[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 835 Engrossed Amendment House (EAH)]

                In the House of Representatives, U. S.,

                                                    September 12, 2000.

    Resolved, That the bill from the Senate (S. 835) entitled ``An Act to 
encourage the restoration of estuary habitat through more efficient project 
financing and enhanced coordination of Federal and non-Federal restoration 
programs, and for other purposes'', do pass with the following

                               AMENDMENT:

            Strike out all after the enacting clause and insert:

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Clean Waters and 
Bays Act of 2000''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.

                      TITLE I--ESTUARY RESTORATION

Sec. 101. Short title.
Sec. 102. Purposes.
Sec. 103. Definitions.
Sec. 104. Estuary habitat restoration program.
Sec. 105. Establishment of Estuary Habitat Restoration Council.
Sec. 106. Advisory board.
Sec. 107. Estuary habitat restoration strategy.
Sec. 108. Monitoring of estuary habitat restoration projects.
Sec. 109. Reporting.
Sec. 110. Funding.
Sec. 111. General provisions.

                  TITLE II--CHESAPEAKE BAY RESTORATION

Sec. 201. Short title.
Sec. 202. Findings and purposes.
Sec. 203. Chesapeake Bay.
Sec. 204. Sense of the Congress; requirement regarding notice.

                  TITLE III--NATIONAL ESTUARY PROGRAM.

Sec. 301. Additions to national estuary program.
Sec. 302. Grants.
Sec. 303. Authorization of appropriations.

                  TITLE IV--FLORIDA KEYS WATER QUALITY

Sec. 401. Short title.
Sec. 402. Florida Keys water quality improvements.
Sec. 403. Sense of the Congress; requirement regarding notice.

                 TITLE V--LONG ISLAND SOUND RESTORATION

Sec. 501. Short title.
Sec. 502. Nitrogen credit trading system and other measures.
Sec. 503. Assistance for distressed communities.
Sec. 504. Reauthorization of appropriations.

             TITLE VI--LAKE PONTCHARTRAIN BASIN RESTORATION

Sec. 601. Short title.
Sec. 602. National estuary program.
Sec. 603. Lake Pontchartrain Basin.
Sec. 604. Sense of the Congress.

                  TITLE VII--ALTERNATIVE WATER SOURCES

Sec. 701. Short title.
Sec. 702. Grants for alternative water source projects.
Sec. 703. Sense of the Congress; requirement regarding notice.

                        TITLE VIII--CLEAN LAKES

Sec. 801. Grants to States.
Sec. 802. Demonstration program.
Sec. 803. Sense of the Congress; requirement regarding notice.

                TITLE IX--MISSISSIPPI SOUND RESTORATION

Sec. 901. Short title.
Sec. 902. National estuary program.
Sec. 903. Mississippi Sound.
Sec. 904. Sense of the Congress.

        TITLE X--TIJUANA RIVER VALLEY ESTUARY AND BEACH CLEANUP

Sec. 1001. Short title.
Sec. 1002. Purpose.
Sec. 1003. Definitions.
Sec. 1004. Actions to be taken by the Commission and the Administrator.
Sec. 1005. Negotiation of new treaty minute.
Sec. 1006. Authorization of appropriations.

                      TITLE I--ESTUARY RESTORATION

SEC. 101. SHORT TITLE.

    This title may be cited as the ``Estuary Restoration Act of 2000''.

SEC. 102. PURPOSES.

    The purposes of this title are--
            (1) to promote the restoration of estuary habitat;
            (2) to develop a national estuary habitat restoration 
        strategy for creating and maintaining effective estuary habitat 
        restoration partnerships among public agencies at all levels of 
        government and to establish new partnerships between the public 
        and private sectors;
            (3) to provide Federal assistance for estuary habitat 
        restoration projects and to promote efficient financing of such 
        projects; and
            (4) to develop and enhance monitoring and research 
        capabilities to ensure that estuary habitat restoration efforts 
        are based on sound scientific understanding and to create a 
        national database of estuary habitat restoration information.

SEC. 103. DEFINITIONS.

    In this title, the following definitions apply:
            (1) Council.--The term ``Council'' means the Estuary 
        Habitat Restoration Council established by section 105.
            (2) Estuary.--The term ``estuary'' means a part of a river 
        or stream or other body of water that has an unimpaired 
        connection with the open sea and where the sea water is 
        measurably diluted with fresh water derived from land drainage. 
        The term also includes near coastal waters and wetlands of the 
        Great Lakes that are similar in form and function to estuaries.
            (3) Estuary habitat.--The term ``estuary habitat'' means 
        the physical, biological, and chemical elements associated with 
        an estuary, including the complex of physical and hydrologic 
        features and living organisms within the estuary and associated 
        ecosystems.
            (4) Estuary habitat restoration activity.--
                    (A) In general.--The term ``estuary habitat 
                restoration activity'' means an activity that results 
                in improving degraded estuaries or estuary habitat or 
                creating estuary habitat (including both physical and 
                functional restoration), with the goal of attaining a 
                self-sustaining system integrated into the surrounding 
                landscape.
                    (B) Included activities.--The term ``estuary 
                habitat restoration activity'' includes--
                            (i) the reestablishment of chemical, 
                        physical, hydrologic, and biological features 
                        and components associated with an estuary;
                            (ii) except as provided in subparagraph 
                        (C), the cleanup of pollution for the benefit 
                        of estuary habitat;
                            (iii) the control of nonnative and invasive 
                        species in the estuary;
                            (iv) the reintroduction of species native 
                        to the estuary, including through such means as 
                        planting or promoting natural succession;
                            (v) the construction of reefs to promote 
                        fish and shellfish production and to provide 
                        estuary habitat for living resources; and
                            (vi) other activities that improve estuary 
                        habitat.
                    (C) Excluded activities.--The term ``estuary 
                habitat restoration activity'' does not include an 
                activity that--
                            (i) constitutes mitigation required under 
                        any Federal or State law for the adverse 
                        effects of an activity regulated or otherwise 
                        governed by Federal or State law; or
                            (ii) constitutes restoration for natural 
                        resource damages required under any Federal or 
                        State law.
            (5) Estuary habitat restoration project.--The term 
        ``estuary habitat restoration project'' means a project to 
        carry out an estuary habitat restoration activity.
            (6) Estuary habitat restoration plan.--
                    (A) In general.--The term ``estuary habitat 
                restoration plan'' means any Federal or State plan for 
                restoration of degraded estuary habitat that was 
                developed with the substantial participation of 
                appropriate public and private stakeholders.
                    (B) Included plans and programs.--The term 
                ``estuary habitat restoration plan'' includes estuary 
                habitat restoration components of--
                            (i) a comprehensive conservation and 
                        management plan approved under section 320 of 
                        the Federal Water Pollution Control Act (33 
                        U.S.C. 1330);
                            (ii) a lakewide management plan or remedial 
                        action plan developed under section 118 of the 
                        Federal Water Pollution Control Act (33 U.S.C. 
                        1268);
                            (iii) a management plan approved under the 
                        Coastal Zone Management Act of 1972 (16 U.S.C. 
                        1451 et seq.); and
                            (iv) the interstate management plan 
                        developed pursuant to the Chesapeake Bay 
                        program under section 117 of the Federal Water 
                        Pollution Control Act (33 U.S.C. 1267).
            (8) Indian tribe.--The term ``Indian tribe'' has the 
        meaning given such term by section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 450b).
            (9) Non-federal interest.--The term ``non-federal 
        interest'' means a State, a political subdivision of a State, 
        an Indian tribe, a regional or interstate agency, or, as 
        provided in section 104(g)(2), a nongovernmental organization.
            (10) Secretary.--The term ``Secretary'' means the Secretary 
        of the Army.
            (11) State.--The term ``State'' means the States of 
        Alabama, Alaska, California, Connecticut, Delaware, Florida, 
        Georgia, Hawaii, Illinois, Indiana, Louisiana, Maine, Maryland, 
        Massachusetts, Michigan, Minnesota, Mississippi, New Hampshire, 
        New Jersey, New York, North Carolina, Ohio, Oregon, 
        Pennsylvania, Rhode Island, South Carolina, Texas, Virginia, 
        Washington, and Wisconsin, the District of Columbia, the 
        Commonwealth of Puerto Rico, the Commonwealth of the Northern 
        Mariana Islands, the United States Virgin Islands, American 
        Samoa, and Guam.

SEC. 104. ESTUARY HABITAT RESTORATION PROGRAM.

    (a) Establishment.--There is established an estuary habitat 
restoration program under which the Secretary may carry out estuary 
habitat restoration projects and provide technical assistance in 
accordance with the requirements of this title.
    (b) Origin of Projects.--A proposed estuary habitat restoration 
project shall originate from a non-Federal interest consistent with 
State or local laws.
    (c) Required Elements of Project Proposals.--To be eligible for the 
estuary habitat restoration program established under this title, each 
proposed estuary habitat restoration project must--
            (1) address restoration needs identified in an estuary 
        habitat restoration plan;
            (2) be consistent with the estuary habitat restoration 
        strategy developed under section 107;
            (3) be technically feasible;
            (4) include a monitoring plan that is consistent with 
        standards for monitoring developed under section 108 to ensure 
        that short-term and long-term restoration goals are achieved; 
        and
            (5) include satisfactory assurance from the non-Federal 
        interests proposing the project that the non-Federal interests 
        will have adequate personnel, funding, and authority to carry 
        out and properly maintain the project.
    (d) Selection of Projects.--
            (1) In general.--The Secretary, after considering the 
        advice and recommendations of the Council, shall select estuary 
        habitat restoration projects taking into account the following 
        factors:
                    (A) The scientific merit of the project.
                    (B) Whether the project will encourage increased 
                coordination and cooperation among Federal, State, and 
                local government agencies.
                    (C) Whether the project fosters public-private 
                partnerships and uses Federal resources to encourage 
                increased private sector involvement, including 
                consideration of the amount of private funds or in-kind 
                contributions for an estuary habitat restoration 
                activity.
                    (D) Whether the project is cost-effective.
                    (E) Whether the State in which the non-Federal 
                interest is proposing the project has a dedicated 
                source of funding to acquire or restore estuary 
                habitat, natural areas, and open spaces for the benefit 
                of estuary habitat restoration or protection.
                    (F) Other factors that the Secretary determines to 
                be reasonable and necessary for consideration.
            (2) Priority.--In selecting estuary habitat restoration 
        projects to be carried out under this title, the Secretary 
        shall give priority consideration to a project if, in addition 
        to meriting selection based on the factors under paragraph 
        (1)--
                    (A) the project occurs within a watershed in which 
                there is a program being carried out that addresses 
                sources of pollution and other activities that 
                otherwise would re-impair the restored habitat; or
                    (B) the project includes pilot testing or a 
                demonstration of an innovative technology having the 
                potential for improved cost-effectiveness in estuary 
                habitat restoration.
    (e) Cost Sharing.--
            (1) Federal share.--The Federal share of the cost of an 
        estuary habitat restoration project carried out under this 
        title shall not exceed 65 percent of such cost.
            (2) Non-federal share.--The non-Federal share of the cost 
        of an estuary habitat restoration project carried out under 
        this title shall include lands, easements, rights-of-way, and 
        relocations and may include services, or any other form of in-
        kind contribution determined by the Secretary to be an 
        appropriate contribution equivalent to the monetary amount 
        required for the non-Federal share of the activity.
    (f) Interim Actions.--
            (1) In general.--Pending completion of the estuary habitat 
        restoration strategy to be developed under section 107, the 
        Secretary may take interim actions to carry out an estuary 
        habitat restoration activity.
            (2) Federal share.--The Federal share of the cost of an 
        estuary habitat restoration activity before the completion of 
        the estuary habitat restoration strategy shall not exceed 25 
        percent of such cost.
    (g) Cooperation of Non-Federal Interests.--
            (1) In general.--The Secretary shall not select an estuary 
        habitat restoration project until a non-Federal interest has 
        entered into a written agreement with the Secretary in which 
        the non-Federal interest agrees to--
                    (A) provide all lands, easements, rights-of-way, 
                and relocations and any other elements the Secretary 
                determines appropriate under subsection (e)(2); and
                    (B) provide for maintenance and monitoring of the 
                project to the extent the Secretary determines 
                necessary.
            (2) Nongovernmental organizations.--Notwithstanding section 
        221 of the Flood Control Act of 1970 (42 U.S.C. 1962d-5b(b)), 
        for any project undertaken under this title, the Secretary, 
        upon the recommendation of the Governor of the State in which 
        the project is located and in consultation with appropriate 
        officials of political subdivisions of such State, may allow a 
        nongovernmental organization to serve as the non-Federal 
        interest.
    (h) Delegation of Project Implementation.--In carrying out this 
title, the Secretary may delegate project implementation to another 
Federal department or agency on a reimbursable basis if the Secretary, 
after considering the advice and recommendations of the Council, 
determines such delegation is appropriate.

SEC. 105. ESTABLISHMENT OF ESTUARY HABITAT RESTORATION COUNCIL.

    (a) Council.--There is established a council to be known as the 
``Estuary Habitat Restoration Council''.
    (b) Duties.--The Council shall be responsible for--
            (1) soliciting, reviewing, and evaluating project proposals 
        and making recommendations concerning such proposals based on 
        the factors specified in section 104(d)(1), including 
        recommendations as to a priority order for carrying out such 
        projects and as to whether a project should be carried out by 
        the Secretary or by another Federal department or agency under 
        section 104(h);
            (2) developing and transmitting to Congress a national 
        strategy for restoration of estuary habitat;
            (3) periodically reviewing the effectiveness of the 
        national strategy in meeting the purposes of this title and, as 
        necessary, updating the national strategy; and
            (4) providing advice on the development of the database, 
        monitoring standards, and report required under sections 108 
        and 109.
    (c) Membership.--The Council shall be composed of the following 
members:
            (1) The Secretary (or the Secretary's designee).
            (2) The Under Secretary for Oceans and Atmosphere of the 
        Department of Commerce (or the Under Secretary's designee).
            (3) The Administrator of the Environmental Protection 
        Agency (or the Administrator's designee).
            (4) The Secretary of the Interior, acting through the 
        Director of the United States Fish and Wildlife Service (or 
        such Secretary's designee).
            (5) The Secretary of Agriculture (or such Secretary's 
        designee).
            (6) The head of any other Federal agency designated by the 
        President to serve as an ex officio member of the Council.
    (d) Prohibition of Compensation.--Members of the Council may not 
receive compensation for their service as members of the Council.
    (e) Chairperson.--The chairperson shall be elected by the Council 
from among its members for a 3-year term, except that the first elected 
chairperson may serve a term of fewer than 3 years.
    (f) Convening of Council.--
            (1) First meeting.--The Secretary shall convene the first 
        meeting of the Council not later than 60 days after the date of 
        the enactment of this Act for the purpose of electing a 
        chairperson.
            (2) Additional meetings.--The chairperson shall convene 
        additional meetings of the Council as often as appropriate to 
        ensure that this title is fully carried out, but not less often 
        than annually.
    (g) Council Procedures.--The Council shall establish procedures for 
voting, the conduct of meetings, and other matters, as necessary.
    (h) Public Participation.--Meetings of the Council shall be open to 
the public. The Council shall provide notice to the public of such 
meetings.

SEC. 106. ADVISORY BOARD.

    (a) In General.--The Council shall establish an advisory board (in 
this section referred to as the ``board'').
    (b) Duties.--The board shall provide advice and recommendations to 
the Council--
            (1) on the strategy developed pursuant to section 107; and
            (2) on the Council's consideration of proposed estuary 
        habitat restoration projects and the Council's recommendations 
        to the Secretary pursuant to section 105(b)(1), including 
        advice on the scientific merit, technical merit, and 
        feasibility of a project.
    (c) Members.--The Council shall appoint members of the board 
representing diverse public and private interests. Members of the board 
shall be selected such that the board consists of--
            (1) three members with recognized academic scientific 
        expertise in estuary or estuary habitat restoration;
            (2) three members representing State agencies with 
        expertise in estuary or estuary habitat restoration;
            (3) two members representing local or regional government 
        agencies with expertise in estuary or estuary habitat 
        restoration;
            (4) two members representing nongovernmental organizations 
        with expertise in estuary or estuary habitat restoration;
            (5) two members representing fishing interests;
            (6) two members representing estuary users other than 
        fishing interests;
            (7) two members representing agricultural interests; and
            (8) two members representing Indian tribes.
    (d) Terms.--
            (1) In general.--Except as provided by subparagraph (B), 
        members of the board shall be appointed for a term of 3 years.
            (2) Initial members.--As designated by the chairperson of 
        the Council at the time of appointment, of the members first 
        appointed--
                    (A) nine shall be appointed for a term of 1 year; 
                and
                    (B) nine shall be appointed for a term of 2 years.
    (e) Vacancies.--Whenever a vacancy occurs among members of the 
board, the Council shall appoint an appropriate individual to fill that 
vacancy for the remainder of the applicable term.
    (f) Board Leadership.--The board shall elect from among its members 
a chairperson of the board to represent the board in matters related to 
its duties under this title.
    (g) Compensation.--Members of the board shall not be considered to 
be employees of the United States and may not receive compensation for 
their service as members of the board, except that while engaged in the 
performance of their duties while away from their homes or regular 
place of business, members of the board may be allowed necessary travel 
expenses as authorized by section 5703 of title 5, United States Code.
    (h) Technical Support.--Technical support may be provided to the 
board by regional and field staff of the Corps of Engineers, the 
Environmental Protection Agency, the National Oceanic and Atmospheric 
Administration, the United States Fish and Wildlife Service, and the 
Department of Agriculture. The Secretary shall coordinate the provision 
of such assistance.
    (i) Administrative Support Services.--Upon the request of the 
board, the Secretary may provide to the board the administrative 
support services necessary for the board to carry out its 
responsibilities under this title.
    (j) Funding.--From amounts appropriated for that purpose under 
section 110, the Secretary shall provide funding for the board to carry 
out its duties under this title.

SEC. 107. ESTUARY HABITAT RESTORATION STRATEGY.

    (a) In General.--Not later than 1 year after the date of the 
enactment of this Act, the Council, in consultation with the advisory 
board established under section 106, shall develop an estuary habitat 
restoration strategy designed to ensure a comprehensive approach to 
maximize benefits derived from estuary habitat restoration projects and 
to foster the coordination of Federal and non-Federal activities 
related to restoration of estuary habitat.
    (b) Goal.--The goal of the strategy shall be the restoration of 
1,000,000 acres of estuary habitat by the year 2010.
    (c) Integration of Estuary Habitat Restoration Plans, Programs, and 
Partnerships.--In developing the estuary habitat restoration strategy, 
the Council shall--
            (1) conduct a review of estuary management or habitat 
        restoration plans and Federal programs established under other 
        laws that authorize funding for estuary habitat restoration 
        activities; and
            (2) ensure that the estuary habitat restoration strategy is 
        developed in a manner that is consistent with the estuary 
        management or habitat restoration plans.
    (d) Elements of the Strategy.--The estuary habitat restoration 
strategy shall include proposals, methods, and guidance on--
            (1) maximizing the incentives for the creation of new 
        public-private partnerships to carry out estuary habitat 
        restoration projects and the use of Federal resources to 
        encourage increased private sector involvement in estuary 
        habitat restoration activities;
            (2) ensuring that the estuary habitat restoration strategy 
        will be implemented in a manner that is consistent with the 
        estuary management or habitat restoration plans;
            (3) promoting estuary habitat restoration projects to--
                    (A) provide healthy ecosystems in order to 
                support--
                            (i) wildlife, including endangered and 
                        threatened species, migratory birds, and 
                        resident species of an estuary watershed; and
                            (ii) fish and shellfish, including 
                        commercial and recreational fisheries;
                    (B) improve surface and ground water quality and 
                quantity, and flood control;
                    (C) provide outdoor recreation and other direct and 
                indirect values; and
                    (D) address other areas of concern that the Council 
                determines to be appropriate for consideration;
            (4) addressing 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;
            (5) measuring the rate of change for each type of estuary 
        habitat;
            (6) selecting a balance of smaller and larger estuary 
        habitat restoration projects; and
            (7) ensuring equitable geographic distribution of projects 
        funded under this title.
    (e) Public Review and Comment.--Before the Council adopts a final 
or revised estuary habitat restoration strategy, the Secretary shall 
publish in the Federal Register a draft of the estuary habitat 
restoration strategy and provide an opportunity for public review and 
comment.
    (f) Periodic Revision.--Using data and information developed 
through project monitoring and management, and other relevant 
information, the Council may periodically review and update, as 
necessary, the estuary habitat restoration strategy.

SEC. 108. MONITORING OF ESTUARY HABITAT RESTORATION PROJECTS.

    (a) Under Secretary.--In this section, the term ``Under Secretary'' 
means the Under Secretary for Oceans and Atmosphere of the Department 
of Commerce.
    (b) Database of Restoration Project Information.--The Under 
Secretary, in consultation with the Council, shall develop and maintain 
an appropriate database of information concerning estuary habitat 
restoration projects carried out under this title, including 
information on project techniques, project completion, monitoring data, 
and other relevant information.
    (c) Monitoring Data Standards.--The Under Secretary, in 
consultation with the Council, shall develop standard data formats for 
monitoring projects, along with requirements for types of data 
collected and frequency of monitoring.
    (d) Coordination of Data.--The Under Secretary shall compile 
information that pertains to estuary habitat restoration projects from 
other Federal, State, and local sources and that meets the quality 
control requirements and data standards established under this section.
    (e) Use of Existing Programs.--The Under Secretary shall use 
existing programs within the National Oceanic and Atmospheric 
Administration to create and maintain the database required under this 
section.
    (f) Public Availability.--The Under Secretary shall make the 
information collected and maintained under this section available to 
the public.

SEC. 109. REPORTING.

    (a) In General.--At the end of the third and fifth fiscal years 
following the date of the enactment of this Act, the Secretary, after 
considering the advice and recommendations of the Council, shall 
transmit to Congress a report on the results of activities carried out 
under this title.
    (b) Contents of Report.--A report under subsection (a) shall 
include--
            (1) data on the number of acres of estuary habitat restored 
        under this title, including descriptions of, and partners 
        involved with, projects selected, in progress, and completed 
        under this title that comprise those acres;
            (2) information from the database established under section 
        108(b) related to ongoing monitoring of projects to ensure that 
        short-term and long-term restoration goals are achieved;
            (3) an estimate of the long-term success of varying 
        restoration techniques used in carrying out estuary habitat 
        restoration projects;
            (4) a review of how the information described in paragraphs 
        (1) through (3) has been incorporated in the selection and 
        implementation of estuary habitat restoration projects;
            (5) a review of efforts made to maintain an appropriate 
        database of restoration projects carried out under this title; 
        and
            (6) a review of the measures taken to provide the 
        information described in paragraphs (1) through (3) to persons 
        with responsibility for assisting in the restoration of estuary 
        habitat.

SEC. 110. FUNDING.

    (a) Authorization of Appropriations.--
            (1) Estuary habitat restoration projects.--There is 
        authorized to be appropriated to the Secretary for carrying out 
        and providing technical assistance for estuary habitat 
        restoration projects--
                    (A) $30,000,000 for fiscal year 2001;
                    (B) $35,000,000 for fiscal year 2002; and
                    (C) $45,000,000 for each of fiscal years 2003 
                through 2005.
        Such amounts shall remain available until expended.
            (2) Monitoring.--There is authorized to be appropriated to 
        the Under Secretary for Oceans and Atmosphere of the Department 
        of Commerce for the acquisition, maintenance, and management of 
        monitoring data on restoration projects carried out under this 
        title, $1,500,000 for each of fiscal years 2001 through 2005. 
        Such amounts shall remain available until expended.
    (b) Set-Aside for Administrative Expenses of the Council and 
Advisory Board.--Not to exceed 3 percent of the amounts appropriated 
for a fiscal year under subsection (a)(1) or $1,500,000, whichever is 
greater, may be used by the Secretary for administration and operation 
of the Council and the advisory board established under section 106.

SEC. 111. GENERAL PROVISIONS.

    (a) Agency Consultation and Coordination.--In carrying out this 
title, the Secretary shall, as necessary, consult with, cooperate with, 
and coordinate its activities with the activities of other Federal 
departments and agencies.
    (b) Cooperative Agreements; Memoranda of Understanding.--In 
carrying out this title, the Secretary may--
            (1) enter into cooperative agreements with Federal, State, 
        and local government agencies and other entities; and
            (2) execute such memoranda of understanding as are 
        necessary to reflect the agreements.
    (c) Federal Agency Facilities and Personnel.--Federal agencies may 
cooperate in carrying out scientific and other programs necessary to 
carry out this title, and may provide facilities and personnel, for the 
purpose of assisting the Council in carrying out its duties under this 
title.
    (d) Identification and Mapping of Dredged Material Disposal 
Sites.--In consultation with appropriate Federal and non-Federal public 
entities, the Secretary shall undertake, and update as warranted by 
changed conditions, surveys to identify and map sites appropriate for 
beneficial uses of dredged material for the protection, restoration, 
and creation of aquatic and ecologically related habitats, including 
wetlands, in order to further the purposes of this title.
    (e) Study of Bioremediation Technology.--
            (1) In general.--Not later than 180 days after the date of 
        the enactment of this Act, the Administrator of the 
        Environmental Protection Agency, with the participation of the 
        estuarine scientific community, shall begin a 2-year study on 
        the efficacy of bioremediation products.
            (2) Requirements.--The study shall--
                    (A) evaluate and assess bioremediation technology--
                            (i) on low-level petroleum hydrocarbon 
                        contamination from recreational boat bilges;
                            (ii) on low-level petroleum hydrocarbon 
                        contamination from stormwater discharges;
                            (iii) on nonpoint petroleum hydrocarbon 
                        discharges; and
                            (iv) as a first response tool for petroleum 
                        hydrocarbon spills; and
                    (B) recommend management actions to optimize the 
                return of a healthy and balanced ecosystem and make 
                improvements in the quality and character of estuarine 
                waters.

                  TITLE II--CHESAPEAKE BAY RESTORATION

SEC. 201. SHORT TITLE.

    This title may be cited as the ``Chesapeake Bay Restoration Act of 
2000''.

SEC. 202. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds that--
            (1) the Chesapeake Bay is a national treasure and a 
        resource of worldwide significance;
            (2) over many years, the productivity and water quality of 
        the Chesapeake Bay and its watershed were diminished by 
        pollution, excessive sedimentation, shoreline erosion, the 
        impacts of population growth and development in the Chesapeake 
        Bay watershed, and other factors;
            (3) the Federal Government (acting through the 
        Administrator of the Environmental Protection Agency), the 
        Governor of the State of Maryland, the Governor of the 
        Commonwealth of Virginia, the Governor of the Commonwealth of 
        Pennsylvania, the Chairperson of the Chesapeake Bay Commission, 
        and the Mayor of the District of Columbia, as Chesapeake Bay 
        Agreement signatories, have committed to a comprehensive 
        cooperative program to achieve improved water quality and 
        improvements in the productivity of living resources of the 
        Bay;
            (4) the cooperative program described in paragraph (3) 
        serves as a national and international model for the management 
        of estuaries; and
            (5) there is a need to expand Federal support for 
        monitoring, management, and restoration activities in the 
        Chesapeake Bay and the tributaries of the Bay in order to meet 
        and further the original and subsequent goals and commitments 
        of the Chesapeake Bay Program.
    (b) Purposes.--The purposes of this title are--
            (1) to expand and strengthen cooperative efforts to restore 
        and protect the Chesapeake Bay; and
            (2) to achieve the goals established in the Chesapeake Bay 
        Agreement.

SEC. 203. CHESAPEAKE BAY.

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

``SEC. 117. CHESAPEAKE BAY.

    ``(a) Definitions.--In this section, the following definitions 
apply:
            ``(1) Administrative cost.--The term `administrative cost' 
        means the cost of salaries and fringe benefits incurred in 
        administering a grant under this section.
            ``(2) Chesapeake bay agreement.--The term `Chesapeake Bay 
        Agreement' means the formal, voluntary agreements executed to 
        achieve the goal of restoring and protecting the Chesapeake Bay 
        ecosystem and the living resources of the Chesapeake Bay 
        ecosystem and signed by the Chesapeake Executive Council.
            ``(3) Chesapeake bay ecosystem.--The term `Chesapeake Bay 
        ecosystem' means the ecosystem of the Chesapeake Bay and its 
        watershed.
            ``(4) Chesapeake bay program.--The term `Chesapeake Bay 
        Program' means the program directed by the Chesapeake Executive 
        Council in accordance with the Chesapeake Bay Agreement.
            ``(5) Chesapeake executive council.--The term `Chesapeake 
        Executive Council' means the signatories to the Chesapeake Bay 
        Agreement.
            ``(6) 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.--
                    ``(A) In general.--The Administrator shall maintain 
                in the Environmental Protection Agency a Chesapeake Bay 
                Program Office.
                    ``(B) Function.--The Chesapeake Bay Program Office 
                shall provide support to the Chesapeake Executive 
                Council by--
                            ``(i) implementing and coordinating 
                        science, research, modeling, support services, 
                        monitoring, data collection, and other 
                        activities that support the Chesapeake Bay 
                        Program;
                            ``(ii) 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 ecosystem;
                            ``(iii) in cooperation with appropriate 
                        Federal, State, and local authorities, 
                        assisting the signatories to the Chesapeake Bay 
                        Agreement in developing and implementing 
                        specific action plans to carry out the 
                        responsibilities of the signatories to the 
                        Chesapeake Bay Agreement;
                            ``(iv) coordinating the actions of the 
                        Environmental Protection Agency with the 
                        actions of the appropriate officials of other 
                        Federal agencies and State and local 
                        authorities in developing strategies to--
                                    ``(I) improve the water quality and 
                                living resources in the Chesapeake Bay 
                                ecosystem; and
                                    ``(II) obtain the support of the 
                                appropriate officials of the agencies 
                                and authorities in achieving the 
                                objectives of the Chesapeake Bay 
                                Agreement; and
                            ``(v) implementing outreach programs for 
                        public information, education, and 
                        participation to foster stewardship of the 
                        resources of the Chesapeake Bay.
    ``(c) Interagency Agreements.--The Administrator may enter into an 
interagency agreement with a Federal agency to carry out this section.
    ``(d) Technical Assistance and Assistance Grants.--
            ``(1) In general.--In cooperation with the Chesapeake 
        Executive Council, the Administrator may provide technical 
        assistance, and assistance grants, to nonprofit organizations, 
        State and local governments, colleges, universities, and 
        interstate agencies to achieve the goals and requirements 
        contained in subsection (g)(1), 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 guidance issued 
                by the Administrator.
                    ``(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 shall not 
        exceed 10 percent of the annual grant award.
    ``(e) Implementation and Monitoring Grants.--
            ``(1) In general.--If a signatory jurisdiction has approved 
        and committed to implement all or substantially all aspects of 
        the Chesapeake Bay Agreement, on the request of the chief 
        executive of the jurisdiction, the Administrator--
                    ``(A) shall make a grant to the jurisdiction for 
                the purpose of implementing the management mechanisms 
                established under the Chesapeake Bay Agreement, subject 
                to such terms and conditions as the Administrator 
                considers appropriate; and
                    ``(B) may make a grant to a signatory jurisdiction 
                for the purpose of monitoring the Chesapeake Bay 
                ecosystem.
            ``(2) Proposals.--
                    ``(A) In general.--A signatory jurisdiction 
                described in paragraph (1) may apply for a grant under 
                this subsection for a fiscal year by submitting to the 
                Administrator a comprehensive proposal to implement 
                management mechanisms established under the Chesapeake 
                Bay Agreement.
                    ``(B) Contents.--A proposal under subparagraph (A) 
                shall include--
                            ``(i) 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 its watershed or meeting 
                        applicable water quality standards or 
                        established goals and objectives under the 
                        Chesapeake Bay Agreement; and
                            ``(ii) the estimated cost of the actions 
                        proposed to be taken during the fiscal year.
            ``(3) Approval.--If the Administrator finds that the 
        proposal is consistent with the Chesapeake Bay Agreement and 
        the national goals established under section 101(a), the 
        Administrator may approve the proposal for an award.
            ``(4) Federal share.--The Federal share of an 
        implementation grant under this subsection shall not exceed 50 
        percent of the cost 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 shall not 
        exceed 10 percent of the annual grant award.
            ``(7) Reporting.--On or before October 1 of each fiscal 
        year, the Administrator shall make available to the public a 
        document that lists and describes, in the greatest practicable 
        degree of detail--
                    ``(A) all projects and activities funded for the 
                fiscal year;
                    ``(B) the goals and objectives of projects funded 
                for the previous fiscal year; and
                    ``(C) the net benefits of projects funded for 
                previous fiscal years.
    ``(f) Federal Facilities and Budget Coordination.--
            ``(1) Subwatershed planning and restoration.--A 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, the Federal Agencies Chesapeake 
        Ecosystem Unified Plan, and any subsequent agreements and 
        plans.
            ``(3) Budget coordination.--
                    ``(A) In general.--As part of the annual budget 
                submission of each Federal agency with projects or 
                grants related to restoration, planning, monitoring, or 
                scientific investigation of the Chesapeake Bay 
                ecosystem, the head of the agency shall submit to the 
                President a report that describes plans for the 
                expenditure of the funds under this section.
                    ``(B) Disclosure to the council.--The head of each 
                agency referred to in subparagraph (A) shall disclose 
                the report under that subparagraph with the Chesapeake 
                Executive Council as appropriate.
    ``(g) Chesapeake Bay Program.--
            ``(1) Management strategies.--The Administrator, in 
        coordination with other members of the Chesapeake Executive 
        Council, shall ensure that management plans are developed and 
        implementation is begun by signatories to the Chesapeake Bay 
        Agreement to achieve--
                    ``(A) the nutrient goals of the Chesapeake Bay 
                Agreement for the quantity of nitrogen and phosphorus 
                entering the Chesapeake Bay and its watershed;
                    ``(B) the water quality requirements necessary to 
                restore living resources in the Chesapeake Bay 
                ecosystem;
                    ``(C) the Chesapeake Bay Basinwide Toxins Reduction 
                and Prevention Strategy goal of reducing or eliminating 
                the input of chemical contaminants from all 
                controllable sources to levels that result in no toxic 
                or bioaccumulative impact on the living resources of 
                the Chesapeake Bay ecosystem or on human health;
                    ``(D) habitat restoration, protection, creation, 
                and enhancement goals established by Chesapeake Bay 
                Agreement signatories for wetlands, riparian forests, 
                and other types of habitat associated with the 
                Chesapeake Bay ecosystem; and
                    ``(E) the restoration, protection, creation, and 
                enhancement goals established by the Chesapeake Bay 
                Agreement signatories for living resources associated 
                with the Chesapeake Bay ecosystem.
            ``(2) Small watershed grants program.--The Administrator, 
        in cooperation with the Chesapeake Executive Council, shall--
                    ``(A) establish a small watershed grants program as 
                part of the Chesapeake Bay Program; and
                    ``(B) offer technical assistance and assistance 
                grants under subsection (d) to local governments and 
                nonprofit organizations and individuals in the 
                Chesapeake Bay region to implement--
                            ``(i) cooperative tributary basin 
                        strategies that address the water quality and 
                        living resource needs in the Chesapeake Bay 
                        ecosystem; and
                            ``(ii) locally based protection and 
                        restoration programs or projects within a 
                        watershed that complement the tributary basin 
                        strategies, including the creation, 
                        restoration, protection, or enhancement of 
                        habitat associated with the Chesapeake Bay 
                        ecosystem.
    ``(h) Study of Chesapeake Bay Program.--
            ``(1) In general.--Not later than April 22, 2000, and every 
        5 years thereafter, the Administrator, in coordination with the 
        Chesapeake Executive Council, shall complete a study and submit 
        to Congress a comprehensive report on the results of the study.
            ``(2) Requirements.--The study and report shall--
                    ``(A) assess the state of the Chesapeake Bay 
                ecosystem;
                    ``(B) compare the current state of the Chesapeake 
                Bay ecosystem with its state in 1975, 1985, and 1995;
                    ``(C) assess the effectiveness of management 
                strategies being implemented on the date of the 
                enactment of this section and the extent to which the 
                priority needs are being met;
                    ``(D) make recommendations for the improved 
                management of the Chesapeake Bay Program either by 
                strengthening strategies being implemented on the date 
                of the enactment of this section or by adopting new 
                strategies; and
                    ``(E) be presented in such a format as to be 
                readily transferable to and usable by other watershed 
                restoration programs.
    ``(i) Special Study of Living Resource Response.--
            ``(1) In general.--Not later than 180 days after the date 
        of the enactment of this section, the Administrator shall 
        commence a 5-year special study with full participation of the 
        scientific community of the Chesapeake Bay to establish and 
        expand understanding of the response of the living resources of 
        the Chesapeake Bay ecosystem to improvements in water quality 
        that have resulted from investments made through the Chesapeake 
        Bay Program.
            ``(2) Requirements.--The study shall--
                    ``(A) determine the current status and trends of 
                living resources, including grasses, benthos, 
                phytoplankton, zooplankton, fish, and shellfish;
                    ``(B) establish to the extent practicable the rates 
                of recovery of the living resources in response to 
                improved water quality condition;
                    ``(C) evaluate and assess interactions of species, 
                with particular attention to the impact of changes 
                within and among trophic levels; and
                    ``(D) recommend management actions to optimize the 
                return of a healthy and balanced ecosystem in response 
                to improvements in the quality and character of the 
                waters of the Chesapeake Bay.
    ``(j) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $30,000,000 for each of fiscal 
years 2000 through 2005.''.

SEC. 204. SENSE OF THE CONGRESS; REQUIREMENT REGARDING NOTICE.

    (a) Purchase of American-Made Equipment and Products.--In the case 
of any equipment or products that may be authorized to be purchased 
with financial assistance provided under section 117 of the Federal 
Water Pollution Control Act (33 U.S.C. 1267), it is the sense of the 
Congress that entities receiving such assistance should, in expending 
the assistance, purchase only American-made equipment and products.
    (b) Notice to Recipients of Assistance.--In providing financial 
assistance under section 117 of the Federal Water Pollution Control 
Act, the head of each Federal agency shall provide to each recipient of 
the assistance a notice describing the statement made in subsection (a) 
by Congress.
    (c) Notice of Report.--Any entity which receives funds under 
section 117 of the Federal Water Pollution Control Act shall report any 
expenditures on foreign-made items to Congress within 180 days of the 
expenditure.

                  TITLE III--NATIONAL ESTUARY PROGRAM

SEC. 301. ADDITIONS TO NATIONAL ESTUARY PROGRAM.

    Section 320(a)(2)(B) of the Federal Water Pollution Control Act (33 
U.S.C. 1330(a)(2)(B)) is amended by inserting ``Lake Ponchartrain 
Basin, Louisiana and Mississippi; Mississippi Sound, Mississippi;'' 
before ``and Peconic Bay, New York.''.

SEC. 302. GRANTS.

    Section 320(g) of the Federal Water Pollution Control Act (33 
U.S.C. 1330(g)) is amended by striking paragraphs (2) and (3) and 
inserting the following:
            ``(2) Purposes.--Grants under this subsection shall be made 
        to pay for activities necessary for the development and 
        implementation of a comprehensive conservation and management 
        plan under this section.
            ``(3) Federal share.--The Federal share of a grant to any 
        person (including a State, interstate, or regional agency or 
        entity) under this subsection for a fiscal year--
                    ``(A) shall not exceed--
                            ``(i) 75 percent of the annual aggregate 
                        costs of the development of a comprehensive 
                        conservation and management plan; and
                            ``(ii) 50 percent of the annual aggregate 
                        costs of the implementation of the plan; and
                    ``(B) shall be made on condition that the non-
                Federal share of the costs are provided from non-
                Federal sources.''.

SEC. 303. AUTHORIZATION OF APPROPRIATIONS.

    Section 320(i) of the Federal Water Pollution Control Act (33 
U.S.C. 1330(i)) is amended by striking ``$12,000,000 per fiscal year 
for each of fiscal years 1987, 1988, 1989, 1990, and 1991'' and 
inserting ``$50,000,000 for each of fiscal years 2000 through 2004''.

                  TITLE IV--FLORIDA KEYS WATER QUALITY

SEC. 401. SHORT TITLE.

    This title may be cited as the ``Florida Keys Water Quality 
Improvements Act of 2000''.

SEC. 402. FLORIDA KEYS WATER QUALITY IMPROVEMENTS.

    Title I of the Federal Water Pollution Control Act (33 U.S.C. 1251 
et seq.) is amended by adding at the end the following:

``SEC. 121. FLORIDA KEYS.

    ``(a) In General.--Subject to the requirements of this section, the 
Administrator may make grants to the Florida Keys Aqueduct Authority, 
appropriate agencies of municipalities of Monroe County, Florida, and 
other appropriate public agencies of the State of Florida or Monroe 
County for the planning and construction of treatment works to improve 
water quality in the Florida Keys National Marine Sanctuary.
    ``(b) Criteria for Projects.--In applying for a grant for a project 
under subsection (a), an applicant shall demonstrate that--
            ``(1) the applicant has completed adequate planning and 
        design activities for the project;
            ``(2) the applicant has completed a financial plan 
        identifying sources of non-Federal funding for the project;
            ``(3) the project complies with--
                    ``(A) applicable growth management ordinances of 
                Monroe County, Florida;
                    ``(B) applicable agreements between Monroe County, 
                Florida, and the State of Florida to manage growth in 
                Monroe County, Florida; and
                    ``(C) applicable water quality standards; and
            ``(4) the project is consistent with the master wastewater 
        and stormwater plans for Monroe County, Florida.
    ``(c) Consideration.--In selecting projects to receive grants under 
subsection (a), the Administrator shall consider whether a project will 
have substantial water quality benefits relative to other projects 
under consideration.
    ``(d) Consultation.--In carrying out this section, the 
Administrator shall consult with--
            ``(1) the Water Quality Steering Committee established 
        under section 8(d)(2)(A) of the Florida Keys National Marine 
        Sanctuary and Protection Act (106 Stat. 5054);
            ``(2) the South Florida Ecosystem Restoration Task Force 
        established by section 528(f) of the Water Resources 
        Development Act of 1996 (110 Stat. 3771-3773);
            ``(3) the Commission on the Everglades established by 
        executive order of the Governor of the State of Florida; and
            ``(4) other appropriate State and local government 
        officials.
    ``(e) Non-Federal Share.--The non-Federal share of the cost of a 
project carried out using amounts from grants made under subsection (a) 
shall not be less than 25 percent.
    ``(f) Authorization of Appropriations.--There is authorized to be 
appropriated to the Administrator to carry out this section--
            ``(1) $32,000,000 for fiscal year 2001;
            ``(2) $31,000,000 for fiscal year 2002; and
            ``(3) $50,000,000 for each of fiscal years 2003 through 
        2005.
Such sums shall remain available until expended.''.

SEC. 403. SENSE OF THE CONGRESS; REQUIREMENT REGARDING NOTICE.

    (a) Purchase of American-Made Equipment and Products.--In the case 
of any equipment or products that may be authorized to be purchased 
with financial assistance provided under this title (including any 
amendment made by this title), it is the sense of the Congress that 
entities receiving such assistance should, in expending the assistance, 
purchase only American-made equipment and products.
    (b) Notice to Recipients of Assistance.--In providing financial 
assistance under this title (including any amendment made by this 
title), the head of each Federal agency shall provide to each recipient 
of the assistance a notice describing the statement made in subsection 
(a) by Congress.
    (c) Notice of Report.--Any entity which receives funds under this 
title shall report any expenditures on foreign-made items to Congress 
within 180 days of the expenditure.

                 TITLE V--LONG ISLAND SOUND RESTORATION

SEC. 501. SHORT TITLE.

    This title may be cited as the ``Long Island Sound Restoration 
Act''.

SEC. 502. NITROGEN CREDIT TRADING SYSTEM AND OTHER MEASURES.

    Section 119(c)(1) of the Federal Water Pollution Control Act (33 
U.S.C. 1269(c)(1)) is amended by inserting ``, including efforts to 
establish, within the process for granting watershed general permits, a 
system for trading nitrogen credits and any other measures that are 
cost-effective and consistent with the goals of the Plan'' before the 
semicolon at the end.

SEC. 503. ASSISTANCE FOR DISTRESSED COMMUNITIES.

    Section 119 of the Federal Water Pollution Control Act (33 U.S.C. 
1269) is amended--
            (1) by redesignating subsection (e) as subsection (f); and
            (2) by inserting after subsection (d) the following:
    ``(e) Assistance to Distressed Communities.--
            ``(1) Eligible communities.--
                    ``(A) States to determine criteria.--For the 
                purposes of this subsection, a distressed community is 
                any community that meets affordability criteria 
                established by the State in which the community is 
                located, if such criteria are developed after public 
                review and comment.
                    ``(B) Consideration of impact on water and sewer 
                rates.--In determining if a community is a distressed 
                community for the purposes of this subsection, the 
                State shall consider the extent to which the rate of 
                growth of a community's tax base has been historically 
                slow such that implementing the plan described in 
                subsection (c)(1) would result in a significant 
                increase in any water or sewer rate charged by the 
                community's publicly-owned wastewater treatment 
                facility.
                    ``(C) Information to assist states.--The 
                Administrator may publish information to assist States 
                in establishing affordability criteria under 
                subparagraph (A).
            ``(2) Revolving loan funds.--
                    ``(A) Loan subsidies.--Subject to subparagraph (B), 
                any State making a loan to a distressed community from 
                a revolving fund under title VI for the purpose of 
                assisting the implementation of the plan described in 
                subsection (c)(1) may provide additional subsidization 
                (including forgiveness of principal).
                    ``(B) Total amount of subsidies.--For each fiscal 
                year, the total amount of loan subsidies made by a 
                State under subparagraph (A) may not exceed 30 percent 
                of the amount of the capitalization grant received by 
                the State for the year.
            ``(3) Priority.--In making assistance available under this 
        section for the upgrading of wastewater treatment facilities, a 
        State may give priority to a distressed community.''.

SEC. 504. REAUTHORIZATION OF APPROPRIATIONS.

    Section 119(f) of the Federal Water Pollution Control Act (as 
redesignated by section 503 of this Act) is amended--
            (1) in paragraph (1) by striking ``1991 through 2001'' and 
        inserting ``2000 through 2003''; and
            (2) in paragraph (2) by striking ``not to exceed $3,000,000 
        for each of the fiscal years 1991 through 2001'' and inserting 
        ``not to exceed $80,000,000 for each of fiscal years 2000 
        through 2003''.

             TITLE VI--LAKE PONTCHARTRAIN BASIN RESTORATION

SEC. 601. SHORT TITLE.

    This title may be cited as the ``Lake Pontchartrain Basin 
Restoration Act of 2000''.

SEC. 602. NATIONAL ESTUARY PROGRAM.

    (a) Finding.--Congress finds that the Lake Ponchartrain Basin is an 
estuary of national significance.
    (b) Addition to National Estuary Program.--Section 320(a)(2)(B) of 
the Federal Water Pollution Control Act (33 U.S.C. 1330(a)(2)(B)) is 
further amended by inserting ``Lake Ponchartrain Basin, Louisiana and 
Mississippi;'' before ``and Peconic Bay, New York.''.

SEC. 603. LAKE PONTCHARTRAIN BASIN.

    Title I of the Federal Water Pollution Control Act (33 U.S.C. 1251 
et seq.) is further amended by adding at the end the following:

``SEC. 122. LAKE PONTCHARTRAIN BASIN.

    ``(a) Establishment of Restoration Program.--The Administrator 
shall establish within the Environmental Protection Agency the Lake 
Pontchartrain Basin Restoration Program.
    ``(b) Purpose.--The purpose of the program shall be to restore the 
ecological health of the Basin by developing and funding restoration 
projects and related scientific and public education projects.
    ``(c) Duties.--In carrying out the program, the Administrator 
shall--
            ``(1) provide administrative and technical assistance to a 
        management conference convened for the Basin under section 320;
            ``(2) assist and support the activities of the management 
        conference, including the implementation of recommendations of 
        the management conference;
            ``(3) support environmental monitoring of the Basin and 
        research to provide necessary technical and scientific 
        information;
            ``(4) develop a comprehensive research plan to address the 
        technical needs of the program;
            ``(5) coordinate the grant, research, and planning programs 
        authorized under this section; and
            ``(6) collect and make available to the public 
        publications, and other forms of information the management 
        conference determines to be appropriate, relating to the 
        environmental quality of the Basin.
    ``(d) Grants.--The Administrator may make grants--
            ``(1) for restoration projects and studies recommended by a 
        management conference convened for the Basin under section 320;
            ``(2) for public education projects recommended by the 
        management conference; and
            ``(3) for the inflow and infiltration project sponsored by 
        the New Orleans Sewerage and Water Board and Jefferson Parish, 
        Louisiana.
    ``(e) Definitions.--In this section, the following definitions 
apply:
            ``(1) Basin.--The term `Basin' means the Lake Pontchartrain 
        Basin, a 5,000 square mile watershed encompassing 16 parishes 
        in the State of Louisiana and four counties in the State of 
        Mississippi.
            ``(2) Program.--The term `program' means the Lake 
        Pontchartrain Basin Restoration Program established under 
        subsection (a).
    ``(f) Authorization of Appropriations.--
            ``(1) In general.--There is authorized to be appropriated--
                    ``(A) $100,000,000 for the inflow and infiltration 
                project sponsored by the New Orleans Sewerage and Water 
                Board and Jefferson Parish, Louisiana; and
                    ``(B) $5,000,000 for each of fiscal years 2001 
                through 2005 to carry out this section.
        Such sums shall remain available until expended.
            ``(2) Public education projects.--Not more that 15 percent 
        of the amount appropriated pursuant to paragraph (1)(B) in a 
        fiscal year may be expended on grants for public education 
        projects under subsection (d)(2).''.

SEC. 604. SENSE OF THE CONGRESS.

    It is the sense of the Congress that all recipients of grants 
pursuant to this title shall abide by the Buy American Act. The 
Administrator of the Environmental Protection Agency shall give notice 
of the Buy American Act requirements to grant applicants.

                  TITLE VII--ALTERNATIVE WATER SOURCES

SEC. 701. SHORT TITLE.

    This title may be cited as the ``Alternative Water Sources Act of 
2000''.

SEC. 702. GRANTS FOR ALTERNATIVE WATER SOURCE PROJECTS.

    Title II of the Federal Water Pollution Control Act (33 U.S.C. 1281 
et seq.) is amended by adding at the end the following:

``SEC. 220. GRANTS FOR ALTERNATIVE WATER SOURCE PROJECTS.

    ``(a) In General.--The Administrator may make grants to State, 
interstate, and intrastate water resource development agencies 
(including water management districts and water supply authorities), 
local government agencies, private utilities, and nonprofit entities 
for alternative water source projects to meet critical water supply 
needs.
    ``(b) Eligible Entity.--The Administrator may make grants under 
this section to an entity only if the entity has authority under State 
law to develop or provide water for municipal, industrial, and 
agricultural uses in an area of the State that is experiencing critical 
water supply needs.
    ``(c) Selection of Projects.--
            ``(1) Limitation.--A project that has received funds under 
        the reclamation and reuse program conducted under the 
        Reclamation Projects Authorization and Adjustment Act of 1992 
        (43 U.S.C. 390h et seq.) shall not be eligible for grant 
        assistance under this section.
            ``(2) Additional consideration.--In making grants under 
        this section, the Administrator shall consider whether the 
        project is located within the boundaries of a State or area 
        referred to in section 1 of the Reclamation Act of June 17, 
        1902 (32 Stat. 385), and within the geographic scope of the 
        reclamation and reuse program conducted under the Reclamation 
        Projects Authorization and Adjustment Act of 1992 (43 U.S.C. 
        390h et seq.).
    ``(d) Committee Resolution Procedure.--
            ``(1) In general.--No appropriation shall be made for any 
        alternative water source project under this section, the total 
        Federal cost of which exceeds $3,000,000, if such project has 
        not been approved by a resolution adopted by the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives or the Committee on Environment and Public 
        Works of the Senate.
            ``(2) Requirements for securing consideration.--For 
        purposes of securing consideration of approval under paragraph 
        (1), the Administrator shall provide to a committee referred to 
        in paragraph (1) such information as the committee requests and 
        the non-Federal sponsor shall provide to the committee 
        information on the costs and relative needs for the alternative 
        water source project.
    ``(e) Uses of Grants.--Amounts from grants received under this 
section may be used for engineering, design, construction, and final 
testing of alternative water source projects designed to meet critical 
water supply needs. Such amounts may not be used for planning, 
feasibility studies or for operation, maintenance, replacement, repair, 
or rehabilitation.
    ``(f) Cost Sharing.--The Federal share of the eligible costs of an 
alternative water source project carried out using assistance made 
available under this section shall not exceed 50 percent.
    ``(g) Reports.--
            ``(1) Reports to administrator.--Each recipient of a grant 
        under this section shall submit to the Administrator, not later 
        than 18 months after the date of receipt of the grant and 
        biennially thereafter until completion of the alternative water 
        source project funded by the grant, a report on eligible 
        activities carried out by the grant recipient using amounts 
        from the grant.
            ``(2) Report to congress.--On or before September 30, 2005, 
        the Administrator shall transmit to Congress a report on the 
        progress made toward meeting the critical water supply needs of 
        the grant recipients under this section.
    ``(h) Definitions.--In this section, the following definitions 
apply:
            ``(1) Alternative water source project.--The term 
        `alternative water source project' means a project designed to 
        provide municipal, industrial, and agricultural water supplies 
        in an environmentally sustainable manner by conserving, 
        managing, reclaiming, or reusing water or wastewater or by 
        treating wastewater.
            ``(2) Critical water supply needs.--The term `critical 
        water supply needs' means existing or reasonably anticipated 
        future water supply needs that cannot be met by existing water 
        supplies, as identified in a comprehensive statewide or 
        regional water supply plan or assessment projected over a 
        planning period of at least 20 years.
    ``(i) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $75,000,000 for each of fiscal 
years 2000 through 2004. Such sums shall remain available until 
expended.''.

SEC. 703. SENSE OF THE CONGRESS; REQUIREMENT REGARDING NOTICE.

    (a) Purchase of American-Made Equipment and Products.--In the case 
of any equipment or products that may be authorized to be purchased 
with financial assistance provided under this title (including any 
amendment made by this title), it is the sense of the Congress that 
entities receiving such assistance should, in expending the assistance, 
purchase only American-made equipment and products.
    (b) Notice to Recipients of Assistance.--In providing financial 
assistance under this title (including any amendment made by this 
title), the head of each Federal agency shall provide to each recipient 
of the assistance a notice describing the statement made in subsection 
(a) by Congress.
    (c) Notice of Report.--Any entity which receives funds under this 
title shall report any expenditures on foreign-made items to Congress 
within 180 days of the expenditure.

                        TITLE VIII--CLEAN LAKES

SEC. 801. GRANTS TO STATES.

    Section 314(c)(2) of the Federal Water Pollution Control Act (33 
U.S.C. 1324(c)(2)) is amended by striking ``$50,000,000'' the first 
place it appears and all that follows through ``1990'' and inserting 
``$50,000,000 for each of fiscal years 2001 through 2005''.

SEC. 802. DEMONSTRATION PROGRAM.

    Section 314(d) of the Federal Water Pollution Control Act (33 
U.S.C. 1324(d)) is amended--
            (1) in paragraph (2) by inserting ``Otsego Lake, New York; 
        Oneida Lake, New York; Raystown Lake, Pennsylvania; Swan Lake, 
        Itasca County, Minnesota;'' after ``Sauk Lake, Minnesota;'';
            (2) in paragraph (3) by striking ``By'' and inserting 
        ``Notwithstanding section 3003 of the Federal Reports 
        Elimination and Sunset Act of 1995 (31 U.S.C. 1113 note; 109 
        Stat. 734-736), by''; and
            (3) in paragraph (4)(B)(i) by striking ``$15,000,000'' and 
        inserting ``$25,000,000''.

SEC. 803. SENSE OF THE CONGRESS; REQUIREMENT REGARDING NOTICE.

    (a) Purchase of American-Made Equipment and Products.--In the case 
of any equipment or products that may be authorized to be purchased 
with financial assistance provided under this title (including any 
amendment made by this title), it is the sense of the Congress that 
entities receiving such assistance should, in expending the assistance, 
purchase only American-made equipment and products.
    (b) Notice to Recipients of Assistance.--In providing financial 
assistance under this title (including any amendment made by this 
title), the head of each Federal agency shall provide to each recipient 
of the assistance a notice describing the statement made in subsection 
(a) by Congress.
    (c) Notice of Report.--Any entity which receives funds under this 
title shall report any expenditures on foreign-made items to Congress 
within 180 days of expenditure.

                TITLE IX--MISSISSIPPI SOUND RESTORATION

SEC. 901. SHORT TITLE.

    This title may be cited as the ``Mississippi Sound Restoration Act 
of 2000''.

SEC. 902. NATIONAL ESTUARY PROGRAM.

    (a) Finding.--Congress finds that the Mississippi Sound is an 
estuary of national significance.
    (b) Addition to National Estuary Program.--Section 320(a)(2)(B) of 
the Federal Water Pollution Control Act (33 U.S.C. 1330(a)(2)(B)) is 
further amended by inserting ``Mississippi Sound, Mississippi;'' before 
``and Peconic Bay, New York.''.

SEC. 903. MISSISSIPPI SOUND.

    Title I of the Federal Water Pollution Control Act (33 U.S.C. 1251 
et seq.) is further amended by adding at the end the following:

``SEC. 123. MISSISSIPPI SOUND.

    ``(a) Establishment of Restoration Program.--The Administrator 
shall establish within the Environmental Protection Agency the 
Mississippi Sound Restoration Program.
    ``(b) Purpose.--The purpose of the program shall be to restore the 
ecological health of the Sound, including barrier islands, coastal 
wetlands, keys, and reefs, by developing and funding restoration 
projects and related scientific and public education projects and by 
coordinating efforts among Federal, State, and local governmental 
agencies and nonregulatory organizations.
    ``(c) Duties.--In carrying out the program, the Administrator 
shall--
            ``(1) provide administrative and technical assistance to a 
        management conference convened for the Sound under section 320;
            ``(2) assist and support the activities of the management 
        conference, including the implementation of recommendations of 
        the management conference;
            ``(3) support environmental monitoring of the Sound and 
        research to provide necessary technical and scientific 
        information;
            ``(4) develop a comprehensive research plan to address the 
        technical needs of the program;
            ``(5) coordinate the grant, research, and planning programs 
        authorized under this section; and
            ``(6) collect and make available to the public 
        publications, and other forms of information the management 
        conference determines to be appropriate, relating to the 
        environmental quality of the Sound.
    ``(d) Grants.--The Administrator may make grants--
            ``(1) for restoration projects and studies recommended by a 
        management conference convened for the Sound under section 320; 
        and
            ``(2) for public education projects recommended by the 
        management conference.
    ``(e) Definitions.--In this section, the following definitions 
apply:
            ``(1) Sound.--The term `Sound' means the Mississippi Sound 
        located on the Gulf Coast of the State of Mississippi.
            ``(2) Program.--The term `program' means the Mississippi 
        Sound Restoration Program established under subsection (a).
    ``(f) Authorization of Appropriations.--There is authorized to be 
appropriated $10,000,000 to carry out this section. Such sums shall 
remain available until expended.''.

SEC. 904. SENSE OF THE CONGRESS.

    It is the sense of the Congress that all recipients of grants under 
this title (including amendments made by this title) shall abide by the 
Buy American Act. The Administrator of the Environmental Protection 
Agency shall give notice of the Buy American Act requirements to grant 
applicants under this title.

        TITLE X--TIJUANA RIVER VALLEY ESTUARY AND BEACH CLEANUP

SEC. 1001. SHORT TITLE.

    This title may be cited as the ``Tijuana River Valley Estuary and 
Beach Sewage Cleanup Act of 2000''.

SEC. 1002. PURPOSE.

    The purpose of this title is to authorize the United States to take 
actions to address comprehensively the treatment of sewage emanating 
from the Tijuana River area, Mexico, that flows untreated or partially 
treated into the United States causing significant adverse public 
health and environmental impacts.

SEC. 1003. DEFINITIONS.

    In this title, the following definitions apply:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.
            (2) Commission.--The term ``Commission'' means the United 
        States section of the International Boundary and Water 
        Commission, United States and Mexico.
            (3) IWTP.--The term ``IWTP'' means the South Bay 
        International Wastewater Treatment Plant constructed under the 
        provisions of the Federal Water Pollution Control Act (33 
        U.S.C. 1251 et seq.), section 510 of the Water Quality Act of 
        1987 (101 Stat. 80-82), and Treaty Minutes to the Treaty for 
        the Utilization of Waters of the Colorado and Tijuana Rivers 
        and of the Rio Grande, dated February 3, 1944.
            (4) Secondary treatment.--The term ``secondary treatment'' 
        has the meaning such term has under the Federal Water Pollution 
        Control Act and its implementing regulations.
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of State.
            (6) Mexican facility.--The term ``Mexican facility'' means 
        a proposed public-private wastewater treatment facility to be 
        constructed and operated under this title within Mexico for the 
        purpose of treating sewage flows generated within Mexico, which 
        flows impact the surface waters, health, and safety of the 
        United States and Mexico.
            (7) MGD.--The term ``mgd'' means million gallons per day.

 SEC. 1004. ACTIONS TO BE TAKEN BY THE COMMISSION AND THE 
              ADMINISTRATOR.

    (a) Secondary Treatment.--
            (1) In general.--Subject to the negotiation and conclusion 
        of a new Treaty Minute or the amendment of Treaty Minute 283 
        under section 1005 of this Act, and notwithstanding section 
        510(b)(2) of the Water Quality Act of 1987 (101 Stat. 81), the 
        Commission is authorized and directed to provide for the 
        secondary treatment of a total of not more than 50 mgd in 
        Mexico--
                    (A) of effluent from the IWTP if such treatment is 
                not provided for at a facility in the United States; 
                and
                    (B) of additional sewage emanating from the Tijuana 
                River area, Mexico.
            (2) Additional authority.--Subject to the results of the 
        comprehensive plan developed under subsection (b) revealing a 
        need for additional secondary treatment capacity in the San 
        Diego-Tijuana border region and recommending the provision of 
        such capacity in Mexico, the Commission may provide not more 
        than an additional 25 mgd of secondary treatment capacity in 
        Mexico for treatment described in paragraph (1).
    (b) Comprehensive Plan.--Not later than 24 months after the date of 
the enactment of this Act, the Administrator shall develop a 
comprehensive plan with stakeholder involvement to address the 
transborder sanitation problems in the San Diego-Tijuana border region. 
The plan shall include, at a minimum--
            (1) an analysis of the long-term secondary treatment needs 
        of the region;
            (2) an analysis of upgrades in the sewage collection system 
        serving the Tijuana area, Mexico; and
            (3) an identification of options, and recommendations for 
        preferred options, for additional sewage treatment capacity for 
        future flows emanating from the Tijuana River area, Mexico.
    (c) Contract.--
            (1) In general.--Subject to the availability of 
        appropriations to carry out this subsection and notwithstanding 
        any provision of Federal procurement law, upon conclusion of a 
        new Treaty Minute or the amendment of Treaty Minute 283 under 
        section 5, the Commission may enter into a fee-for-services 
        contract with the owner of a Mexican facility in order to carry 
        out the secondary treatment requirements of subsection (a) and 
        make payments under such contract.
            (2) Terms.--Any contract under this subsection shall 
        provide, at a minimum, for the following:
                    (A) Transportation of the advanced primary effluent 
                from the IWTP to the Mexican facility for secondary 
                treatment.
                    (B) Treatment of the advanced primary effluent from 
                the IWTP to the secondary treatment level in compliance 
                with water quality laws of the United States, 
                California, and Mexico.
                    (C) Return conveyance from the Mexican facility of 
                any such treated effluent that cannot be reused in 
                either Mexico or the United States to the South Bay 
                Ocean Outfall for discharge into the Pacific Ocean in 
                compliance with water quality laws of the United States 
                and California.
                    (D) Subject to the requirements of subsection (a), 
                additional sewage treatment capacity that provides for 
                advanced primary and secondary treatment of sewage 
                described in subsection (a)(1)(B) in addition to the 
                capacity required to treat the advanced primary 
                effluent from the IWTP.
                    (E) A contract term of 30 years.
                    (F) Arrangements for monitoring, verification, and 
                enforcement of compliance with United States, 
                California, and Mexican water quality standards.
                    (G) Arrangements for the disposal and use of 
                sludge, produced from the IWTP and the Mexican 
                facility, at a location or locations in Mexico.
                    (H) Payment of fees by the Commission to the owner 
                of the Mexican facility for sewage treatment services 
                with the annual amount payable to reflect all agreed 
                upon costs associated with the development, financing, 
                construction, operation, and maintenance of the Mexican 
                facility.
                    (I) Provision for the transfer of ownership of the 
                Mexican facility to the United States, and provision 
                for a cancellation fee by the United States to the 
                owner of the Mexican facility, if the Commission fails 
                to perform its obligations under the contract. The 
                cancellation fee shall be in amounts declining over the 
                term of the contract anticipated to be sufficient to 
                repay construction debt and other amounts due to the 
                owner that remain unamortized due to early termination 
                of the contract.
                    (J) Provision for the transfer of ownership of the 
                Mexican facility to the United States, without a 
                cancellation fee, if the owner of the Mexican facility 
                fails to perform the obligations of the owner under the 
                contract.
                    (K) To the extent practicable, the use of 
                competitive procedures by the owner of the Mexican 
                facility in the procurement of property or services for 
                the engineering, construction, and operation and 
                maintenance of the Mexican facility.
                    (L) An opportunity for the Commission to review and 
                approve the selection of contractors providing 
                engineering, construction, and operation and 
                maintenance for the Mexican facility.
                    (M) The maintenance by the owner of the Mexican 
                facility of all records (including books, documents, 
                papers, reports, and other materials) necessary to 
                demonstrate compliance with the terms of this Act and 
                the contract.
                    (N) Access by the Inspector General of the 
                Department of State or the designee of the Inspector 
                General for audit and examination of all records 
                maintained pursuant to subparagraph (M) to facilitate 
                the monitoring and evaluation required under subsection 
                (d).
            (3) Limitation.--The Contract Disputes Act of 1978 (41 
        U.S.C. 601-613) shall not apply to a contract executed under 
        this section.
    (d) Implementation.--
            (1) In general.--The Inspector General of the Department of 
        State shall monitor the implementation of any contract entered 
        into under this section and evaluate the extent to which the 
        owner of the Mexican facility has met the terms of this section 
        and fulfilled the terms of the contract.
            (2) Report.--The Inspector General shall transmit to 
        Congress a report containing the evaluation under paragraph (1) 
        not later than 2 years after the execution of any contract with 
        the owner of the Mexican facility under this section, 3 years 
        thereafter, and periodically after the second report under this 
        paragraph.

SEC. 1005. NEGOTIATION OF NEW TREATY MINUTE.

    (a) Congressional Statement.--In light of the existing threat to 
the environment and to public health and safety within the United 
States as a result of the river and ocean pollution in the San Diego-
Tijuana border region, the Secretary is requested to give the highest 
priority to the negotiation and execution of a new Treaty Minute, or a 
modification of Treaty Minute 283, consistent with the provisions of 
this title, in order that the other provisions of this title to address 
such pollution may be implemented as soon as possible.
    (b) Negotiation.--
            (1) Initiation.--The Secretary is requested to initiate 
        negotiations with Mexico, within 60 days after the date of the 
        enactment of this Act, for a new Treaty Minute or a 
        modification of Treaty Minute 283 consistent with the 
        provisions of this title.
            (2) Implementation.--Implementation of a new Treaty Minute 
        or of a modification of Treaty Minute 283 under this title 
        shall be subject to the provisions of the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
            (3) Matters to be addressed.--A new Treaty Minute or a 
        modification of Treaty Minute 283 under paragraph (1) should 
        address, at a minimum, the following:
                    (A) The siting of treatment facilities in Mexico 
                and in the United States.
                    (B) Provision for the secondary treatment of 
                effluent from the IWTP at a Mexican facility if such 
                treatment is not provided for at a facility in the 
                United States.
                    (C) Provision for additional capacity for advanced 
                primary and secondary treatment of additional sewage 
                emanating from the Tijuana River area, Mexico, in 
                addition to the treatment capacity for the advanced 
                primary effluent from the IWTP at the Mexican facility.
                    (D) Provision for any and all approvals from 
                Mexican authorities necessary to facilitate water 
                quality verification and enforcement at the Mexican 
                facility.
                    (E) Any terms and conditions considered necessary 
                to allow for use in the United States of treated 
                effluent from the Mexican facility, if there is 
                reclaimed water which is surplus to the needs of users 
                in Mexico and such use is consistent with applicable 
                United States and California law.
                    (F) Any other terms and conditions considered 
                necessary by the Secretary in order to implement the 
                provisions of this title.

SEC. 1006. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as may be 
necessary to carry out this title.
            Attest:

                                                                          Clerk.
106th CONGRESS

  2d Session

                                 S. 835

_______________________________________________________________________

                               AMENDMENT