[Congressional Record Volume 141, Number 99 (Friday, June 16, 1995)]
[Senate]
[Pages S8550-S8558]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. SARBANES (for himself, Ms. Mikulski, and Mr. Robb):
  S. 934. A bill to authorize the establishment of a pilot program to 
provide environmental assistance to non-Federal interests in the 
Chesapeake Bay watershed, and for other purposes; to the Committee on 
Environment and Public Works.
  S. 935. A bill to amend the Food Security Act of 1985 to require the 
Secretary to establish a program to promote the development of riparian 
forest buffers in conservation priority areas, and for other purposes; 
to the Committee on Agriculture, Nutrition, and Forestry.
      By Mr. SARBANES (for himself, Mr. Warner, Ms. Mikulski, and Mr. 
        Robb):
  S. 936. A bill to amend the Federal Water Pollution Control Act to 
assist in the restoration of the Chesapeake Bay, and for other 
purposes; to the Committee on Environment and Public Works.
      By Mr. SARBANES (for himself, Ms. Mikulski, and Mr. Robb):
  S. 937. A bill to reauthorize the National Oceanic and Atmospheric 
Administration Chesapeake Bay Estuarine Resources Office, and for other 
purposes; to the Committee on Commerce, Science, and Transportation.
      By Mr. SARBANES (for himself, Mr. Warner, Ms. Mikulski, and Mr. 
        Robb):
  S. 938. A bill to provide for ballast water management to prevent 
aquatic nonindigenous species from being introduced and spread into the 
waters of the United States, and for other purposes; to the Committee 
on Commerce, Science, and Transportation.


                       chesapeake bay legislation

  Mr. SARBANES.
  Mr. President, today, I am introducing, along with a number of my 
colleagues, a package of five bills directed to continuing and 
enhancing the efforts to clean up the Chesapeake Bay. 

[[Page S8551]]
Joining me in sponsoring elements of this package are my distinguished 
colleague from Maryland, Senator Mikulski, and my two distinguished 
Virginia colleagues, Senators Warner and Robb.
  Mr. President, the Chesapeake Bay is the largest estuary in the 
United States and the key to the ecological and economic health of the 
mid-Atlantic region. The bay, in fact, is one of the world's great 
natural resources. We tend to take it for granted, since it is right 
here at hand, so to speak, and I know many Members of this body have 
enjoyed the Chesapeake Bay. The bay provides thousands of jobs for the 
people in this region. It is a world-class fishery that produces a 
significant portion of the country's fin fish and shellfish catch. It 
is a major commercial waterway and shipping center for the region and 
for much of the eastern United States. And it is an unparalleled 
recreational center for almost 10 million people.
  The Chesapeake Bay also provides vital habitat for living resources. 
Over 2,700 plant and animal species live in the bay. It provides a 
major resting area for migratory birds and waterfowl along the Atlantic 
flyway, including many endangered and threatened species.
  I could go on and on about this dimension of the bay, but most people 
are aware of it. Certainly, our Nation's scientists are aware of it and 
have consistently regarded the protection and the enhancement of the 
quality of the Chesapeake Bay as an extremely important national 
objective.
  It is a treasured asset for those of us in Maryland--in fact, for all 
those who live around the bay in the other States, our neighboring 
State of Virginia, and the States to the north of us. Much of the water 
that comes into the bay comes from the Susquehanna River which 
originates in New York State.
  The Chesapeake Bay is a defining element in Maryland history and a 
key to the quality of Maryland life throughout our history.
  When the bay began to experience serious unprecedented declines in 
water quality and living resources in recent decades, the people in my 
State suffered as well. We lost thousands of jobs in the fishing 
industry. We lost much of the wilderness that defined the watershed.
  We began to appreciate for the first time the profound impact that 
human activity could have on the Chesapeake Bay ecosystem.
  Untreated sewage, deforestation, toxic chemicals, farm runoff, and 
increased development resulted in a degradation of water quality and a 
destruction of wildlife and its habitat.
  Now, fortunately, over the last two decades we have also come to 
understand that humans can have a positive influence on the 
environment, and that we can, if we choose, assist nature to repair 
much of the damage which has been done.
  We now treat sewage before it enters our waters. We ban toxic 
chemicals that were killing the wildlife, we have initiated programs to 
reduce nonpoint source pollution, and we have taken aggressive steps to 
restore depleted fisheries.
  The States of Maryland, Virginia, and Pennsylvania deserve much of 
the credit for undertaking many of the actions that have put the bay 
and its watershed on the road to recovery.
  All three States have had major cleanup programs. They have made 
significant commitments in terms of resources. It is an important 
priority item on the agendas of the bay States. Successive 
administrations--Governors have been strongly committed, State 
legislatures, the public. There are a number of private organizations--
the Chesapeake Bay Foundation, for example--which do extraordinarily 
good work in this area.
  But there has been an involvement of the Federal Government as well 
in helping to bring about the recent successes. It has been an 
essential and critical involvement.
  Without the Federal Clean Water Act, the Federal ban on DDT, and 
EPA's watershed-wide coordination of Chesapeake Bay restoration and 
cleanup activities, we would not have been able to bring about the 
concerted effort, the real partnership, that is succeeding in improving 
the water quality of the bay and is succeeding in bringing back many of 
the fish and wildlife species that were on their way to simply being a 
memory.
  So there has been an important role that has been played by the 
National Government in serving as a catalyst to bring together the 
State and local effort and the private sector effort. An extraordinary 
partnership has been built that is much greater than the sum of its 
parts.
  There is a dynamic element that has resulted, as a consequence, that 
has enabled us to gain a significant momentum in raising the quality of 
the Chesapeake Bay to the benefit of everyone.
  The Chesapeake Bay is getting cleaner, but we cannot afford to be 
complacent. There are tremendous stresses imposed upon the bay. This is 
a fast-growing area of the country, with increased population. The 
commercial stresses intensify.
  So we need to address the continuing needs of the bay restoration 
effort. The hard work, investment, and commitment, at all levels, which 
has brought gains over the last two decades, must not be allowed to 
relax.
  The measures I am introducing today are designed to build upon our 
National Government's past role in the Chesapeake Bay program, the 
highly successful Federal-State-local partnership to which I made 
reference, that so ably coordinates and directs efforts to restore the 
bay.
  The proposed legislation reauthorizes the bay program and expands the 
responsibilities of the Federal agencies with a stake in the future of 
the bay so as to address continuing trouble spots in the watershed.
  Difficulties identified by the Chesapeake Bay community include loss 
of wetlands and forests, soil erosion, toxics, nuisance species, and 
shellfish disease.
  Let me just outline briefly how these various measures seek to 
accomplish this. First among this package of five bills is legislation 
that carries forward and enhances the role of the Environmental 
Protection Agency as the lead Federal agency committed to cleaning up 
the bay. It establishes a mechanism for interagency coordination and 
cooperation in the Chesapeake Bay restoration efforts.
  The proposal also calls on EPA to initiate new programs to conduct 
watershed-wide research, programs to restore essential habitat, and 
programs to reduce toxics in the watershed.
  Another bill in this package directs the Coast Guard to develop 
guidelines for ships entering U.S. waters, to limit the opportunity for 
the introduction of potentially harmful nonindigenous species through 
ballast water releases.
  In other words, the bay is a ship artery. It is a commercial 
waterway. The Port of Baltimore is one of our Nation's leading ports. 
Ships coming into the Chesapeake Bay often release ballast water. The 
concern is that in the course of doing so they will release into the 
bay species that are nonindigenous to the bay. In other words, species 
that had been taken on elsewhere in the world and then would be 
released into the bay to its detriment.
  In fact, this legislation builds on the program undertaken in the 
Great Lakes where nonindigenous species, such as the zebra mussel, are 
already causing millions of dollars in damage. We want to avoid such a 
situation developing in the Chesapeake Bay, and this provision giving 
the Coast Guard a role to play with respect to the release of ballast 
water is important in that regard.
  Third, the package of legislation continues NOAA's role as the 
Federal agency responsible for providing key marine research in the 
Chesapeake Bay. It directs NOAA to continue to undertake research on 
and to develop solutions for the diseases that have ravaged oyster 
fisheries throughout the United States and, in particular, in the 
Chesapeake Bay. We have been very hard hit by these diseases that have 
virtually decimated the oyster industry. NOAA is the agency to carry 
forward this key marine research.
  Fourth, the package of legislation calls on the Army Corps of 
Engineers to provide assistance to State and local governments in the 
design and construction of water-related infrastructure, and to assist 
in developing resource protection projects. 

[[Page S8552]]

  Let me just give an example of the projects I am talking about. The 
beneficial use of dredge material which offers a win-win situation. We 
have to dredge the bay channels for shipping purposes. There is a 
problem with the disposal of the spoil from that dredging. We now 
realize that if we move it to eroding islands, we can rebuild the 
islands. In other words, you have a disposal site so that you dispose 
of it in a way that is beneficial to the environment by renewing 
habitat.
  We also are interested in the corps addressing sediment and erosion 
control questions, the protection of eroding shoreline, and the 
protection of essential public works such as waste water treatment and 
water supply facilities.
  The final piece of legislation in this package directs the U.S. 
Department of Agriculture, acting through the Natural Resources 
Conservation Service and through the Forest Service, to encourage the 
planting of streamside forests in the Chesapeake Bay watershed and in 
other conservation priority areas. In other words, we encourage the 
planting of forest buffers, which then help to limit the pollution of 
water resources by reducing the entry of nonpoint pollutants into 
streams, and by stabilizing stream banks.
  It is a very important and worthwhile program. By planting these 
buffer zones of trees we are able to stabilize the stream bank, and 
also filter out pollutants which otherwise would go into the bodies of 
water.
  Mr. President, it is the hope of the cosponsors that most of these 
measures will ultimately be incorporated into larger pieces of 
legislation that are due to be reauthorized or considered this year. 
However, if such legislation is not considered or should become stalled 
in the legislative process--the larger legislation covers a whole range 
of issues--it is our intention to try to move forward with this 
legislation separately.
  The Chesapeake Bay cleanup effort has been a major bipartisan 
undertaking in this body. It has consistently, over the years, been 
strongly supported by virtually all Members of the Senate. I strongly 
urge my colleagues to join with us in supporting this legislation and 
contributing to the improvement and the enhancement of one of our 
Nation's most valuable and treasured natural resources.
  Mr. President, I ask unanimous consent that the text of these bills 
and a section-by-section analysis of the bills be printed in the 
Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                 S. 934

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

     SECTION 1. CHESAPEAKE BAY ENVIRONMENTAL RESTORATION AND 
                   PROTECTION PROGRAM.

       (a) Establishment.--
       (1) In general.--The Secretary of the Army (referred to in 
     this section as the ``Secretary'') shall establish a pilot 
     program to provide environmental assistance to non-Federal 
     interests in the Chesapeake Bay watershed.
       (2) Form.--The assistance shall be in the form of design 
     and construction assistance for water-related environmental 
     infrastructure and resource protection and development 
     projects affecting the Chesapeake Bay estuary, including 
     projects for sediment and erosion control, protection of 
     eroding shorelines, protection of essential public works, 
     wastewater treatment and related facilities, water supply and 
     related facilities, and beneficial uses of dredged material, 
     and other related projects that may enhance the living 
     resources of the estuary.
       (b) Public Ownership Requirement.--The Secretary may 
     provide assistance for a project under this section only if 
     the project is publicly owned, and will be publicly operated 
     and maintained.
       (c) Local Cooperation Agreement.--
       (1) In general.--Before providing assistance under this 
     section, the Secretary shall enter into a local cooperation 
     agreement with a non-Federal interest to provide for design 
     and construction of the project to be carried out with the 
     assistance.
       (2) Requirements.--Each local cooperation agreement entered 
     into under this subsection shall provide for--
       (A) the development by the Secretary, in consultation with 
     appropriate Federal, State, and local officials, of a 
     facilities or resource protection and development plan, 
     including appropriate engineering plans and specifications 
     and an estimate of expected resource benefits; and
       (B) the establishment of such legal and institutional 
     structures as are necessary to ensure the effective long-term 
     operation and maintenance of the project by the non-Federal 
     interest.
       (d) Cost Sharing.--
       (1) Federal share.--Except as provided in paragraph (2)(B), 
     the Federal share of the total project costs of each local 
     cooperation agreement entered into under this section shall 
     be 75 percent.
       (2) Non-federal share.--
       (A) Value of lands, easements, rights-of-way, and 
     relocations.--In determining the non-Federal contribution 
     toward carrying out a local cooperation agreement entered 
     into under this section, the Secretary shall provide credit 
     to a non-Federal interest for the value of lands, easements, 
     rights-of-way, and relocations provided by the non-Federal 
     interest, except that the amount of credit provided for a 
     project under this paragraph may not exceed 25 percent of 
     total project costs.
       (B) Operation and maintenance costs.--The non-Federal share 
     of the costs of operation and maintenance of a project 
     carried out under an agreement under this section shall be 
     100 percent.
       (e) Applicability of Other Federal and State Laws and 
     Agreements.--
       (1) In general.--Nothing in this section waives, limits, or 
     otherwise affects the applicability of any provision of 
     Federal or State law that would otherwise apply to a project 
     carried out with assistance provided under this section.
       (2) Cooperation.--In carrying out this section, the 
     Secretary shall cooperate fully with the heads of appropriate 
     Federal agencies, including--
       (A) the Administrator of the Environmental Protection 
     Agency;
       (B) the Secretary of Commerce, acting through the 
     Administrator of the National Oceanic and Atmospheric 
     Administration;
       (C) the Secretary of the Interior, acting through the 
     Director of the United States Fish and Wildlife Service; and
       (D) the heads of such other Federal agencies and 
     departments and agencies of a State or political subdivision 
     of a State as the Secretary determines to be appropriate.
       (f) Demonstration Project.--The Secretary shall establish 
     at least 1 project under this section in each of the States 
     of Maryland, Virginia, and Pennsylvania. A project 
     established under this section shall be carried out using 
     such measures as are necessary to protect environmental, 
     historic, and cultural resources.
       (g) Report.--Not later than December 31, 1998, the 
     Secretary shall transmit to Congress a report on the results 
     of the program carried out under this section, together with 
     a recommendation concerning whether or not the program should 
     be implemented on a national basis.
       (h) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out this section $30,000,000 for 
     the period consisting of fiscal years 1996 through 1998, to 
     remain available until expended.
                                                                    ____


                                 S. 935

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Riparian Forest Pilot 
     Program Establishment Act''.

     SEC. 2. RIPARIAN FOREST PILOT PROGRAM.

       Section 1231 of the Food Security Act of 1985 (16 U.S.C. 
     3831) is amended--
       (1) by redesignating subsection (g) as subsection (h); and
       (2) by inserting after subsection (f) the following:
       ``(g) Riparian Forest Pilot Program.--
       ``(1) In general.--The Secretary shall establish a program 
     to promote the development of riparian forest buffers in 
     conservation priority areas designated under subsection (f) 
     by entering into contracts to assist owners and operators of 
     lands described in paragraph (2) to improve water quality and 
     living resources in the conservation priority areas.
       ``(2) Eligible lands.--Notwithstanding subsection (b), the 
     Secretary may include in the program established under this 
     subsection any cropland or pasture land that, when converted 
     to a riparian forest buffer consisting of trees, shrubs, or 
     other vegetation, will--
       ``(A)(i) intercept surface runoff, wastewater, and 
     subsurface flows from upland sources for the purpose of 
     removing or buffering the effects of associated nutrients, 
     sediment, organic matter, pesticides, or other pollutants, 
     prior to entry into surface waters or ground water recharge 
     areas; or
       ``(ii) accomplish specific objectives for terrestrial or 
     aquatic habitat identified by the Secretary; and
       ``(B) meet specifications for size, vegetation, and tree 
     species established by the Natural Resources Conservation 
     Service and the Forest Service, in cooperation with 
     appropriate State agencies.
       ``(3) Duration, modification, and extension of contracts.--
     Notwithstanding subsection (e), during calendar years 1996 
     through 2000, the Secretary may, in carrying out the program 
     established under this subsection--
       ``(A) enter into contracts of not more than 20 years;
       ``(B) with the consent of the owner or operator, modify a 
     contract entered into under this subchapter prior to the date 
     of enactment of this paragraph to include land that meets the 
     eligibility criteria of paragraph (2); and
     
[[Page S8553]]

       ``(C) extend a contract entered into or modified under this 
     subchapter with respect to land that meets the eligibility 
     criteria of paragraph (2) for a period of not more than 20 
     years.
       ``(4) Priority for enrollment of eligible lands.--In 
     enrolling lands under the program established under this 
     subchapter, the Secretary shall--
       ``(A) give priority to land that meets the eligibility 
     criteria of paragraph (2); and
       ``(B) to the extent practicable, ensure that at least 20 
     percent of enrolled lands in conservation priority areas 
     designated under subsection (f) meets the eligibility 
     criteria of paragraph (2).
       ``(5) Technical assistance.--Through the Natural Resources 
     Conservation Service and the Forest Service, in cooperation 
     with States that contain conservation priority areas 
     designated under subsection (f), the Secretary shall provide 
     technical assistance for the design, establishment, and 
     maintenance of riparian forest buffers.
       ``(6) Cost-share assistance.--Notwithstanding any other 
     provision of this title, the Secretary may pay not more than 
     100 percent of the cost of the design, establishment, and 
     short-term maintenance of riparian forest buffers consisting 
     of trees, shrubs, or other vegetation under the program 
     established under this subchapter.
       ``(7) Selective harvest.--Notwithstanding any other 
     provision of this title, an owner or operator participating 
     in the program established under this subsection, with the 
     prior approval of the Secretary, may selectively harvest 
     mature timber if the harvest would not prevent accomplishment 
     of the objectives of this subchapter.''.
                                                                    ____


                                 S. 936

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Chesapeake Bay Restoration 
     Act of 1995''.

     SEC. 2. FINDINGS AND PURPOSES.

       (a) Findings.--Congress finds that--
       (1) the Chesapeake Bay is a national treasure and a 
     resource of worldwide significance;
       (2) in recent years, the productivity and water quality of 
     the Chesapeake Bay and the tributaries of the Bay have been 
     diminished by pollution, excessive sedimentation, shoreline 
     erosion, the impacts of growth and development of population 
     in the Chesapeake Bay watershed, and other factors;
       (3) the Federal Government, State governments, the District 
     of Columbia and the governments of political subdivisions of 
     the States with jurisdiction over the Chesapeake Bay 
     watershed have committed to a comprehensive and cooperative 
     program to achieve improved water quality and improvements in 
     the productivity of living resources of the Bay;
       (4) the cooperative program described in paragraph (3) 
     serves as a national model for the management of estuaries; 
     and
       (5) there is a need to expand Federal support for research, 
     monitoring, management, and restoration activities in the 
     Chesapeake Bay and the tributaries of the Bay in order to 
     meet and further the goals and commitments of the Chesapeake 
     Bay Program.
       (b) Purposes.--The purposes of this Act are to--
       (1) expand and strengthen the cooperative efforts to 
     restore and protect the Chesapeake Bay; and
       (2) achieve the goals embodied in the Chesapeake Bay 
     Agreement.

     SEC. 3. CHESAPEAKE BAY.

       Section 117 of the Federal Water Pollution Control Act (33 
     U.S.C. 1267) is amended to read as follows:


                            ``CHESAPEAKE BAY

       ``Sec. 117. (a) Definitions.--In this section:
       ``(1) Chesapeake bay agreement.--The term `Chesapeake Bay 
     Agreement' means the formal, voluntary agreements executed to 
     achieve the goal of restoring and protecting the Chesapeake 
     Bay ecosystem and the living resources of the ecosystem and 
     signed by the Governor of the State of Maryland, the Governor 
     of the Commonwealth of Pennsylvania, the Governor of the 
     Commonwealth of Virginia, the Mayor of the District of 
     Columbia, the chairman of the tri-State Chesapeake Bay 
     Commission, and the Administrator, on behalf of the executive 
     branch of the Federal Government.
       ``(2) Chesapeake bay program.--The term `Chesapeake Bay 
     Program' means the program directed by the Chesapeake 
     Executive Council in accordance with the Chesapeake Bay 
     Agreement.
       ``(3) Chesapeake bay watershed.--The term `Chesapeake Bay 
     watershed' shall have the meaning determined by the 
     Administrator.
       ``(4) Chesapeake executive council.--The term `Chesapeake 
     Executive Council' means the signatories to the Chesapeake 
     Bay Agreement.
       ``(5) Signatory jurisdiction.--The term `signatory 
     jurisdiction' means a jurisdiction of a signatory to the 
     Chesapeake Bay Agreement.
       ``(b) Continuation of Chesapeake Bay Program.--
       ``(1) In general.--In cooperation with the Chesapeake 
     Executive Council (and as a member of the Council), the 
     Administrator shall continue the Chesapeake Bay Program.
       ``(2) Program office.--The Administrator shall maintain in 
     the Environmental Protection Agency a Chesapeake Bay Program 
     Office. The Chesapeake Bay Program Office shall provide 
     support to the Chesapeake Executive Council by--
       ``(A) implementing and coordinating science, research, 
     modeling, support services, monitoring, and data collection 
     activities that support the Chesapeake Bay Program;
       ``(B) making available, through publications, technical 
     assistance, and other appropriate means, information 
     pertaining to the environmental quality and living resources 
     of the Chesapeake Bay Program;
       ``(C) in cooperation with appropriate Federal, State, and 
     local authorities, assisting the signatories to the 
     Chesapeake Bay Agreement that participate in the Chesapeake 
     Bay Program in developing and implementing specific action 
     plans to carry out the responsibilities of the authorities 
     under the Chesapeake Bay Agreement;
       ``(D) assisting the Administrator in coordinating the 
     actions of the Environmental Protection Agency with the 
     actions of the appropriate officials of other Federal 
     agencies and State and local authorities in developing 
     strategies to--
       ``(i) improve the water quality and living resources of the 
     Chesapeake Bay; and
       ``(ii) obtain the support of the appropriate officials of 
     the agencies and authorities in achieving the objectives of 
     the Chesapeake Bay Agreement; and
       ``(E) implementing outreach programs for public 
     information, education, and participation to foster 
     stewardship of the resources of the Chesapeake Bay.
       ``(3) Interagency cooperation and coordination.--
       ``(A) In general.--There is established a Chesapeake Bay 
     Federal Agencies Committee (referred to in this paragraph as 
     the `Committee'). The purposes of the Committee shall be to--
       ``(i) facilitate collaboration, cooperation, and 
     coordination among Federal agencies and programs of Federal 
     agencies in support of the restoration of the Chesapeake Bay;
       ``(ii) ensure the integration of Federal activities 
     relating to the restoration of the Chesapeake Bay with State 
     and local restoration activities, and the restoration 
     activities of nongovernmental entities; and
       ``(iii) provide a framework for activities that effectively 
     focus the expertise and resources of Federal agencies on 
     problems identified by the Committee in such manner as to 
     produce demonstrable environmental results and demonstrable 
     improvements in programs of Federal agencies.
       ``(B) Duties of the committee.--The Committee shall share 
     information, set priorities, and develop and implement plans, 
     programs, and projects for collaborative activities to carry 
     out the following duties:
       ``(i) Reviewing all Federal research, monitoring, 
     regulatory, planning, educational, financial, and technical 
     assistance, and other programs that the Committee determines 
     to be appropriate, that relate to the maintenance, 
     restoration, preservation, or enhancement of the 
     environmental quality and natural resources of the Chesapeake 
     Bay.
       ``(ii) Reviewing each Federal program administered by the 
     head of each participating Federal agency that may influence 
     or contribute to point and nonpoint source pollution and 
     establishing a means for the mitigation of any potential 
     impacts of the pollution.
       ``(iii) Developing and implementing an annual and long-
     range work program that specifies the responsibilities of 
     each Federal agency in meeting commitments and goals of the 
     Chesapeake Bay Agreement.
       ``(iv) Assessing priority needs and making recommendations 
     to the Chesapeake Executive Council for improved 
     environmental and living resources management of the 
     Chesapeake Bay ecosystem.
       ``(C) Appointment of members.--The members of the Committee 
     shall be appointed as follows:
       ``(i) At least 1 member who is an employee of the 
     Environmental Protection Agency shall be appointed by the 
     Administrator.
       ``(ii) At least 1 member who is an employee of the National 
     Oceanic and Atmospheric Administration of the Department of 
     Commerce shall be appointed by the Secretary of Commerce.
       ``(iii) At least 3 members shall be appointed by the 
     Secretary of the Interior, of whom--

       ``(I) 1 member shall be an employee of the United States 
     Fish and Wildlife Service;
       ``(II) 1 member shall be an employee of the National Park 
     Service; and
       ``(III) 1 member shall be an employee of the United States 
     Geological Survey.

       ``(iv) At least 4 members shall be appointed by the 
     Secretary of Agriculture, of whom--

       ``(I) 1 member shall be an employee of the Natural 
     Resources Conservation Service;
       ``(II) 1 member shall be an employee of the Forest Service;
       ``(III) 1 member shall be an employee of the Consolidated 
     Farm Service Agency; and
       ``(IV) 1 member shall be an employee of the Cooperative 
     State Research, Education, and Extension Service.

       ``(v) At least 3 members shall be appointed by the 
     Secretary of Defense, of whom--

       ``(I) at least 2 members shall be employees of the 
     Department of the Army, of whom 1 member shall be an employee 
     of the Army Corps of Engineers; and
       ``(II) 1 member shall be an employee of the Department of 
     the Navy.

       ``(vi) At least 1 member who is an employee of the Federal 
     Highway Administration shall be appointed by the Secretary of 
     Transportation. 
     
[[Page S8554]]

       ``(vii) At least 1 member who is an employee of the Coast 
     Guard shall be appointed by the head of the department in 
     which the Coast Guard is operating.
       ``(viii) At least 1 member shall be appointed by the 
     Secretary of Housing and Urban Development.
       ``(ix) At least 1 member shall be appointed by Board of 
     Regents of the Smithsonian Institution.
       ``(D) Chairperson.--The Committee shall, at the initial 
     meeting of the Committee, and biennially thereafter, select a 
     Chairperson from among the members of the Committee.
       ``(E) Procedures.--The Committee may establish such rules 
     and procedures (including rules and procedures relating to 
     the internal structure and function of the Committee) as the 
     Committee determines to be necessary to best fulfill the 
     responsibilities of the Committee.
       ``(F) Meetings.--The initial meeting of the Committee shall 
     be not later than 60 days after the date of enactment of this 
     subparagraph. Subsequent meetings shall be held on a regular 
     basis at the call of the Chairperson.
       ``(c) Reports.--The Committee shall prepare and submit to 
     the President a report to be submitted to Congress that 
     identifies--
       ``(1) the activities that have been carried out or are 
     being undertaken to carry out the responsibilities of the 
     Federal agency under this section or that are otherwise 
     required under the Chesapeake Bay Program;
       ``(2) planned activities to carry out the responsibilities 
     referred to in paragraph (1); and
       ``(3) the resources provided by the Federal agency to meet 
     the responsibilities of the agency under this section and 
     under the Chesapeake Bay Program.
       ``(d) Interstate Development Plan Grants.--
       ``(1) Authority.--The Administrator shall, at the request 
     of the Governor of a State affected by the interstate 
     management plan developed pursuant to the Chesapeake Bay 
     Program (referred to in this subsection as the `plan'), make 
     a grant for the purpose of implementing the management 
     mechanisms contained in the plan if the State has, within 1 
     year after the date of enactment of the Chesapeake Bay 
     Restoration Act of 1995, approved and committed to implement 
     all or substantially all aspects of the plan. The grants 
     shall be made subject to such terms and conditions as the 
     Administrator considers appropriate.
       ``(2) Submission of proposal.--A State or combination of 
     States may apply for the benefits provided under this 
     subsection by submitting to the Administrator a comprehensive 
     proposal to implement management mechanisms contained in the 
     plan, which shall include--
       ``(A) a description of proposed abatement actions that the 
     State or combination of States commits to take within a 
     specified time period to reduce pollution in the Chesapeake 
     Bay and to meet applicable water quality standards; and
       ``(B) the estimated cost of the abatement actions proposed 
     to be taken during the next fiscal year.

     If the Administrator finds that the proposal is consistent 
     with the plan and the national policies set forth in section 
     101(a), the Administrator shall approve the proposal.
       ``(3) Federal share.--For any fiscal year, the amount of 
     grants made under this subsection shall not exceed 50 percent 
     of the costs of implementing the management mechanisms 
     contained in the plan during the fiscal year and shall be 
     made on the condition that non-Federal sources provide the 
     remainder of the cost of implementing the management 
     mechanisms contained in the plan during the fiscal year.
       ``(4) Administrative costs.--Administrative costs in the 
     form of salaries, overhead, or indirect costs for services 
     provided and charged against programs or projects supported 
     by funds made available under this subsection shall not 
     exceed in any 1 fiscal year an amount equal to 10 percent of 
     the annual Federal grant made to a State under this 
     subsection.
       ``(e) Compliance by Federal Facilities.--
       ``(1) Assessment.--Not later than 1 year after the date of 
     enactment of this subsection, and annually thereafter, the 
     head of each Federal agency that owns or operates a facility 
     (as defined by the Administrator) within the Chesapeake Bay 
     watershed shall perform an assessment of the facility for the 
     purpose of ensuring consistency and compliance with the 
     commitments, goals, and objectives of the Chesapeake Bay 
     Program and the enforceable requirements of this Act.
       ``(2) Contents of assessments.--The assessment referred to 
     in paragraph (1) shall identify any then existing or 
     potential impact on the water quality or living resources of 
     the Chesapeake Bay (or both) by the facility, including any 
     potential land-use impacts of activities related to new 
     development, man-made obstructions to fish passage, shoreline 
     erosion, and ground water and storm water runoff.
       ``(3) State plans and programs.--To the maximum extent 
     practicable, the head of each Federal agency that owns or 
     occupies real property in the Chesapeake Bay watershed shall 
     ensure conformance with any applicable State plan or program 
     to protect environmentally sensitive areas in the Chesapeake 
     Bay watershed.
       ``(4) Report requirements.--As part of each report required 
     under subsection (c)(3), the head of each Federal agency 
     shall include a detailed plan, funding mechanism, and 
     schedule for ensuring compliance with this Act and addressing 
     or mitigating the impacts referred to in paragraph (2).
       ``(f) Habitat Restoration and Enhancement Demonstration 
     Program.--
       ``(1) Establishment of program.--The Administrator, in 
     cooperation with the heads of other appropriate Federal 
     agencies, agencies of States, and political subdivisions of 
     States, shall establish a habitat restoration program in the 
     Chesapeake Bay watershed. The purpose of the program shall be 
     to develop and demonstrate cost-effective techniques for 
     restoring or enhancing wetlands, forest riparian zones, and 
     other types of habitat associated with the Chesapeake Bay and 
     the tributaries of the Chesapeake Bay.
       ``(2) Criteria for identification of areas for habitat 
     restoration.--Not later than 1 year after the date of 
     enactment of this subsection, the Administrator, in 
     consultation with the Chesapeake Executive Council, shall 
     develop criteria to identify areas for habitat restoration, 
     including--
       ``(A) unique, significant, or representative habitat types;
       ``(B) areas that are subject to, or threatened by, habitat 
     loss or habitat degradation (or both) attributable to human 
     or natural causes; and
       ``(C) areas inhabited by endangered, threatened, or rare 
     species, neotropical migratory birds, or species that have a 
     unique function within the Chesapeake Bay ecosystem.
       ``(3) Plan.--Not later than 2 years after the date of 
     enactment of this subsection, the Administrator, in 
     consultation with the Chesapeake Executive Council, shall 
     develop a plan for the restoration of wetlands, contiguous 
     riparian forests, and other habitats within the Chesapeake 
     Bay watershed.
       ``(4) Duties of the administrator.--In carrying out the 
     demonstration program under this subsection, the 
     Administrator, in consultation with the Chesapeake Executive 
     Council, shall--
       ``(A) identify opportunities for the restoration of major 
     habitat resources in the Chesapeake Bay watershed;
       ``(B) characterize the importance of the habitat resources 
     identified pursuant to subparagraph (A) to the health and 
     functioning of the Chesapeake Bay ecosystem;
       ``(C) conduct a prerestoration characterization assessment 
     of each habitat resource identified pursuant to subparagraph 
     (A) to evaluate with respect to the habitat resource--
       ``(i) the potential effectiveness of a restoration effort;
       ``(ii) enhancement options; and
       ``(iii) the cost-effectiveness of each effort or option 
     referred to in clauses (i) and (ii);
       ``(D) consider the degree to which restored and enhanced 
     habitats may--
       ``(i) mitigate the effects of nutrient loading caused by 
     nonpoint source pollution from developed areas and 
     agricultural activities;
       ``(ii) reduce erosion and mitigate flood damage; and
       ``(iii) assist in the protection or recovery of living 
     resources;
       ``(E) ensure coordination with all then existing 
     management, regulatory, and incentive programs;
       ``(F) implement habitat restoration projects on a 
     demonstration basis, including submerged aquatic vegetation 
     plantings, breakwaters, forest buffer strips, and artificial 
     wetlands;
       ``(G) monitor and evaluate the effectiveness of the 
     demonstration projects;
       ``(H) establish and maintain a central clearinghouse to 
     facilitate access to information related to habitat of the 
     Chesapeake Bay watershed, including information relating to 
     habitat location, type, acreage, function, condition and 
     status, and restoration and design techniques and trends 
     related to the information; and
       ``(I) develop and carry out educational programs (including 
     training programs), research programs, and programs for 
     technical assistance to assist in the efforts of State and 
     local governments and private citizens related to habitat 
     restoration and enhancement.
       ``(5) Assistance.--
       ``(A) In general.--In carrying out the demonstration 
     program under this subsection, the Administrator is 
     authorized to provide, in cooperation with the Chesapeake 
     Executive Council, technical assistance and financial 
     assistance in the form of a grant to any State government, 
     interstate entity, local government, or any other public or 
     nonprofit private agency that submits an approved 
     application.
       ``(B) Federal share of grants.--The Federal share of the 
     amount of any grant awarded under this subsection shall be--
       ``(i) with respect to a project conducted by the grant 
     recipient on land owned or leased by the Federal Government, 
     100 percent of the cost of the activities that are the 
     subject of the grant; and
       ``(ii) with respect to a project conducted by the grant 
     recipient on land that is not owned or leased by the Federal 
     Government, 75 percent of the cost of the activities that are 
     the subject of the grant.
       ``(C) Federal share of projects.--The Federal share of any 
     project conducted by the Administrator under this subsection 
     shall be--
       ``(i) with respect to a project conducted on land owned or 
     leased by the Federal Government, 100 percent of the cost of 
     the activities that are the subject of the project; and
       ``(ii) with respect to a project conducted on land that is 
     not owned or leased by the Federal Government, 75 percent of 
     the cost of 

[[Page S8555]]
     the activities that are the subject of the project.
       ``(6) Habitat protection and restoration progress 
     assessment.--Not later than 3 years after the date of 
     enactment of this subsection, and biennially thereafter, the 
     Administrator shall submit a report to Congress concerning 
     the results of the demonstration projects conducted under the 
     habitat restoration demonstration program described in 
     paragraph (1). The report shall also include a summary of 
     scientific information concerning habitat restoration and 
     protection in existence at the time of preparation of the 
     report, and a description of methods, procedures, and 
     processes to assist State and local governments and other 
     interested entities in carrying out projects for the 
     protection and restoration of habitat that the Administrator 
     determines to be appropriate.
       ``(g) Basinwide Toxics Reduction.--
       ``(1) In general.--The Administrator, in cooperation with 
     the Chesapeake Executive Council, shall develop a 
     comprehensive basinwide toxics reduction strategy (referred 
     to in this subsection as the `Strategy'). The Strategy shall, 
     with respect to inputs of toxic pollutants to the Chesapeake 
     Bay and the tributaries of the Bay, establish basinwide 
     reduction objectives and describe actions that are necessary 
     to achieve a multijurisdictional approach to the reduction of 
     the inputs.
       ``(2) Research and monitoring.--The Administrator shall 
     undertake such research and monitoring activities as the 
     Administrator determines to be necessary for the improvement 
     of the understanding of intermedia transfers of toxic 
     pollutants and the ultimate fate of the pollutants within the 
     Chesapeake Bay ecosystem.
       ``(3) Elements of strategy.--The Strategy shall include a 
     process to assist signatory jurisdictions with--
       ``(A) improving the identification of the sources and 
     transport mechanisms of toxic pollutant loadings to the 
     Chesapeake Bay and the tributaries of the Bay from point and 
     nonpoint sources; and
       ``(B) the periodic integration, in a consistent format and 
     manner, of the information obtained pursuant to subparagraph 
     (A) into a toxics loading inventory for the Chesapeake Bay.
       ``(4) Deadline for completion of strategy.--The Strategy 
     shall be completed not later than 2 years after the date of 
     enactment of this subsection.
       ``(5) Federal assistance.--The Administrator, in 
     cooperation with the Chesapeake Executive Council, shall 
     provide such financial and technical assistance as the 
     Administrator determines to be necessary to--
       ``(A) by not later than 1 year after the date of enactment 
     of this subsection, develop a process to assist signatory 
     jurisdictions--
       ``(i) with improving the identification of the sources and 
     transport mechanisms of toxic pollutant loadings to the 
     Chesapeake Bay and the tributaries of the Bay from point and 
     nonpoint sources; and
       ``(ii) with the periodic integration, in a consistent 
     format and manner, of the information obtained pursuant to 
     clause (i) into a toxics loading inventory for the Chesapeake 
     Bay maintained pursuant to the Chesapeake Bay Program 
     (referred to in this subsection as the `Chesapeake Bay 
     Program Toxics Loading Inventory'); and
       ``(B) by not later than 2 years after the date of enactment 
     of this subsection, commence the implementation of toxics 
     reduction, pollution prevention, and management actions 
     designed to achieve the toxics reduction goals of the 
     Chesapeake Bay Agreement.
       ``(6) Actions.--The toxics reduction, pollution prevention, 
     and management actions referred to in paragraph (5)(B) 
     shall--
       ``(A) be based upon the findings and recommendations of a 
     reevaluation of the Strategy; and
       ``(B) include targeted demonstration projects designed to 
     reduce the level of toxic pollutant loadings from major 
     sources identified in the Chesapeake Bay Program Toxics 
     Loading Inventory.
       ``(h) Chesapeake Bay Watershed, Tributary, and River Basin 
     Program.--
       ``(1) In general.--Not later than 180 days after the date 
     of enactment of this subsection, the Administrator, in 
     cooperation with the Chesapeake Executive Council, the 
     Secretary of Commerce (acting through the Administrator of 
     the National Oceanic and Atmospheric Administration), the 
     Secretary of the Interior (acting through the Director of the 
     United States Fish and Wildlife Service), and the heads of 
     such other Federal agencies as the Administrator determines 
     to be appropriate, shall implement a coordinated research, 
     monitoring, and data collection program to--
       ``(A) assess the status of, and trends in, the 
     environmental quality and living resources of the major 
     tributaries, rivers, and streams within the Chesapeake Bay 
     watershed; and
       ``(B) assist in the development of management plans for the 
     waters referred to in subparagraph (A).
       ``(2) Contents of program.--The program referred to in 
     paragraph (1) shall include--
       ``(A) a comprehensive inventory of water quality and living 
     resource data for waters within the Chesapeake Bay watershed;
       ``(B) an assessment of major issues and problems concerning 
     water quality in the Chesapeake Bay watershed, including the 
     extent to which the waters provide for the protection and 
     propagation of a balanced indigenous population of fish, 
     shellfish, and wildlife;
       ``(C) a program to identify sources of water pollution 
     within the Chesapeake Bay watershed, including a system of 
     accounting for sources of nutrients, and the movement of 
     nutrients, pollutants, and sediments through the Chesapeake 
     Bay watershed; and
       ``(D) the development of a coordinated Chesapeake Bay 
     watershed land-use database that incorporates resource 
     inventories and analyses for the evaluation of the effects of 
     different land-use patterns on hydrological cycles, water 
     quality, living resources, and other environmental features 
     as an aid to making sound land-use management decisions.
       ``(3) Management strategies.--In a manner consistent with 
     each applicable deadline established by the Chesapeake 
     Executive Council, the Administrator, in consultation with 
     the Chesapeake Executive Council, shall assist each signatory 
     jurisdiction of the Chesapeake Bay Council in the development 
     and implementation of a management strategy for each of the 
     major tributaries of the Chesapeake Bay, designed for the 
     achievement of--
       ``(A) a reduction, in a manner consistent with the terms of 
     the Chesapeake Bay Agreement, in the quantity of nitrogen and 
     phosphorous entering the main stem Chesapeake Bay; and
       ``(B) the water quality requirements necessary to restore 
     living resources in both the tributaries and the main stem of 
     the Chesapeake Bay.
       ``(4) Assistance.--
       ``(A) In general.--The Administrator, in consultation with 
     the Chesapeake Executive Council, is authorized to provide 
     technical and financial assistance to any State government, 
     interstate entity, local government, or any other public or 
     nonprofit private agency, institution, or organization in the 
     Chesapeake Bay watershed to--
       ``(i) support the research, monitoring, and data collection 
     program under this subsection;
       ``(ii) develop and implement cooperative tributary basin 
     strategies that address the water quality and living resource 
     needs; and
       ``(iii) encourage and coordinate locally based public and 
     private watershed protection and restoration efforts that aid 
     in the development and implementation of programs that 
     complement the tributary basin strategies developed by the 
     Chesapeake Executive Council.
       ``(B) Grants.--
       ``(i) In general.--In providing financial assistance 
     pursuant to subparagraph (A), the Administrator may carry out 
     a grant program. Under the grant program, the Administrator 
     may award a grant to any person (including the government of 
     a State) who submits an application that is approved by the 
     Administrator.
       ``(ii) Federal share.--A grant awarded under this 
     subsection for a fiscal year shall not exceed an amount equal 
     to 75 percent of the total annual cost of carrying out the 
     activities that are the subject of the grant, and be awarded 
     on the condition that the non-Federal share of the costs of 
     the activities referred to in clause (i) is paid from non-
     Federal sources.
       ``(iii) Watershed protection and restoration.--As part of 
     the grant program authorized under this paragraph, the 
     Administrator may award a grant to a signatory jurisdiction 
     to implement a program referred to in subparagraph (A)(iii).
       ``(C) Prioritization.--In carrying out the technical and 
     financial assistance program under this subsection, the 
     Administrator shall give priority to proposals that 
     facilitate the participation of local governments and 
     entities of the private sector in efforts to improve water 
     quality and the productivity of living resources of rivers 
     and streams in the Chesapeake Bay watershed.
       ``(D) Coordination with other federal programs.--The 
     Administrator shall ensure that assistance made available 
     under this subsection--
       ``(i) is consistent with the requirements of other Federal 
     financial assistance programs;
       ``(ii) is provided in coordination with the programs 
     referred to in subparagraph (A); and
       ``(iii) furthers the objectives of the Chesapeake Bay 
     Program.
       ``(i) Study of Chesapeake Bay Program.--Not later than 
     January 1, 1997, the Administrator, in cooperation with the 
     Chesapeake Bay Executive Council, shall complete a study and 
     submit a comprehensive report to Congress on the results of 
     the study. The study and report shall, at a minimum--
       ``(1) evaluate the implementation of the Chesapeake Bay 
     Agreement, including activities of the Federal Government and 
     State and local governments;
       ``(2) determine whether Federal environmental programs and 
     other activities adequately address the priority needs 
     identified in the Chesapeake Bay Agreement;
       ``(3) assess the priority needs required by the Chesapeake 
     Bay Program management strategies and how the priorities are 
     being met; and
       ``(4) make recommendations for the improved management of 
     the Chesapeake Bay Program.
       ``(j) Authorization of Appropriations.--There are 
     authorized to be appropriated to the Environmental Protection 
     Agency to carry out this section $30,000,000 for each of 
     fiscal years 1996 through 2001.''.
                                                                    ____

                                  
[[Page S8556]]


                                 S. 937

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

     SECTION 1. AUTHORIZATIONS OF APPROPRIATIONS.

       Section 2 of the National Oceanic and Atmospheric 
     Administration Marine Fisheries Program Authorization Act 
     (Public Law 98-210; 97 Stat. 1409) is amended--
       (1) by striking subsection (e) and inserting the following 
     new subsection:
       ``(e) Chesapeake Bay Estuarine Resources Office.--
       ``(1) Operation of chesapeake bay estuarine resources 
     office.--Of the sums authorized under subsection (a), to 
     operate the Chesapeake Bay Estuarine Resources Office 
     established under section 307 of the National Oceanic and 
     Atmospheric Administration Authorization Act of 1992 (15 
     U.S.C. 1511d), there are authorized to be appropriated--
       ``(A) $2,500,000 for each of fiscal years 1996 and 1997; 
     and
       ``(B) $3,000,000 for each of fiscal years 1998 through 
     2000.
       ``(2) Funding for oyster disease investigations.--Of the 
     sums authorized under subsection (a), to fund a program of 
     investigations of oyster disease described in subsection (f), 
     there are authorized to be appropriated $3,000,000 for each 
     of fiscal years 1996 through 2000.
       ``(3) Administrative expenses.--Not more than 20 percent of 
     the amounts authorized to be appropriated under this 
     subsection may be used for administrative expenses of the 
     Chesapeake Bay Estuarine Resources Office.''; and
       (2) by adding at the end the following new subsection:
       ``(f) Oyster Disease Investigations.--The Chesapeake Bay 
     Estuarine Resources Office established under section 307 of 
     the National Oceanic and Atmospheric Administration 
     Authorization Act of 1992 (15 U.S.C. 1511d) shall conduct a 
     program of investigations to--
       ``(1) improve the understanding of the etiology of the 
     diseases of the eastern oyster (Crassostrea virginica); and
       ``(2) provide new scientific and management tools to 
     counteract the consequences of diseases of oysters in the 
     coastal waters of the United States, with particular emphasis 
     on diseases of oysters in the Chesapeake Bay.''.

     SEC. 2. AUTHORITIES OF THE DIRECTOR OF THE CHESAPEAKE BAY 
                   ESTUARINE RESOURCES OFFICE.

       Section 307(a) of the National Oceanic and Atmospheric 
     Administration Act of 1992 (15 U.S.C. 1511d(a)) is amended--
       (1) in paragraph (1), by inserting ``and operate'' after 
     ``establish''; and
       (2) by striking paragraph (3) and inserting the following 
     new paragraph:
       ``(3) To carry out this section, the Director may--
       ``(A) appoint such additional personnel as may be 
     necessary; and
       ``(B) transfer funds to another Federal department or 
     agency or provide financial assistance to a department or 
     agency of a State or political subdivision thereof or a 
     nonprofit organization for conducting research, assessment, 
     monitoring, data management, or outreach activities.''.
                                                                    ____


                                 S. 938

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

     SECTION 1. SHORT TITLE; REFERENCES.

       (a) Short title.--This Act may be cited as the ``Chesapeake 
     Bay Ballast Water Management Act of 1995''.
       (b) References.--Whenever in this Act an amendment or 
     repeal is expressed in terms of an amendment to or repeal of 
     a section or other provision, the reference shall be 
     considered to be made to a section or other provision of the 
     Nonindigenous Aquatic Nuisance Prevention and Control Act of 
     1990 (16 U.S.C. 4701 et seq.).

     SEC. 2. AMENDMENTS TO THE NONINDIGENOUS AQUATIC NUISANCE 
                   PREVENTION AND CONTROL ACT OF 1990.

       (a) Aquatic Nuisance Species Control Program.--Section 1101 
     (16 U.S.C. 4711) is amended--
       (1) by striking the heading and inserting the following new 
     heading:

     ``SEC. 1101. AQUATIC NUISANCE SPECIES CONTROL PROGRAM.'';

       (2) by striking subsection (a) and inserting the following 
     new subsection:
       ``(a) Guidelines.--
       ``(1) In general.--Not later than 2 years after the date of 
     enactment of the Ballast Water Management Act of 1995, the 
     Secretary shall issue voluntary guidelines to prevent the 
     introduction and spread of aquatic nuisance species into the 
     waters of the United States that result from the release of 
     ballast water.
       ``(2) Contents of guidelines.--The guidelines issued under 
     this subsection shall--
       ``(A) ensure that, to the maximum extent practicable, 
     ballast water containing aquatic nuisance species is not 
     discharged into the waters of the United States;
       ``(B) take into consideration--
       ``(i) variations in the ecological conditions of coastal 
     waters of the United States; and
       ``(ii) different vessel operating conditions;
       ``(C) not jeopardize the safety of--
       ``(i) any vessel; or
       ``(ii) the crew and passengers of any vessel;
       ``(D) provide for reporting by vessels concerning ballast 
     water practices; and
       ``(E) be based on the best scientific information 
     available.'';
       (3) in subsection (b)--
       (A) by striking the paragraph (3) added by section 
     302(b)(1) of the Water Resources Development Act of 1992 (106 
     Stat. 4839); and
       (B) in the paragraph (3) added by section 4002 of the 
     Oceans Act of 1992 (106 Stat. 5068)--
       (i) by striking ``issue'' and inserting ``promulgate''; and
       (ii) by adding at the end the following: ``Subject to the 
     requirements of this subsection, the Secretary shall, on a 
     periodic basis, promulgate such revised regulations as are 
     necessary to ensure the prevention of the introduction and 
     spread of aquatic nuisance species into the Hudson River.'';
       (4) in subsection (c)--
       (A) by striking ``subsection (b)'' and inserting ``this 
     subsection''; and
       (B) by striking ``(c) Civil Penalties.--'' and inserting 
     the following:
       ``(4) Civil penalties.--'';
       (5) in subsection (d)--
       (A) by striking ``subsection (b)'' and inserting ``this 
     subsection''; and
       (B) by striking ``(d) Criminal Penalties.--'' and inserting 
     the following:
       ``(5) Criminal penalties.--'';
       (6) in subsection (e), by striking ``(e) Consultation With 
     Canada.--'' and inserting the following:
       ``(6) Consultation with canada.--'';
       (7) in subsection (b), by striking ``(b) Authority of 
     Secretary.--(1)'' and inserting the following:
       ``(d) Great Lakes.--
       ``(1) In general.--'';
       (8) in subsection (d) (as redesignated by paragraph (7) of 
     this subsection)--
       (A) in paragraph (1)--
       (i) by striking ``issue'' and inserting ``promulgate''; and
       (ii) by adding at the end the following: ``Subject to the 
     requirements of this subsection, the Secretary shall, on a 
     periodic basis, promulgate such revised regulations as are 
     necessary to ensure the prevention of the introduction and 
     spread of aquatic nuisance species into the Great Lakes.'';
       (B) in paragraph (2)--
       (i) by striking ``(2) The regulations issued under this 
     subsection shall--'' and inserting the following:
       ``(2) Requirements for regulations.--The regulations 
     promulgated under this subsection shall--'';
       (ii) by indenting subparagraphs (A) through (I) 
     appropriately; and
       (iii) in subparagraph (A), by striking ``require'' and 
     inserting ``cover''; and
       (C) in paragraph (6) (as redesignated by paragraph (6) of 
     this subsection), by striking ``the guidelines and 
     regulations'' and inserting ``the regulations promulgated 
     under this subsection''; and
       (9) by inserting after subsection (a) the following new 
     subsections:
       ``(b) Education and Technical Assistance.--At the same time 
     as the Secretary issues voluntary guidelines under subsection 
     (a), the Secretary shall implement multilingual (as defined 
     and determined by the Secretary) education and technical 
     assistance programs and other measures to encourage 
     compliance with the guidelines issued under this subsection. 
     To the extent practicable, in carrying out the programs 
     implemented under this subsection, the Secretary shall 
     arrange to use the expertise, facilities, members, or 
     personnel of established agencies and organizations that have 
     routine contact with vessels, including the Animal and Plant 
     Health Inspection Service of the Department of Agriculture, 
     port administrations, and ship pilots associations.
       ``(c) Report to Congress.--Not later than 3 years after the 
     issuance of guidelines under subsection (a), the Secretary 
     shall submit to the Congress a report concerning--
       ``(1) the effectiveness of the voluntary guidelines; and
       ``(2) the need for a mandatory program to prevent the 
     spread of aquatic nuisance species through the exchange of 
     ballast water.''.
       (b) Ballast Water Control Studies.--
       (1) Heading.--The heading of section 1102 (16 U.S.C. 4712) 
     is amended to read as follows:

     ``SEC. 1102. BALLAST WATER CONTROL STUDIES.''.

       (2) Additional studies.--Section 1102(a) (16 U.S.C. 
     4712(a)) is amended by adding at the end the following new 
     paragraphs:
       ``(4) Ballast release practices.--
       ``(A) Initial study.--Not later than the date of issuance 
     of the guidelines required under section 1101(a), the 
     Secretary shall conduct a study to determine trends in 
     ballast water releases in the Chesapeake Bay and other waters 
     of the United States that the Secretary determines to--
       ``(i) be highly susceptible to invasion from aquatic 
     nuisance species; and
       ``(ii) require further study.
       ``(B) Followup study.--Not later than 2 years after the 
     date of issuance of the guidelines required under section 
     1101(a), the Secretary shall conduct a followup study of the 
     ballast water releases described in subparagraph (A) to 
     determine the extent of compliance with the guidelines and 
     the effectiveness of the guidelines in reducing the 
     introduction and spread of aquatic nuisance species.
       ``(5) Aquatic nuisance invasions.--
       ``(A) Initial study.--Not later than the date of issuance 
     of the guidelines required under section 1101(a), the Task 
     Force shall conduct a study to examine the attributes and 
     patterns of invasions of aquatic nuisance species that occur 
     as a result of ballast 

[[Page S8557]]
     water releases in the Chesapeake Bay and other waters of the United 
     States that the Task Force determines to--
       ``(i) be highly susceptible to invasion from aquatic 
     nuisance species; and
       ``(ii) require further study.
       ``(B) Followup study.--Not later than 2 years after the 
     date of issuance of the guidelines required under section 
     1101(a), the Task Force shall conduct a followup study of the 
     attributes and patterns described in subparagraph (A) to 
     determine the effectiveness of the guidelines in reducing the 
     introduction and spread of aquatic nuisance species.''.
       (c) Naval Ballast Water Program.--Subtitle B (16 U.S.C. 
     4701 et seq.) is amended by adding at the end the following 
     new section:

     ``SEC. 1103. NAVAL BALLAST WATER PROGRAM.

       ``Subject to operational conditions, the Chief of Naval 
     Operations of the Department of the Navy, in consultation 
     with the Secretary, the Task Force, and the International 
     Maritime Organization, shall implement a ballast water 
     management program for the seagoing fleet of the Navy to 
     limit the risk of invasion by nonindigenous species resulting 
     from releases of ballast water.''.
       (d) Authorization of Appropriations.--Section 1301(a) (16 
     U.S.C. 4741(a)) is amended to read as follows:
       ``(a) Prevention of Unintentional Introductions.--There are 
     authorized to be appropriated to develop and implement the 
     provisions of subtitle B--
       ``(1) $500,000 to the department in which the Coast Guard 
     is operating, for the period beginning with fiscal year 1996 
     and ending with fiscal year 2000, to be used by the Secretary 
     to carry out the study under section 1102(a)(4);
       ``(2) $2,000,000 to the Task Force, for the period 
     beginning with fiscal year 1996 and ending with fiscal year 
     2000, to be used by the Director and the Under Secretary (as 
     co-chairpersons of the Task Force) to carry out the study 
     under section 1102(a)(5); and
       ``(3) $1,250,000 to the department in which the Coast Guard 
     is operating, for each of fiscal years 1996 through 2000, to 
     be used by the Secretary for the development and 
     implementation of the guidelines issued under section 1101(a) 
     and the implementation and enforcement of the regulations 
     promulgated under section 1101(d).''.
                                                                    ____


  Chesapeake Bay Restoration Act of 1995--Section-by-Section Analysis


                         section 1. short title

       Establishes the title of the bill as the ``Chesapeake Bay 
     Restoration Act of 1995.''


                    section 2. findings and purpose

       States that the purpose of the Act is to expand and 
     strengthen the cooperative efforts to restore and protect the 
     Chesapeake Bay and to achieve the goals embodied in the 
     Chesapeake Bay Agreement.


                       section 3. chesapeake bay

                              Definitions

       Defines the terms, ``Chesapeake Bay Agreement,'' 
     ``Chesapeake Bay Program,'' ``Chesapeake Bay Watershed,'' 
     ``Chesapeake Executive Council,'' and ``Signatory 
     Jurisdiction.

                 Continuation of Chesapeake Bay Program

       Provides authority for EPA to lead and coordinate federal 
     agency participation in the Chesapeake Bay Program, in 
     cooperation with the Chesapeake Executive Council, and to 
     maintain a Chesapeake Bay Program Office.
       Directs the Chesapeake Bay Program Office to provide 
     support and coordinate federal, state and local efforts in 
     developing strategies and action plans and conducting system-
     wide monitoring and assessment to improve the water quality 
     and living resources of the Bay.
       Establishes a ``Chesapeake Bay Federal Agencies Committee'' 
     to facilitate collaboration, cooperation and coordination 
     among the agencies and programs of the federal government in 
     support of the restoration of Chesapeake Bay.
       Directs the committee to provide to the Congress a report 
     on the activities being undertaken and planned and the 
     resources being provided to assist in the Bay restoration 
     effort.

                   Interstate development plan grants

       Directs the Administrator to continue to make grants to 
     states affected by the interstate management plan developed 
     under the Chesapeake Bay Program if the state has approved 
     and committed to implement the plan.

                     Federal facilities compliance

       Requires each department, agency or instrumentality of the 
     United States which owns or operates facilities within the 
     Bay watershed to perform an annual assessment of their 
     facilities to ensure consistency and compliance with the 
     commitments, goals and objectives of the Bay program. Also 
     requires the agencies to develop a detailed plan, funding 
     mechanism and schedule for addressing or mitigating any 
     potential impacts.

       Habitat Restoration and Enhancement Demonstration Program

       Establishes a habitat restoration and enhancement 
     demonstration program to develop, demonstrate and showcase 
     various low-cost techniques for restoring or enhancing 
     wetlands, forest riparian zones and other types of habitat 
     associated with the Chesapeake Bay and its tributaries.
       Directs the Administrator, in cooperation with the 
     Chesapeake Executive Council, to develop a plan for the 
     protection and conservation of wetlands, contiguous riparian 
     forests and other habitats within the Bay watershed, within 
     two years from the date of enactment of the act.
       Establishes a central clearinghouse to facilitate access to 
     information about Bay watershed habitat locations, types, 
     acreages, status and trends and restoration and design 
     techniques.
       Directs the Administrator to publish and disseminate on a 
     periodic basis a habitat protection and restoration report 
     describing methods, procedures and processes to guide State 
     and local efforts in the protection and restoration of 
     various types of habitat.

                       Basinwide toxics reduction

       Authorizes EPA to assist the States in the implementation 
     of specific actions to reduce toxics use and risks throughout 
     the Bay watershed. Directs the Administrator to assist the 
     States in improving data collection on the sources of toxic 
     pollutants entering the Bay and integrating this information 
     into the Chesapeake Bay Program Toxics Loading Inventory. 
     Also directs the Administrator to begin implementing toxics 
     reduction, pollution prevention and management actions, 
     including targeted demonstration projects, to achieve the 
     toxics reduction goals of the Bay Agreement.

      Chesapeake Bay Watershed, Tributary and River Basin Program

       Authorizes a comprehensive research, monitoring and data 
     collection program to assess the status and trends in the 
     environmental quality and living resources of the major 
     tributaries, rivers and streams within the Chesapeake Bay 
     watershed and to assist in the development of management 
     plans for such waters. Directs the establishment of a system 
     for accounting for sources of nutrients, and the movements of 
     nutrients, pollutants and sediments through the watershed.
       Provides for development of a coordinated Chesapeake Bay 
     watershed land-use database, incorporating resource 
     inventories and analyses, to provide information necessary to 
     plan for and manage growth and development and associated 
     impacts on the Bay system.
       Encourages local and private sector participation in 
     efforts to protect and restore the rivers and streams in the 
     Bay watershed by establishing a technical assistance and 
     small grants program.

               Study of Chesapeake Bay Protection Program

       Directs EPA to undertake an assessment of the Chesapeake 
     Bay Program and evaluate implementation of the Bay Agreement. 
     Also directs EPA to assess priority needs for the Bay and 
     make recommendations for improved management of the program.

                             Authorizations

       Authorizes $30 million for each of fiscal years 1996 
     through 2001 to be appropriated to the EPA to carry out the 
     act.
                                                                    ____


Chesapeake Bay Ballast Water Management Act of 1995--Section-by-Section 
                                Analysis


                         SECTION 1. SHORT TITLE

       Establishes the title of the bill as the ``Ballast 
     Management Act of 1995.''


 SECTION 2. AMENDMENT TO NONINDIGENOUS AQUATIC NUISANCE PREVENTION AND 
                              CONTROL ACT

       Amends the Nonindigenous Aquatic Nuisance Prevention and 
     Control Act of 1990 by adding the following provisions:

                        Ballast water guidelines

       Directs the Secretary of Transportation, acting through the 
     Coast Guard, to develop and publicize voluntary ballast water 
     management guidelines for vessels entering U.S. waters, and 
     to create a reporting mechanism to assess participation.
       Not later than three years after the issuance of the 
     voluntary guidelines, the Secretary must submit a report to 
     Congress on the effectiveness of the guidelines and the need 
     for a mandatory program to prevent the spread of aquatic 
     nuisance species through ballast water.

                          Great Lakes Program

       Continues in effect the existing regulatory program 
     established by the Aquatic Nuisance Species Prevention and 
     Control Act, as amended, for the Great Lakes and Hudson 
     River.

                                Research

       Directs the Secretary and the Aquatic Nuisance Species Task 
     Force to undertake research to establish recent trends in 
     ballast water releases and to examine the attributes and 
     patterns of ballast-mediated invasions in the Chesapeake Bay 
     and other U.S. waters.
       These studies are to be conducted both prior to and two 
     years following the issuance of voluntary guidelines so that 
     the extent of compliance with the guidelines and the 
     effectiveness of the guidelines in reducing the introduction 
     and spread of aquatic nuisance species may be determined.

                             Naval Program

       Directs the Chief of Naval Operations to implement a 
     ballast water management program for the seagoing fleet of 
     the Navy.

                             Authorizations

       Authorizes a total of $2.5 million to the Coast Guard and 
     the Aquatic Nuisance Species Task Force for the conduct of 
     research required by the act.
       Authorizes $1.25 million to the Coast Guard for each of 
     fiscal years 1996 through 2000 for 

[[Page S8558]]
     the development and implementation of voluntary guidelines and the 
     implementation and enforcement of regulations in the Great 
     Lakes and Hudson River.
                                                                    ____


  Chesapeake Bay Estuarine Resources Act of 1995--Section-by-Section 
                                Analysis


               SECTION 1. AUTHORIZATION OF APPROPRIATIONS

       Reauthorizes the National Oceanic and Atmospheric 
     Administration's Chesapeake Bay Estuarine Resources Office 
     through the year 2000.
       Authorizes $3,000,000 for each fiscal year through 2000 for 
     investigations to improve understanding of oyster diseases 
     and provide new scientific and management tools to counteract 
     the consequences of oyster disease.


                 section 2. authorities of the director

       Clarifies the authority of the Office Director to establish 
     that the Office may provide financial assistance to federal, 
     state, and local governments as well as non-profit 
     organizations for the conduct of activities necessary to 
     carry out the act, including research, monitoring and data 
     management.
                                                                    ____


Chesapeake Bay Environmental Restoration and Protection Pilot Program--
                      Section-by-Section Analysis


                           section 1. program

       Instructs the Secretary of the Army to provide assistance 
     to non-federal interests in the form of design and 
     construction assistance for water-related infrastructure and 
     resource protection and development projects affecting the 
     Chesapeake Bay estuary. Such projects include sediment and 
     erosion control, protection of essential public works such as 
     wastewater treatment facilities, use of dredge material for 
     beneficial purposes such as habitat restoration, and other 
     projects that enhance the living resources of the estuary.
       Only publicly owned and operated projects qualify for 
     assistance. The Federal share of the cost of each such 
     projects shall be 75%.
       Directs the Secretary to establish at least one project in 
     each of the states of Maryland, Virginia and Pennsylvania.
       Authorizes $30,000,000 to carry out this section for fiscal 
     years 1996 through 1998, which amount shall remain available, 
     without regard to fiscal year, until expended.
                                                                    ____


  Riparian Forest Buffer Pilot Program Establishment Act--Section-by-
                            Section Analysis


                         section 1. short title

       Establishes the title of the Act as the ``Riparian Forest 
     Pilot Program Establishment Act.''


                section 2. riparian forest pilot program

                               In general

       Amends the Food Security Act Conservation Reserve Program 
     by directing the Secretary of Agriculture to establish a 
     program to promote the development of riparian forest buffers 
     in designated conservation priority areas for the purpose of 
     improving water quality and living resources in such areas.

                             Eligible lands

       Authorizes the Secretary to include in the program crop or 
     pasture land that, when converted to a forest buffer, will 
     intercept the flow of pollutants into surface or ground water 
     or accomplish specific objectives for terrestrial and aquatic 
     habitat identified by the Secretary.

           Duration, modification and extension of contracts

       Authorizes the Secretary to (1) enter into new contracts 
     with land owners or operators for the lease of eligible lands 
     for a period of up to 20 years, (2) modify existing contracts 
     to meet the program eligibility criteria, and (3) extend the 
     duration of existing or modified contracts meeting 
     eligibility criteria for a period of 20 years.

                           Duty of Secretary

       Directs the Secretary, in enrolling lands under the 
     Conservation Reserve Program, to give priority to those lands 
     that meet the criteria for the riparian buffer program, and 
     to ensure, to the extent practicable, that at least 20% of 
     enrolled lands in designated conservation priority areas meet 
     the eligibility criteria.

                          Technical assistance

       Directs the Secretary, acting through the Natural Resources 
     Conservation Service and the Forest Service, to provide 
     technical assistance for the design, establishment and 
     maintenance of forest buffers.

                         Cost share assistance

       Authorizes the Secretary to pay 100 percent of the cost for 
     the design, establishment and short-term maintenance of 
     riparian buffers.

                           Selective harvest

       Permits program participants to selectively harvest mature 
     timber with the approval of the Secretary, provided such 
     harvest does not defeat the purposes of the riparian forest 
     program.
                                 ______