[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 835 Reported in Senate (RS)]

                                                       Calendar No. 323

106th CONGRESS

  1st Session

                                 S. 835

                          [Report No. 106-189]

_______________________________________________________________________

                                 A BILL

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.

_______________________________________________________________________

                            October 14, 1999

                       Reported with an amendment





                                                       Calendar No. 323
106th CONGRESS
  1st Session
                                 S. 835

                          [Report No. 106-189]

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.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 20, 1999

 Mr. Chafee (for himself, Mr. Breaux, Mr. Akaka, Mrs. Boxer, Mr. Dodd, 
 Mr. Edwards, Mrs. Feinstein, Mr. Graham, Mr. Kerry, Ms. Landrieu, Mr. 
  Lautenberg, Mr. Lieberman, Mr. Mack, Mr. Moynihan, Mrs. Murray, Mr. 
 Reed, Mr. Robb, Mr. Sarbanes, Mr. Warner, Mr. Schumer, Mr. Wyden, and 
 Ms. Mikulski) introduced the following bill; which was read twice and 
       referred to the Committee on Environment and Public Works

                            October 14, 1999

               Reported by Mr. Chafee, with an amendment
                  [Insert the part printed in italic]

_______________________________________________________________________

                                 A BILL


 
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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Estuary Habitat Restoration 
Partnership Act of 1999''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) estuaries provide some of the most ecologically and 
        economically productive habitat for an extensive variety of 
        plants, fish, wildlife, and waterfowl;
            (2) the estuaries and coastal regions of the United States 
        are home to one-half the population of the United States and 
        provide essential habitat for 75 percent of the Nation's 
        commercial fish catch and 80 to 90 percent of its recreational 
        fish catch;
            (3) estuaries are gravely threatened by habitat alteration 
        and loss from pollution, development, and overuse;
            (4) successful restoration of estuaries demands the 
        coordination of Federal, State, and local estuary habitat 
        restoration programs; and
            (5) the Federal, State, local, and private cooperation in 
        estuary habitat restoration activities in existence on the date 
        of enactment of this Act should be strengthened and new public 
        and public-private estuary habitat restoration partnerships 
        established.

SEC. 3. PURPOSES.

    The purposes of this Act are--
            (1) to establish a voluntary program to restore 1,000,000 
        acres of estuary habitat by 2010;
            (2) to ensure coordination of Federal, State, and community 
        estuary habitat restoration programs, plans, and studies;
            (3) to establish effective estuary habitat restoration 
        partnerships among public agencies at all levels of government 
        and between the public and private sectors;
            (4) to promote efficient financing of estuary habitat 
        restoration activities; and
            (5) to develop and enhance monitoring and research 
        capabilities to ensure that restoration efforts are based on 
        sound scientific understanding.

SEC. 4. DEFINITIONS.

    In this Act:
            (1) Collaborative council.--The term ``Collaborative 
        Council'' means the interagency council established by section 
        5.
            (2) Degraded estuary habitat.--The term ``degraded estuary 
        habitat'' means estuary habitat where natural ecological 
        functions have been impaired and normal beneficial uses have 
        been reduced.
            (3) Estuary.--The term ``estuary'' means--
                    (A) a body of water in which fresh water from a 
                river or stream meets and mixes with salt water from 
                the ocean, including the area located in the Great 
                Lakes Biogeographic Region and designated as a National 
                Estuarine Research Reserve under the Coastal Zone 
                Management Act of 1972 (16 U.S.C. 1451 et seq.) as of 
                the date of enactment of this Act; and
                    (B) the physical, biological, and chemical elements 
                associated with such a body of water.
            (4) Estuary habitat.--
                    (A) In general.--The term ``estuary habitat'' means 
                the complex of physical and hydrologic features and 
                living organisms within estuaries and associated 
                ecosystems.
                    (B) Inclusions.--The term ``estuary habitat'' 
                includes salt and fresh water coastal marshes, coastal 
                forested wetlands and other coastal wetlands, maritime 
                forests, coastal grasslands, tidal flats, natural 
                shoreline areas, shellfish beds, sea grass meadows, 
                kelp beds, river deltas, and river and stream banks 
                under tidal influence.
            (5) Estuary habitat restoration activity.--
                    (A) In general.--The term ``estuary habitat 
                restoration activity'' means an activity that results 
                in improving degraded estuary habitat (including both 
                physical and functional restoration), with the goal of 
                attaining a self-sustaining system integrated into the 
                surrounding landscape.
                    (B) Included activities.--The term ``estuary 
                habitat restoration activity'' includes--
                            (i) the reestablishment of physical 
                        features and biological and hydrologic 
                        functions;
                            (ii) except as provided in subparagraph 
                        (C)(ii), the cleanup of contamination related 
                        to the restoration of estuary habitat;
                            (iii) the control of non-native and 
                        invasive species;
                            (iv) the reintroduction of native species 
                        through planting or natural succession; and
                            (v) other activities that improve estuary 
                        habitat.
                    (C) Excluded activities.--The term ``estuary 
                habitat restoration activity'' does not include--
                            (i) an act that constitutes mitigation for 
                        the adverse effects of an activity regulated or 
                        otherwise governed by Federal or State law; or
                            (ii) an act that constitutes restitution 
                        for natural resource damages required under any 
                        Federal or State law.
            (6) Estuary habitat restoration project.--The term 
        ``estuary habitat restoration project'' means an estuary 
        habitat restoration activity under consideration or selected by 
        the Collaborative Council, in accordance with this Act, to 
        receive financial, technical, or another form of assistance.
            (7) Estuary habitat restoration strategy.--The term 
        ``estuary habitat restoration strategy'' means the estuary 
        habitat restoration strategy developed under section 6(a).
            (8) Federal estuary management or habitat restoration 
        plan.--The term ``Federal estuary management or habitat 
        restoration plan'' means any Federal plan for restoration of 
        degraded estuary habitat that--
                    (A) was developed by a public body with the 
                substantial participation of appropriate public and 
                private stakeholders; and
                    (B) reflects a community-based planning process.
            (9) Secretary.--The term ``Secretary'' means the Secretary 
        of the Army, or a designee.
            (10) Under secretary.--The term ``Under Secretary'' means 
        the Under Secretary for Oceans and Atmosphere of the Department 
        of Commerce, or a designee.

SEC. 5. ESTABLISHMENT OF COLLABORATIVE COUNCIL.

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

SEC. 6. DUTIES OF COLLABORATIVE COUNCIL.

    (a) Estuary Habitat Restoration Strategy.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, the Collaborative Council, in 
        consultation with non-Federal participants, including nonprofit 
        sectors, as appropriate, shall develop an estuary habitat 
        restoration strategy designed to ensure a comprehensive 
        approach to the selection and prioritization of estuary habitat 
        restoration projects and the coordination of Federal and non-
        Federal activities related to restoration of estuary habitat.
            (2) Integration of previously authorized estuary habitat 
        restoration plans, programs, and partnerships.--In developing 
        the estuary habitat restoration strategy, the Collaborative 
        Council shall--
                    (A) conduct a review of--
                            (i) Federal estuary management or habitat 
                        restoration plans; and
                            (ii) Federal programs established under 
                        other law that provide funding for estuary 
                        habitat restoration activities;
                    (B) develop a set of proposals for--
                            (i) using programs established under this 
                        or any other Act to maximize the incentives for 
                        the creation of new public-private partnerships 
                        to carry out estuary habitat restoration 
                        projects; and
                            (ii) using Federal resources to encourage 
                        increased private sector involvement in estuary 
                        habitat restoration activities; and
                    (C) ensure that the estuary habitat restoration 
                strategy is developed and will be implemented in a 
                manner that is consistent with the findings and 
                requirements of Federal estuary management or habitat 
                restoration plans.
            (3) Elements to be considered.--Consistent with the 
        requirements of this section, the Collaborative Council, in the 
        development of the estuary habitat restoration strategy, shall 
        consider--
                    (A) the contributions of estuary habitat to--
                            (i) wildlife, including endangered and 
                        threatened species, migratory birds, and 
                        resident species of an estuary watershed;
                            (ii) fish and shellfish, including 
                        commercial and sport fisheries;
                            (iii) surface and ground water quality and 
                        quantity, and flood control;
                            (iv) outdoor recreation; and
                            (v) other areas of concern that the 
                        Collaborative Council determines to be 
                        appropriate for consideration;
                    (B) the estimated historic losses, estimated 
                current rate of loss, and extent of the threat of 
                future loss or degradation of each type of estuary 
                habitat; and
                    (C) the most appropriate method for selecting a 
                balance of smaller and larger estuary habitat 
                restoration projects.
            (4) Advice.--The Collaborative Council shall seek advice in 
        restoration of estuary habitat from experts in the private and 
        nonprofit sectors to assist in the development of an estuary 
        habitat restoration strategy.
            (5) Public review and comment.--Before adopting a final 
        estuary habitat restoration strategy, the Collaborative Council 
        shall publish in the Federal Register a draft of the estuary 
        habitat restoration strategy and provide an opportunity for 
        public review and comment.
    (b) Project Applications.--
            (1) In general.--An application for an estuary habitat 
        restoration project shall originate from a non-Federal 
        organization and shall require, when appropriate, the approval 
        of State or local agencies.
            (2) Factors to be taken into account.--In determining the 
        eligibility of an estuary habitat restoration project for 
        financial assistance under this Act, the Collaborative Council 
        shall consider the following:
                    (A) Whether the proposed estuary habitat 
                restoration project meets the criteria specified in the 
                estuary habitat restoration strategy.
                    (B) The technical merit and feasibility of the 
                proposed estuary habitat restoration project.
                    (C) Whether the non-Federal persons proposing the 
                estuary habitat restoration project provide 
                satisfactory assurances that they will have adequate 
                personnel, funding, and authority to carry out and 
                properly maintain the estuary habitat restoration 
                project.
                    (D) Whether, in the State in which a proposed 
                estuary habitat restoration project is to be carried 
                out, there is a State dedicated source of funding for 
                programs to acquire or restore estuary habitat, natural 
                areas, and open spaces.
                    (E) Whether the proposed estuary habitat 
                restoration project will encourage the increased 
                coordination and cooperation of Federal, State, and 
                local government agencies.
                    (F) The amount of private funds or in-kind 
                contributions for the estuary habitat restoration 
                project.
                    (G) Whether the proposed habitat restoration 
                project includes a monitoring plan to ensure that 
                short-term and long-term restoration goals are 
                achieved.
                    (H) Other factors that the Collaborative Council 
                determines to be reasonable and necessary for 
                consideration.
            (3) Priority estuary habitat restoration projects.--An 
        estuary habitat restoration project shall be given a higher 
        priority in receipt of funding under this Act if, in addition 
        to meeting the selection criteria specified in this section--
                    (A) the estuary habitat restoration project is part 
                of an approved Federal estuary management or habitat 
                restoration plan;
                    (B) the non-Federal share with respect to the 
                estuary habitat restoration project exceeds 50 percent; 
                or
                    (C) there is a program within the watershed of the 
                estuary habitat restoration project that addresses 
                sources of water pollution that would otherwise re-
                impair the restored habitat.
    (c) Interim Actions.--
            (1) In general.--Pending completion of the estuary habitat 
        restoration strategy developed under subsection (a), the 
        Collaborative Council may pay the Federal share of the cost of 
        an interim action to carry out an estuary habitat restoration 
        activity.
            (2) Federal share.--The Federal share shall not exceed 25 
        percent.
    (d) Cooperation of Non-Federal Partners.--
            (1) In general.--The Collaborative Council shall not select 
        an estuary habitat restoration project until a non-Federal 
        interest has entered into a written agreement with the 
        Secretary in which it agrees to provide the required non-
        Federal cooperation for the project.
            (2) Nonprofit entities.--Notwithstanding section 221 of the 
        Flood Control Act of 1970 (42 U.S.C. 1962d-5b(b)), for any 
        project undertaken under this section, the Secretary may, after 
        coordination with the official responsible for the political 
        jurisdiction in which a project would occur, allow a nonprofit 
        entity to serve as the non-Federal interest.
            (3) Maintenance and monitoring.--A cooperation agreement 
        entered into under paragraph (1) shall provide for maintenance 
        and monitoring of the estuary habitat restoration project to 
        the extent determined necessary by the Collaborative Council.
    (e) Lead Collaborative Council Member.--The Collaborative Council 
shall designate a lead Collaborative Council member for each proposed 
estuary habitat restoration project. The lead Collaborative Council 
member shall have primary responsibility for overseeing and assisting 
others in implementing the proposed project.
    (f) Agency Consultation and Coordination.--In carrying out this 
section, the Collaborative Council shall, as the Collaborative Council 
determines it to be necessary, consult with, cooperate with, and 
coordinate its activities with the activities of other appropriate 
Federal agencies.
    (g) Benefits and Costs of Estuary Habitat Restoration Projects.--
The Collaborative Council shall evaluate the benefits and costs of 
estuary habitat restoration projects in accordance with section 907 of 
the Water Resources Development Act of 1986 (33 U.S.C. 2284).
    (h) Authorization of Appropriations.--There is authorized to be 
appropriated to the Department of the Army for the administration and 
operation of the Collaborative Council $4,000,000 for each of fiscal 
years 2000 through 2004.

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

    (a) In General.--No financial assistance in carrying out an estuary 
habitat restoration project shall be available under this Act from any 
Federal agency unless the non-Federal applicant for assistance 
demonstrates that the estuary habitat restoration project meets--
            (1) the requirements of this Act; and
            (2) any criteria established by the Collaborative Council 
        under this Act.
    (b) Federal Share.--The Federal share of the cost of an estuary 
habitat restoration and protection project assisted under this Act 
shall be not more than 65 percent.
    (c) Non-Federal Share.--The non-Federal share of the cost of an 
estuary habitat restoration project may be provided in the form of 
land, easements, rights-of-way, services, or any other form of in-kind 
contribution determined by the Collaborative Council to be an 
appropriate contribution equivalent to the monetary amount required for 
the non-Federal share of the estuary habitat restoration project.
    (d) Allocation of Funds by States to Political Subdivisions.--With 
the approval of the Secretary, a State may allocate to any local 
government, area-wide agency designated under section 204 of the 
Demonstration Cities and Metropolitan Development Act of 1966 (42 
U.S.C. 3334), regional agency, or interstate agency, a portion of any 
funds disbursed in accordance with this Act for the purpose of carrying 
out an estuary habitat restoration project.

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

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

SEC. 9. COOPERATIVE AGREEMENTS; MEMORANDA OF UNDERSTANDING.

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

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

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

SEC. 11. AUTHORIZATION OF APPROPRIATIONS.

    (a) Authorization of Appropriations Under Other Law.--Funds 
authorized to be appropriated under section 908 of the Water Resources 
Development Act of 1986 (33 U.S.C. 2285) and section 206 of the Water 
Resources Development Act of 1996 (33 U.S.C. 2330) may be used by the 
Secretary in accordance with this Act to assist States and other non-
Federal persons in carrying out estuary habitat restoration projects or 
interim actions under section 6(c).
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary to carry out estuary habitat restoration 
activities--
            (1) $40,000,000 for fiscal year 2000;
            (2) $50,000,000 for fiscal year 2001; and
            (3) $75,000,000 for each of fiscal years 2002 through 2004.

SEC. 12. NATIONAL ESTUARY PROGRAM.

    (a) Grants for Comprehensive Conservation and Management Plans.--
Section 320(g)(2) of the Federal Water Pollution Control Act (33 U.S.C. 
1330(g)(2)) is amended by inserting ``and implementation'' after 
``development''.
    (b) Authorization of Appropriations.--Section 320(i) of the Federal 
Water Pollution Control Act (33 U.S.C. 1330(i)) is amended by striking 
``1987'' and all that follows through ``1991'' and inserting the 
following: ``1987 through 1991, such sums as may be necessary for 
fiscal years 1992 through 1999, and $25,000,000 for each of fiscal 
years 2000 and 2001''.

SEC. 13. GENERAL PROVISIONS.

    (a) Additional Authority for Army Corps of Engineers.--The 
Secretary--
            (1) may carry out estuary habitat restoration projects in 
        accordance with this Act; and
            (2) shall give estuary habitat restoration projects the 
        same consideration as projects relating to irrigation, 
        navigation, or flood control.
    (b) Inapplicability of Certain Law.--Sections 203, 204, and 205 of 
the Water Resources Development Act of 1986 (33 U.S.C. 2231, 2232, 
2233) shall not apply to an estuary habitat restoration project 
selected in accordance with this Act.
    (c) Estuary Habitat Restoration Mission.--The Secretary shall 
establish restoration of estuary habitat as a primary mission of the 
Army Corps of Engineers.
    (d) Federal Agency Facilities and Personnel.--
            (1) In general.--Federal agencies may cooperate in carrying 
        out scientific and other programs necessary to carry out this 
        Act, and may provide facilities and personnel, for the purpose 
        of assisting the Collaborative Council in carrying out its 
        duties under this Act.
            (2) Reimbursement from collaborative council.--Federal 
        agencies may accept reimbursement from the Collaborative 
        Council for providing services, facilities, and personnel under 
        paragraph (1).
    (e) Administrative Expenses and Staffing.--Not later than 180 days 
after the date of enactment of this Act, the Comptroller General of the 
United States shall submit to Congress and the Secretary an analysis of 
the extent to which the Collaborative Council needs additional 
personnel and administrative resources to fully carry out its duties 
under this Act. The analysis shall include recommendations regarding 
necessary additional funding.