basin strategies that 
address the water quality and living resource needs 
in the Chesapeake Bay ecosystem; and 
"(ii) locally based protection and restoration pro-
grams or projects within a watershed that complement 
the tributary basin strategies, including the creation, 
restoration, protection, or enhancement of habitat asso-
ciated with the Chesapeake Bay ecosystem. 
"(h) STUDY OF CHESAPEAKE BAY PROGRAM.— 
"(1) IN GENERAL.—Not later than April 22, 2003, and every Deadline. 
5 years thereafter, the Administrator, in coordination with the 
Chesapeake Executive 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; 
"(C) assess the effectiveness of management 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 improved manage-
ment of the Chesapeake Bay Program either by strength-
ening strategies being implemented on the date of enact-
ment of this section or by adopting new strategies; 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 RESPONSE.— 
"(1) IN GENERAL.—Not later than 180 days after the date Deadline, 
of 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 
understanding of the response of the living resources of the 
Chesapeake Bay ecosystem to improvements in water quality 
114 STAT. 1972 
PUBLIC LAW 106-457—NOV. 7, 2000 
that have resulted from investments made through the Chesa-
peake Bay Program. 
"(2) REQUIREMENTS.—^The study shall— 
"(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 response 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 $40,000,000 for each 
of fiscal years 2001 through 2005. Such sums shall remain available 
until expended.". 
TITLE III—NATIONAL ESTUARY 
PROGRAM. 
SEC. 301. ADDITION TO NATIONAL ESTUARY PROGRAM. 
Section 320(a)(2)(B) of the Federal Water Pollution Control 
Act (33 U.S.C. 1330(a)(2)(B)) is amended by inserting "Lake Pont-
chartrain Basin, Louisiana and Mississippi;" before "and Peconic 
Bay, New York.". 
SEC. 302. GRANTS. 
Section 320(g) of the Federal Water Pollution Control Act (33 
U.S.C. 1330(g)) is amended by striking paragraphs (2) and (3) 
and inserting the following: 
"(2) PURPOSES.—Orants under this subsection shall be 
made to pay for activities necessary for the development and 
implementation of a comprehensive conservation and manage-
ment plan under this section. 
"(3) FEDERAL SHARE.—The Federal share of a grant to 
any person (including a State, interstate, or regional agency 
or entity) under this subsection for a fiscal year— 
"(A) shall not exceed— 
"(i) 75 percent of the annual aggregate costs of 
the development of a comprehensive conservation and 
management plan; and 
"(ii) 50 percent of the annual aggregate costs of 
the implementation of the plan; and 
"(B) shall be made on condition that the non-Federal 
share of the costs are provided from non-Federal sources.". 
SEC. 303. AUTHORIZATION OF APPROPRIATIONS. 
Section 320(i) of the Federal Water Pollution Control Act (33 
U.S.C. 1330(i)) is amended by striking "$12,000,000 per fiscal year 
for each of fiscal years 1987, 1988, 1989, 1990, and 1991" and 
inserting "$35,000,000 for each of fiscal years 2001 through 2005". 
PUBLIC LAW 106-457—NOV. 7, 2000 
114 STAT. 1973 
TITLE IV—LONG ISLAND SOUND 
RESTORATION 
SEC. 401. SHORT TITLE. 
This title may be cited as the "Long Island Sound Restoration 
Act". 
SEC. 402. INNOVATIVE METHODOLOGIES AND TECHNOLOGIES. 
Section 119(c)(1) of the Federal Water Pollution Control Act 
(33 U.S.C. 1269(c)(1)) is amended by inserting ", including efforts 
to establish, within the process for granting watershed general 
permits, a system for promoting innovative methodologies and tech-
nologies that are cost-effective and consistent with the goals of 
the Plan" before the semicolon at the end. 
SEC. 403. ASSISTANCE FOR DISTRESSED COMMUNITIES. 
Section 119 of the Federal Water Pollution Control Act (33 
U.S.C. 1269) is amended— 
(1) by redesignating subsection (e) as subsection (f); and 
(2) by inserting after subsection (d) the following: 
"(e) ASSISTANCE TO DISTRESSED COMMUNITIES.— 
"(1) ELIGIBLE COMMUNITIES.—For the purposes of this sub-
section, a distressed community is any community that meets 
affordability criteria established by the State in which the 
community is located, if such criteria are developed after public 
review and comment. 
"(2) PRIORITY.—In making assistance available under this 
section for the upgrading of wastewater treatment facilities, 
the Administrator may give priority to a distressed commu-
nity.". 
SEC. 404. AUTHORIZATION OF APPROPRIATIONS. 
Section 119(f) of the Federal Water Pollution Control Act (as 
redesignated by section 403 of this Act) is amended— 
(1) in paragraph (1) by striking "1991 through 2001" and 
inserting "2001 through 2005"; and 
(2) in paragraph (2) by striking "not to exceed $3,000,000 
for each of the fiscal years 1991 through 2001" and inserting 
"not to exceed $40,000,000 for each of fiscal years 2001 through 
2005". 
Long Island 
Sound 
Restoration Act. 
33 use 1251 
note. 
TITLE V—LAKE PONTCHARTRAIN BASIN 
RESTORATION 
SEC. 501. SHORT TITLE. 
5 
This title may be cited as the "Lake Pontchartrain Basin Res-
toration Act of 2000". 
SEC. 502. LAKE PONTCHARTRAIN BASIN. 
Title I of the Federal Water Pollution Control Act (33 U.S.C. 
1251 et seq.) is amended by adding at the end the following: 
Lake 
Pontchartrain 
Basin 
Restoration Act 
of2000. 
114 STAT. 1974 
PUBLIC LAW 106-457—NOV. 7, 2000 
33 use 1273. 
"SEC. 121. LAKE PONTCHARTRAIN BASIN. 
"(a) ESTABLISHMENT OF RESTORATION PROGRAM.—^The Adminis-
trator shall establish within the Environmental Protection Agency 
the Lake Pontchartrain Basin Restoration Program. 
"(b) PURPOSE.—^The purpose of the program shall be to restore 
the ecological health of the Basin by developing and funding restora-
tion projects and related scientific and public education projects. 
"(c) DUTIES.—In carrying out the program, the Administrator 
shall— 
"(1) provide administrative and technical assistance to a 
management conference convened for the Basin under section 
320; 
"(2) assist and support the activities of the management 
conference, including the implementation of recommendations 
of the management conference; 
"(3) support environmental monitoring of the Basin and 
research to provide necessary technical and scientific informa-
tion; 
"(4) develop a comprehensive research plan to address the 
technical needs of the program; 
"(5) coordinate the grant, research, and planning programs 
authorized under this section; and 
Public 
"(6) collect and make available to the public publications, 
information. 
and other forms of information the management conference 
determines to be appropriate, relating to the environmental 
quality of the Basin. 
"(d) GRANTS.—^The Administrator may make grants— 
"(1) for restoration projects and studies recommended by 
a management conference convened for the Basin under section 
320; and 
"(2) for public education projects recommended by the 
management conference. 
"(e) DEFINITIONS.—In this section, the following definitions 
apply: 
"(1) BASIN.—^The term 'Basin' means the Lake Pont-
chartrain Basin, a 5,000 square mile watershed encompassing 
16 parishes in the State of Louisiana and 4 counties in the 
State of Mississippi. 
"(2) PROGRAM.—^The term 'program' means the Lake Pont-
chartrain Basin Restoration Program established under sub-
section (a). 
"(f) AUTHORIZATION OF APPROPRIATIONS.— 
"(1) IN GENERAL.—^There is authorized to be appropriated 
to carry out this section $20,000,000 for each of fiscal years 
2001 through 2005. Such sums shall remain available until 
expended. 
"(2) PUBLIC EDUCATION PROJECTS.—^Not more than 15 per-
cent of the amount appropriated pursuant to paragraph (1) 
in a fiscal year may be expended on grants for public education 
projects under subsection (d)(2).". 
PUBLIC LAW 106-457—NOV. 7, 2000 
114 STAT. 1975 
TITLE VI—ALTERNATIVE WATER 
iSOURCyLd 
Alternative 
Water Sources 
Act of 2000. 
SEC. 601. SHORT TITLE. 
33 USC 1251 
This title may be cited as the "Alternative Water Sources 
Act of 2000". 
SEC. 602. PILOT PROGRAM 
FOR 
ALTERNATIVE WATER SOURCE 
PROJECTS. 
Title II of the Federal Water Pollution Control Act (33 U.S.C. 
1281 et seq.) is amended by adding at the end the following: 
"SEC. 220. PILOT PROGRAM FOR ALTERNATIVE WATER SOURCE 
PROJECTS. 
33 USC 1300. 
"(a) POLICY.—Nothing in this section shall be construed to 
affect the application of section 101(g) of this Act and all of the 
provisions of this section shall be carried out in accordance with 
the provisions of section 101(g). 
"(b) IN GENERAL.—^The Administrator may establish a pilot 
program to make grants to State, interstate, and intrastate water 
resource development agencies (including water management dis-
tricts and water supply authorities), local government agencies, 
private utilities, and nonprofit entities for alternative water source 
projects to meet critical water supply needs. 
"(c) ELIGIBLE ENTITY.—^The Administrator may make grants 
under this section to an entity only if the entity has authority 
under State law to develop or provide water for municipal, indus-
trial, and agricultural uses in an area of the State that is experi-
encing critical water supply needs. 
"(d) SELECTION OF PROJECTS.— 
"(1) LIMITATION.—^A project that has received funds under 
the reclamation and reuse program conducted under the Rec-
lamation Projects Authorization and Adjustment Act of 1992 
(43 U.S.C. 390h et seq.) shall not be eligible for grant assistance 
under this section. 
"(2) ADDITIONAL CONSIDERATION.—In making grants under 
this section, the Administrator shall consider whether the 
project is located within the boundaries of a State or area 
referred to in section 1 of the Reclamation Act of June 17, 
1902 (32 Stat. 385), and within the geographic scope of the 
reclamation and reuse program conducted under the Reclama-
tion Projects Authorization and Adjustment Act of 1992 (43 
U.S.C. 390h et seq.). 
"(3) 
GEOGRAPHICAL 
DiSTRiBUTiON.^Altemative 
water 
source projects selected by the Administrator under this section 
shall reflect a variety of geographical and environmental condi-
tions. 
"(e) COMMITTEE RESOLUTION PROCEDURE.— 
"(1) IN GENERAL.—^No appropriation shall be made for any 
alternative water source project under this section, the total 
Federal cost of which exceeds $3,000,000, if such project has 
not been approved by a resolution adopted by the Committee 
on Transportation and Infrastructure of the House of Rep-
resentatives or the Committee on Environment and Public 
Works of the Senate. 
114 STAT. 1976 
PUBLIC LAW 106-457—NOV. 7, 2000 
"(2) 
REQUIREMENTS FOR SECURING CONSIDERATION.—For 
purposes of securing consideration of approval under paragraph 
(1), the Administrator shall provide to a committee referred 
to in paragraph (1) such information as the committee requests 
and the non-Federal sponsor shall provide to the committee 
information on the costs and relative needs for the alternative 
water source project. 
"(f) USES OF GRANTS.—^Amounts from grants received under 
this section may be used for engineering, design, construction, and 
final testing of alternative water source projects designed to meet 
critical water supply needs. Such amounts may not be used for 
planning, feasibility studies or for operation, maintenance, replace-
ment, repair, or rehabilitation. 
"(g) COST SHARING.—^The Federal share of the eligible costs 
of an alternative water source project carried out using assistance 
made available under this section shall not exceed 50 percent. 
DeadUne. 
"(h) REPORTS.—On or before September 30, 2004, the Adminis-
trator shall transmit to Congress a report on the results of the 
pilot program established under this section, including progress 
made toward meeting the critical water supply needs of the partici-
pants in the pilot program. 
"(i) DEFINITIONS.—In this section, the following definitions 
apply: 
"(1) ALTERNATIVE 
WATER 
SOURCE PROJECT.—The term 
'alternative water source project' means a project designed to 
provide municipal, industrial, and agricultural water supplies 
in an environmentally sustainable manner by conserving, man-
aging, reclaiming, or reusing water or wastewater or by treating 
wastewater. Such term does not include water treatment or 
distribution facilities. 
"(2) CRITICAL WATER SUPPLY NEEDS.—^The term 'critical 
water supply needs' means existing or reasonably anticipated 
future water supply needs that cannot be met by existing 
water supplies, as identified in a comprehensive statewide or 
regional water supply plan or assessment projected over a 
planning period of at least 20 years. 
"(j) AUTHORIZATION OF APPROPRIATIONS.—^There is authorized 
to be appropriated to carry out this section a total of $75,000,000 
for fiscal years 2002 through 2004. Such sums shall remain avail-
able until expended.". 
TITLE VII—CLEAN LAKES 
SEC. 701. GRANTS TO STATES. 
Section 314(c)(2) of the Federal Water Pollution Control Act 
(33 U.S.C. 1324(c)(2)) is amended by striking "$50,000,000" the 
first place it appears and all that follows through "1990" and 
inserting "$50,000,000 for each of fiscal years 2001 through 2005". 
SEC. 702. DEMONSTRATION PROGRAM. 
Section 314(d) of the Federal Water Pollution Control Act (33 
U.S.C. 1324(d)) is amended— 
(1) in paragraph (2) by inserting "Otsego Lake, New York; 
Oneida Lake, New York; Raystown Lake, Pennsylvania; Swan 
Lake, Itasca County, Minnesota; Walker Lake, Nevada; Lake 
Tahoe, California and Nevada; Ten Mile Lakes, Oregon; 
PUBLIC LAW 106-457—NOV. 7, 2000 
114 STAT. 1977 
Woahink Lake, Oregon; Highland Lake, Connecticut; Lily Lake, 
New Jersey; Strawbridge Lake, New Jersey; Baboosic Lake, 
New Hampshire; French Pond, New Hampshire; Dillon Res-
ervoir, Ohio; Tohopekaliga Lake, Florida; Lake Apopka, Florida; 
Lake George, New York; Lake Wallenpaupack, Pennsylvania; 
Lake Allatoona, Georgia;" after "Sauk Lake, Minnesota;"; 
(2) in paragraph (3) by striking "By" and inserting "Not-
withstanding section 3003 of the Federal Reports Elimination 
and Sunset Act of 1995 (31 U.S.C. 1113 note; 109 Stat. 734-
736), by"; and 
(3) in paragraph (4)(B)(i) by striking "$15,000,000" and 
inserting "$25,000,000". 
TITLE VIII—TIJUANA RIVER VALLEY 
ESTUARY AND BEACH CLEANUP 
SEC. 801. SHORT TITLE. 
This title may be cited as the "Tijuana River Valley Estuary 
and Beach Sewage Cleanup Act of 2000". 
SEC. 802. PURPOSE. 
The purpose of this title is to authorize the United States 
to take actions to address comprehensively the treatment of sewage 
emanating from the Tijuana River area, Mexico, that flows 
untreated or partially treated into the United States causing signifi-
cant adverse public health and environmental impacts. 
SEC. 803. DEFINITIONS. 
In this title, the following definitions apply: 
(1) ADMINISTRATOR.—^The term "Administrator" means the 
Administrator of the Environmental Protection Agency. 
(2) COMMISSION.—The term "Commission" means 
the 
United States section of the International Boundary and Water 
Commission, United States and Mexico. 
(3) IWTP.—The term "IWTF' means the South Bay Inter-
national Wastewater Treatment Plant constructed under the 
provisions of the Federal Water Pollution Control Act (33 U.S.C. 
1251 et seq.), section 510 of the Water QuaUty Act of 1987 
(101 Stat. 80-82), and Treaty Minutes to the Treaty for the 
Utilization of Waters of the Colorado and Tijuana Rivers and 
of the Rio Grande, dated February 3, 1944. 
(4) SECONDARY TREATMENT.—^The term "secondary treat-
ment" has the meaning such term has under the Federal Water 
Pollution Control Act and its implementing regulations. 
(5) SECRETARY.—^The term "Secretar/' means the Secretary 
of State. 
(6) MEXICAN FACILITY.—^The term "Mexican facility" means 
a proposed public-private wastewater treatment facility to be 
constructed and operated under this title within Mexico for 
the purpose of treating sewage flows generated within Mexico, 
which flows impact the surface waters, health, and safety of 
the United States and Mexico. 
(7) MGD.—^The term "mgd" means million gallons per day. 
Tijuana River 
Valley Estuary 
and Beach 
Sewage Cleanup 
Act of 2000. 
Mexico. 
22 use 277d-43 
note. 
22 use 277d-43 
note. 
22 use 277d-43. 
114 STAT. 1978 
PUBLIC LAW 106-457—NOV. 7, 2000 
22 use 277d-44. 
SEC. 804. ACTIONS TO BE TAKEN BY THE COMMISSION AND THE 
ADMINISTRATOR. 
(a) SECONDARY TREATMENT.— 
(1) IN GENERAL.—Subject to the negotiation and conclusion 
of a new Treaty Minute or the amendment of Treaty Minute 
283 under section 1005 of this Act, and notwithstanding section 
510(b)(2) of the Water QuaUty Act of 1987 (101 Stat. 81), 
the Commission is authorized and directed to provide for the 
secondary treatment of a total of not more than 50 mgd in 
Mexico— 
(A) of effluent from the IWTP if such treatment is 
not provided for at a facility in the United States; and 
(B) of additional sewage emanating from the Tijuana 
River area, Mexico. 
(2) ADDITIONAL AUTHORITY.—Subject to the results of the 
comprehensive plan developed under subsection (b) revealing 
a need for additional secondary treatment capacity in the San 
Diego-Tijuana border region and recommending the provision 
of such capacity in Mexico, the Commission may provide not 
more than an additional 25 mgd of secondary treatment 
capacity in Mexico for treatment described in paragraph (1). 
Deadline. 
(b) COMPREHENSIVE PLAN.—^Not later than 24 months after 
the date of enactment of this Act, the Administrator shall develop 
a comprehensive plan with stakeholder involvement to address 
the transborder sanitation problems in the San Diego-Tijuana 
border region. The plan shall include, at a minimum— 
(1) an analysis of the long-term secondary treatment needs 
of the region; 
(2) an analysis of upgrades in the sewage collection system 
serving the Tijuana area, Mexico; and 
(3) an identification of options, and recommendations for 
preferred options, for additional sewage treatment capacity for 
future flows emanating from the Tijuana River area, Mexico. 
(c) CONTRACT.— 
(1) IN GENERAL.—Subject to the availability of appropria-
tions to carry out this subsection and notwithstanding any 
provision of Federal procurement law, upon conclusion of a 
new Treaty Minute or the amendment of Treaty Minute 283 
under section 5, the Commission may enter into a fee-for-
services contract with the owner of a Mexican facility in order 
to carry out the secondary treatment requirements of subsection 
(a) and make pajmients under such contract. 
(2) TERMS.—^Any contract under this subsection shall pro-
vide, at a minimum, for the following: 
(A) Transportation of the advanced primary effluent 
from the IWTP to the Mexican facility for secondary treat-
ment. 
(B) Treatment of the advanced primary effluent from 
the IWTP to the secondary treatment level in compliance 
with water quality laws of the United States, California, 
and Mexico. 
(C) Return conveyance from the Mexican facility of 
any such treated effluent that cannot be reused in either 
Mexico or the United States to the South Bay Ocean Outfall 
for discharge into the Pacific Ocean in compliance with 
water quality laws of the United States and California. 
PUBLIC LAW 106-457—NOV. 7, 2000 
114 STAT. 1979 
(D) Subject to the requirements of subsection (a), addi-
tional 
sewage 
treatment 
capacity 
that 
provides 
for 
advanced primary and secondary treatment of sewage 
described in subsection (a)(1)(B) in addition to the capacity 
required to treat the advanced primary effluent from the 
IWTP. 
(E) A contract term of 20 years. 
(F) Arrangements for monitoring, verification, and 
enforcement of compUance with United States, CaHfomia, 
and Mexican water quahty standards. 
(G) Arrangements for the disposal and use of sludge, 
produced from the IWTP and the Mexican facility, at a 
location or locations in Mexico. 
(H) Maintenance by the owner of the Mexican facility 
at all times throughout the term of the contract of a 20 
percent equity position in the capital structure of the Mexi-
can facility. 
(I) Payment of fees by the Commission to the owner 
of the Mexican facility for sewage treatment services with 
the annual amount payable to reflect all agreed upon costs 
associated with the development, financing, construction, 
operation, and maintenance of the Mexican facility, with 
such annual pa3mient to maintain the owner's 20 percent 
equity position throughout the term of the contract. 
(J) Provision for the transfer of ownership of the Mexi-
can facility to the United States, and provision for a can-
cellation fee by the United States to the owner of the 
Mexican facility, if the Commission fails to perform its 
obligations under the contract. The cancellation fee shall 
be in amounts declining over the term of the contract 
anticipated to be sufficient to repay construction debt and 
other amounts due to the owner that remain unamortized 
due to early termination of the contract. 
(K) Provision for the transfer of ownership of the Mexi-
can facility to the United States, without a cancellation 
fee, if the owner of the Mexican facility fails to perform 
the obligations of the owner under the contract. 
(L) The use of competitive procedures, consistent with 
title III of the Federal Property and Administrative Serv-
ices Act of 1949 (41 U.S.C. 251 et seq.), by the owner 
of the Mexican facility in the procurement of property 
or services for the engineering, construction, and operation 
and maintenance of the Mexican facility. 
(M) An opportunity for the Commission to review and 
approve the selection of contractors providing engineering, 
construction, and operation and maintenance for the Mexi-
can facility. 
(N) The maintenance by the owner of the Mexican 
facility of all records (including books, documents, papers, 
reports, and other materials) necessary to demonstrate 
compliance with the terms of this section and the contract. 
(O) Access by the Inspector General of the Department 
of State or the designee of the Inspector General for audit 
and examination of all records maintained pursuant to 
subparagraph (N) to facilitate the monitoring and evalua-
tion required under subsection (d). 
Records. 
Records. 
114 STAT. 1980 
PUBLIC LAW 106-457—NOV. 7, 2000 
(P) Offsets or credits against the payments to be made 
by the Commission under this section to reflect an agreed 
upon percentage of pa3anents that the owner of the Mexican 
faciUty receives through the sale of water treated by the 
facihty. 
(d) IMPLEMENTATION.— 
(1) IN GENERAL.—^The Inspector General of the Department 
of State shall monitor the implementation of any contract 
entered into under this section and evaluate the extent to 
which the owner of the Mexican facility has met the terms 
of this section and fulfilled the terms of the contract. 
Deadline. 
(2) REPORT.—^The Inspector General shall transmit to Con-
gress a report containing the evaluation under paragraph (1) 
not later than 2 years after the execution of any contract 
with the owner of the Mexican facility under this section, 
3 years thereafter, and periodically after the second report 
under this paragraph. 
22 use 277d-^. 
SEC. 805. NEGOTIATION OF NEW TREATY MINUTE. 
(a) CONGRESSIONAL STATEMENT.—In light of the existing threat 
to the environment and to public health and safety within the 
United States as a result of the river and ocean pollution in the 
San Diego-Tijuana border region, the Secretary is requested to 
give the highest priority to the negotiation and execution of a 
new Treaty Minute, or a modification of Treaty Minute 283, con-
sistent with the provisions of this title, in order that the other 
provisions of this title to address such pollution may be implemented 
as soon as possible. 
(b) NEGOTIATION.— 
(1) INITIATION.—^The Secretary is requested to initiate nego-
tiations with Mexico, within 60 days after the date of enactment 
of this Act, for a new Treaty Minute or a modification of 
Treaty Minute 283 consistent with the provisions of this title. 
(2) IMPLEMENTATION.—Implementation of a new Treaty 
Minute or of a modification of Treaty Minute 283 under this 
title shall be subject to the provisions of the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4321 et seq.). 
(3) MATTERS TO BE ADDRESSED.—^A new Treaty Minute 
or a modification of Treaty Minute 283 under paragraph (1) 
should address, at a minimum, the following: 
(A) The siting of treatment facilities in Mexico and 
in the United States. 
(B) Provision for the secondary treatment of effluent 
from the IWTP at a Mexican facility if such treatment 
is not provided for at a facility in the United States. 
(C) Provision for additional capacity for advanced pri-
mary and secondary treatment of additional sewage ema-
nating from the Tijuana River area, Mexico, in addition 
to the treatment capacity for the advanced primary effluent 
from the IWTP at the Mexican facility. 
(D) Provision for any and all approvals from Mexican 
authorities necessary to facilitate water quality verification 
and enforcement at the Mexican facility. 
(E) Any terms and conditions considered necessary 
to allow for use in the United States of treated effluent 
from the Mexican facility, if there is reclaimed water which 
is surplus to the needs of users in Mexico and such use 
PUBLIC LAW 106-457—NOV. 7, 2000 
114 STAT. 1981 
is consistent with applicable United States and California 
law. 
(F) Any other terms and conditions considered nec-
essary by the Secretary in order to implement the provi-
sions of this title. 
SEC. 806. AUTHORIZATION OF APPROPRIATIONS. 
There is authorized to be appropriated a total of $156,000,000 
for fiscal years 2001 through 2005 to carry out this title. Such 
sums shall remain available until expended. 
TITLE IX—GENERAL PROVISIONS 
22 use 277d-46. 
SEC. 901. PURCHASE OF AMERICAN-MADE EQUIPMENT AND PROD-
UCTS. 
(a) IN GENERAL.—It is the sense of Congress that, to the extent 
practicable, all equipment and products purchased with funds made 
available under this Act should be American made. 
(b) NOTICE TO RECIPIENTS OF ASSISTANCE.—The head of each 
Federal Agency providing financial assistance under this Act, to 
the extent practicable, shall provide to each recipient of the assist-
ance a notice describing the statement made in subsection (a). 
SEC. 902. LONG-TERM ESTUARY ASSESSMENT. 
(a) IN GENERAL.—^The Secretary of Commerce (acting through 
the Under Secretary for Oceans and Atmosphere) and the Secretary 
of the Interior (acting through the Director of the Geological Survey) 
may carry out a long-term estuary assessment project (in this 
section referred to as the "project") in accordance with the require-
ments of this section. 
(b) PURPOSE.—^The purpose of the project shall be to establish 
a network of strategic environmental assessment and monitoring 
projects for the Mississippi River south of Vicksburg, Mississippi, 
and the Gulf of Mexico, in order to develop advanced long-term 
assessment and monitoring systems and models relating to the 
Mississippi River and other aquatic ecosystems, including devel-
oping equipment and techniques necessary to implement the project. 
(c) MANAGEMENT AGREEMENT.—^To establish, operate, and 
implement the project, the Secretary of Commerce and the Secretary 
of the Interior may enter into a management agreement with a 
university-based consortium. 
(d) AUTHORIZATION OF APPROPRLVTIONS.—There is authorized 
to be appropriated— 
(1) $1,000,000 for fiscal year 2001 to develop the manage-
ment agreement under subsection (c); and 
(2) $4,000,000 for each of fiscal years 2002, 2003, 2004, 
and 2005 to carry out the project. 
Such sums shall remain available until expended. 
33 use 2901 
note. 
Mississippi. 
33 use 2901 
note. 
114 STAT. 1982 
PUBLIC LAW 106-457—NOV. 7, 2000 
SEC. 903. RURAL SANITATION GRANTS. 
Section 303(e) of the Safe Drinking Water Act Amendments 
of 1996 (33 U.S.C. 1263a(e)) is amended by striking "$15,000,000" 
and all that follows through "section." and inserting the following: 
"to carry out this section $40,000,000 for each of fiscal years 2001 
through 2005.". 
Approved November 7, 2000. 
LEGISLATIVE HISTORY—S. 835 (H.R. 1775) (H.R. 3039): 
HOUSE REPORTS: Nos. 106-550 accompanying H.R. 3039 (Comm. on Transpor-
tation and Infrastructure), 106-561, Pt. 1 (Comm. on Transpor-
tation and Infrastructvure) and Pt. 2 (Comm. on Resources) 
botii accompanying H.R. 1775, and 106-995 (Comm. of Con-
ference). 
SENATE REPORTS: No. 10&-189 (Comm. on Environment and Public Works). 
CONGRESSIONAL RECORD Vol. 146 (2000): 
Mar. 30, considered and passed Senate. 
Sept. 12, considered and passed House, amended. 
Oct. 23, Senate agreed to conference report. 
Oct. 25, House agreed to conference report.