[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4715 Reported in Senate (RS)]

                                                       Calendar No. 569
111th CONGRESS
  2d Session
                                H. R. 4715

                          [Report No. 111-293]


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 19, 2010

 Received; read twice and referred to the Committee on Environment and 
                              Public Works

                           September 16, 2010

               Reported by Mrs. Boxer, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 AN ACT


 
  To amend the Federal Water Pollution Control Act to reauthorize the 
           National Estuary Program, and for other purposes.

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

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Clean Estuaries Act of 
2010''.</DELETED>

<DELETED>SEC. 2. NATIONAL ESTUARY PROGRAM AMENDMENTS.</DELETED>

<DELETED>    (a) Purposes of Conference.--</DELETED>
        <DELETED>    (1) Development of comprehensive conservation and 
        management plans.--Section 320(b)(4) of the Federal Water 
        Pollution Control Act (33 U.S.C. 1330(b)(4)) is amended to read 
        as follows:</DELETED>
        <DELETED>    ``(4) develop and submit to the Administrator a 
        comprehensive conservation and management plan that--</DELETED>
                <DELETED>    ``(A) identifies the estuary and its 
                associated upstream waters to be addressed by the plan, 
                with consideration given to hydrological 
                boundaries;</DELETED>
                <DELETED>    ``(B) recommends priority corrective 
                actions and compliance schedules addressing point and 
                nonpoint sources of pollution to restore and maintain 
                the chemical, physical, and biological integrity of the 
                estuary, including restoration and maintenance of water 
                quality, a resilient and diverse indigenous population 
                of shellfish, fish, and wildlife, and recreational 
                activities in the estuary, and assure that the 
                designated uses of the estuary are protected;</DELETED>
                <DELETED>    ``(C) considers current and future 
                sustainable commercial activities in the 
                estuary;</DELETED>
                <DELETED>    ``(D) addresses the impacts of climate 
                change on the estuary, including--</DELETED>
                        <DELETED>    ``(i) the identification and 
                        assessment of vulnerabilities in the 
                        estuary;</DELETED>
                        <DELETED>    ``(ii) the development and 
                        implementation of adaptation strategies; 
                        and</DELETED>
                        <DELETED>    ``(iii) the impacts of changes in 
                        sea level on estuarine water quality, estuarine 
                        habitat, and infrastructure located in the 
                        estuary;</DELETED>
                <DELETED>    ``(E) increases public education and 
                awareness with respect to--</DELETED>
                        <DELETED>    ``(i) the ecological health of the 
                        estuary;</DELETED>
                        <DELETED>    ``(ii) the water quality 
                        conditions of the estuary; and</DELETED>
                        <DELETED>    ``(iii) ocean, estuarine, land, 
                        and atmospheric connections and 
                        interactions;</DELETED>
                <DELETED>    ``(F) identifies and assesses impairments, 
                including upstream impairments, coming from outside of 
                the area addressed by the plan, and the sources of 
                those impairments;</DELETED>
                <DELETED>    ``(G) includes performance measures and 
                goals to track implementation of the plan; 
                and</DELETED>
                <DELETED>    ``(H) includes a coordinated monitoring 
                strategy for Federal, State, and local governments and 
                other entities.''.</DELETED>
        <DELETED>    (2) Monitoring and making results available.--
        Section 320(b)(6) of such Act (33 U.S.C. 1330(b)(6)) is amended 
        to read as follows:</DELETED>
        <DELETED>    ``(6) monitor (and make results available to the 
        public regarding)--</DELETED>
                <DELETED>    ``(A) water quality conditions in the 
                estuary and its associated upstream waters, as 
                identified under paragraph (4)(A);</DELETED>
                <DELETED>    ``(B) habitat conditions that relate to 
                the ecological health and water quality conditions of 
                the estuary; and</DELETED>
                <DELETED>    ``(C) the effectiveness of actions taken 
                pursuant to the comprehensive conservation and 
                management plan developed for the estuary under this 
                subsection;''.</DELETED>
        <DELETED>    (3) Information and educational activities.--
        Section 320(b) of such Act (33 U.S.C. 1330(b)) is amended--
        </DELETED>
                <DELETED>    (A) by redesignating paragraph (7) as 
                paragraph (8); and</DELETED>
                <DELETED>    (B) by inserting after paragraph (6) the 
                following:</DELETED>
        <DELETED>    ``(7) provide information and educational 
        activities on the ecological health and water quality 
        conditions of the estuary; and''.</DELETED>
        <DELETED>    (4) Conforming amendment.--The sentence following 
        section 320(b)(8) of such Act (as so redesignated) is amended 
        by striking ``paragraph (7)'' and inserting ``paragraph 
        (8)''.</DELETED>
<DELETED>    (b) Members of Conference; Collaborative Processes.--
</DELETED>
        <DELETED>    (1) Members of conference.--Section 320(c)(5) of 
        such Act (33 U.S.C. 1330(c)(5)) is amended by inserting after 
        ``institutions,'' the following: ``not-for-profit 
        organizations,''.</DELETED>
        <DELETED>    (2) Collaborative processes.--Section 320(d) of 
        such Act (33 U.S.C. 1330(d)) is amended--</DELETED>
                <DELETED>    (A) by striking ``(d)'' and all that 
                follows through ``In developing'' and inserting the 
                following:</DELETED>
<DELETED>    ``(d) Utilization of Existing Data and Collaborative 
Processes.--</DELETED>
        <DELETED>    ``(1) Utilization of existing data.--In 
        developing''; and</DELETED>
                <DELETED>    (B) by adding at the end the 
                following:</DELETED>
        <DELETED>    ``(2) Utilization of collaborative processes.--In 
        updating a plan under subsection (f)(4) or developing a new 
        plan under subsection (b), a management conference shall make 
        use of collaborative processes to--</DELETED>
                <DELETED>    ``(A) ensure equitable inclusion of 
                affected interests;</DELETED>
                <DELETED>    ``(B) engage with members of the 
                management conference, including through--</DELETED>
                        <DELETED>    ``(i) the use of consensus-based 
                        decision rules; and</DELETED>
                        <DELETED>    ``(ii) assistance from impartial 
                        facilitators, as appropriate;</DELETED>
                <DELETED>    ``(C) ensure relevant information, 
                including scientific, technical, and cultural 
                information, is accessible to members;</DELETED>
                <DELETED>    ``(D) promote accountability and 
                transparency by ensuring members are informed in a 
                timely manner of--</DELETED>
                        <DELETED>    ``(i) the purposes and objectives 
                        of the management conference; and</DELETED>
                        <DELETED>    ``(ii) the results of an 
                        evaluation conducted under subsection 
                        (f)(3);</DELETED>
                <DELETED>    ``(E) identify the roles and 
                responsibilities of members--</DELETED>
                        <DELETED>    ``(i) in the management conference 
                        proceedings; and</DELETED>
                        <DELETED>    ``(ii) in the implementation of 
                        the plan; and</DELETED>
                <DELETED>    ``(F) seek resolution of conflicts or 
                disputes as necessary.''.</DELETED>
<DELETED>    (c) Administration of Plans.--Section 320(f) of such Act 
(33 U.S.C. 1330(f)) is amended to read as follows:</DELETED>
<DELETED>    ``(f) Administration of Plans.--</DELETED>
        <DELETED>    ``(1) Approval.--Not later than 120 days after the 
        date on which a management conference submits to the 
        Administrator a comprehensive conservation and management plan 
        under this section, and after providing for public review and 
        comment, the Administrator shall approve the plan if the 
        Administrator determines that the plan meets the requirements 
        of this section and the affected Governor or Governors 
        concur.</DELETED>
        <DELETED>    ``(2) Implementation.--Upon approval of a 
        comprehensive conservation and management plan under this 
        section, the plan shall be implemented. Funds authorized to be 
        appropriated under titles II and VI and section 319 may be used 
        in accordance with the applicable requirements of this Act to 
        assist States with the implementation of the plan.</DELETED>
        <DELETED>    ``(3) Evaluation.--</DELETED>
                <DELETED>    ``(A) In general.--Not later than 4 years 
                after the date of enactment of this paragraph, and 
                every 4 years thereafter, the Administrator shall 
                complete an evaluation of the implementation of each 
                comprehensive conservation and management plan 
                developed under this section to determine the degree to 
                which the goals of the plan have been met.</DELETED>
                <DELETED>    ``(B) Review and comment by management 
                conference.--In completing an evaluation under 
                subparagraph (A), the Administrator shall submit the 
                results of the evaluation to the appropriate management 
                conference for review and comment.</DELETED>
                <DELETED>    ``(C) Report.--</DELETED>
                        <DELETED>    ``(i) In general.--In completing 
                        an evaluation under subparagraph (A), and after 
                        providing an opportunity for a management 
                        conference to submit comments under 
                        subparagraph (B), the Administrator shall issue 
                        a report on the results of the evaluation, 
                        including the findings and recommendations of 
                        the Administrator and any comments received 
                        from the management conference.</DELETED>
                        <DELETED>    ``(ii) Availability to public.--
                        The Administrator shall make a report issued 
                        under this subparagraph available to the 
                        public, including through publication in the 
                        Federal Register and on the Internet.</DELETED>
                <DELETED>    ``(D) Special rule for new plans.--
                Notwithstanding subparagraph (A), if a management 
                conference submits a new comprehensive conservation and 
                management plan to the Administrator after the date of 
                enactment of this paragraph, the Administrator shall 
                complete the evaluation of the implementation of the 
                plan required by subparagraph (A) not later than 4 
                years after the date of such submission and every 4 
                years thereafter.</DELETED>
        <DELETED>    ``(4) Updates.--</DELETED>
                <DELETED>    ``(A) Requirement.--Not later than 18 
                months after the date on which the Administrator makes 
                an evaluation of the implementation of a comprehensive 
                conservation and management plan available to the 
                public under paragraph (3)(C), a management conference 
                convened under this section shall submit to the 
                Administrator an update of the plan. The updated plan 
                shall reflect, to the maximum extent practicable, the 
                results of the program evaluation.</DELETED>
                <DELETED>    ``(B) Approval of updates.--Not later than 
                120 days after the date on which a management 
                conference submits to the Administrator an updated 
                comprehensive conservation and management plan under 
                subparagraph (A), and after providing for public review 
                and comment, the Administrator shall approve the 
                updated plan if the Administrator determines that the 
                updated plan meets the requirements of this 
                section.</DELETED>
        <DELETED>    ``(5) Probationary status.--The Administrator may 
        consider a management conference convened under this section to 
        be in probationary status if the management conference has not 
        received approval for an updated comprehensive conservation and 
        management plan under paragraph (4)(B) on or before the last 
        day of the 3-year period beginning on the date on which the 
        Administrator makes an evaluation of the plan available to the 
        public under paragraph (3)(C).''.</DELETED>
<DELETED>    (d) Federal Agencies.--Section 320 of such Act (33 U.S.C. 
1330) is amended--</DELETED>
        <DELETED>    (1) by redesignating subsections (g), (h), (i), 
        (j), and (k) as subsections (h), (i), (j), (k), and (m), 
        respectively; and</DELETED>
        <DELETED>    (2) by inserting after subsection (f) the 
        following:</DELETED>
<DELETED>    ``(g) Federal Agencies.--</DELETED>
        <DELETED>    ``(1) Activities conducted within estuaries with 
        approved plans.--After approval of a comprehensive conservation 
        and management plan by the Administrator, any Federal action or 
        activity affecting the estuary shall be conducted, to the 
        maximum extent practicable, in a manner consistent with the 
        plan.</DELETED>
        <DELETED>    ``(2) Coordination and cooperation.--The Secretary 
        of the Army (acting through the Chief of Engineers), the 
        Administrator of the National Oceanic and Atmospheric 
        Administration, the Director of the United States Fish and 
        Wildlife Service, the Chief of the Natural Resources 
        Conservation Service, and the heads of other appropriate 
        Federal agencies, as determined by the Administrator, shall, to 
        the maximum extent practicable, cooperate and coordinate 
        activities, including monitoring activities, related to the 
        implementation of a comprehensive conservation and management 
        plan approved by the Administrator. The Environmental 
        Protection Agency shall serve as the lead coordinating agency 
        under this paragraph.</DELETED>
        <DELETED>    ``(3) Consideration of plans in agency budget 
        requests.--In making an annual budget request for a Federal 
        agency referred to in paragraph (2), the head of such agency 
        shall consider the responsibilities of the agency under this 
        section, including under comprehensive conservation and 
        management plans approved by the Administrator.</DELETED>
        <DELETED>    ``(4) Monitoring.--The heads of the Federal 
        agencies referred to in paragraph (2) shall collaborate on the 
        development of tools and methodologies for monitoring the 
        ecological health and water quality conditions of estuaries 
        covered by a management conference convened under this 
        section.''.</DELETED>
<DELETED>    (e) Grants.--</DELETED>
        <DELETED>    (1) Recipients.--Section 320(h)(1) of such Act (as 
        redesignated by subsection (d) of this section) is amended by 
        striking ``other public'' and all that follows before the 
        period at the end and inserting ``and other public or nonprofit 
        private agencies, institutions, and organizations''.</DELETED>
        <DELETED>    (2) Effects of probationary status.--Section 
        320(h) of such Act (as redesignated by subsection (d) of this 
        section) is further amended by adding at the end the 
        following:</DELETED>
        <DELETED>    ``(4) Effects of probationary status.--</DELETED>
                <DELETED>    ``(A) Reductions in grant amounts.--The 
                Administrator shall reduce, by an amount to be 
                determined by the Administrator, grants for the 
                implementation of a comprehensive conservation and 
                management plan developed by a management conference 
                convened under this section if the Administrator 
                determines that the management conference is in 
                probationary status under subsection (f)(5).</DELETED>
                <DELETED>    ``(B) Termination of management 
                conferences.--The Administrator shall terminate a 
                management conference convened under this section, and 
                cease funding for the implementation of the 
                comprehensive conservation and management plan 
                developed by the management conference, if the 
                Administrator determines that the management conference 
                has been in probationary status for 2 consecutive 
                years.''.</DELETED>
        <DELETED>    (3) Conforming amendment.--Section 320(i) of such 
        Act (as redesignated by subsection (d) of this section) is 
        amended by striking ``subsection (g)'' and inserting 
        ``subsection (h)''.</DELETED>
<DELETED>    (f) Authorization of Appropriations.--Section 320(j) of 
such Act (as redesignated by subsection (d) of this section) is amended 
to read as follows:</DELETED>
<DELETED>    ``(j) Authorization of Appropriations.--</DELETED>
        <DELETED>    ``(1) In general.--There is authorized to be 
        appropriated to the Administrator $50,000,000 for each of 
        fiscal years 2011 through 2016 for--</DELETED>
                <DELETED>    ``(A) expenses related to the 
                administration of management conferences under this 
                section, except that such expenses shall not exceed 10 
                percent of the amount appropriated under this 
                subsection;</DELETED>
                <DELETED>    ``(B) making grants under subsection (h); 
                and</DELETED>
                <DELETED>    ``(C) monitoring the implementation of a 
                conservation and management plan by the management 
                conference, or by the Administrator in any case in 
                which the conference has been terminated.</DELETED>
        <DELETED>    ``(2) Allocations.--Of the sums authorized to be 
        appropriated under this subsection, the Administrator shall 
        provide--</DELETED>
                <DELETED>    ``(A) at least $1,250,000 per fiscal year, 
                subject to the availability of appropriations, for the 
                development, implementation, and monitoring of each 
                conservation and management plan eligible for grant 
                assistance under subsection (h); and</DELETED>
                <DELETED>    ``(B) up to $5,000,000 per fiscal year to 
                carry out subsection (k).''.</DELETED>
<DELETED>    (g) Research.--Section 320(k)(1)(A) of such Act (as 
redesignated by subsection (d) of this section) is amended--</DELETED>
        <DELETED>    (1) by striking ``paramenters'' and inserting 
        ``parameters''; and</DELETED>
        <DELETED>    (2) by inserting ``(including monitoring of both 
        pathways and ecosystems to track the introduction and 
        establishment of nonnative species)'' before ``, to provide the 
        Administrator''.</DELETED>
<DELETED>    (h) National Estuary Program Evaluation.--Section 320 of 
such Act (33 U.S.C. 1330) is amended by inserting after subsection (k) 
(as redesignated by subsection (d) of this section) the 
following:</DELETED>
<DELETED>    ``(l) National Estuary Program Evaluation.--</DELETED>
        <DELETED>    ``(1) In general.--Not later than 4 years after 
        the date of enactment of this paragraph, and every 4 years 
        thereafter, the Administrator shall complete an evaluation of 
        the national estuary program established under this 
        section.</DELETED>
        <DELETED>    ``(2) Specific assessments.--In conducting an 
        evaluation under this subsection, the Administrator shall--
        </DELETED>
                <DELETED>    ``(A) assess the effectiveness of the 
                national estuary program in improving water quality, 
                natural resources, and sustainable uses of the 
                estuaries covered by management conferences convened 
                under this section;</DELETED>
                <DELETED>    ``(B) identify best practices for 
                improving water quality, natural resources, and 
                sustainable uses of the estuaries covered by management 
                conferences convened under this section, including 
                those practices funded through the use of technical 
                assistance from the Environmental Protection Agency and 
                other Federal agencies, and assess the reasons why such 
                practices result in the achievement of program goals; 
                and</DELETED>
                <DELETED>    ``(C) identify any redundant requirements 
                for reporting by recipients of a grant under this 
                section, and develop and recommend a plan for limiting 
                reporting redundancies.</DELETED>
        <DELETED>    ``(3) Report.--In completing an evaluation under 
        this subsection, the Administrator shall issue a report on the 
        results of the evaluation, including the findings and 
        recommendations of the Administrator.</DELETED>
        <DELETED>    ``(4) Availability.--The Administrator shall make 
        a report issued under this subsection available to management 
        conferences convened under this section and the public, 
        including through publication in the Federal Register and on 
        the Internet.''.</DELETED>
<DELETED>    (i) Convening of Conference.--Section 320(a)(2) of such 
Act (33 U.S.C. 1330(a)(2)) is amended--</DELETED>
        <DELETED>    (1) by striking ``(2) Convening of conference.--'' 
        and all that follows through ``In any case'' and inserting the 
        following:</DELETED>
        <DELETED>    ``(2) Convening of conference.--In any case''; 
        and</DELETED>
        <DELETED>    (2) by striking subparagraph (B).</DELETED>
<DELETED>    (j) Great Lakes Estuaries.--Section 320(m) of such Act (as 
redesignated by subsection (d) of this section) is amended by striking 
the subsection designation and all that follows through ``and those 
portions of tributaries'' and inserting the following:</DELETED>
<DELETED>    ``(m) Definitions.--In this section, the terms `estuary' 
and `estuarine zone' have the meanings such terms have in section 
104(n)(4), except that--</DELETED>
        <DELETED>    ``(1) the term `estuary' also includes near 
        coastal waters and other bodies of water within the Great Lakes 
        that are similar in form and function to the waters described 
        in the definition of `estuary' contained in section 104(n)(4); 
        and</DELETED>
        <DELETED>    ``(2) the term `estuarine zone' also includes--
        </DELETED>
                <DELETED>    ``(A) waters within the Great Lakes 
                described in paragraph (1) and transitional areas from 
                such waters that are similar in form and function to 
                the transitional areas described in the definition of 
                `estuarine zone' contained in section 
                104(n)(4);</DELETED>
                <DELETED>    ``(B) associated aquatic ecosystems; 
                and</DELETED>
                <DELETED>    ``(C) those portions of 
                tributaries''.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Clean Estuaries Act of 2010''.

SEC. 2. NATIONAL ESTUARY PROGRAM AMENDMENTS.

    (a) Purposes of Conference.--
            (1) Development of comprehensive conservation and 
        management plans.--Section 320(b) of the Federal Water 
        Pollution Control Act (33 U.S.C. 1330(b)) is amended by 
        striking paragraph (4) and inserting the following:
            ``(4) develop and submit to the Administrator a 
        comprehensive conservation and management plan that--
                    ``(A) identifies the estuary and the associated 
                upstream waters of the estuary to be addressed by the 
                plan, with consideration given to hydrological 
                boundaries;
                    ``(B) recommends priority corrective actions and 
                compliance schedules addressing--
                            ``(i) point and nonpoint sources of 
                        pollution; and
                            ``(ii) protection and conservation 
                        actions--
                                    ``(I) to restore and maintain the 
                                chemical, physical, and biological 
                                integrity of the estuary, including--
                                            ``(aa) restoration and 
                                        maintenance of water quality, 
                                        wetlands, and natural 
                                        hydrologic flows;
                                            ``(bb) a resilient and 
                                        diverse indigenous population 
                                        of shellfish, fish, and 
                                        wildlife; and
                                            ``(cc) recreational 
                                        activities in the estuary; and
                                    ``(II) to ensure that the 
                                designated uses of the estuary are 
                                protected;
                    ``(C) identifies healthy watershed components for 
                protection and conservation by carrying out integrated 
                assessments, where appropriate, of--
                            ``(i) aquatic habitat and biological 
                        integrity;
                            ``(ii) water quality; and
                            ``(iii) natural hydrologic flows;
                    ``(D) considers current and future sustainable 
                commercial activities in the estuary;
                    ``(E) addresses the impacts of climate change on 
                the estuary, including--
                            ``(i) the identification and assessment of 
                        vulnerabilities in the estuary;
                            ``(ii) the development and implementation 
                        of adaptation strategies; and
                            ``(iii) the impacts of changes in sea level 
                        on estuarine water quality, estuarine habitat, 
                        and infrastructure located in the estuary;
                    ``(F) increases public education and awareness with 
                respect to--
                            ``(i) the ecological health of the estuary;
                            ``(ii) the water quality conditions of the 
                        estuary; and
                            ``(iii) ocean, estuarine, land, and 
                        atmospheric connections and interactions;
                    ``(G)(i) identifies and assesses impairments, 
                including significant adverse upstream impairments 
                coming from outside of the area addressed by the plan, 
                and the sources of those impairments; and
                            ``(ii) provides the applicable State with 
                        any information on such impairments or the 
                        sources of such impairments;
                    ``(H) includes performance measures and goals to 
                track implementation of the plan; and
                    ``(I) includes a coordinated monitoring strategy 
                for Federal, State, and local governments and other 
                entities.''.
            (2) Monitoring and making results available.--Section 
        320(b) of the Federal Water Pollution Control Act (33 U.S.C. 
        1330(b)) is amended by striking paragraph (6) and inserting the 
        following:
            ``(6) monitor (and make results available to the public 
        regarding)--
                    ``(A) water quality conditions in the estuary and 
                the associated upstream waters of the estuary 
                identified under paragraph (4)(A);
                    ``(B) healthy watershed and habitat conditions that 
                relate to the ecological health and water quality 
                conditions of the estuary; and
                    ``(C) the effectiveness of actions taken pursuant 
                to the comprehensive conservation and management plan 
                developed for the estuary under this subsection;''.
            (3) Information and educational activities.--Section 320(b) 
        of the Federal Water Pollution Control Act (33 U.S.C. 1330(b)) 
        is amended--
                    (A) by redesignating paragraph (7) as paragraph 
                (8); and
                    (B) by inserting after paragraph (6) the following:
            ``(7) provide information and educational activities on the 
        ecological health and water quality conditions of the estuary; 
        and''.
            (4) Conforming amendment.--The sentence following section 
        320(b)(8) of the Federal Water Pollution Control Act (as so 
        redesignated) (33 U.S.C. 1330(b)(8)) is amended by striking 
        ``paragraph (7)'' and inserting ``paragraph (8)''.
    (b) Members of Conference; Collaborative Processes.--
            (1) Members of conference.--Section 320(c)(5) of the 
        Federal Water Pollution Control Act (33 U.S.C. 1330(c)(5)) is 
        amended by inserting ``not-for-profit organizations,'' after 
        ``institutions,''.
            (2) Collaborative processes.--Section 320(d) of the Federal 
        Water Pollution Control Act (33 U.S.C. 1330(d)) is amended--
                    (A) by striking ``(d)'' and all that follows 
                through ``In developing'' and inserting the following:
    ``(d) Use of Existing Data and Collaborative Processes.--
            ``(1) Use of existing data.--In developing''; and
                    (B) by adding at the end the following:
            ``(2) Use of collaborative processes.--In updating a plan 
        under subsection (f)(4) or developing a new plan under 
        subsection (b), a management conference shall make use of 
        collaborative processes--
                    ``(A) to ensure equitable inclusion of affected 
                interests;
                    ``(B) to engage with members of the management 
                conference, including through--
                            ``(i) the use of consensus-based decision 
                        rules; and
                            ``(ii) assistance from impartial 
                        facilitators, as appropriate;
                    ``(C) to ensure relevant information, including 
                scientific, technical, and cultural information, is 
                accessible to members;
                    ``(D) to promote accountability and transparency by 
                ensuring members are informed in a timely manner of--
                            ``(i) the purposes and objectives of the 
                        management conference; and
                            ``(ii) the results of an evaluation 
                        conducted under subsection (f)(3);
                    ``(E) to identify the roles and responsibilities of 
                members--
                            ``(i) in the management conference 
                        proceedings; and
                            ``(ii) in the implementation of the plan; 
                        and
                    ``(F) to seek resolution of conflicts or disputes 
                as necessary.''.
    (c) Administration of Plans.--Section 320 of the Federal Water 
Pollution Control Act (33 U.S.C. 1330) is amended by striking 
subsection (f) and inserting the following:
    ``(f) Administration of Plans.--
            ``(1) Approval.--Not later than 120 days after the date on 
        which a management conference submits to the Administrator a 
        comprehensive conservation and management plan under this 
        section, and after providing for public review and comment, the 
        Administrator shall approve the plan, if--
                    ``(A) the Administrator determines that the plan 
                meets the requirements of this section; and
                    ``(B) each affected Governor concurs.
            ``(2) Implementation.--
                    ``(A) In general.--On the approval of a 
                comprehensive conservation and management plan under 
                this section, the plan shall be implemented.
                    ``(B) Use of authorized amounts.--Amounts 
                authorized to be appropriated under titles II and VI 
                and section 319 may be used in accordance with the 
                applicable requirements of this Act to assist States 
                with the implementation of a plan approved under 
                paragraph (1).
            ``(3) Evaluation.--
                    ``(A) In general.--Not later than 5 years after the 
                date of enactment of this paragraph, and every 5 years 
                thereafter, the Administrator shall carry out--
                            ``(i) an evaluation of the implementation 
                        of each comprehensive conservation and 
                        management plan developed under this section to 
                        determine the degree to which the goals of the 
                        plan have been met; and
                            ``(ii) a review of the program designed to 
                        implement the plan.
                    ``(B) Review and comment by management 
                conference.--In completing an evaluation under 
                subparagraph (A), the Administrator shall submit the 
                results of the evaluation to the appropriate management 
                conference for review and comment.
                    ``(C) Report.--
                            ``(i) In general.--In completing an 
                        evaluation under subparagraph (A), and after 
                        providing an opportunity for a management 
                        conference to submit comments under 
                        subparagraph (B), the Administrator shall issue 
                        a report on the results of the evaluation, 
                        including the findings and recommendations of 
                        the Administrator and any comments received 
                        from the management conference.
                            ``(ii) Availability to public.--The 
                        Administrator shall make a report issued under 
                        this subparagraph available to the public, 
                        including through publication in the Federal 
                        Register and on the Internet.
                    ``(D) Special rule for new plans.--Notwithstanding 
                subparagraph (A), if a management conference submits a 
                new comprehensive conservation and management plan to 
                the Administrator after the date of enactment of this 
                paragraph, the Administrator shall complete the 
                evaluation of the implementation of the plan required 
                by subparagraph (A) not later than 5 years after the 
                date of such submission and every 5 years thereafter.
            ``(4) Updates.--
                    ``(A) Requirement.--Not later than 18 months after 
                the date on which the Administrator makes an evaluation 
                of the implementation of a comprehensive conservation 
                and management plan available to the public under 
                paragraph (3)(C), a management conference convened 
                under this section shall submit to the Administrator an 
                update of the plan that reflects, to the maximum extent 
                practicable, the results of the program evaluation.
                    ``(B) Approval of updates.--Not later than 120 days 
                after the date on which a management conference submits 
                to the Administrator an updated comprehensive 
                conservation and management plan under subparagraph 
                (A), and after providing for public review and comment, 
                the Administrator shall approve the updated plan, if 
                the Administrator determines that the updated plan 
                meets the requirements of this section.
            ``(5) Probationary status.--The Administrator may consider 
        a management conference convened under this section to be in 
        probationary status, if the management conference has not 
        received approval for an updated comprehensive conservation and 
        management plan under paragraph (4)(B) on or before the last 
        day of the 3-year period beginning on the date on which the 
        Administrator makes an evaluation of the plan available to the 
        public under paragraph (3)(C).''.
    (d) Federal Agencies.--Section 320 of the Federal Water Pollution 
Control Act (33 U.S.C. 1330) is amended--
            (1) by redesignating subsections (g), (h), (i), (j), and 
        (k) as subsections (h), (i), (j), (k), and (m), respectively; 
        and
            (2) by inserting after subsection (f) the following:
    ``(g) Federal Agencies.--
            ``(1) Activities conducted within estuaries with approved 
        plans.--After approval of a comprehensive conservation and 
        management plan by the Administrator, any Federal action or 
        activity affecting the estuary shall be conducted, to the 
        maximum extent practicable, in a manner consistent with the 
        plan.
            ``(2) Coordination and cooperation.--
                    ``(A) In general.--The Secretary of the Army 
                (acting through the Chief of Engineers), the 
                Administrator of the National Oceanic and Atmospheric 
                Administration, the Director of the United States Fish 
                and Wildlife Service, the Secretary of the Department 
                of Agriculture, the Director of the United States 
                Geological Survey, the Secretary of the Department of 
                Transportation, the Secretary of the Department of 
                Housing and Urban Development, and the heads of other 
                appropriate Federal agencies, as determined by the 
                Administrator, shall, to the maximum extent 
                practicable, cooperate and coordinate activities, 
                including monitoring activities, related to the 
                implementation of a comprehensive conservation and 
                management plan approved by the Administrator.
                    ``(B) Lead coordinating agency.--The Environmental 
                Protection Agency shall serve as the lead coordinating 
                agency under this paragraph.
            ``(3) Consideration of plans in agency budget requests.--In 
        making an annual budget request for a Federal agency referred 
        to in paragraph (2), the head of such agency shall consider the 
        responsibilities of the agency under this section, including 
        under comprehensive conservation and management plans approved 
        by the Administrator.
            ``(4) Monitoring.--The heads of the Federal agencies 
        referred to in paragraph (2) shall collaborate on the 
        development of tools and methodologies for monitoring the 
        ecological health and water quality conditions of estuaries 
        covered by a management conference convened under this 
        section.''.
    (e) Grants.--
            (1) In general.--Subsection (h) (as redesignated by 
        subsection (d)) of section 320 of the Federal Water Pollution 
        Control Act (33 U.S.C. 1330) is amended--
                    (A) in paragraph (1), by striking ``other public'' 
                and all that follows before the period at the end and 
                inserting ``and other public or nonprofit private 
                agencies, institutions, and organizations''; and
                    (B) by adding at the end the following:
            ``(4) Effects of probationary status.--
                    ``(A) Reductions in grant amounts.--The 
                Administrator shall reduce, by an amount to be 
                determined by the Administrator, grants for the 
                implementation of a comprehensive conservation and 
                management plan developed by a management conference 
                convened under this section, if the Administrator 
                determines that the management conference is in 
                probationary status under subsection (f)(5).
                    ``(B) Termination of management conferences.--The 
                Administrator shall terminate a management conference 
                convened under this section, and cease funding for the 
                implementation of the comprehensive conservation and 
                management plan developed by the management conference, 
                if the Administrator determines that the management 
                conference has been in probationary status for 2 
                consecutive years.''.
            (2) Conforming amendment.--Section 320(i) the Federal Water 
        Pollution Control Act (as redesignated by subsection (d)) is 
        amended by striking ``subsection (g)'' and inserting 
        ``subsection (h)''.
    (f) Authorization of Appropriations.--Section 320 of the Federal 
Water Pollution Control Act (33 U.S.C. 1330) (as redesignated by 
subsection (d)) is amended by striking subsection (j) and inserting the 
following:
    ``(j) Authorization of Appropriations.--
            ``(1) In general.--There is authorized to be appropriated 
        to the Administrator $75,000,000 for each of fiscal years 2011 
        through 2016 for--
                    ``(A) expenses relating to the administration of 
                management conferences by the Administrator under this 
                section, except that such expenses shall not exceed 10 
                percent of the amount appropriated under this 
                subsection;
                    ``(B) making grants under subsection (h); and
                    ``(C) monitoring the implementation of a 
                conservation and management plan by the management 
                conference, or by the Administrator in any case in 
                which the conference has been terminated.
            ``(2) Allocations.--Of the sums authorized to be 
        appropriated under this subsection, the Administrator shall 
        provide--
                    ``(A) at least $1,250,000 per fiscal year, subject 
                to the availability of appropriations, for the 
                development, implementation, and monitoring of each 
                conservation and management plan eligible for grant 
                assistance under subsection (h); and
                    ``(B) up to $5,000,000 per fiscal year to carry out 
                subsection (k).''.
    (g) Research.--Section 320(k)(1)(A) of the Federal Water Pollution 
Control Act (as redesignated by subsection (d)) is amended--
            (1) by striking ``paramenters'' and inserting 
        ``parameters''; and
            (2) by inserting ``(including monitoring of both pathways 
        and ecosystems to track the introduction and establishment of 
        nonnative species)'' before ``, to provide the Administrator''.
    (h) National Estuary Program Evaluation.--Section 320 of the 
Federal Water Pollution Control Act (33 U.S.C. 1330) is amended by 
inserting after subsection (k) (as redesignated by subsection (d)) the 
following:
    ``(l) National Estuary Program Evaluation.--
            ``(1) In general.--Not later than 5 years after the date of 
        enactment of this paragraph, and every 5 years thereafter, the 
        Administrator shall complete an evaluation of the national 
        estuary program established under this section.
            ``(2) Specific assessments.--In conducting an evaluation 
        under this subsection, the Administrator shall--
                    ``(A) assess the effectiveness of the national 
                estuary program in improving water quality, natural 
                resources, and sustainable uses of the estuaries 
                covered by management conferences convened under this 
                section;
                    ``(B) identify best practices for improving water 
                quality, natural resources, and sustainable uses of the 
                estuaries covered by management conferences convened 
                under this section, including those practices funded 
                through the use of technical assistance from the 
                Environmental Protection Agency and other Federal 
                agencies;
                    ``(C) assess the reasons why the best practices 
                described in subparagraph (B) resulted in the 
                achievement of program goals;
                    ``(D) identify any redundant requirements for 
                reporting by recipients of a grant under this section; 
                and
                    ``(E) develop and recommend a plan for limiting 
                reporting any redundancies.
            ``(3) Report.--In completing an evaluation under this 
        subsection, the Administrator shall issue a report on the 
        results of the evaluation, including the findings and 
        recommendations of the Administrator.
            ``(4) Availability.--The Administrator shall make a report 
        issued under this subsection available to management 
        conferences convened under this section and the public, 
        including through publication in the Federal Register and on 
        the Internet.''.
    (i) Convening of Conference.--Section 320(a)(2) of the Federal 
Water Pollution Control Act (33 U.S.C. 1330(a)(2)) is amended--
            (1) by striking ``(2) Convening of conference.--'' and all 
        that follows through ``In any case'' and inserting the 
        following:
            ``(2) Convening of conference.--In any case''; and
            (2) by striking subparagraph (B).
    (j) Great Lakes Estuaries.--Section 320(m) of the Federal Water 
Pollution Control Act (as redesignated by subsection (d)) is amended by 
striking the subsection designation and all that follows through ``and 
those portions of tributaries'' and inserting the following:
    ``(m) Definitions.--In this section, the terms `estuary' and 
`estuarine zone' have the meanings given the terms in section 
104(n)(4), except that--
            ``(1) the term `estuary' also includes near coastal waters 
        and other bodies of water within the Great Lakes that are 
        similar in form and function to the waters described in the 
        definition of `estuary' in section 104(n)(4); and
            ``(2) the term `estuarine zone' also includes--
                    ``(A) waters within the Great Lakes described in 
                paragraph (1) and transitional areas from such waters 
                that are similar in form and function to the 
                transitional areas described in the definition of 
                `estuarine zone' in section 104(n)(4);
                    ``(B) associated aquatic ecosystems; and
                    ``(C) those portions of tributaries''.
                                                       Calendar No. 569

111th CONGRESS

  2d Session

                               H. R. 4715

                          [Report No. 111-293]

_______________________________________________________________________

                                 AN ACT

  To amend the Federal Water Pollution Control Act to reauthorize the 
           National Estuary Program, and for other purposes.

_______________________________________________________________________

                           September 16, 2010

                       Reported with an amendment