[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1222 Introduced in Senate (IS)]







105th CONGRESS
  1st Session
                                S. 1222

   To catalyze restoration of estuary habitat through more efficient 
  financing of projects and enhanced coordination of Federal and non-
         Federal restoration programs, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 25, 1997

Mr. Chafee (for himself, Mr. Breaux, Mr. Lieberman, Mr. Faircloth, Mr. 
   Robb, Mr. Sarbanes, Mr. D'Amato, Mrs. Murray, Mr. Murkowski, Mr. 
Warner, Mr. Reed, Ms. Landrieu, Mr. Graham, Ms. Mikulski, Mr. Dodd, Mr. 
 Moynihan, and Mr. Mack) introduced the following bill; which was read 
  twice and referred to the Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
   To catalyze restoration of estuary habitat through more efficient 
  financing of projects and enhanced coordination of Federal and non-
         Federal restoration programs, 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 ``Estuary Habitat Restoration 
Partnership Act of 1997''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) the estuaries and coastal regions of the United States 
        are home to half the population of the United States;
            (2) the traditions, economy, and quality of life of many 
        communities depend on the natural abundance and health of the 
        estuaries;
            (3) approximately 75 percent of the commercial fish and 
        shellfish of the United States depend on estuaries at some 
        stage in their life cycle;
            (4) the varied habitats of estuaries and other coastal 
        waters provide jobs to 28,000,000 United States citizens in 
        commercial and sport fishing, tourism, recreation, and other 
        industries, with fishing alone contributing $111,000,000,000 to 
        the United States economy each year;
            (5) despite the many values of estuaries, estuaries are 
        gravely threatened by estuary habitat alteration and loss;
            (6) the accumulated loss of estuary habitat, reaching over 
        90 percent in some estuaries, threatens the ecological and 
        economic bounty of regions experiencing the loss, and can be 
        reversed only by action to restore lost and degraded estuary 
        habitat;
            (7) the demands on Federal, State, and local funding for 
        estuary habitat restoration activities exceed available 
        resources and prompt serious concerns about the ability of the 
        United States to restore estuary habitat vital to efforts to 
        restore, preserve, and protect the health of estuaries;
            (8) successful restoration of estuaries demands the full 
        coordination of Federal and State estuary habitat restoration 
        programs;
            (9) to succeed in restoring estuaries, it is important to 
        link estuary habitat restoration projects to broader ecosystem 
        planning in order to establish restoration programs that are 
        effective in the long term;
            (10) efficient leveraging of scarce public resources and 
        new and innovative market-based funding for estuary habitat 
        restoration activities would generate real returns on 
        investments for communities through improvement of the vibrancy 
        and health of estuaries;
            (11) the Federal, State, and private cooperation in estuary 
        habitat restoration activities in existence on the date of 
        enactment of this Act should be strengthened and new public and 
        public-private estuary habitat restoration partnerships 
        established; and
            (12) such new partnerships would help ensure the ecological 
        and economic vibrancy of estuaries for the benefit of future 
        generations.

SEC. 3. PURPOSES.

    The purposes of this Act are--
            (1) to establish a voluntary, community-driven, incentive-
        based program that will catalyze the restoration of 1,000,000 
        acres of estuary habitat by 2010;
            (2) to encourage enhanced coordination and leveraging of 
        Federal, State, and community estuary habitat restoration 
        programs, plans, and studies;
            (3) to establish effective estuary habitat restoration 
        partnerships among public agencies at all levels of government 
        and between the public and private sectors;
            (4) to promote efficient financing of estuary habitat 
        restoration activities to help better leverage limited Federal 
        funding; and
            (5) to develop and enhance monitoring and maintenance 
        capabilities designed to ensure that restoration efforts build 
        on the successes of past and current efforts and scientific 
        understanding.

SEC. 4. DEFINITIONS.

    In this Act:
            (1) Collaborative council.--The term ``Collaborative 
        Council'' means the interagency council established by section 
        5.
            (2) Degraded estuary habitat.--The term ``degraded estuary 
        habitat'' means estuary habitat where natural ecological 
        functions have been impaired and normal beneficial uses have 
        been reduced.
            (3) Estuary.--The term ``estuary'' means--
                    (A) a body of water in which fresh water from a 
                river or stream meets and mixes with salt water from 
                the ocean; and
                    (B) the physical, biological, and chemical elements 
                associated with such a body of water.
            (4) Estuary habitat.--
                    (A) In general.--The term ``estuary habitat'' means 
                the complex of physical and hydrologic features and 
                living organisms within estuaries and associated 
                ecosystems.
                    (B) Inclusions.--The term ``estuary habitat'' 
                includes salt and fresh water coastal marshes, coastal 
                forested wetlands and other coastal wetlands, tidal 
                flats, natural shoreline areas, shellfish beds, sea 
                grass meadows, kelp beds, river deltas, and river and 
                stream banks under tidal influence.
            (5) Estuary habitat restoration activity.--
                    (A) In general.--The term ``estuary habitat 
                restoration activity'' means an activity that results 
                in improving degraded estuary habitat (including both 
                physical and functional restoration), with the goal of 
                attaining a self-sustaining, ecologically based system 
                integrated into the surrounding landscape.
                    (B) Included activities.--The term ``estuary 
                habitat restoration activity'' includes--
                            (i) the reestablishment of physical 
                        features and biological and hydrologic 
                        functions;
                            (ii) except as provided in subparagraph 
                        (C)(ii), the cleanup of contamination;
                            (iii) the control of nonnative and invasive 
                        species;
                            (iv) the reintroduction of native or 
                        ecologically beneficial species through 
                        planting or natural succession; and
                            (v) other activities that improve estuary 
                        habitat.
                    (C) Excluded activities.--The term ``estuary 
                habitat restoration activity'' does not include--
                            (i) an act that constitutes mitigation for 
                        the adverse effects of an activity regulated or 
                        otherwise governed by Federal or State law; or
                            (ii) an act that constitutes satisfaction 
                        of liability for natural resource damages under 
                        any Federal or State law.
            (6) Estuary habitat restoration project.--The term 
        ``estuary habitat restoration project'' means an estuary 
        habitat restoration activity under consideration or selected by 
        the Collaborative Council, in accordance with this Act, to 
        receive financial, technical, or another form of assistance.
            (7) Estuary habitat restoration strategy.--The term 
        ``estuary habitat restoration strategy'' means the estuary 
        habitat restoration strategy developed under section 6(a).
            (8) Federal estuary management or habitat restoration 
        plan.--The term ``Federal estuary management or habitat 
        restoration plan'' means any Federal plan for restoration of 
        degraded estuary habitat that--
                    (A) was developed by a public body with the 
                substantial participation of appropriate public and 
                private stakeholders; and
                    (B) reflects a community-based planning process.
            (9) Person.--The term ``person'' includes an entity of a 
        Federal, State, or local government, an Indian tribe, an entity 
        organized or existing under the law of a State, and a 
        nongovernmental organization.
            (10) Secretary.--The term ``Secretary'' means the Secretary 
        of the Army, or a designee.
            (11) Under secretary.--The term ``Under Secretary'' means 
        the Under Secretary for Oceans and Atmosphere of the Department 
        of Commerce, or a designee.

SEC. 5. ESTABLISHMENT OF COLLABORATIVE COUNCIL.

    (a) Collaborative Council.--There is established an interagency 
council to be known as the ``Estuary Habitat Restoration Collaborative 
Council''.
    (b) Membership.--The Collaborative Council shall be composed of the 
Secretary, the Under Secretary, the Administrator of the Environmental 
Protection Agency, the Secretary of the Interior (acting through the 
Director of the United States Fish and Wildlife Service), the Secretary 
of Agriculture, and the Secretary of Transportation, or their 
designees.
    (c) Convening of Collaborative Council.--The Secretary shall--
            (1) convene the first meeting of the Collaborative Council 
        not later than 30 days after the date of enactment of this Act; 
        and
            (2) convene additional meetings as often as appropriate to 
        ensure that this Act is fully carried out, but not less often 
        than quarterly.
    (d) Collaborative Council Procedures.--
            (1) Quorum.--Three members of the Collaborative Council 
        shall constitute a quorum.
            (2) Voting and meeting procedures.--The Collaborative 
        Council shall establish procedures for voting and the conduct 
        of meetings by the Council.

SEC. 6. DUTIES OF COLLABORATIVE COUNCIL.

    (a) Estuary Habitat Restoration Strategy.--
            (1) In general.--
                    (A) Development.--Not later than 1 year after the 
                date of enactment of this Act, the Collaborative 
                Council, in consultation with representatives from 
                coastal States and nonprofit organizations with 
                expertise in estuary habitat restoration, shall develop 
                an estuary habitat restoration strategy designed to 
                ensure a comprehensive approach to the selection and 
                prioritization of estuary habitat restoration projects 
                and the full coordination of Federal and non-Federal 
                activities related to restoration of estuary habitat.
                    (B) Provision of national framework.--The estuary 
                habitat restoration strategy shall provide a national 
                framework for estuary habitat restoration activities 
                by--
                            (i) identifying existing estuary habitat 
                        restoration plans;
                            (ii) integrating overlapping estuary 
                        habitat restoration plans; and
                            (iii) identifying appropriate processes for 
                        the development of estuary habitat restoration 
                        plans where needed.
            (2) Integration of previously authorized estuary habitat 
        restoration plans, programs, and partnerships.--In developing 
        the estuary habitat restoration strategy, the Collaborative 
        Council shall--
                    (A) conduct a review of--
                            (i) Federal estuary management or habitat 
                        restoration plans; and
                            (ii) Federal programs established under 
                        other law that provide funding for estuary 
                        habitat restoration activities;
                    (B) develop, based on best management practices, a 
                framework for fully coordinating and streamlining the 
                activities of the Federal plans and programs referred 
                to in subparagraph (A);
                    (C) develop a set of proposals for--
                            (i) using programs established under this 
                        or any other Act to maximize the incentives for 
                        the creation of new public-private partnerships 
                        to carry out estuary habitat restoration 
                        projects; and
                            (ii) leveraging Federal resources to 
                        encourage increased private sector involvement 
                        in estuary habitat restoration activities; and
                    (D) ensure that the estuary habitat restoration 
                strategy is developed and will be implemented in a 
                manner that is consistent with the findings and 
                requirements of Federal estuary management or habitat 
                restoration plans.
            (3) Elements to be considered.--Consistent with the 
        requirements of this section, the Collaborative Council, in the 
        development of the estuary habitat restoration strategy, shall 
        consider--
                    (A) the contributions of estuary habitat to--
                            (i) wildlife, including endangered and 
                        threatened species, migratory birds, and 
                        resident species of an estuary watershed;
                            (ii) fish and shellfish, including 
                        commercial and sport fisheries;
                            (iii) surface and ground water quality and 
                        quantity, and flood control;
                            (iv) outdoor recreation; and
                            (v) other areas of concern that the 
                        Collaborative Council determines to be 
                        appropriate for consideration;
                    (B) the estimated historic losses, estimated 
                current rate of loss, and extent of the threat of 
                future loss or degradation of each type of estuary 
                habitat;
                    (C) the most appropriate method for selecting 
                estuary habitat restoration projects essential to--
                            (i) the proper protection and preservation 
                        of an estuary ecosystem;
                            (ii) the implementation of a Federal 
                        estuary management or habitat restoration plan; 
                        or
                            (iii) the selection by the Collaborative 
                        Council of an appropriate balance of smaller 
                        and larger estuary habitat restoration 
                        projects; and
                    (D) procedures to minimize duplicative and 
                conflicting application requirements for public and 
                private landowners seeking assistance for estuary 
                habitat restoration activities.
            (4) Community advice.--The Collaborative Council shall seek 
        the advice of experts in restoration of estuary habitat from 
        the private, including nonprofit, sectors to assist in the 
        development of an estuary habitat restoration strategy.
            (5) Public review and comment.--Before adopting a final 
        estuary habitat restoration strategy, the Collaborative Council 
        shall publish in the Federal Register a draft of the estuary 
        habitat restoration strategy and provide an opportunity for 
        public review and comment.
    (b) Establishment of Project Application and Selection Criteria.--
            (1) In general.--Consistent with the other provisions of 
        this section, the Collaborative Council shall establish--
                    (A) application procedures to be followed by States 
                and other non-Federal persons to nominate estuary 
                habitat restoration activities for consideration by the 
                Collaborative Council for assistance under this Act;
                    (B) criteria for determining eligibility for 
                financial assistance under this Act for an estuary 
                habitat restoration project;
                    (C) application procedures and criteria for 
                granting a reduction in the minimum non-Federal share 
                requirement, in accordance with section 7(d)(2); and
                    (D) such other criteria as the Collaborative 
                Council determines to be reasonable and necessary in 
                carrying out this Act.
            (2) Proposals.--A proposal for an estuary habitat 
        restoration project shall originate from a non-Federal person 
        and shall require, when appropriate, the approval of State or 
        local agencies.
            (3) Factors to be taken into account.--The criteria 
        established under paragraph (1) shall provide for the 
        consideration of the following factors in determining the 
        eligibility of an estuary habitat restoration project for 
        financial assistance under this Act and in prioritizing the 
        selection of estuary habitat restoration projects by the 
        Collaborative Council:
                    (A) Whether the proposed estuary habitat 
                restoration project meets the criteria specified in the 
                estuary habitat restoration strategy.
                    (B) The technical merit and feasibility of the 
                proposed estuary habitat restoration project.
                    (C) Whether the non-Federal persons proposing the 
                estuary habitat restoration project can provide 
                satisfactory assurances that they will have adequate 
                personnel, funding, and authority to carry out and 
                properly maintain the estuary habitat restoration 
                project.
                    (D) Whether, in the State in which a proposed 
                estuary habitat restoration project is to be carried 
                out, there is a State dedicated source of funding for 
                programs to acquire or restore estuary habitat, natural 
                areas, and open spaces.
                    (E) Whether the proposed estuary habitat 
                restoration project will encourage the increased 
                coordination and cooperation of Federal, State, and 
                local Government agencies.
                    (F) The level of private matching fund or in-kind 
                contributions to the estuary habitat restoration 
                project.
                    (G) Whether the proposed habitat restoration 
                project includes a monitoring plan to ensure that 
                short-term and long-term restoration goals are 
                achieved.
                    (H) Other factors that the Collaborative Council 
                determines to be reasonable and necessary for 
                consideration.
            (4) Priority estuary habitat restoration projects.--
                    (A) Designation.--The Collaborative Council may 
                designate an estuary habitat restoration project as a 
                priority estuary habitat restoration project if, in 
                addition to meeting the selection criteria specified in 
                this section--
                            (i) the estuary habitat restoration project 
                        addresses a restoration goal identified in the 
                        estuary habitat restoration strategy;
                            (ii) the estuary habitat restoration 
                        project is part of an approved Federal estuary 
                        management or habitat restoration plan;
                            (iii) the non-Federal share with respect to 
                        the estuary habitat restoration project exceeds 
                        50 percent; or
                            (iv) there is a nonpoint source program 
                        upstream of the estuary habitat restoration 
                        project that addresses upstream sources that 
                        would otherwise re-impair the restored habitat.
                    (B) Effect of designation.--A priority estuary 
                habitat restoration project shall be given a higher 
                priority in receipt of funding under this Act.
    (c) Interim Actions.--
            (1) In general.--Pending completion of the estuary habitat 
        restoration strategy developed under subsection (a), the 
        Collaborative Council may pay the Federal share of the cost of 
        an interim action to carry out an estuary habitat restoration 
        activity.
            (2) Federal share.--The Federal share shall not exceed 25 
        percent.
    (d) Cooperation of Non-Federal Partners.--
            (1) In general.--The Collaborative Council shall not select 
        an estuary habitat restoration project until each non-Federal 
        interest has entered into a written cooperation agreement in 
        accordance with section 221(a) of the Flood Control Act of 1970 
        (42 U.S.C. 1962d-5b(a)).
            (2) Maintenance and monitoring.--A cooperation agreement 
        entered into under paragraph (1) shall provide for maintenance 
        and monitoring of the estuary habitat restoration project to 
        the extent determined necessary by the Collaborative Council.
    (e) Lead Collaborative Council Member.--The Collaborative Council 
shall designate a lead Collaborative Council member for each proposed 
estuary habitat restoration project. The lead Collaborative Council 
member shall have primary responsibility for overseeing and assisting 
others in implementing the proposed project.
    (f) Agency Consultation and Coordination.--
            (1) In general.--In carrying out this section, the 
        Collaborative Council shall consult with, cooperate with, and 
        coordinate its activities with the activities of other 
        appropriate Federal agencies, as determined by the 
        Collaborative Council.
            (2) Use of coordinating mechanisms.--The Collaborative 
        Council shall work to ensure that Federal agency coordinating 
        and streamlining mechanisms established under other law are 
        fully used in cases in which the Collaborative Council 
        determines the use of the mechanisms to be appropriate.
    (g) Benefits and Costs of Estuary Habitat Restoration Projects.--
The Collaborative Council shall evaluate the benefits and costs of 
estuary habitat restoration projects in accordance with section 907 of 
the Water Resources Development Act of 1986 (33 U.S.C. 2284).
    (h) Authorization of Appropriations.--There is authorized to be 
appropriated to the Department of the Army for the administration and 
operation of the Collaborative Council $4,000,000 for each fiscal year.

SEC. 7. COST SHARING OF ESTUARY HABITAT RESTORATION PROJECTS.

    (a) In General.--No financial assistance in carrying out an estuary 
habitat restoration project shall be available under this Act from any 
Federal agency unless the non-Federal applicant for assistance 
demonstrates to the satisfaction of the Collaborative Council that the 
estuary habitat restoration project meets--
            (1) the requirements of this Act; and
            (2) any criteria established by the Collaborative Council 
        under this Act.
    (b) Federal Share.--
            (1) In general.--Except as provided in paragraph (2), for 
        each fiscal year, the Federal share of the cost of an estuary 
        habitat restoration project assisted under this Act shall be 
        not less than 25 percent and not more than 65 percent.
            (2) Increased federal share.--In the case of an estuary 
        habitat restoration project with respect to which the applicant 
        demonstrates need under subsection (d)(2), the Federal share of 
        the cost of the project shall not exceed 75 percent.
    (c) Payment of Federal Share Under Other Law.--The Collaborative 
Council may use funds made available under this Act to pay all or part 
of the Federal share of the cost of an estuary habitat restoration 
activity eligible for funding under a program established under another 
provision of law, if the activity would also be eligible for funding 
under this Act as an estuary habitat restoration project.
    (d) Non-Federal Share.--
            (1) In-kind contributions.--The non-Federal share of the 
        cost of an estuary habitat restoration project may be provided 
        in the form of land, easements, rights-of-way, services, or any 
        other form of in-kind contribution determined by the 
        Collaborative Council to be an appropriate contribution 
        equivalent to the monetary amount required for the non-Federal 
        share of the estuary habitat restoration project.
            (2) Reduced non-federal share.--An applicant for assistance 
        in carrying out an estuary habitat restoration project may 
        submit an application for a reduction in the requirement of the 
        payment of a non-Federal share of at least 35 percent, if the 
        applicant submits a statement of need and demonstrates a need 
        for a reduced non-Federal share in accordance with section 
        103(m) of the Water Resources Development Act of 1986 (33 
        U.S.C. 2213(m)).
    (e) Allocation of Funds by States to Political Subdivisions.--With 
the approval of the Secretary, a State may allocate to any local 
government, area wide agency designated under section 204 of the 
Demonstration Cities and Metropolitan Development Act of 1966 (42 
U.S.C. 3334), regional agency, or interstate agency, a portion of any 
funds disbursed by the Collaborative Council to the State for the 
purpose of carrying out an estuary habitat restoration project.

SEC. 8. MONITORING AND MAINTENANCE OF ESTUARY HABITAT RESTORATION 
              PROJECTS.

    (a) Database of Restoration Project Information.--The Under 
Secretary shall maintain an appropriate database of information 
concerning estuary habitat restoration projects funded by the 
Collaborative Council, including information on project techniques, 
project completion, monitoring data, and other relevant information.
    (b) Report.--
            (1) In general.--The Collaborative Council shall biennially 
        submit a report to the Committee on Environment and Public 
        Works of the Senate and the Committee on Transportation and 
        Infrastructure of the House of Representatives on the results 
        of activities carried out under this Act.
            (2) Contents of report.--A report under paragraph (1) shall 
        include--
                    (A) data on the number of acres of estuary habitat 
                restored under this Act, including the number of 
                projects approved and completed that comprise those 
                acres;
                    (B) the percentage of restored estuary habitat 
                monitored under a plan to ensure that short-term and 
                long-term restoration goals are achieved;
                    (C) an estimate of the long-term success of varying 
                restoration techniques used in carrying out estuary 
                habitat restoration projects;
                    (D) a review of how the Collaborative Council has 
                incorporated the information described in subparagraphs 
                (A) through (C) in the selection and implementation of 
                estuary habitat restoration projects;
                    (E) a review of efforts made by the Collaborative 
                Council to maintain an appropriate database of 
                restoration projects funded under this Act; and
                    (F) a review of the measures that the Collaborative 
                Council has taken to provide the information described 
                in subparagraphs (A) through (C) to persons with 
                responsibility for assisting in the restoration of 
                estuary habitat.

SEC. 9. MEMORANDA OF UNDERSTANDING.

    In carrying out this Act, the Collaborative Council may--
            (1) enter into cooperative agreements with persons; and
            (2) execute such memoranda of understanding as are 
        necessary to reflect the agreements.

SEC. 10. DISTRIBUTION OF APPROPRIATIONS FOR ESTUARY HABITAT RESTORATION 
              ACTIVITIES.

    The Secretary shall allocate funds made available to carry out this 
Act based on the need for the funds and such other factors as the 
Collaborative Council determines to be appropriate to carry out this 
Act.

SEC. 11. AUTHORIZATION OF APPROPRIATIONS.

    (a) Authorizations of Appropriations Under Other Law.--Funds 
authorized to be appropriated under section 908 of the Water Resources 
Development Act of 1986 (33 U.S.C. 2285) and section 206 of the Water 
Resources Development Act of 1996 (33 U.S.C. 2330) may be used by the 
Secretary in accordance with this Act to assist States and other non-
Federal persons in carrying out estuary habitat restoration projects or 
interim actions under section 6(c).
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary to carry out this Act--
            (1) $40,000,000 for fiscal year 1999;
            (2) $50,000,000 for fiscal year 2000; and
            (3) $75,000,000 for each of fiscal years 2001 through 2003.

SEC. 12. GENERAL PROVISIONS.

    (a) Additional Authority for Army Corps of Engineers.--The 
Secretary--
            (1) may carry out estuary habitat restoration projects as 
        determined by the Collaborative Council; and
            (2) shall give estuary habitat restoration projects the 
        same consideration (as determined by the Collaborative Council) 
        as projects relating to irrigation, navigation, or flood 
        control.
    (b) Inapplicability of Certain Law.--Sections 203, 204, and 205 of 
the Water Resources Development Act of 1986 (33 U.S.C. 2231, 2232, 
2233) shall not apply to an estuary habitat restoration project 
selected in accordance with this Act.
    (c) Estuary Habitat Restoration Mission.--The Secretary shall 
establish restoration of estuary habitat as a primary mission of the 
Army Corps of Engineers.
    (d) Federal Agency Facilities and Personnel.--
            (1) In general.--Federal agencies may cooperate in carrying 
        out scientific and other programs necessary to carry out this 
        Act, and may provide facilities and personnel, for the purpose 
        of assisting the Collaborative Council in carrying out its 
        duties under this Act.
            (2) Reimbursement from collaborative council.--Federal 
        agencies may accept reimbursement from the Collaborative 
        Council for providing services, facilities, and personnel under 
        paragraph (1).
    (e) Collaborative Council Administrative Expenses and Staffing.--
Not later than 180 days after the date of enactment of this Act, the 
Comptroller General of the United States shall submit to Congress and 
the Secretary an analysis of the extent to which the Collaborative 
Council needs additional personnel and administrative resources to 
fully carry out its duties under this Act. The analysis shall include 
recommendations regarding necessary additional funding.
    (f) Application of and Consistency With Other Laws.--Except as 
specifically provided in this Act--
            (1) nothing in this Act supersedes or modifies any Federal 
        law in existence on the date of enactment of this Act; and
            (2) each action by a Federal agency under this Act shall be 
        carried out in a manner that is consistent with such law.
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