[Congressional Record Volume 143, Number 131 (Friday, September 26, 1997)]
[Senate]
[Pages S10095-S10097]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


          ESTUARY HABITAT RESTORATION PARTNERSHIP ACT OF 1997

 Mr. CHAFEE. Mr. President, yesterday I introduced S. 1222. I 
ask that the text of the bill be printed in the Record.
  The text of the bill follows:

                                S. 1222

       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 ``Estuary Habitat Restoration 
     Partnership Act of 1997''.

     SEC. 2. FINDINGS.

       Congress finds that--
       (1) the estuaries and coastal regions of the United States 
     are home to half the population of the United States;
       (2) the traditions, economy, and quality of life of many 
     communities depend on the natural abundance and health of the 
     estuaries;
       (3) approximately 75 percent of the commercial fish and 
     shellfish of the United States depend on estuaries at some 
     stage in their life cycle;
       (4) the varied habitats of estuaries and other coastal 
     waters provide jobs to 28,000,000 United States citizens in 
     commercial and sport fishing, tourism, recreation, and other 
     industries, with fishing alone contributing $111,000,000,000 
     to the United States economy each year;
       (5) despite the many values of estuaries, estuaries are 
     gravely threatened by estuary habitat alteration and loss;
       (6) the accumulated loss of estuary habitat, reaching over 
     90 percent in some estuaries, threatens the ecological and 
     economic bounty of regions experiencing the loss, and can be 
     reversed only by action to restore lost and degraded estuary 
     habitat;
       (7) the demands on Federal, State, and local funding for 
     estuary habitat restoration activities exceed available 
     resources and prompt serious concerns about the ability of 
     the United States to restore estuary habitat vital to efforts 
     to restore, preserve, and protect the health of estuaries;
       (8) successful restoration of estuaries demands the full 
     coordination of Federal and State estuary habitat restoration 
     programs;
       (9) to succeed in restoring estuaries, it is important to 
     link estuary habitat restoration projects to broader 
     ecosystem planning in order to establish restoration programs 
     that are effective in the long term;
       (10) efficient leveraging of scarce public resources and 
     new and innovative market-based funding for estuary habitat 
     restoration activities would generate real returns on 
     investments for communities through improvement of the 
     vibrancy and health of estuaries;
       (11) the Federal, State, and private cooperation in estuary 
     habitat restoration activities in existence on the date of 
     enactment of this Act should be strengthened and new public 
     and public-private estuary habitat restoration partnerships 
     established; and
       (12) such new partnerships would help ensure the ecological 
     and economic vibrancy of estuaries for the benefit of future 
     generations.

     SEC. 3. PURPOSES.

       The purposes of this Act are--
       (1) to establish a voluntary, community-driven, incentive-
     based program that will catalyze the restoration of 1,000,000 
     acres of estuary habitat by 2010;
       (2) to encourage enhanced coordination and leveraging of 
     Federal, State, and community estuary habitat restoration 
     programs, plans, and studies;
       (3) to establish effective estuary habitat restoration 
     partnerships among public agencies at all levels of 
     government and between the public and private sectors;
       (4) to promote efficient financing of estuary habitat 
     restoration activities to help better leverage limited 
     Federal funding; and
       (5) to develop and enhance monitoring and maintenance 
     capabilities designed to ensure that restoration efforts 
     build on the successes of past and current efforts and 
     scientific understanding.

     SEC. 4. DEFINITIONS.

       In this Act:
       (1) Collaborative council.--The term ``Collaborative 
     Council'' means the interagency council established by 
     section 5.
       (2) Degraded estuary habitat.--The term ``degraded estuary 
     habitat'' means estuary habitat where natural ecological 
     functions have been impaired and normal beneficial uses have 
     been reduced.
       (3) Estuary.--The term ``estuary'' means--
       (A) a body of water in which fresh water from a river or 
     stream meets and mixes with salt water from the ocean; and
       (B) the physical, biological, and chemical elements 
     associated with such a body of water.
       (4) Estuary habitat.--
       (A) In general.--The term ``estuary habitat'' means the 
     complex of physical and hydrologic features and living 
     organisms within estuaries and associated ecosystems.
       (B) Inclusions.--The term ``estuary habitat'' includes salt 
     and fresh water coastal marshes, coastal forested wetlands 
     and other coastal wetlands, tidal flats, natural shoreline 
     areas, shellfish beds, sea grass meadows, kelp beds, river 
     deltas, and river and stream banks under tidal influence.
       (5) Estuary habitat restoration activity.--
       (A) In general.--The term ``estuary habitat restoration 
     activity'' means an activity that results in improving 
     degraded estuary habitat (including both physical and 
     functional restoration), with the goal of attaining a self-
     sustaining, ecologically based system integrated into the 
     surrounding landscape.
       (B) Included activities.--The term ``estuary habitat 
     restoration activity'' includes--
       (i) the reestablishment of physical features and biological 
     and hydrologic functions;
       (ii) except as provided in subparagraph (C)(ii), the 
     cleanup of contamination;
       (iii) the control of nonnative and invasive species;
       (iv) the reintroduction of native or ecologically 
     beneficial species through planting or natural succession; 
     and
       (v) other activities that improve estuary habitat.
       (C) Excluded activities.--The term ``estuary habitat 
     restoration activity'' does not include--
       (i) an act that constitutes mitigation for the adverse 
     effects of an activity regulated or otherwise governed by 
     Federal or State law; or
       (ii) an act that constitutes satisfaction of liability for 
     natural resource damages under any Federal or State law.
       (6) Estuary habitat restoration project.--The term 
     ``estuary habitat restoration project'' means an estuary 
     habitat restoration activity under consideration or selected 
     by the Collaborative Council, in accordance with this Act, to 
     receive financial, technical, or another form of assistance.
       (7) Estuary habitat restoration strategy.--The term 
     ``estuary habitat restoration strategy'' means the estuary 
     habitat restoration strategy developed under section 6(a).
       (8) Federal estuary management or habitat restoration 
     plan.--The term ``Federal estuary management or habitat 
     restoration plan'' means any Federal plan for restoration of 
     degraded estuary habitat that--
       (A) was developed by a public body with the substantial 
     participation of appropriate public and private stakeholders; 
     and
       (B) reflects a community-based planning process.
       (9) Person.--The term ``person'' includes an entity of a 
     Federal, State, or local government, an Indian tribe, an 
     entity organized or existing under the law of a State, and a 
     nongovernmental organization.
       (10) Secretary.--The term ``Secretary'' means the Secretary 
     of the Army, or a designee.
       (11) Under secretary.--The term ``Under Secretary'' means 
     the Under Secretary for Oceans and Atmosphere of the 
     Department of Commerce, or a designee.

     SEC. 5. ESTABLISHMENT OF COLLABORATIVE COUNCIL.

       (a) Collaborative Council.--There is established an 
     interagency council to be known as the ``Estuary Habitat 
     Restoration Collaborative Council''.
       (b) Membership.--The Collaborative Council shall be 
     composed of the Secretary, the Under Secretary, the 
     Administrator of the Environmental Protection Agency, the 
     Secretary of the Interior (acting through the Director of the 
     United States Fish and Wildlife Service), the Secretary of 
     Agriculture, and the Secretary of Transportation, or their 
     designees.
       (c) Convening of Collaborative Council.--The Secretary 
     shall--
       (1) convene the first meeting of the Collaborative Council 
     not later than 30 days after the date of enactment of this 
     Act; and
       (2) convene additional meetings as often as appropriate to 
     ensure that this Act is fully carried out, but not less often 
     than quarterly.
       (d) Collaborative Council Procedures.--
       (1) Quorum.--Three members of the Collaborative Council 
     shall constitute a quorum.
       (2) Voting and meeting procedures.--The Collaborative 
     Council shall establish procedures for voting and the conduct 
     of meetings by the Council.

     SEC. 6. DUTIES OF COLLABORATIVE COUNCIL.

       (a) Estuary Habitat Restoration Strategy.--
       (1) In general.--
       (A) Development.--Not later than 1 year after the date of 
     enactment of this Act, the Collaborative Council, in 
     consultation with representatives from coastal States and 
     nonprofit organizations with expertise in estuary habitat 
     restoration, shall develop an estuary habitat restoration 
     strategy designed to ensure a comprehensive approach to the 
     selection and prioritization of estuary habitat restoration 
     projects and the full coordination of Federal and non-Federal 
     activities related to restoration of estuary habitat.
       (B) Provision of national framework.--The estuary habitat 
     restoration strategy shall provide a national framework for 
     estuary habitat restoration activities by--
       (i) identifying existing estuary habitat restoration plans;
       (ii) integrating overlapping estuary habitat restoration 
     plans; and
       (iii) identifying appropriate processes for the development 
     of estuary habitat restoration plans where needed.
       (2) Integration of previously authorized estuary habitat 
     restoration plans, programs, and partnerships.--In developing 
     the estuary habitat restoration strategy, the Collaborative 
     Council shall--
       (A) conduct a review of--
       (i) Federal estuary management or habitat restoration 
     plans; and

[[Page S10096]]

       (ii) Federal programs established under other law that 
     provide funding for estuary habitat restoration activities;
       (B) develop, based on best management practices, a 
     framework for fully coordinating and streamlining the 
     activities of the Federal plans and programs referred to in 
     subparagraph (A);
       (C) develop a set of proposals for--
       (i) using programs established under this or any other Act 
     to maximize the incentives for the creation of new public-
     private partnerships to carry out estuary habitat restoration 
     projects; and
       (ii) leveraging Federal resources to encourage increased 
     private sector involvement in estuary habitat restoration 
     activities; and
       (D) ensure that the estuary habitat restoration strategy is 
     developed and will be implemented in a manner that is 
     consistent with the findings and requirements of Federal 
     estuary management or habitat restoration plans.
       (3) Elements to be considered.--Consistent with the 
     requirements of this section, the Collaborative Council, in 
     the development of the estuary habitat restoration strategy, 
     shall consider--
       (A) the contributions of estuary habitat to--
       (i) wildlife, including endangered and threatened species, 
     migratory birds, and resident species of an estuary 
     watershed;
       (ii) fish and shellfish, including commercial and sport 
     fisheries;
       (iii) surface and ground water quality and quantity, and 
     flood control;
       (iv) outdoor recreation; and
       (v) other areas of concern that the Collaborative Council 
     determines to be appropriate for consideration;
       (B) the estimated historic losses, estimated current rate 
     of loss, and extent of the threat of future loss or 
     degradation of each type of estuary habitat;
       (C) the most appropriate method for selecting estuary 
     habitat restoration projects essential to--
       (i) the proper protection and preservation of an estuary 
     ecosystem;
       (ii) the implementation of a Federal estuary management or 
     habitat restoration plan; or
       (iii) the selection by the Collaborative Council of an 
     appropriate balance of smaller and larger estuary habitat 
     restoration projects; and
       (D) procedures to minimize duplicative and conflicting 
     application requirements for public and private landowners 
     seeking assistance for estuary habitat restoration 
     activities.
       (4) Community advice.--The Collaborative Council shall seek 
     the advice of experts in restoration of estuary habitat from 
     the private, including nonprofit, sectors to assist in the 
     development of an estuary habitat restoration strategy.
       (5) Public review and comment.--Before adopting a final 
     estuary habitat restoration strategy, the Collaborative 
     Council shall publish in the Federal Register a draft of the 
     estuary habitat restoration strategy and provide an 
     opportunity for public review and comment.
       (b) Establishment of Project Application and Selection 
     Criteria.--
       (1) In general.--Consistent with the other provisions of 
     this section, the Collaborative Council shall establish--
       (A) application procedures to be followed by States and 
     other non-Federal persons to nominate estuary habitat 
     restoration activities for consideration by the Collaborative 
     Council for assistance under this Act;
       (B) criteria for determining eligibility for financial 
     assistance under this Act for an estuary habitat restoration 
     project;
       (C) application procedures and criteria for granting a 
     reduction in the minimum non-Federal share requirement, in 
     accordance with section 7(d)(2); and
       (D) such other criteria as the Collaborative Council 
     determines to be reasonable and necessary in carrying out 
     this Act.
       (2) Proposals.--A proposal for an estuary habitat 
     restoration project shall originate from a non-Federal person 
     and shall require, when appropriate, the approval of State or 
     local agencies.
       (3) Factors to be taken into account.--The criteria 
     established under paragraph (1) shall provide for the 
     consideration of the following factors in determining the 
     eligibility of an estuary habitat restoration project for 
     financial assistance under this Act and in prioritizing the 
     selection of estuary habitat restoration projects by the 
     Collaborative Council:
       (A) Whether the proposed estuary habitat restoration 
     project meets the criteria specified in the estuary habitat 
     restoration strategy.
       (B) The technical merit and feasibility of the proposed 
     estuary habitat restoration project.
       (C) Whether the non-Federal persons proposing the estuary 
     habitat restoration project can provide satisfactory 
     assurances that they will have adequate personnel, funding, 
     and authority to carry out and properly maintain the estuary 
     habitat restoration project.
       (D) Whether, in the State in which a proposed estuary 
     habitat restoration project is to be carried out, there is a 
     State dedicated source of funding for programs to acquire or 
     restore estuary habitat, natural areas, and open spaces.
       (E) Whether the proposed estuary habitat restoration 
     project will encourage the increased coordination and 
     cooperation of Federal, State, and local Government agencies.
       (F) The level of private matching fund or in-kind 
     contributions to the estuary habitat restoration project.
       (G) Whether the proposed habitat restoration project 
     includes a monitoring plan to ensure that short-term and 
     long-term restoration goals are achieved.
       (H) Other factors that the Collaborative Council determines 
     to be reasonable and necessary for consideration.
       (4) Priority estuary habitat restoration projects.--
       (A) Designation.--The Collaborative Council may designate 
     an estuary habitat restoration project as a priority estuary 
     habitat restoration project if, in addition to meeting the 
     selection criteria specified in this section--
       (i) the estuary habitat restoration project addresses a 
     restoration goal identified in the estuary habitat 
     restoration strategy;
       (ii) the estuary habitat restoration project is part of an 
     approved Federal estuary management or habitat restoration 
     plan;
       (iii) the non-Federal share with respect to the estuary 
     habitat restoration project exceeds 50 percent; or
       (iv) there is a nonpoint source program upstream of the 
     estuary habitat restoration project that addresses upstream 
     sources that would otherwise re-impair the restored habitat.
       (B) Effect of designation.--A priority estuary habitat 
     restoration project shall be given a higher priority in 
     receipt of funding under this Act.
       (c) Interim Actions.--
       (1) In general.--Pending completion of the estuary habitat 
     restoration strategy developed under subsection (a), the 
     Collaborative Council may pay the Federal share of the cost 
     of an interim action to carry out an estuary habitat 
     restoration activity.
       (2) Federal share.--The Federal share shall not exceed 25 
     percent.
       (d) Cooperation of Non-Federal Partners.--
       (1) In general.--The Collaborative Council shall not select 
     an estuary habitat restoration project until each non-Federal 
     interest has entered into a written cooperation agreement in 
     accordance with section 221(a) of the Flood Control Act of 
     1970 (42 U.S.C. 1962d-5b(a)).
       (2) Maintenance and monitoring.--A cooperation agreement 
     entered into under paragraph (1) shall provide for 
     maintenance and monitoring of the estuary habitat restoration 
     project to the extent determined necessary by the 
     Collaborative Council.
       (e) Lead Collaborative Council Member.--The Collaborative 
     Council shall designate a lead Collaborative Council member 
     for each proposed estuary habitat restoration project. The 
     lead Collaborative Council member shall have primary 
     responsibility for overseeing and assisting others in 
     implementing the proposed project.
       (f) Agency Consultation and Coordination.--
       (1) In general.--In carrying out this section, the 
     Collaborative Council shall consult with, cooperate with, and 
     coordinate its activities with the activities of other 
     appropriate Federal agencies, as determined by the 
     Collaborative Council.
       (2) Use of coordinating mechanisms.--The Collaborative 
     Council shall work to ensure that Federal agency coordinating 
     and streamlining mechanisms established under other law are 
     fully used in cases in which the Collaborative Council 
     determines the use of the mechanisms to be appropriate.
       (g) Benefits and Costs of Estuary Habitat Restoration 
     Projects.--The Collaborative Council shall evaluate the 
     benefits and costs of estuary habitat restoration projects in 
     accordance with section 907 of the Water Resources 
     Development Act of 1986 (33 U.S.C. 2284).
       (h) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Department of the Army for the 
     administration and operation of the Collaborative Council 
     $4,000,000 for each fiscal year.

     SEC. 7. COST SHARING OF ESTUARY HABITAT RESTORATION PROJECTS.

       (a) In General.--No financial assistance in carrying out an 
     estuary habitat restoration project shall be available under 
     this Act from any Federal agency unless the non-Federal 
     applicant for assistance demonstrates to the satisfaction of 
     the Collaborative Council that the estuary habitat 
     restoration project meets--
       (1) the requirements of this Act; and
       (2) any criteria established by the Collaborative Council 
     under this Act.
       (b) Federal Share.--
       (1) In general.--Except as provided in paragraph (2), for 
     each fiscal year, the Federal share of the cost of an estuary 
     habitat restoration project assisted under this Act shall be 
     not less than 25 percent and not more than 65 percent.
       (2) Increased federal share.--In the case of an estuary 
     habitat restoration project with respect to which the 
     applicant demonstrates need under subsection (d)(2), the 
     Federal share of the cost of the project shall not exceed 75 
     percent.
       (c) Payment of Federal Share Under Other Law.--The 
     Collaborative Council may use funds made available under this 
     Act to pay all or part of the Federal share of the cost of an 
     estuary habitat restoration activity eligible for funding 
     under a program established under another provision of law, 
     if the activity would also be eligible for funding under this 
     Act as an estuary habitat restoration project.

[[Page S10097]]

       (d) Non-Federal Share.--
       (1) In-kind contributions.--The non-Federal share of the 
     cost of an estuary habitat restoration project may be 
     provided in the form of land, easements, rights-of-way, 
     services, or any other form of in-kind contribution 
     determined by the Collaborative Council to be an appropriate 
     contribution equivalent to the monetary amount required for 
     the non-Federal share of the estuary habitat restoration 
     project.
       (2) Reduced non-federal share.--An applicant for assistance 
     in carrying out an estuary habitat restoration project may 
     submit an application for a reduction in the requirement of 
     the payment of a non-Federal share of at least 35 percent, if 
     the applicant submits a statement of need and demonstrates a 
     need for a reduced non-Federal share in accordance with 
     section 103(m) of the Water Resources Development Act of 1986 
     (33 U.S.C. 2213(m)).
       (e) Allocation of Funds by States to Political 
     Subdivisions.--With the approval of the Secretary, a State 
     may allocate to any local government, area wide agency 
     designated under section 204 of the Demonstration Cities and 
     Metropolitan Development Act of 1966 (42 U.S.C. 3334), 
     regional agency, or interstate agency, a portion of any funds 
     disbursed by the Collaborative Council to the State for the 
     purpose of carrying out an estuary habitat restoration 
     project.

     SEC. 8. MONITORING AND MAINTENANCE OF ESTUARY HABITAT 
                   RESTORATION PROJECTS.

       (a) Database of Restoration Project Information.--The Under 
     Secretary shall maintain an appropriate database of 
     information concerning estuary habitat restoration projects 
     funded by the Collaborative Council, including information on 
     project techniques, project completion, monitoring data, and 
     other relevant information.
       (b) Report.--
       (1) In general.--The Collaborative Council shall biennially 
     submit a report to the Committee on Environment and Public 
     Works of the Senate and the Committee on Transportation and 
     Infrastructure of the House of Representatives on the results 
     of activities carried out under this Act.
       (2) Contents of report.--A report under paragraph (1) shall 
     include--
       (A) data on the number of acres of estuary habitat restored 
     under this Act, including the number of projects approved and 
     completed that comprise those acres;
       (B) the percentage of restored estuary habitat monitored 
     under a plan to ensure that short-term and long-term 
     restoration goals are achieved;
       (C) an estimate of the long-term success of varying 
     restoration techniques used in carrying out estuary habitat 
     restoration projects;
       (D) a review of how the Collaborative Council has 
     incorporated the information described in subparagraphs (A) 
     through (C) in the selection and implementation of estuary 
     habitat restoration projects;
       (E) a review of efforts made by the Collaborative Council 
     to maintain an appropriate database of restoration projects 
     funded under this Act; and
       (F) a review of the measures that the Collaborative Council 
     has taken to provide the information described in 
     subparagraphs (A) through (C) to persons with responsibility 
     for assisting in the restoration of estuary habitat.

     SEC. 9. MEMORANDA OF UNDERSTANDING.

       In carrying out this Act, the Collaborative Council may--
       (1) enter into cooperative agreements with persons; and
       (2) execute such memoranda of understanding as are 
     necessary to reflect the agreements.

     SEC. 10. DISTRIBUTION OF APPROPRIATIONS FOR ESTUARY HABITAT 
                   RESTORATION ACTIVITIES.

       The Secretary shall allocate funds made available to carry 
     out this Act based on the need for the funds and such other 
     factors as the Collaborative Council determines to be 
     appropriate to carry out this Act.

     SEC. 11. AUTHORIZATION OF APPROPRIATIONS.

       (a) Authorizations of Appropriations Under Other Law.--
     Funds authorized to be appropriated under section 908 of the 
     Water Resources Development Act of 1986 (33 U.S.C. 2285) and 
     section 206 of the Water Resources Development Act of 1996 
     (33 U.S.C. 2330) may be used by the Secretary in accordance 
     with this Act to assist States and other non-Federal persons 
     in carrying out estuary habitat restoration projects or 
     interim actions under section 6(c).
       (b) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary to carry out this Act--
       (1) $40,000,000 for fiscal year 1999;
       (2) $50,000,000 for fiscal year 2000; and
       (3) $75,000,000 for each of fiscal years 2001 through 2003.

     SEC. 12. GENERAL PROVISIONS.

       (a) Additional Authority for Army Corps of Engineers.--The 
     Secretary--
       (1) may carry out estuary habitat restoration projects as 
     determined by the Collaborative Council; and
       (2) shall give estuary habitat restoration projects the 
     same consideration (as determined by the Collaborative 
     Council) as projects relating to irrigation, navigation, or 
     flood control.
       (b) Inapplicability of Certain Law.--Sections 203, 204, and 
     205 of the Water Resources Development Act of 1986 (33 U.S.C. 
     2231, 2232, 2233) shall not apply to an estuary habitat 
     restoration project selected in accordance with this Act.
       (c) Estuary Habitat Restoration Mission.--The Secretary 
     shall establish restoration of estuary habitat as a primary 
     mission of the Army Corps of Engineers.
       (d) Federal Agency Facilities and Personnel.--
       (1) In general.--Federal agencies may cooperate in carrying 
     out scientific and other programs necessary to carry out this 
     Act, and may provide facilities and personnel, for the 
     purpose of assisting the Collaborative Council in carrying 
     out its duties under this Act.
       (2) Reimbursement from collaborative council.--Federal 
     agencies may accept reimbursement from the Collaborative 
     Council for providing services, facilities, and personnel 
     under paragraph (1).
       (e) Collaborative Council Administrative Expenses and 
     Staffing.--Not later than 180 days after the date of 
     enactment of this Act, the Comptroller General of the United 
     States shall submit to Congress and the Secretary an analysis 
     of the extent to which the Collaborative Council needs 
     additional personnel and administrative resources to fully 
     carry out its duties under this Act. The analysis shall 
     include recommendations regarding necessary additional 
     funding.
       (f) Application of and Consistency With Other Laws.--Except 
     as specifically provided in this Act--
       (1) nothing in this Act supersedes or modifies any Federal 
     law in existence on the date of enactment of this Act; and
       (2) each action by a Federal agency under this Act shall be 
     carried out in a manner that is consistent with such 
     law.

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