[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 936 Introduced in Senate (IS)]

  1st Session
                                 S. 936

   To amend the Federal Water Pollution Control Act to assist in the 
       restoration of the Chesapeake Bay, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                June 16 (legislative day, June 5), 1995

  Mr. Sarbanes (for himself, Mr. Warner, Ms. Mikulski, and Mr. Robb) 
introduced the following bill; which was read twice and referred to the 
               Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
   To amend the Federal Water Pollution Control Act to assist in the 
       restoration of the Chesapeake Bay, and for other purposes.
    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Chesapeake Bay Restoration Act of 
1995''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds that--
            (1) the Chesapeake Bay is a national treasure and a 
        resource of worldwide significance;
            (2) in recent years, the productivity and water quality of 
        the Chesapeake Bay and the tributaries of the Bay have been 
        diminished by pollution, excessive sedimentation, shoreline 
        erosion, the impacts of growth and development of population in 
        the Chesapeake Bay watershed, and other factors;
            (3) the Federal Government, State governments, the District 
        of Columbia and the governments of political subdivisions of 
        the States with jurisdiction over the Chesapeake Bay watershed 
        have committed to a comprehensive and 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 model for the management of estuaries; and
            (5) there is a need to expand Federal support for research, 
        monitoring, management, and restoration activities in the 
        Chesapeake Bay and the tributaries of the Bay in order to meet 
        and further the goals and commitments of the Chesapeake Bay 
        Program.
    (b) Purposes.--The purposes of this Act are to--
            (1) expand and strengthen the cooperative efforts to 
        restore and protect the Chesapeake Bay; and
            (2) achieve the goals embodied in the Chesapeake Bay 
        Agreement.

SEC. 3. CHESAPEAKE BAY.

    Section 117 of the Federal Water Pollution Control Act (33 U.S.C. 
1267) is amended to read as follows:

                            ``chesapeake bay

    ``Sec. 117. (a) Definitions.--In this section:
            ``(1) 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 ecosystem and signed 
        by the Governor of the State of Maryland, the Governor of the 
        Commonwealth of Pennsylvania, the Governor of the Commonwealth 
        of Virginia, the Mayor of the District of Columbia, the 
        chairman of the tri-State Chesapeake Bay Commission, and the 
        Administrator, on behalf of the executive branch of the Federal 
        Government.
            ``(2) Chesapeake bay program.--The term `Chesapeake Bay 
        Program' means the program directed by the Chesapeake Executive 
        Council in accordance with the Chesapeake Bay Agreement.
            ``(3) Chesapeake bay watershed.--The term `Chesapeake Bay 
        watershed' shall have the meaning determined by the 
        Administrator.
            ``(4) Chesapeake executive council.--The term `Chesapeake 
        Executive Council' means the signatories to the Chesapeake Bay 
        Agreement.
            ``(5) Signatory jurisdiction.--The term `signatory 
        jurisdiction' 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.--The Administrator shall maintain in 
        the Environmental Protection Agency a Chesapeake Bay Program 
        Office. The Chesapeake Bay Program Office shall provide support 
        to the Chesapeake Executive Council by--
                    ``(A) implementing and coordinating science, 
                research, modeling, support services, monitoring, and 
                data collection activities that support the Chesapeake 
                Bay Program;
                    ``(B) making available, through publications, 
                technical assistance, and other appropriate means, 
                information pertaining to the environmental quality and 
                living resources of the Chesapeake Bay Program;
                    ``(C) in cooperation with appropriate Federal, 
                State, and local authorities, assisting the signatories 
                to the Chesapeake Bay Agreement that participate in the 
                Chesapeake Bay Program in developing and implementing 
                specific action plans to carry out the responsibilities 
                of the authorities under the Chesapeake Bay Agreement;
                    ``(D) assisting the Administrator in 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 of the Chesapeake Bay; and
                            ``(ii) obtain the support of the 
                        appropriate officials of the agencies and 
                        authorities in achieving the objectives of the 
                        Chesapeake Bay Agreement; and
                    ``(E) implementing outreach programs for public 
                information, education, and participation to foster 
                stewardship of the resources of the Chesapeake Bay.
            ``(3) Interagency cooperation and coordination.--
                    ``(A) In general.--There is established a 
                Chesapeake Bay Federal Agencies Committee (referred to 
                in this paragraph as the `Committee'). The purposes of 
                the Committee shall be to--
                            ``(i) facilitate collaboration, 
                        cooperation, and coordination among Federal 
                        agencies and programs of Federal agencies in 
                        support of the restoration of the Chesapeake 
                        Bay;
                            ``(ii) ensure the integration of Federal 
                        activities relating to the restoration of the 
                        Chesapeake Bay with State and local restoration 
                        activities, and the restoration activities of 
                        nongovernmental entities; and
                            ``(iii) provide a framework for activities 
                        that effectively focus the expertise and 
                        resources of Federal agencies on problems 
                        identified by the Committee in such manner as 
                        to produce demonstrable environmental results 
                        and demonstrable improvements in programs of 
                        Federal agencies.
                    ``(B) Duties of the committee.--The Committee shall 
                share information, set priorities, and develop and 
                implement plans, programs, and projects for 
                collaborative activities to carry out the following 
                duties:
                            ``(i) Reviewing all Federal research, 
                        monitoring, regulatory, planning, educational, 
                        financial, and technical assistance, and other 
                        programs that the Committee determines to be 
                        appropriate, that relate to the maintenance, 
                        restoration, preservation, or enhancement of 
                        the environmental quality and natural resources 
                        of the Chesapeake Bay.
                            ``(ii) Reviewing each Federal program 
                        administered by the head of each participating 
                        Federal agency that may influence or contribute 
                        to point and nonpoint source pollution and 
                        establishing a means for the mitigation of any 
                        potential impacts of the pollution.
                            ``(iii) Developing and implementing an 
                        annual and long-range work program that 
                        specifies the responsibilities of each Federal 
                        agency in meeting commitments and goals of the 
                        Chesapeake Bay Agreement.
                            ``(iv) Assessing priority needs and making 
                        recommendations to the Chesapeake Executive 
                        Council for improved environmental and living 
                        resources management of the Chesapeake Bay 
                        ecosystem.
                    ``(C) Appointment of members.--The members of the 
                Committee shall be appointed as follows:
                            ``(i) At least 1 member who is an employee 
                        of the Environmental Protection Agency shall be 
                        appointed by the Administrator.
                            ``(ii) At least 1 member who is an employee 
                        of the National Oceanic and Atmospheric 
                        Administration of the Department of Commerce 
                        shall be appointed by the Secretary of 
                        Commerce.
                            ``(iii) At least 3 members shall be 
                        appointed by the Secretary of the Interior, of 
                        whom--
                                    ``(I) 1 member shall be an employee 
                                of the United States Fish and Wildlife 
                                Service;
                                    ``(II) 1 member shall be an 
                                employee of the National Park Service; 
                                and
                                    ``(III) 1 member shall be an 
                                employee of the United States 
                                Geological Survey.
                            ``(iv) At least 4 members shall be 
                        appointed by the Secretary of Agriculture, of 
                        whom--
                                    ``(I) 1 member shall be an employee 
                                of the Natural Resources Conservation 
                                Service;
                                    ``(II) 1 member shall be an 
                                employee of the Forest Service;
                                    ``(III) 1 member shall be an 
                                employee of the Consolidated Farm 
                                Service Agency; and
                                    ``(IV) 1 member shall be an 
                                employee of the Cooperative State 
                                Research, Education, and Extension 
                                Service.
                            ``(v) At least 3 members shall be appointed 
                        by the Secretary of Defense, of whom--
                                    ``(I) at least 2 members shall be 
                                employees of the Department of the 
                                Army, of whom 1 member shall be an 
                                employee of the Army Corps of 
                                Engineers; and
                                    ``(II) 1 member shall be an 
                                employee of the Department of the Navy.
                            ``(vi) At least 1 member who is an employee 
                        of the Federal Highway Administration shall be 
                        appointed by the Secretary of Transportation.
                            ``(vii) At least 1 member who is an 
                        employee of the Coast Guard shall be appointed 
                        by the head of the department in which the 
                        Coast Guard is operating.
                            ``(viii) At least 1 member shall be 
                        appointed by the Secretary of Housing and Urban 
                        Development.
                            ``(ix) At least 1 member shall be appointed 
                        by Board of Regents of the Smithsonian 
                        Institution.
                    ``(D) Chairperson.--The Committee shall, at the 
                initial meeting of the Committee, and biennially 
                thereafter, select a Chairperson from among the members 
                of the Committee.
                    ``(E) Procedures.--The Committee may establish such 
                rules and procedures (including rules and procedures 
                relating to the internal structure and function of the 
                Committee) as the Committee determines to be necessary 
                to best fulfill the responsibilities of the Committee.
                    ``(F) Meetings.--The initial meeting of the 
                Committee shall be not later than 60 days after the 
                date of enactment of this subparagraph. Subsequent 
                meetings shall be held on a regular basis at the call 
                of the Chairperson.
    ``(c) Reports.--The Committee shall prepare and submit to the 
President a report to be submitted to Congress that identifies--
            ``(1) the activities that have been carried out or are 
        being undertaken to carry out the responsibilities of the 
        Federal agency under this section or that are otherwise 
        required under the Chesapeake Bay Program;
            ``(2) planned activities to carry out the responsibilities 
        referred to in paragraph (1); and
            ``(3) the resources provided by the Federal agency to meet 
        the responsibilities of the agency under this section and under 
        the Chesapeake Bay Program.
    ``(d) Interstate Development Plan Grants.--
            ``(1) Authority.--The Administrator shall, at the request 
        of the Governor of a State affected by the interstate 
        management plan developed pursuant to the Chesapeake Bay 
        Program (referred to in this subsection as the `plan'), make a 
        grant for the purpose of implementing the management mechanisms 
        contained in the plan if the State has, within 1 year after the 
        date of enactment of the Chesapeake Bay Restoration Act of 
        1995, approved and committed to implement all or substantially 
        all aspects of the plan. The grants shall be made subject to 
        such terms and conditions as the Administrator considers 
        appropriate.
            ``(2) Submission of proposal.--A State or combination of 
        States may apply for the benefits provided under this 
        subsection by submitting to the Administrator a comprehensive 
        proposal to implement management mechanisms contained in the 
        plan, which shall include--
                    ``(A) a description of proposed abatement actions 
                that the State or combination of States commits to take 
                within a specified time period to reduce pollution in 
                the Chesapeake Bay and to meet applicable water quality 
                standards; and
                    ``(B) the estimated cost of the abatement actions 
                proposed to be taken during the next fiscal year.
        If the Administrator finds that the proposal is consistent with 
        the plan and the national policies set forth in section 101(a), 
        the Administrator shall approve the proposal.
            ``(3) Federal share.--For any fiscal year, the amount of 
        grants made under this subsection shall not exceed 50 percent 
        of the costs of implementing the management mechanisms 
        contained in the plan during the fiscal year and shall be made 
        on the condition that non-Federal sources provide the remainder 
        of the cost of implementing the management mechanisms contained 
        in the plan during the fiscal year.
            ``(4) Administrative costs.--Administrative costs in the 
        form of salaries, overhead, or indirect costs for services 
        provided and charged against programs or projects supported by 
        funds made available under this subsection shall not exceed in 
        any 1 fiscal year an amount equal to 10 percent of the annual 
        Federal grant made to a State under this subsection.
    ``(e) Compliance by Federal Facilities.--
            ``(1) Assessment.--Not later than 1 year after the date of 
        enactment of this subsection, and annually thereafter, the head 
        of each Federal agency that owns or operates a facility (as 
        defined by the Administrator) within the Chesapeake Bay 
        watershed shall perform an assessment of the facility for the 
        purpose of ensuring consistency and compliance with the 
        commitments, goals, and objectives of the Chesapeake Bay 
        Program and the enforceable requirements of this Act.
            ``(2) Contents of assessments.--The assessment referred to 
        in paragraph (1) shall identify any then existing or potential 
        impact on the water quality or living resources of the 
        Chesapeake Bay (or both) by the facility, including any 
        potential land-use impacts of activities related to new 
        development, man-made obstructions to fish passage, shoreline 
        erosion, and ground water and storm water runoff.
            ``(3) State plans and programs.--To the maximum extent 
        practicable, the head of each Federal agency that owns or 
        occupies real property in the Chesapeake Bay watershed shall 
        ensure conformance with any applicable State plan or program to 
        protect environmentally sensitive areas in the Chesapeake Bay 
        watershed.
            ``(4) Report requirements.--As part of each report required 
        under subsection (c)(3), the head of each Federal agency shall 
        include a detailed plan, funding mechanism, and schedule for 
        ensuring compliance with this Act and addressing or mitigating 
        the impacts referred to in paragraph (2).
    ``(f) Habitat Restoration and Enhancement Demonstration Program.--
            ``(1) Establishment of program.--The Administrator, in 
        cooperation with the heads of other appropriate Federal 
        agencies, agencies of States, and political subdivisions of 
        States, shall establish a habitat restoration program in the 
        Chesapeake Bay watershed. The purpose of the program shall be 
        to develop and demonstrate cost-effective techniques for 
        restoring or enhancing wetlands, forest riparian zones, and 
        other types of habitat associated with the Chesapeake Bay and 
        the tributaries of the Chesapeake Bay.
            ``(2) Criteria for identification of areas for habitat 
        restoration.--Not later than 1 year after the date of enactment 
        of this subsection, the Administrator, in consultation with the 
        Chesapeake Executive Council, shall develop criteria to 
        identify areas for habitat restoration, including--
                    ``(A) unique, significant, or representative 
                habitat types;
                    ``(B) areas that are subject to, or threatened by, 
                habitat loss or habitat degradation (or both) 
                attributable to human or natural causes; and
                    ``(C) areas inhabited by endangered, threatened, or 
                rare species, neotropical migratory birds, or species 
                that have a unique function within the Chesapeake Bay 
                ecosystem.
            ``(3) Plan.--Not later than 2 years after the date of 
        enactment of this subsection, the Administrator, in 
        consultation with the Chesapeake Executive Council, shall 
        develop a plan for the restoration of wetlands, contiguous 
        riparian forests, and other habitats within the Chesapeake Bay 
        watershed.
            ``(4) Duties of the administrator.--In carrying out the 
        demonstration program under this subsection, the Administrator, 
        in consultation with the Chesapeake Executive Council, shall--
                    ``(A) identify opportunities for the restoration of 
                major habitat resources in the Chesapeake Bay 
                watershed;
                    ``(B) characterize the importance of the habitat 
                resources identified pursuant to subparagraph (A) to 
                the health and functioning of the Chesapeake Bay 
                ecosystem;
                    ``(C) conduct a prerestoration characterization 
                assessment of each habitat resource identified pursuant 
                to subparagraph (A) to evaluate with respect to the 
                habitat resource--
                            ``(i) the potential effectiveness of a 
                        restoration effort;
                            ``(ii) enhancement options; and
                            ``(iii) the cost-effectiveness of each 
                        effort or option referred to in clauses (i) and 
                        (ii);
                    ``(D) consider the degree to which restored and 
                enhanced habitats may--
                            ``(i) mitigate the effects of nutrient 
                        loading caused by nonpoint source pollution 
                        from developed areas and agricultural 
                        activities;
                            ``(ii) reduce erosion and mitigate flood 
                        damage; and
                            ``(iii) assist in the protection or 
                        recovery of living resources;
                    ``(E) ensure coordination with all then existing 
                management, regulatory, and incentive programs;
                    ``(F) implement habitat restoration projects on a 
                demonstration basis, including submerged aquatic 
                vegetation plantings, breakwaters, forest buffer 
                strips, and artificial wetlands;
                    ``(G) monitor and evaluate the effectiveness of the 
                demonstration projects;
                    ``(H) establish and maintain a central 
                clearinghouse to facilitate access to information 
                related to habitat of the Chesapeake Bay watershed, 
                including information relating to habitat location, 
                type, acreage, function, condition and status, and 
                restoration and design techniques and trends related to 
                the information; and
                    ``(I) develop and carry out educational programs 
                (including training programs), research
                 programs, and programs for technical assistance to 
assist in the efforts of State and local governments and private 
citizens related to habitat restoration and enhancement.
            ``(5) Assistance.--
                    ``(A) In general.--In carrying out the 
                demonstration program under this subsection, the 
                Administrator is authorized to provide, in cooperation 
                with the Chesapeake Executive Council, technical 
                assistance and financial assistance in the form of a 
                grant to any State government, interstate entity, local 
                government, or any other public or nonprofit private 
                agency that submits an approved application.
                    ``(B) Federal share of grants.--The Federal share 
                of the amount of any grant awarded under this 
                subsection shall be--
                            ``(i) with respect to a project conducted 
                        by the grant recipient on land owned or leased 
                        by the Federal Government, 100 percent of the 
                        cost of the activities that are the subject of 
                        the grant; and
                            ``(ii) with respect to a project conducted 
                        by the grant recipient on land that is not 
                        owned or leased by the Federal Government, 75 
                        percent of the cost of the activities that are 
                        the subject of the grant.
                    ``(C) Federal share of projects.--The Federal share 
                of any project conducted by the Administrator under 
                this subsection shall be--
                            ``(i) with respect to a project conducted 
                        on land owned or leased by the Federal 
                        Government, 100 percent of the cost of the 
                        activities that are the subject of the project; 
                        and
                            ``(ii) with respect to a project conducted 
                        on land that is not owned or leased by the 
                        Federal Government, 75 percent of the cost of 
                        the activities that are the subject of the 
                        project.
            ``(6) Habitat protection and restoration progress 
        assessment.--Not later than 3 years after the date of enactment 
        of this subsection, and biennially thereafter, the 
        Administrator shall submit a report to Congress concerning the 
        results of the demonstration projects conducted under the 
        habitat restoration demonstration program described in 
        paragraph (1). The report shall also include a summary of 
        scientific information concerning habitat restoration and 
        protection in existence at the time of preparation of the 
        report, and a description of methods, procedures, and processes 
        to assist State and local governments and other interested 
        entities in carrying out projects for the protection and 
        restoration of habitat that the Administrator determines to be 
        appropriate.
    ``(g) Basinwide Toxics Reduction.--
            ``(1) In general.--The Administrator, in cooperation with 
        the Chesapeake Executive Council, shall develop a comprehensive 
        basinwide toxics reduction strategy (referred to in this 
        subsection as the `Strategy'). The Strategy shall, with respect 
        to inputs of toxic pollutants to the Chesapeake Bay and the 
        tributaries of the Bay, establish basinwide reduction 
        objectives and describe actions that are necessary to achieve a 
        multijurisdictional approach to the reduction of the inputs.
            ``(2) Research and monitoring.--The Administrator shall 
        undertake such research and monitoring activities as the 
        Administrator determines to be necessary for the improvement of 
        the understanding of intermedia transfers of toxic pollutants 
        and the ultimate fate of the pollutants within the Chesapeake 
        Bay ecosystem.
            ``(3) Elements of strategy.--The Strategy shall include a 
        process to assist signatory jurisdictions with--
                    ``(A) improving the identification of the sources 
                and transport mechanisms of toxic pollutant loadings to 
                the Chesapeake Bay and the tributaries of the Bay from 
                point and nonpoint sources; and
                    ``(B) the periodic integration, in a consistent 
                format and manner, of the information obtained pursuant 
                to subparagraph (A) into a toxics loading inventory for 
                the Chesapeake Bay.
            ``(4) Deadline for completion of strategy.--The Strategy 
        shall be completed not later than 2 years after the date of 
        enactment of this subsection.
            ``(5) Federal assistance.--The Administrator, in 
        cooperation with the Chesapeake Executive Council, shall 
        provide such financial and technical assistance as the 
        Administrator determines to be necessary to--
                    ``(A) by not later than 1 year after the date of 
                enactment of this subsection, develop a process to 
                assist signatory jurisdictions--
                            ``(i) with improving the identification of 
                        the sources and transport mechanisms of toxic 
                        pollutant loadings to the Chesapeake Bay and 
                        the tributaries of the Bay from point and 
                        nonpoint sources; and
                            ``(ii) with the periodic integration, in a 
                        consistent format and manner, of the 
                        information obtained pursuant to clause (i) 
                        into a toxics loading inventory for the 
                        Chesapeake Bay maintained pursuant to the 
                        Chesapeake Bay Program (referred to in this 
                        subsection as the `Chesapeake Bay Program 
                        Toxics Loading Inventory'); and
                    ``(B) by not later than 2 years after the date of 
                enactment of this subsection, commence the 
                implementation of toxics reduction, pollution 
                prevention, and management actions designed to achieve 
                the toxics reduction goals of the Chesapeake Bay 
                Agreement.
            ``(6) Actions.--The toxics reduction, pollution prevention, 
        and management actions referred to in paragraph (5)(B) shall--
                    ``(A) be based upon the findings and 
                recommendations of a reevaluation of the Strategy; and
                    ``(B) include targeted demonstration projects 
                designed to reduce the level of toxic pollutant 
                loadings from major sources identified in the 
                Chesapeake Bay Program Toxics Loading Inventory.
    ``(h) Chesapeake Bay Watershed, Tributary, and River Basin 
Program.--
            ``(1) In general.--Not later than 180 days after the date 
        of enactment of this subsection, the Administrator, in 
        cooperation with the Chesapeake Executive Council, the 
        Secretary of Commerce (acting through the Administrator of the 
        National Oceanic and Atmospheric Administration), the Secretary 
        of the Interior (acting through the Director of the United 
        States Fish and Wildlife Service), and the heads of such other 
        Federal agencies as the Administrator determines to be 
        appropriate, shall implement a coordinated research, 
        monitoring, and data collection program to--
                    ``(A) assess the status of, and trends in, the 
                environmental quality and living resources of the major 
                tributaries, rivers, and streams within the Chesapeake 
                Bay watershed; and
                    ``(B) assist in the development of management plans 
                for the waters referred to in subparagraph (A).
            ``(2) Contents of program.--The program referred to in 
        paragraph (1) shall include--
                    ``(A) a comprehensive inventory of water quality 
                and living resource data for waters within the 
                Chesapeake Bay watershed;
                    ``(B) an assessment of major issues and problems 
                concerning water quality in the Chesapeake Bay 
                watershed, including the extent to which the waters 
                provide for the protection and propagation of a 
                balanced indigenous population of fish, shellfish, and 
                wildlife;
                    ``(C) a program to identify sources of water 
                pollution within the Chesapeake Bay watershed, 
                including a system of accounting for sources of 
                nutrients, and the movement of nutrients, pollutants, 
                and sediments through the Chesapeake Bay watershed; and
                    ``(D) the development of a coordinated Chesapeake 
                Bay watershed land-use database that incorporates 
                resource inventories and analyses for the evaluation of 
                the effects of different land-use patterns on 
                hydrological cycles, water quality, living resources, 
                and other environmental features as an aid to making 
                sound land-use management decisions.
            ``(3) Management strategies.--In a manner consistent with 
        each applicable deadline established by the Chesapeake 
        Executive Council, the Administrator, in consultation with the 
        Chesapeake Executive Council, shall assist each signatory 
        jurisdiction of the Chesapeake Bay Council in the development 
        and implementation of a management strategy for each of the 
        major tributaries of the Chesapeake Bay, designed for the 
        achievement of--
                    ``(A) a reduction, in a manner consistent with the 
                terms of the Chesapeake Bay Agreement, in the quantity 
                of nitrogen and phosphorous entering the main stem 
                Chesapeake Bay; and
                    ``(B) the water quality requirements necessary to 
                restore living resources in both the tributaries and 
                the main stem of the Chesapeake Bay.
            ``(4) Assistance.--
                    ``(A) In general.--The Administrator, in 
                consultation with the Chesapeake Executive Council, is 
                authorized to provide technical and
                 financial assistance to any State government, 
interstate entity, local government, or any other public or nonprofit 
private agency, institution, or organization in the Chesapeake Bay 
watershed to--
                            ``(i) support the research, monitoring, and 
                        data collection program under this subsection;
                            ``(ii) develop and implement cooperative 
                        tributary basin strategies that address the 
                        water quality and living resource needs; and
                            ``(iii) encourage and coordinate locally 
                        based public and private watershed protection 
                        and restoration efforts that aid in the 
                        development and implementation of programs that 
                        complement the tributary basin strategies 
                        developed by the Chesapeake Executive Council.
                    ``(B) Grants.--
                            ``(i) In general.--In providing financial 
                        assistance pursuant to subparagraph (A), the 
                        Administrator may carry out a grant program. 
                        Under the grant program, the Administrator may 
                        award a grant to any person (including the 
                        government of a State) who submits an 
                        application that is approved by the 
                        Administrator.
                            ``(ii) Federal share.--A grant awarded 
                        under this subsection for a fiscal year shall 
                        not exceed an amount equal to 75 percent of the 
                        total annual cost of carrying out the 
                        activities that are the subject of the grant, 
                        and be awarded on the condition that the non-
                        Federal share of the costs of the activities 
                        referred to in clause (i) is paid from non-
                        Federal sources.
                            ``(iii) Watershed protection and 
                        restoration.--As part of the grant program 
                        authorized under this paragraph, the 
                        Administrator may award a grant to a signatory 
                        jurisdiction to implement a program referred to 
                        in subparagraph (A)(iii).
                    ``(C) Prioritization.--In carrying out the 
                technical and financial assistance program under this 
                subsection, the Administrator shall give priority to 
                proposals that facilitate the participation of local 
                governments and entities of the private sector in 
                efforts to improve water quality and the productivity 
                of living resources of rivers and streams in the 
                Chesapeake Bay watershed.
                    ``(D) Coordination with other federal programs.--
                The Administrator shall ensure that assistance made 
                available under this subsection--
                            ``(i) is consistent with the requirements 
                        of other Federal financial assistance programs;
                            ``(ii) is provided in coordination with the 
                        programs referred to in subparagraph (A); and
                            ``(iii) furthers the objectives of the 
                        Chesapeake Bay Program.
    ``(i) Study of Chesapeake Bay Program.--Not later than January 1, 
1997, the Administrator, in cooperation with the Chesapeake Bay 
Executive Council, shall complete a study and submit a comprehensive 
report to Congress on the results of the study. The study and report 
shall, at a minimum--
            ``(1) evaluate the implementation of the Chesapeake Bay 
        Agreement, including activities of the Federal Government and 
        State and local governments;
            ``(2) determine whether Federal environmental programs and 
        other activities adequately address the priority needs 
        identified in the Chesapeake Bay Agreement;
            ``(3) assess the priority needs required by the Chesapeake 
        Bay Program management strategies and how the priorities are 
        being met; and
            ``(4) make recommendations for the improved management of 
        the Chesapeake Bay Program.
    ``(j) Authorization of Appropriations.--There are authorized to be 
appropriated to the Environmental Protection Agency to carry out this 
section $30,000,000 for each of fiscal years 1996 through 2001.''.
                                 <all>
S 936 IS----2