1.This Act may be cited as the
Clean Estuaries Act of
2010
.
2.National estuary program
amendments
(a)
(1)Development of comprehensive conservation
and management plansSection
320(b)(4) of the Federal Water Pollution Control Act (33 U.S.C.
1330(b)(4)) is amended to read as follows:
(4)develop and submit to the Administrator a
comprehensive conservation and management plan that—
(A)identifies the estuary and its associated
upstream waters to be addressed by the plan, with consideration given to
hydrological boundaries;
(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;
(C)considers current and future sustainable
commercial activities in the estuary;
(D)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;
(E)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;
(F)identifies and assesses impairments,
including upstream impairments, coming from outside of the area addressed by
the plan, and the sources of those impairments;
(G)includes performance measures and goals to
track implementation of the plan; and
(H)includes a coordinated monitoring strategy
for Federal, State, and local governments and other
entities.
.
(2)Monitoring and making results
availableSection 320(b)(6)
of such Act (33
U.S.C. 1330(b)(6)) is amended to read as follows:
(6)monitor (and make results available to the
public regarding)—
(A)water quality conditions in the estuary and
its associated upstream waters, as identified under paragraph (4)(A);
(B)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
activitiesSection 320(b) of
such 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)The sentence following section 320(b)(8) of
such Act (as so redesignated) is amended by striking paragraph
(7)
and inserting paragraph (8)
.
(b)Members of conference; collaborative
processes
(1)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,
.
(2)Section 320(d) of such 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)Utilization of existing data and
collaborative processes
(1)Utilization of existing dataIn
developing
;
and
(B)by adding at the end the following:
(2)Utilization of collaborative
processesIn 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—
(A)ensure equitable inclusion of affected
interests;
(B)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)ensure relevant information, including
scientific, technical, and cultural information, is accessible to
members;
(D)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)identify the roles and responsibilities of
members—
(i)in the management conference proceedings;
and
(ii)in the implementation of the plan;
and
(F)seek resolution of conflicts or disputes as
necessary.
.
(c)Section 320(f) of such Act (33 U.S.C. 1330(f))
is amended to read as follows:
(f)
(1)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.
(2)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.
(3)
(A)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.
(B)Review and comment by management
conferenceIn 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)
(i)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)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 plansNotwithstanding 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.
(4)
(A)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.
(B)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)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)Section 320 of such 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)
(1)Activities conducted within estuaries with
approved plansAfter 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 cooperationThe 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.
(3)Consideration of plans in agency budget
requestsIn 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)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)
(1)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
.
(2)Effects of probationary
statusSection 320(h) of such
Act (as redesignated by subsection (d) of this section) is further amended by
adding at the end the following:
(4)Effects of probationary status
(A)Reductions in grant amountsThe 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
conferencesThe 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.
.
(3)Section 320(i) of such Act (as redesignated
by subsection (d) of this section) is amended by striking subsection
(g)
and inserting subsection (h)
.
(f)Authorization of
appropriationsSection 320(j)
of such Act (as redesignated by subsection (d) of this section) is amended to
read as follows:
(j)Authorization of appropriations
(1)There is authorized to be appropriated to
the Administrator $50,000,000 for each of fiscal years 2011 through 2016
for—
(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;
(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)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)Section 320(k)(1)(A) of such Act (as
redesignated by subsection (d) of this section) 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
evaluationSection 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:
(l)National estuary program
evaluation
(1)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.
(2)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, and assess the reasons why such
practices result in the achievement of program goals; and
(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.
(3)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)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)Section 320(a)(2) of such 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)In any
case
;
and
(2)by striking subparagraph (B).
(j)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:
(m)In this section, the terms
estuary
and estuarine zone
have the meanings such
terms have 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
contained 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
contained in section 104(n)(4);
(B)associated aquatic ecosystems; and
(C)those portions of
tributaries
.
1.This Act may be cited as the
Clean Estuaries Act of
2010
.
2.National estuary program
amendments
(a)
(1)Development of
comprehensive conservation and management plansSection 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 availableSection
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 activitiesSection 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)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)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)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)In
developing
;
and
(B)by adding at the end the
following:
(2)Use of collaborative
processesIn 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)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)
(1)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)
(A)On the approval of a comprehensive conservation and
management plan under this section, the plan shall be implemented.
(B)Use of authorized
amountsAmounts 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)
(A)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 conferenceIn
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)
(i)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)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
plansNotwithstanding
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)
(A)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)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)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)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)
(1)Activities conducted
within estuaries with approved plansAfter 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)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)The Environmental
Protection Agency shall serve as the lead coordinating agency under this
paragraph.
(3)Consideration of plans
in agency budget requestsIn
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)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)
(1)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
amountsThe 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 conferencesThe 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)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
appropriationsSection 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)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)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)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 evaluationSection
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)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)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)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)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)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)In any
case
;
and
(2)by striking subparagraph
(B).
(j)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)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
.
September 16, 2010
Reported with an amendment