1.This Act may be cited as the
Clean Estuaries Act of
2011
.
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 protection, conservation, and corrective actions and compliance
schedules that address point and nonpoint sources of pollution—
(i)to restore and
maintain the chemical, physical, and biological integrity of the estuary,
including—
(I)restoration and
maintenance of water quality, including wetlands and natural hydrological
flows;
(II)a resilient and
diverse indigenous population of shellfish, fish, and wildlife; and
(III)recreational
activities in the estuary; and
(ii)to ensure that
the designated uses of the estuary are protected;
(C)(i)identifies healthy and
impaired watershed components, including significant adverse impacts to the
estuary outside the area addressed by the plan that could affect the water
quality and ecological integrity of the estuary, and the sources of those
adverse impacts, by carrying out integrated assessments that include
assessments of—
(I)aquatic habitat
and biological integrity;
(II)water quality;
and
(III)natural
hydrologicalal flows; and
(ii)provides the
applicable Federal or State authority with information on any identified
adverse impacts and the sources of those adverse impacts;
(D)considers current
and future sustainable commercial activities in the estuary;
(E)addresses the
impacts of the changing climate 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 potential
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)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) 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)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)(6);
(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)If the Administrator determines that a plan is incomplete
under paragraph (1) or (7), the Administrator shall—
(i)provide the
management conference with written notification of the basis of that finding;
and
(ii)allow the
management conference to resubmit a revised plan that addresses, to the maximum
extent practicable, the comments contained in the written notification of the
Administrator described in clause (i).
(B)If
the Administrator determines that a revised plan submitted under subparagraph
(A)(ii) remains incomplete under paragraph (1) or (7), the Administrator shall
allow the management conference to resubmit a revised plan in accordance with
subparagraph (A).
(C)In determining whether to approve a comprehensive
conservation and management plan under paragraph (1) or (7), the
Administrator—
(i)shall limit the
scope of review to a determination of whether the plan meets the minimum
requirements of this section; and
(ii)may not impose,
as a condition of approval, any additional requirements.
(3)Failure of the
Administrator to respondIf, by the date that is 120 days after
the date on which a plan is submitted or resubmitted under paragraph (1), (2),
or (7) the Administrator fails to respond to the submission or resubmission in
writing, the plan shall be considered approved.
(4)If, by the date that is 3 years after the date on
which a management conference is convened, that management conference fails to
submit a comprehensive conservation and management plan or to secure approval
for the comprehensive conservation and management plan under this subsection,
the Administrator shall terminate the management conference convened under this
section.
(5)
(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).
(6)
(A)Not later than 5 years after the date of enactment of
this paragraph, and every 5 years thereafter, the Administrator shall carry out
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 5 years after the date of such submission and
every 5 years thereafter.
(7)
(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 (6)(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.
(8)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 (7)(B) on or before the last day of the
5-year period beginning on the date on which the Administrator makes an
evaluation of the plan available to the public under paragraph
(6)(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)(8).
(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 $35,000,000 for each of fiscal years 2012 through 2017
for—
(A)expenses relating
to the administration of management conferences by the Administrator under this
section, except that such expenses shall not exceed 5 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 at least 80 percent per fiscal year for the development,
implementation, and monitoring of each conservation and management plan
eligible for grant assistance under subsection
(h).
.
(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 eliminating 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
.
1.This Act may be cited as the
Clean Estuaries Act of
2011
.
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
protection, conservation, and corrective actions and compliance schedules that
address point and nonpoint sources of pollution—
(i)to restore and maintain
the chemical, physical, and biological integrity of the estuary,
including—
(I)restoration and
maintenance of water quality, including wetlands and natural hydrological
flows;
(II)a resilient and diverse
indigenous population of shellfish, fish, and wildlife; and
(III)recreational activities
in the estuary; and
(ii)to ensure that the
designated uses of the estuary are protected;
(C)(i)identifies healthy
and impaired watershed components, including significant adverse impacts to the
estuary outside the area addressed by the plan that could affect the water
quality and ecological integrity of the estuary, and the sources of those
adverse impacts, by carrying out integrated assessments that include
assessments of—
(I)aquatic habitat and
biological integrity;
(II)water quality;
and
(III)natural hydrological
flows; and
(ii)provides the applicable
Federal or State authority with information on any identified adverse impacts
and the sources of those adverse impacts;
(D)considers current and
future sustainable commercial activities in the estuary;
(E)addresses the impacts of
the changing climate 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 potential 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)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) 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)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)(6);
(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)If the Administrator determines that a plan is incomplete
under paragraph (1) or (7), the Administrator shall—
(i)provide the management
conference with written notification of the basis of that finding; and
(ii)allow the management
conference to resubmit a revised plan that addresses, to the maximum extent
practicable, the comments contained in the written notification of the
Administrator described in clause (i).
(B)If
the Administrator determines that a revised plan submitted under subparagraph
(A)(ii) remains incomplete under paragraph (1) or (7), the Administrator shall
allow the management conference to resubmit a revised plan in accordance with
subparagraph (A).
(C)In determining whether to approve a comprehensive
conservation and management plan under paragraph (1) or (7), the
Administrator—
(i)shall limit the scope of
review to a determination of whether the plan meets the minimum requirements of
this section; and
(ii)may not impose, as a
condition of approval, any additional requirements.
(3)Failure of the
Administrator to respondIf, by the date that is 120 days after
the date on which a plan is submitted or resubmitted under paragraph (1), (2),
or (7) the Administrator fails to respond to the submission or resubmission in
writing, the plan shall be considered approved.
(4)If, by the date that is 3 years after the date on which a
management conference is convened, that management conference fails to submit a
comprehensive conservation and management plan or to secure approval for the
comprehensive conservation and management plan under this subsection, the
Administrator shall terminate the management conference convened under this
section.
(5)
(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).
(6)
(A)Not later than 5 years after the date of enactment of
this paragraph, and every 5 years thereafter, the Administrator shall carry out
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 5 years after the date of such submission and
every 5 years thereafter.
(7)
(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 (6)(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.
(8)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 (7)(B) on or before the last day of the
5-year period beginning on the date on which the Administrator makes an
evaluation of the plan available to the public under paragraph
(6)(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)(8).
(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 $35,000,000 for each of fiscal years 2012 through 2017
for—
(A)expenses relating to the
administration of grants by the Administrator under this section, including the
award and oversight of grants, except that such expenses shall not exceed 5
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)The
Administrator shall provide at least 80 percent of the amounts appropriated
under this subsection per fiscal year for the development, implementation, and
monitoring of each conservation and management plan eligible for grant
assistance under subsection (h).
(3)The
Administrator shall include in the annual budget request of the Environmental
Protection Agency a clear description of the amounts requested by the
Administrator to make grants under paragraph
(1)(B).
.
(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 eliminating 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
.
July 28, 2011
Reported with an amendment