[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2807 Engrossed Amendment Senate (EAS)]

  
  
  
  
  
  
  
  
  
  

                  In the Senate of the United States,

                         October 13 (legislative day, October 2), 1998.
      Resolved, That the bill from the House of Representatives (H.R. 
2807) entitled ``An Act to amend the Rhinoceros and Tiger Conservation 
Act of 1994 to prohibit the sale, importation, and exportation of 
products labeled as containing substances derived from rhinoceros or 
tiger.'', do pass with the following

                               AMENDMENT:

            Strike out all after the enacting clause and insert:

                 TITLE I--MIGRATORY BIRD TREATY REFORM

SEC. 101. SHORT TITLE.

    This title may be cited as the ``Migratory Bird Treaty Reform Act 
of 1998''.

SEC. 102. ELIMINATING STRICT LIABILITY FOR BAITING.

    Section 3 of the Migratory Bird Treaty Act (16 U.S.C. 704) is 
amended--
            (1) by inserting ``(a)'' after ``Sec. 3.''; and
            (2) by adding at the end the following:
    ``(b) It shall be unlawful for any person to--
            ``(1) take any migratory game bird by the aid of baiting, 
        or on or over any baited area, if the person knows or 
        reasonably should know that the area is a baited area; or
            ``(2) place or direct the placement of bait on or adjacent 
        to an area for the purpose of causing, inducing, or allowing 
        any person to take or attempt to take any migratory game bird 
        by the aid of baiting on or over the baited area.''.

SEC. 103. CRIMINAL PENALTIES.

    Section 6(a) of the Migratory Bird Treaty Act (16 U.S.C. 707(a)) is 
amended--
            (1) by striking ``thereof shall be fined not more than 
        $500'' and inserting the following: ``thereof--
            ``(1) shall be fined not more than $15,000'';
            (2) in paragraph (1) (as designated by paragraph (1)), by 
        striking the period at the end and inserting ``; and''; and
            (3) by adding at the end the following:
            ``(2) in the case of a violation of section 3(b)(2), shall 
        be fined under title 18, United States Code, imprisoned not 
        more than 1 year, or both.''.

SEC. 104. REPORT.

    Not later than 5 years after the date of enactment of this Act, the 
Secretary of the Interior shall submit to the Committee on Environment 
and Public Works of the Senate and the Committee on Resources of the 
House of Representatives a report analyzing the effect of the 
amendments made by section 2, and the general practice of baiting, on 
migratory bird conservation and law enforcement efforts under the 
Migratory Bird Treaty Act (16 U.S.C. 701 et seq.).

         TITLE II--NATIONAL WILDLIFE REFUGE SYSTEM IMPROVEMENT

SEC. 201. SHORT TITLE.

    This title may be cited as the ``National Wildlife Refuge System 
Improvement Act of 1998''.

SEC. 202. UPPER MISSISSIPPI RIVER NATIONAL WILDLIFE AND FISH REFUGE.

    (a) In General.--In accordance with section 4(a)(5) of the National 
Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 
668dd(a)(5)), there are transferred to the Corps of Engineers, without 
reimbursement, approximately 37.36 acres of land of the Upper 
Mississippi River Wildlife and Fish Refuge in the State of Minnesota, 
as designated on the map entitled ``Upper Mississippi National Wildlife 
and Fish Refuge lands transferred to Corps of Engineers'', dated 
January 1998, and available, with accompanying legal descriptions of 
the land, for inspection in appropriate offices of the United States 
Fish and Wildlife Service.
    (b) Conforming Amendments.--The first section and section 2 of the 
Upper Mississippi River Wild Life and Fish Refuge Act (16 U.S.C. 721, 
722) are amended by striking ``Upper Mississippi River Wild Life and 
Fish Refuge'' each place it appears and inserting ``Upper Mississippi 
River National Wildlife and Fish Refuge''.

SEC. 203. KILLCOHOOK COORDINATION AREA.

    (a) In General.--In accordance with section 4(a)(5) of the National 
Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 
668dd(a)(5)), the jurisdiction of the United States Fish and Wildlife 
Service over approximately 1,439.26 acres of land in the States of New 
Jersey and Delaware, known as the ``Killcohook Coordination Area'', as 
established by Executive Order No. 6582, issued February 3, 1934, and 
Executive Order No. 8648, issued January 23, 1941, is terminated.
    (b) Executive Orders.--Executive Order No. 6582, issued February 3, 
1934, and Executive Order No. 8648, issued January 23, 1941, are 
revoked.

SEC. 204. LAKE ELSIE NATIONAL WILDLIFE REFUGE.

    (a) In General.--In accordance with section 4(a)(5) of the National 
Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 
668dd(a)(5)), the jurisdiction of the United States Fish and Wildlife 
Service over approximately 634.7 acres of land and water in Richland 
County, North Dakota, known as the ``Lake Elsie National Wildlife 
Refuge'', as established by Executive Order No. 8152, issued June 12, 
1939, is terminated.
    (b) Executive Order.--Executive Order No. 8152, issued June 12, 
1939, is revoked.

SEC. 205. KLAMATH FOREST NATIONAL WILDLIFE REFUGE.

    Section 28 of the Act of August 13, 1954 (25 U.S.C. 564w-1), is 
amended in subsections (f) and (g) by striking ``Klamath Forest 
National Wildlife Refuge'' each place it appears and inserting 
``Klamath Marsh National Wildlife Refuge''.

SEC. 206. VIOLATION OF NATIONAL WILDLIFE REFUGE SYSTEM ADMINISTRATION 
              ACT.

    Section 4 of the National Wildlife Refuge System Administration Act 
of 1966 (16 U.S.C. 668dd) is amended--
            (1) in the first sentence of subsection (c), by striking 
        ``knowingly''; and
            (2) in subsection (f)--
                    (A) by striking ``(f) Any'' and inserting the 
                following:
    ``(f) Penalties.--
            ``(1) Knowing violations.--Any'';
                    (B) by inserting ``knowingly'' after ``who''; and
                    (C) by adding at the end the following:
            ``(2) Other violations.--Any person who otherwise violates 
        or fails to comply with any of the provisions of this Act 
        (including a regulation issued under this Act) shall be fined 
        under title 18, United States Code, or imprisoned not more than 
        180 days, or both.''.

              TITLE III--WETLANDS AND WILDLIFE ENHANCEMENT

SEC. 301. SHORT TITLE.

    This title may be cited as the ``Wetlands and Wildlife Enhancement 
Act of 1998''.

SEC. 302. REAUTHORIZATION OF NORTH AMERICAN WETLANDS CONSERVATION ACT.

    Section 7(c) of the North American Wetlands Conservation Act (16 
U.S.C. 4406(c)) is amended by striking ``not to exceed'' and all that 
follows and inserting ``not to exceed $30,000,000 for each of fiscal 
years 1999 through 2003.''.

SEC. 303. REAUTHORIZATION OF PARTNERSHIPS FOR WILDLIFE ACT.

    Section 7105(h) of the Partnerships for Wildlife Act (16 U.S.C. 
3744(h)) is amended by striking ``for each of fiscal years'' and all 
that follows and inserting ``not to exceed $6,250,000 for each of 
fiscal years 1999 through 2003.''.

SEC. 304. MEMBERSHIP OF THE NORTH AMERICAN WETLANDS CONSERVATION 
              COUNCIL.

    (a) In General.--Notwithstanding section 4(a)(1)(D) of the North 
American Wetlands Conservation Act (16 U.S.C. 4403(a)(1)(D)), during 
the period of 1999 through 2002, the membership of the North American 
Wetlands Conservation Council under section 4(a)(1)(D) of that Act 
shall consist of--
            (1) 1 individual who shall be the Group Manager for 
        Conservation Programs of Ducks Unlimited, Inc. and who shall 
        serve for 1 term of 3 years beginning in 1999; and
            (2) 2 individuals who shall be appointed by the Secretary 
        of the Interior in accordance with section 4 of that Act and 
        who shall each represent a different organization described in 
        section 4(a)(1)(D) of that Act.
    (b) Publication of Policy.--Not later than June 30, 1999, the 
Secretary of the Interior shall publish in the Federal Register, after 
notice and opportunity for public comment, a policy for making 
appointments under section 4(a)(1)(D) of the North American Wetlands 
Conservation Act (16 U.S.C. 4403(a)(1)(D)).

              TITLE IV--RHINOCEROS AND TIGER CONSERVATION

SEC. 401. SHORT TITLE.

    This title may be cited as the ``Rhinoceros and Tiger Conservation 
Act of 1998''.

SEC. 402. FINDINGS.

    Congress finds that--
            (1) the populations of all but 1 species of rhinoceros, and 
        the tiger, have significantly declined in recent years and 
        continue to decline;
            (2) these species of rhinoceros and tiger are listed as 
        endangered species under the Endangered Species Act of 1973 (16 
        U.S.C. 1531 et seq.) and listed on Appendix I of the Convention 
        on International Trade in Endangered Species of Wild Fauna and 
        Flora, signed on March 3, 1973 (27 UST 1087; TIAS 8249) 
        (referred to in this title as ``CITES'');
            (3) the Parties to CITES have adopted several resolutions--
                    (A) relating to the conservation of tigers (Conf. 
                9.13 (Rev.)) and rhinoceroses (Conf. 9.14), urging 
                Parties to CITES to implement legislation to reduce 
                illegal trade in parts and products of the species; and
                    (B) relating to trade in readily recognizable parts 
                and products of the species (Conf. 9.6), and trade in 
                traditional medicines (Conf. 10.19), recommending that 
                Parties ensure that their legislation controls trade in 
                those parts and derivatives, and in medicines 
                purporting to contain them;
            (4) a primary cause of the decline in the populations of 
        tiger and most rhinoceros species is the poaching of the 
        species for use of their parts and products in traditional 
        medicines;
            (5) there are insufficient legal mechanisms enabling the 
        United States Fish and Wildlife Service to interdict products 
        that are labeled or advertised as containing substances derived 
        from rhinoceros or tiger species and prosecute the 
        merchandisers for sale or display of those products; and
            (6) legislation is required to ensure that--
                    (A) products containing, or labeled or advertised 
                as containing, rhinoceros parts or tiger parts are 
                prohibited from importation into, or exportation from, 
                the United States; and
                    (B) efforts are made to educate persons regarding 
                alternatives for traditional medicine products, the 
                illegality of products containing, or labeled or 
                advertised as containing, rhinoceros parts and tiger 
                parts, and the need to conserve rhinoceros and tiger 
                species generally.

SEC. 403. PURPOSES OF THE RHINOCEROS AND TIGER CONSERVATION ACT OF 
              1994.

    Section 3 of the Rhinoceros and Tiger Conservation Act of 1994 (16 
U.S.C. 5302) is amended by adding at the end the following:
            ``(3) To prohibit the sale, importation, and exportation of 
        products intended for human consumption or application 
        containing, or labeled or advertised as containing, any 
        substance derived from any species of rhinoceros or tiger.''.

SEC. 404. DEFINITION OF PERSON.

    Section 4 of the Rhinoceros and Tiger Conservation Act of 1994 (16 
U.S.C. 5303) is amended--
            (1) in paragraph (4), by striking ``and'' at the end;
            (2) in paragraph (5), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(6) `person' means--
                    ``(A) an individual, corporation, partnership, 
                trust, association, or other private entity;
                    ``(B) an officer, employee, agent, department, or 
                instrumentality of--
                            ``(i) the Federal Government;
                            ``(ii) any State, municipality, or 
                        political subdivision of a State; or
                            ``(iii) any foreign government;
                    ``(C) a State, municipality, or political 
                subdivision of a State; or
                    ``(D) any other entity subject to the jurisdiction 
                of the United States.''.

SEC. 405. PROHIBITION ON SALE, IMPORTATION, OR EXPORTATION OF PRODUCTS 
              LABELED OR ADVERTISED AS RHINOCEROS OR TIGER PRODUCTS.

    The Rhinoceros and Tiger Conservation Act of 1994 (16 U.S.C. 5301 
et seq.) is amended--
            (1) by redesignating section 7 as section 9; and
            (2) by inserting after section 6 the following:

``SEC. 7. PROHIBITION ON SALE, IMPORTATION, OR EXPORTATION OF PRODUCTS 
              LABELED OR ADVERTISED AS RHINOCEROS OR TIGER PRODUCTS.

    ``(a) Prohibition.--A person shall not sell, import, or export, or 
attempt to sell, import, or export, any product, item, or substance 
intended for human consumption or application containing, or labeled or 
advertised as containing, any substance derived from any species of 
rhinoceros or tiger.
    ``(b) Penalties.--
            ``(1) Criminal penalty.--A person engaged in business as an 
        importer, exporter, or distributor that knowingly violates 
        subsection (a) shall be fined under title 18, United States 
        Code, imprisoned not more than 6 months, or both.
            ``(2) Civil penalties.--
                    ``(A) In general.--A person that knowingly violates 
                subsection (a), and a person engaged in business as an 
                importer, exporter, or distributor that violates 
                subsection (a), may be assessed a civil penalty by the 
                Secretary of not more than $12,000 for each violation.
                    ``(B) Manner of assessment and collection.--A civil 
                penalty under this paragraph shall be assessed, and may 
                be collected, in the manner in which a civil penalty 
                under the Endangered Species Act of 1973 may be 
                assessed and collected under section 11(a) of that Act 
                (16 U.S.C. 1540(a)).
    ``(c) Products, Items, and Substances.--Any product, item, or 
substance sold, imported, or exported, or attempted to be sold, 
imported, or exported, in violation of this section or any regulation 
issued under this section shall be subject to seizure and forfeiture to 
the United States.
    ``(d) Regulations.--After consultation with the Secretary of the 
Treasury, the Secretary of Health and Human Services, and the United 
States Trade Representative, the Secretary shall issue such regulations 
as are appropriate to carry out this section.
    ``(e) Enforcement.--The Secretary, the Secretary of the Treasury, 
and the Secretary of the department in which the Coast Guard is 
operating shall enforce this section in the manner in which the 
Secretaries carry out enforcement activities under section 11(e) of the 
Endangered Species Act of 1973 (16 U.S.C. 1540(e)).
    ``(f) Use of Penalty Amounts.--Amounts received as penalties, 
fines, or forfeiture of property under this section shall be used in 
accordance with section 6(d) of the Lacey Act Amendments of 1981 (16 
U.S.C. 3375(d)).''.

SEC. 406. EDUCATIONAL OUTREACH PROGRAM.

    The Rhinoceros and Tiger Conservation Act of 1994 (16 U.S.C. 5301 
et seq.) (as amended by section 405) is amended by inserting after 
section 7 the following:

``SEC. 8. EDUCATIONAL OUTREACH PROGRAM.

    ``(a) In General.--Not later than 180 days after the date of 
enactment of this section, the Secretary shall develop and implement an 
educational outreach program in the United States for the conservation 
of rhinoceros and tiger species.
    ``(b) Guidelines.--The Secretary shall publish in the Federal 
Register guidelines for the program.
    ``(c) Contents.--Under the program, the Secretary shall publish and 
disseminate information regarding--
            ``(1) laws protecting rhinoceros and tiger species, in 
        particular laws prohibiting trade in products containing, or 
        labeled or advertised as containing, their parts;
            ``(2) use of traditional medicines that contain parts or 
        products of rhinoceros and tiger species, health risks 
        associated with their use, and available alternatives to the 
        medicines; and
            ``(3) the status of rhinoceros and tiger species and the 
        reasons for protecting the species.''.

SEC. 407. AUTHORIZATION OF APPROPRIATIONS.

    Section 9 of the Rhinoceros and Tiger Conservation Act of 1994 (16 
U.S.C. 5306) (as redesignated by section 405(1)) is amended by striking 
``1996, 1997, 1998, 1999, and 2000'' and inserting ``1996 through 
2002''.

                  TITLE V--CHESAPEAKE BAY INITIATIVES

SEC. 501. SHORT TITLE.

    This title may be cited as the ``Chesapeake Bay Initiatives Act of 
1998''.

SEC. 502. 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:
            ``(1) Chesapeake bay agreement.--The term `Chesapeake Bay 
        Agreement' means the formal, voluntary agreements, amendments, 
        directives, and adoption statements executed to achieve the 
        goal of restoring and protecting the Chesapeake Bay ecosystem 
        and the living resources of the ecosystem and signed by the 
        Chesapeake Executive Council.
            ``(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, data 
                collection, and other activities that support the 
                Chesapeake Bay Program;
                    ``(B) developing and making available, through 
                publications, technical assistance, and other 
                appropriate means, information pertaining to the 
                environmental quality and living resources of the 
                Chesapeake Bay;
                    ``(C) assisting the signatories to the Chesapeake 
                Bay Agreement, in cooperation with appropriate Federal, 
                State, and local authorities, in developing and 
                implementing specific action plans to carry out the 
                responsibilities of the signatories to the Chesapeake 
                Bay Agreement;
                    ``(D) 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.
    ``(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.--
            ``(1) In general.--In consultation with other members of 
        the Chesapeake Executive Council, the Administrator may provide 
        technical assistance, and assistance grants, to nonprofit 
        private organizations and individuals, State and local 
        governments, colleges, universities, and interstate 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 Administrator in accordance with Environmental 
                Protection Agency guidance.
                    ``(B) Small watershed grants program.--The Federal 
                share of an assistance grant provided under paragraph 
                (1) to carry out an implementing activity under 
                subsection (g)(2) shall not exceed 75 percent of 
                eligible project costs, as determined by the 
                Administrator.
            ``(3) Non-federal share.--An assistance grant under 
        paragraph (1) shall be provided on the condition that non-
        Federal sources provide the remainder of eligible project 
        costs, as determined by the Administrator.
            ``(4) Administrative costs.--Administrative costs 
        (including salaries, overhead, and indirect costs for services 
        provided and charged against projects supported by funds made 
        available under this subsection) incurred by a person described 
        in paragraph (1) in carrying out a project under this 
        subsection during a fiscal year shall not exceed 10 percent of 
        the grant made to the person under this subsection for the 
        fiscal year.
    ``(e) Implementation 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 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.
            ``(2) Proposals.--A signatory jurisdiction described in 
        paragraph (1) may apply for a grant under this subsection for a 
        fiscal year by submitting to the Administrator a comprehensive 
        proposal to implement management mechanisms established under 
        the Chesapeake Bay Agreement. The proposal shall include--
                    ``(A) a description of proposed management 
                mechanisms that the jurisdiction commits to take within 
                a specified time period, such as reducing or preventing 
                pollution in the Chesapeake Bay and to meet applicable 
                water quality standards; and
                    ``(B) the estimated cost of the actions proposed to 
                be taken during the fiscal year.
            ``(3) Approval.--If the Administrator finds that the 
        proposal is consistent with the Chesapeake Bay Agreement and 
        the national goals established under section 101(a), the 
        Administrator may approve the proposal for a fiscal year.
            ``(4) Federal share.--The Federal share of an 
        implementation grant provided under this subsection shall not 
        exceed 50 percent of the costs of implementing the management 
        mechanisms during the fiscal year.
            ``(5) Non-federal share.--An implementation 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 
        (including salaries, overhead, and indirect costs for services 
        provided and charged against projects supported by funds made 
        available under this subsection) incurred by a signatory 
        jurisdiction in carrying out a project under this subsection 
        during a fiscal year shall not exceed 10 percent of the grant 
        made to the jurisdiction under this subsection for the fiscal 
        year.
    ``(f) Compliance of Federal Facilities.--
            ``(1) Subwatershed planning and restoration.--A Federal 
        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 
        restoration programs.
            ``(2) Compliance with agreement.--The head of each Federal 
        agency that owns or occupies real property in the Chesapeake 
        Bay watershed shall ensure that the property, and actions taken 
        by the agency with respect to the property, comply with the 
        Chesapeake Bay Agreement.
    ``(g) Chesapeake Bay Watershed, Tributary, and River Basin 
Program.--
            ``(1) Nutrient and water quality management strategies.--
        Not later than 1 year after the date of enactment of this 
        subsection, the Administrator, in consultation 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 for the tributaries 
        of the Chesapeake Bay to achieve and maintain--
                    ``(A) the nutrient goals of the Chesapeake Bay 
                Agreement for the quantity of nitrogen and phosphorus 
                entering the main stem Chesapeake Bay;
                    ``(B) the water quality requirements necessary to 
                restore living resources in both the tributaries and 
                the main stem of the Chesapeake Bay;
                    ``(C) the Chesapeake Bay basinwide toxics reduction 
                and prevention strategy goal of reducing or eliminating 
                the input of chemical contaminants from all 
                controllable sources to levels that result in no toxic 
                or bioaccumulative impact on the living resources that 
                inhabit the Bay or on human health; and
                    ``(D) habitat restoration, protection, and 
                enhancement goals established by Chesapeake Bay 
                Agreement signatories for wetlands, forest riparian 
                zones, and other types of habitat associated with the 
                Chesapeake Bay and the tributaries of the Chesapeake 
                Bay.
            ``(2) Small watershed grants program.--The Administrator, 
        in consultation with other members of the Chesapeake Executive 
        Council, may offer the technical assistance and assistance 
        grants authorized under subsection (d) to local governments and 
        nonprofit private organizations and individuals in the 
        Chesapeake Bay watershed to implement--
                    ``(A) cooperative tributary basin strategies that 
                address the Chesapeake Bay's water quality and living 
                resource needs; or
                    ``(B) locally based protection and restoration 
                programs or projects within a watershed that complement 
                the tributary basin strategies.
    ``(h) Study of Chesapeake Bay Program.--Not later than December 31, 
2000, and every 3 years thereafter, the Administrator, in cooperation 
with other members of the Chesapeake 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) assess the commitments and goals of the management 
        strategies established under the Chesapeake Bay Agreement and 
        the extent to which the commitments and goals are being met;
            ``(2) assess the priority needs required by the management 
        strategies and the extent to which the priority needs are being 
        met;
            ``(3) assess the effects of air pollution deposition on 
        water quality of the Chesapeake Bay;
            ``(4) assess the state of the Chesapeake Bay and its 
        tributaries and related actions of the Chesapeake Bay Program;
            ``(5) make recommendations for the improved management of 
        the Chesapeake Bay Program; and
            ``(6) provide the report in a format transferable to and 
        usable by other watershed restoration programs.
    ``(i) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $30,000,000 for each of fiscal 
years 1999 through 2003.''.

SEC. 503. CHESAPEAKE BAY GATEWAYS AND WATERTRAILS.

    (a) Chesapeake Bay Gateways and Watertrails Network.--
            (1) In general.--The Secretary of the Interior (referred to 
        in this section as the ``Secretary''), in cooperation with the 
        Administrator of the Environmental Protection Agency (referred 
        to in this section as the ``Administrator''), shall provide 
        technical and financial assistance, in cooperation with other 
        Federal agencies, State and local governments, nonprofit 
        organizations, and the private sector--
                    (A) to identify, conserve, restore, and interpret 
                natural, recreational, historical, and cultural 
                resources within the Chesapeake Bay Watershed;
                    (B) to identify and utilize the collective 
                resources as Chesapeake Bay Gateways sites for 
                enhancing public education of and access to the 
                Chesapeake Bay;
                    (C) to link the Chesapeake Bay Gateways sites with 
                trails, tour roads, scenic byways, and other 
                connections as determined by the Secretary;
                    (D) to develop and establish Chesapeake Bay 
                Watertrails comprising water routes and connections to 
                Chesapeake Bay Gateways sites and other land resources 
                within the Chesapeake Bay Watershed; and
                    (E) to create a network of Chesapeake Bay Gateways 
                sites and Chesapeake Bay Watertrails.
            (2) Components.--Components of the Chesapeake Bay Gateways 
        and Watertrails Network may include--
                    (A) State or Federal parks or refuges;
                    (B) historic seaports;
                    (C) archaeological, cultural, historical, or 
                recreational sites; or
                    (D) other public access and interpretive sites as 
                selected by the Secretary.
    (b) Chesapeake Bay Gateways Grants Assistance Program.--
            (1) In general.--The Secretary, in cooperation with the 
        Administrator, shall establish a Chesapeake Bay Gateways Grants 
        Assistance Program to aid State and local governments, local 
        communities, nonprofit organizations, and the private sector in 
        conserving, restoring, and interpreting important historic, 
        cultural, recreational, and natural resources within the 
        Chesapeake Bay Watershed.
            (2) Criteria.--The Secretary, in cooperation with the 
        Administrator, shall develop appropriate eligibility, 
        prioritization, and review criteria for grants under this 
        section.
            (3) Matching funds and administrative expenses.--A grant 
        under this section--
                    (A) shall not exceed 50 percent of eligible project 
                costs;
                    (B) shall be made on the condition that non-Federal 
                sources, including in-kind contributions of services or 
                materials, provide the remainder of eligible project 
                costs; and
                    (C) shall be made on the condition that not more 
                than 10 percent of all eligible project costs be used 
                for administrative expenses.
    (c) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $3,000,000 for each of fiscal 
years 1999 through 2003.

SEC. 504. PFIESTERIA AND OTHER AQUATIC TOXINS RESEARCH AND GRANT 
              PROGRAM.

    (a) In General.--The Administrator of the Environmental Protection 
Agency, the Secretary of Commerce (acting through the Director of the 
National Marine Fisheries Service of the National Oceanic and 
Atmospheric Administration), the Secretary of Health and Human Services 
(acting through the Director of the National Institute of Environmental 
Health Sciences and the Director of the Centers for Disease Control and 
Prevention), and the Secretary of Agriculture shall--
            (1) establish a research program for the eradication or 
        control of Pfiesteria piscicida and other aquatic toxins; and
            (2) make grants to colleges, universities, and other 
        entities in affected States for the eradication or control of 
        Pfiesteria piscicida and other aquatic toxins.
    (b) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $5,000,000 for each of fiscal 
years 1999 and 2000.

            Attest:

                                                             Secretary.
105th CONGRESS

  2d Session

                               H. R. 2807

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                               AMENDMENT