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 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.
.