[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1438 Introduced in House (IH)]

  1st Session
                                H. R. 1438

  To amend the Federal Water Pollution Control Act to provide special 
 funding to States for implementation of national estuary conservation 
             and management plans, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 6, 1995

Mrs. Lowey (for herself, Ms. DeLauro, Mr. Gejdenson, Mrs. Kennelly, Mr. 
       Bonior, Mr. Yates, Mr. Miller of California, Mr. Frank of 
 Massachusetts, Mr. Ackerman, Mr. Engel, Mr. Manton, Mr. Serrano, Ms. 
 Eshoo, Mr. Filner, Ms. Pelosi, Ms. Woolsey, Ms. Furse, Mr. Reed, Mr. 
Torres, Ms. Harman, Ms. Norton, Mr. Pallone, Mr. McDermott, Mr. Towns, 
 Mr. Waxman, Ms. Waters, Mr. Dicks, Mr. Vento, Mr. Wynn, Mr. Gonzalez, 
 Ms. Velazquez, Mr. Johnston of Florida, Mr. Martinez, Mr. Markey, Mr. 
    Berman, Mr. Hinchey, Mr. Romero-Barcelo, and Mr. Faleomavaega) 
 introduced the following bill; which was referred to the Committee on 
Transportation and Infrastructure, and in addition to the Committee on 
 Resources, for a period to be subsequently determined by the Speaker, 
 in each case for consideration of such provisions as fall within the 
                jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
  To amend the Federal Water Pollution Control Act to provide special 
 funding to States for implementation of national estuary conservation 
             and management plans, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``DeLauro-Lowey Water Pollution 
Control and Estuary Restoration Act''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--The Congress finds the following:
            (1) The Nation's estuaries are a vital natural resource to 
        which many regional economies are closely tied.
            (2) Many of the Nation's estuaries are under a severe 
        threat from point source pollution and polluted run-off 
        (nonpoint source pollution) and from habitat alteration and 
        destruction.
            (3) Only through expanded investments in waste water 
        treatment and other water and sediment pollution control and 
        prevention efforts can the environmental and economic values of 
        the Nation's estuaries be restored and protected.
            (4) The National Estuary Program created under the Federal 
        Water Pollution Control Act has significantly advanced the 
        Nation's understanding of the declining condition of the 
        Nation's estuaries.
            (5) The National Estuary Program has also provided precise 
        information about the corrective and preventative measures 
        required to reverse the degradation of water and sediment 
        quality and to halt the alteration and destruction of vital 
        habitat in the Nation's estuaries.
            (6) The level of funding available to States, 
        municipalities, and the Environmental Protection Agency for 
        implementation of approved conservation and management plans is 
        inadequate, and additional financial resources must be 
        provided.
            (7) Funding for implementation of approved conservation and 
        management plans should be provided under the State revolving 
        loan fund program authorized by title VI of the Federal Water 
        Pollution Control Act.
            (8) Authorization levels for State revolving loan fund 
        capitalization grants should be increased by an amount 
        necessary to ensure the achievement of the goals of the Federal 
        Water Pollution Control Act.
    (b) Purposes.--The purposes of this Act are--
            (1) to expand and strengthen efforts to combat the serious 
        and growing water and sediment quality problems in estuaries of 
        national significance identified under the Federal Water 
        Pollution Control Act;
            (2) to provide significant levels of Federal assistance to 
        States and municipalities seeking to implement comprehensive 
        conservation and management plans for those estuaries;
            (3) to reauthorize section 320 of the Federal Water 
        Pollution Control Act in order to improve the development and 
        implementation of comprehensive conservation and management 
        plans for those estuaries; and
            (4) to extend and increase Federal support for the State 
        water pollution control revolving fund program in order to 
        address various water and sediment quality problems in the 
        waters of the United States.

SEC. 3. EXTENSION OF WATER POLLUTION CONTROL REVOLVING LOAN FUND 
              PROGRAM.

    (a) Allotment Formula.--Section 604(a) of the Federal Water 
Pollution Control Act (33 U.S.C. 1383(a)) is amended--
            (1) by striking ``Sums authorized'' and inserting ``Except 
        as provided in section 608, sums authorized''; and
            (2) by striking ``and 1990'' and inserting ``through 
        2002''.
    (b) Funding.--Section 607 of such Act (33 U.S.C. 1387) is amended 
by striking ``the following sums:'' and all that follows through the 
end of the section and inserting the following: ``$4,000,000,000 for 
each of the fiscal years 1996 and 1997, and $5,000,000,000 for each of 
the fiscal years 1998, 1999, 2000, 2001, and 2002.''.

SEC. 4. FUNDING FOR IMPLEMENTATION OF ESTUARY CONSERVATION AND 
              MANAGEMENT PLANS.

    Title VI of the Federal Water Pollution Control Act (33 U.S.C. 1381 
et seq.) is amended by adding at the end the following:

``SEC. 608. CAPITALIZATION GRANTS TO STATES FOR IMPLEMENTING ESTUARY 
              CONSERVATION AND MANAGEMENT PLANS.

    ``(a) Set-Aside for Implementing Approved Plans.--
            ``(1) Set-aside.--
                    ``(A) In general.--Of amounts appropriated under 
                the authority of section 607 for each fiscal year, the 
                applicable percentage under subparagraph (B) shall be 
                used by the Administrator to make capitalization grants 
                under this title to qualified States.
                    ``(B) Percentage.--For purposes of subsection (A), 
                the applicable percentage is--
                            ``(i) 2.5 percent for fiscal year 1996;
                            ``(ii) 5 percent for fiscal year 1997;
                            ``(iii) 7.5 percent for fiscal year 1998;
                            ``(iv) 10 percent for fiscal year 1999;
                            ``(v) 12.5 percent for fiscal year 2000;
                            ``(vi) 15 percent for fiscal year 2001; and
                            ``(vii) 15 percent for fiscal year 2002.
            ``(2) Allocation.--Of amounts required under paragraph (1) 
        to be used for grants to qualified States for a fiscal year, 
        the Administrator shall allocate to each qualified State an 
        amount equal to--
                    ``(A) the total amounts required under paragraph 
                (1) to be used for such grants for that fiscal year, 
                multiplied by
                    ``(B) the percentage specified by the Administrator 
                for the fiscal year for that State under paragraph 
                (3)(B).
            ``(3) Determination of state needs.--Not later than 120 
        days after the date on which all qualified States have 
        submitted under paragraph (4)(A) estimates of the needs of the 
        States for financial assistance for a fiscal year, the 
        Administrator shall--
                    ``(A) determine the needs of each qualified State 
                for financing implementation of approved estuary plans 
                in the fiscal year, based on--
                            ``(i) the Administrator's ranking of each 
                        project or activity included in all the needs 
                        estimates submitted, according to the severity 
                        of the pollution problem each project or 
                        activity will address; and
                            ``(ii) the Administrator's determination of 
                        which projects or activities should be included 
                        in the approved estimate of needs for each 
                        qualifying State; and
                    ``(B) submit to the Congress a report describing 
                the cost of each project or activity included in each 
                approved estimate of needs for each State, the total 
                for all qualified States, and a percentage for purposes 
                of paragraph (2)(B) representing such approved needs of 
                the qualified State relative to such approved needs of 
                all qualified States.
            ``(4) State estimate of needs.--
                    ``(A) Submission.--Not later than July 1 of each 
                year, each qualified State shall submit to the 
                Administrator an estimate of the needs of the State for 
                financial assistance for implementing, monitoring, and 
                enforcing approved estuary plans in the next fiscal 
                year. Such estimates shall include a description of 
                each project and activity for which funding is being 
                sought, the entity which would receive the funding, the 
                need for the project or activity, and its cost. Such 
                estimates may be included in a qualified State's 
                intended use plan under section 606(c), and shall 
                maximize economical planning, design, and construction.
                    ``(B) Consultation.--In preparing an estimate of 
                needs under this paragraph, a qualified State shall 
                consult with each management conference that is 
                monitoring the implementation of an approved estuary 
                plan under section 320 and of which the State is a 
                member.
            ``(5) Failure to submit estimate.--A qualified State which 
        does not submit an estimate for a fiscal year in accordance 
        with paragraph (4) shall not be eligible for any allocation 
        under paragraph (2) for that fiscal year.
    ``(b) Separate Account.--
            ``(1) Establishment of account.--A qualified State shall 
        establish a separate account in its water pollution control 
        revolving fund established under this title, which shall be 
        known as an `Estuary Account'. Amounts of grants to a qualified 
        State under subsection (a) shall be deposited into the Estuary 
        Account established by the State.
            ``(2) Use.--A qualified State may use amounts in its 
        Estuary Account only for providing assistance for the purpose 
        of implementing approved estuary plans that apply to the State.
    ``(c) Types of Assistance.--
            ``(1) In general.--Except as otherwise provided by State 
        law and subject to paragraph (2), amounts in the Estuary 
        Account of a qualified State may be used only for providing the 
        types of assistance described in section 603(d).
            ``(2) Special rules.--
                    ``(A) Extended amortization period.--
                Notwithstanding section 603(d)(1)(A), a loan made by a 
                qualified State with amounts in the Estuary Account of 
                the State may be for a term of not to exceed 40 years 
                or the useful life of any facility constructed with the 
                loan, whichever is less, if the borrower demonstrates 
                to the State that the borrower is experiencing 
                financial hardship.
                    ``(B) Principal subsidies.--In addition to the 
                types of assistance authorized by section 603(d), a 
                qualified State may use amounts of interest earned on 
                amounts in its Estuary Account to subsidize up to 90 
                percent of the principal portion of the amount of debt 
                service of an entity referred to in section 603(c)(1) 
                that, notwithstanding the availability of interest free 
                loans under section 603(d)(1)(A) and extended 
                amortization under subparagraph (A), the State 
                determines is financially unable to carry out a project 
                that is necessary for the implementation of an approved 
                estuary plan.
    ``(d) State Matching.--Notwithstanding section 602(b)(2), a 
qualified State shall deposit into its Estuary Account an amount from 
State funds equal to at least 15 percent of amounts deposited into the 
account in the form of capitalization grants to the State under this 
section.
    ``(e) Definitions.--In this section, the following definitions 
apply:
            ``(1) Approved estuary plan.--The term `approved estuary 
        plan' means a comprehensive conservation and management plan 
        approved by the Administrator under section 320(h).
            ``(2) Estuary account.--The term `Estuary Account' means a 
        separate account established by a qualified State under 
        subsection (b) in its water pollution control revolving fund.
            ``(3) Qualified state.--The term `qualified State' means a 
        State that--
                    ``(A) is subject to an approved estuary plan;
                    ``(B) has established an estuary account in 
                accordance with subsection (b); and
                    ``(C) has fulfilled its responsibilities under 
                section 320 with respect to each management conference 
                under that section of which it is a member.''.

SEC. 5. DISCRETIONARY GRANTS FOR IMPLEMENTATION OF ESTUARY CONSERVATION 
              AND MANAGEMENT PLANS.

    (a) In General.--Section 320 of the Federal Water Pollution Control 
Act (33 U.S.C. 1330) is amended by redesignating subsection (k) as 
subsection (l) and by inserting after subsection (j) the following new 
subsection:
    ``(k) Grants for Implementation of Conservation and Management 
Plans.--
            ``(1) In general.--The Administrator shall make grants to 
        State, interstate, and regional water pollution control 
        agencies and entities, State coastal zone management agencies, 
        interstate agencies, other public or nonprofit agencies, 
        institutions, organizations, Indian tribes, and individuals for 
        implementation of conservation and management plans approved 
        under this section.
            ``(2)  Purposes.--Grants under this subsection, shall be 
        made to assist in aspects of implementation of such plans which 
        involve innovative technology, research and development, 
        education, pollution prevention, comprehensive land use 
        planning, and other activities not generally funded by the 
        State under this title.
            ``(3) Federal share.--The amount of grants to any person 
        (including a State, interstate, or regional agency or entity) 
        under this subsection for a fiscal year shall not exceed 75 
        percent of the cost of implementation of such plans.
            ``(4) Authorization of appropriations.--There is authorized 
        to be appropriated to the Administrator to carry out this 
        subsection not to exceed $50,000,000 per fiscal year for each 
        of fiscal years 1996 through 2002.''.
    (b) Funding for Interim Actions.--Section 320(g)(2) of such Act (33 
U.S.C. 1330(g)(2)) is amended by inserting before the period the 
following: ``, and for appropriate interim actions that are adopted by 
the management conference and approved in accordance with subsection 
(h) to protect the water and sediment quality of the estuary that is 
the subject of such a plan''.
    (c) Grant Reporting.--Section 320(h) of such Act (33 U.S.C. 
1330(h)) is amended by striking ``subsection (g)'' and inserting 
``subsection (i) and that receives a grant under subsection (m)''.
    (d) Conforming Amendment.--Section 320(g) of such Act (33 U.S.C. 
1330(g)) is amended by inserting ``Development'' before ``Grants.--''.

SEC. 6. EXTENSION OF CONSERVATION AND MANAGEMENT PLAN DEVELOPMENT GRANT 
              PROGRAM.

    Section 320(i) of the Federal Water Pollution Control Act (33 
U.S.C. 1330(i)) is amended--
            (1) by inserting ``and $28,000,000 per fiscal year for each 
        of fiscal years 1992 through 2002'' after ``and 1991''; and
            (2) by inserting ``for fiscal years 1987 through 1991, and 
        $8,000,000 per fiscal year of the sums authorized to be 
        appropriated under this subsection for fiscal years 1992 
        through 2002,'' before ``to the Administrator of the 
        National''.

SEC. 7. NATIONAL ESTUARY PROGRAM IMPROVEMENT.

    (a) Management Plans.--Section 320(b) of the Federal Water 
Pollution Control Act (33 U.S.C. 1330(b)) is amended--
            (1) by striking the matter preceding paragraph (1) and 
        inserting the following:
    ``(b) Purposes of Conference.--The purpose of any management 
conference convened with respect to an estuary under this section shall 
be to ensure, through a comprehensive planning process, full 
implementation of the requirements of sections 303, 304(l), 305(b), 
319, 402, and 404 of this Act, and to identify, plan, and ensure 
implementation of additional measures necessary to achieve compliance 
with water quality standards and to protect existing and designated 
uses of coastal waters and the integrity of aquatic habitat. To achieve 
these purposes a management conference shall--'';
            (2) by redesignating paragraphs (1), (2), (3), (4), (5), 
        (6), and (7) as paragraphs (2), (3), (4), (6), (8), (10), and 
        (11), respectively;
            (3) by inserting before paragraph (2), as so redesignated, 
        the following new paragraph:
            ``(1) conduct within 1 year after the convening of the 
        conference a literature survey to identify existing information 
        on the environmental health of the estuary;'';
            (4) by inserting after paragraph (4), as so redesignated, 
        the following:
            ``(5) identify within 3 years after the convening of the 
        conference the major environmental problems and priorities that 
        the comprehensive conservation and management plan will 
        address;'';
            (5) in paragraph (6), as so redesignated, by inserting ``, 
        within 5 years after the date on which the management 
        conference is convened and in accordance with the applicable 
        guidance document published under subsection (e),'' after 
        ``plan'';
            (6) in paragraph (6), as so redesignated, by inserting 
        ``(including policies enforceable under State law)'' after 
        ``actions'';
            (7) by inserting after paragraph (6), as so redesignated, 
        the following:
            ``(7) submit to the Administrator in the first year 
        following the convening of the conference, an initial 5-year 
        budget for the development of the conservation and management 
        plan, and revise such budget on an annual basis;'';
            (8) by inserting after paragraph (8), as so redesignated, 
        the following:
            ``(9) conduct an analysis, within 3 years after the 
        convening of the conference, of any changes to State statutory 
        authority that will be required to implement the conservation 
        and management plan and, provided such changes are more 
        protective of aquatic resources than the previous law, publish 
        the full text of such statutory authority and proposed changes 
        and a plain language description of them in the conservation 
        and management plan proposed for approval under subsection 
        (b)(3), and update such analysis and publication on an annual 
        basis thereafter;'';
            (9) in paragraph (10), as so redesignated, by striking 
        ``and'' after the semicolon;
            (10) in paragraph (11), as so redesignated, by striking the 
        period and inserting a semicolon;
            (11) by inserting after paragraph (11), as so redesignated, 
        the following:
            ``(12) identify all Federal activities (including 
        development projects, financial assistance programs, and 
        licensing and permitting activities) that may affect the 
        requirements and objectives of the conservation and management 
        plan developed under this section, and ensure that such plan is 
        at a minimum consistent with all Federal licensing and 
        permitting requirements of this Act and other Federal laws or 
        provides for greater protection of the integrity of natural 
        aquatic habitat or water or sediment quality;
            ``(13) identify all pollutants and water bodies for which 
        development of maximum daily loads are necessary pursuant to 
        section 303, and establish a schedule whereby all such total 
        maximum daily loads and wasteload and load allocations shall be 
        completed within 5 years of approval of a conservation and 
        management plan pursuant to this section;
            ``(14) ensure that all permits issued under section 402 are 
        current for significant dischargers within an estuary that is 
        subject to a conservation and management plan, and ensure that, 
        if multiple dischargers affect a single segment of such 
        estuary, the dischargers are placed on simultaneous permit 
        issuance schedules to allow for efficient wasteload allocation;
            ``(15) ensure that if an estuary subject to a conservation 
        and management plan is affected by combined sewer overflows, 
        development and implementation of a combined sewer overflow 
        abatement plan is included in the conservation and management 
        plan; and
            ``(16) identify portions of the conservation and management 
        plan developed under this section which should be included in a 
        State coastal zone management program approved under section 
        306(c) of the Coastal Zone Management Act of 1972 and make 
        appropriate recommendations to the Governor and the Under 
        Secretary for that inclusion.''; and
            (12) in the matter following paragraph (16) (as such 
        paragraph is added by this subsection) by striking ``paragraph 
        (7)'' and inserting ``paragraph (11)''.
    (b) Fisheries and Wildlife.--
            (1) Members of conference.--Section 320(c) of the Federal 
        Water Pollution Control Act (33 U.S.C. 1330(c)) is amended--
                    (A) in paragraph (3) by inserting ``including those 
                Federal agencies with responsibility for conserving and 
                protecting living resources including fish, shellfish, 
                and wildlife,'' after ``Federal agency,''; and
                    (B) in paragraph (5) by inserting ``including the 
                agricultural industry,'' after ``industries,''.
            (2) Research.--Section 320(j)(2) of the Federal Water 
        Pollution Control Act (33 U.S.C. 1330(j)(2)) is amended by 
        inserting ``and the Director of the United States Fish and 
        Wildlife Service'' after ``Administration''.
    (c) Participation of Municipalities.--Section 320(c)(4) of the 
Federal Water Pollution Control Act (33 U.S.C. 1330(c)(4)) is amended 
by striking ``local governments'' and inserting ``municipalities''.
    (d) Participation of Environmental Organizations.--Section 
320(c)(5) of the Federal Water Pollution Control Act (33 U.S.C. 
1330(c)(5)) is amended by inserting ``, including environmental 
organizations'' after ``the general public''.
    (e) Duties of Members of Conference.--Section 320 of the Federal 
Water Pollution Control Act (33 U.S.C. 1330) is amended--
            (1) by redesignating subsections (d), (e), (f), (g), (h), 
        (i), (j), (k), and (l) as subsections (f), (g), (h), (i), (j), 
        (k), (l), (m), and (n), respectively; and
            (2) by inserting after subsection (c) the following:
    ``(d) Duties of Members.--
            ``(1) Administrator.--
                    ``(A) In general.--The Administrator shall provide 
                necessary levels of funding and staff resources to 
                carry out the functions of the Administrator related to 
                the development, approval, implementation, and 
                monitoring of a conservation and management plan under 
                this section and of approved interim measures.
                    ``(B) Analysis of federal needs.--Not later than 
                120 days after the date of the enactment of this 
                subparagraph, the Comptroller General of the United 
                States shall submit to the Congress and to the 
                Administrator an analysis of the needs of the 
                Environmental Protection Agency for additional 
                personnel and administrative resources necessary to 
                fully carry out its duties under this section. Such 
                analysis shall include recommendations regarding 
                necessary additional authorizations and appropriations.
                    ``(C) Policy and technical liaison.--The 
                Administrator or his or her designee shall, among other 
                functions performed with respect to management 
                conferences, serve as policy and technical liaison for 
                all participants in management conferences.
            ``(2) Under secretary.--The Under Secretary of Commerce for 
        Oceans and Atmosphere shall provide the necessary levels of 
        funding and staff resources to carry out the functions of the 
        Under Secretary under this section, and shall coordinate the 
        activities of the Under Secretary with each management 
        conference convened under this section.
    ``(e) Guidance Document.--
            ``(1) In general.--Not later than 9 months after the date 
        of the enactment of this paragraph, the Administrator shall 
        issue a guidance document which establishes requirements for--
                    ``(A) management conferences to follow in 
                developing and monitoring conservation and management 
                plans, including requirements to ensure that--
                            ``(i) the plan addresses each existing or 
                        foreseeable material impairment of the 
                        chemical, physical, and biological integrity of 
                        the estuary's waters;
                            ``(ii) the plan authorizes the 
                        Administrator to delete proposed actions from 
                        the plan;
                            ``(iii) the plan ranks each proposed action 
                        included in the plan for funding purposes in 
                        order of priority and authorizes the 
                        Administrator to modify such ranking; and
                            ``(iv) no person engaged in business for 
                        profit or State or local agency or authority 
                        whose responsibilities include the promotion of 
                        economic development shall have the power, 
                        singly or in combination, to prevent the 
                        inclusion of any proposed action in the plan;
                    ``(B) approving the implementation of interim 
                actions to protect the water quality of the estuary for 
                which a conservation and management plan is developed; 
                and
                    ``(C) the Administrator to follow in approving or 
                disapproving each strategy included in such 
                conservation and management plans, including 
                requirements to ensure that effective measures to 
                reduce the most serious problems in the estuary receive 
                priority for funding and requirements to prevent 
                funding for projects which cause or encourage the 
                unnecessary destruction or alteration of aquatic 
                habitat.
            ``(2) Publication of proposed document.--The Administrator 
        shall publish a proposed guidance document under this 
        subsection by not later than 6 months after the date of the 
        enactment of this paragraph. Notwithstanding section 553(a)(2) 
        of title 5, United States Code, the Administrator shall provide 
        at least 30 days advance notice of the proposed adoption of a 
        guidance document under this subsection and comply in all other 
        respects with section 553(b), (c), and (e) of such title with 
        respect to the guidance document. The guidance document shall 
        be deemed to be a substantive rule of general applicability for 
        purposes of section 552(a)(1)(D) of such title.''.
    (f) Management Conferences.--Section 320(g) of the Federal Water 
Pollution Control Act, as redesignated by subsection (c)(1), is 
amended--
            (1) by striking ``A management'' and inserting ``(1) In 
        general.--'';
            (2) by indenting paragraph (1), as so designated, and 
        moving the text 2 ems to the right; and
            (3) by adding at the end the following:
            ``(2) Termination of conferences.--Upon the application of 
        any resident of a State located in whole or in part in the 
        estuarine zone of the estuary for which the conference was 
        convened, or any affected person, or on the Administrator's own 
        initiative, the Administrator shall terminate a management 
        conference whenever--
                    ``(A) the management conference has failed to 
                perform any of the duties prescribed in subsection (b);
                    ``(B) the management conference is unlikely to 
                achieve the purposes specified in subsection (b);
                    ``(C) the management conference has delayed or 
                interfered with the enforcement or implementation of 
                any provision of this Act; or
                    ``(D) termination of the management conference 
                would promote the restoration and maintenance of the 
                chemical, physical, and biological integrity of the 
                estuary, including the factors specified in subsection 
                (b)(6).''.
    (g) Approval and Implementation of Conservation and Management 
Plans; Public Review and Comment.--Section 320(h) of the Federal Water 
Pollution Control Act, as redesignated by subsection (c)(1), is amended 
to read as follows:
    ``(h) Approval and Implementation of Plans and Interim Actions.--
            ``(1) Approval of plans.--Not later than 120 days after the 
        date of the completion of a conservation and management plan 
        and after providing for public review and comment, the 
        Administrator shall approve such plan if--
                    ``(A) it complies with the applicable guidance 
                document published under subsection (c);
                    ``(B) it meets the requirements of this section;
                    ``(C) it specifies the implementation 
                responsibilities, including funding responsibilities 
                and implementation schedules, of the Federal Government 
                and of State and local governments that participated in 
                the development of the plan, ensures that the lowest 
                cost and least environmentally damaging alternatives 
                for achieving specified goals have been selected, and 
                sets priorities for funding to ensure that measures to 
                address the most serious pollution problems will be 
                funded first;
                    ``(D) the affected Governor or Governors concur;
                    ``(E) the affected Governor or Governors certify 
                that they have the authority to undertake the actions 
                called for in the plan;
                    ``(F) the Administrator determines that each action 
                called for in the plan is necessary to protect, 
                restore, and maintain the chemical, physical, and 
                biological integrity of the Nation's waters, is cost-
                effective, and will not alter or destroy aquatic 
                habitat; and
                    ``(G) the Director of the United States Fish and 
                Wildlife Service and Assistant Administrator of the 
                National Marine Fisheries Service concur in the 
                Administrator's initial determination under 
                subparagraph (F) and in the Administrator's final 
                approval of the plan under this section.
            ``(2) Approval of interim actions.--The Administrator shall 
        approve an interim action to protect the water quality of an 
        estuary for which a conservation and management plan is being 
        developed if the action meets the requirements set forth in 
        paragraph (1) (A) through (D).
            ``(3) Public review and comment.--The Administrator shall, 
        before approving a conservation and management plan, publish in 
        the Federal Register a draft of the plan and provide an 
        opportunity for public review and comment on the plan pursuant 
        to section 553 (b) through (e) of title 5, United States Code.
            ``(4) Implementation.--Upon approval of a conservation and 
        management plan or interim actions under this section, the 
        Administrator, as a nondiscretionary duty, shall ensure that 
        the Federal responsibilities and commitments under the plan or 
        interim action are complied with and implemented in accordance 
        with the guidance document. The Administrator shall--
                    ``(A) provide assistance to the management 
                conference, including administrative and technical 
                assistance, for monitoring implementation of the plan 
                or interim action;
                    ``(B) coordinate Federal programs necessary for 
                implementing the plan or interim action;
                    ``(C) make recommendations to the management 
                conference on enforcement and technical assistance 
                activities necessary to ensure compliance with and 
                implementation of the plan or interim action;
                    ``(D) collect and make available to the public, 
                publications and other forms of information relating to 
                implementation of the plan or interim action; and
                    ``(E) make grants under the authority provided by 
                this title.
            ``(5) Funding.--Funds authorized to be appropriated under 
        titles II and VI, section 319, and this section may be used in 
        accordance with the applicable requirements of this Act to 
        assist States with the implementation of such conservation and 
        management plans. Funds authorized to be appropriated under 
        section 319 and this section may also be used in accordance 
        with the applicable requirements of this Act to assist States 
        with the implementation of such interim actions.
            ``(6) Consistency.--Upon approval of a conservation and 
        management plan or interim action under this section, no 
        Federal financial assistance, project, or activity may be 
        provided or approved that is inconsistent with such plan unless 
        the Administrator, the Assistant Director of the United States 
        Fish and Wildlife Service, and the Assistant Administrator of 
        the National Marine Fisheries Service each determines that such 
        assistance, project, or activity will provide greater 
        protection to the integrity of natural aquatic habitat or water 
        or sediment quality in the estuary than such plan or interim 
        action would otherwise provide, and will not alter or destroy 
        aquatic habitat. Nothing in this section, any conservation or 
        management plan, or any interim action shall supersede any 
        requirement of this Act or any other Federal law.''.
    (h) Habitat Protection.--Section 320 of the Federal Water Pollution 
Control Act (33 U.S.C. 1330) is amended by adding at the end the 
following:
    ``(o) Habitat Protection.--No project or activity that is located 
in whole or in part in waters of the United States or which in whole or 
in part serves new development located in such waters shall be included 
in a conservation and management plan or a State estimate of needs 
under this section unless the Administrator, the Director of the United 
States Fish and Wildlife Service, and the Assistant Administrator of 
the National Marine Fisheries Service each determines that--
            ``(1) the project or activity is essential to reduce the 
        discharge of pollutants into the navigable waters; and
            ``(2) there is no practicable alternative to the proposed 
        project or activity that would have a less adverse impact on 
        existing natural aquatic habitat.''.
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HR 1438 IH----2
HR 1438 IH----3