[Congressional Record Volume 144, Number 146 (Wednesday, October 14, 1998)]
[Senate]
[Pages S12467-S12477]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          ESTUARY HABITAT RESTORATION PARTNERSHIP ACT OF 1998

  Mr. CRAIG. Mr. President, I ask unanimous consent that the Senate now 
proceed to the consideration of Calendar No. 507, S. 1222.
  The PRESIDING OFFICER. The clerk will report.
  The assistant legislative clerk read as follows:

       A bill (S. 1222) to catalyze restoration of estuary habitat 
     through more efficient financing of projects and enhanced 
     coordination of Federal and non-Federal restoration programs, 
     and for other purposes.

  The PRESIDING OFFICER. Is there objection to the immediate 
consideration of the bill?
  There being no objection, the Senate proceeded to consider the 
bill which had been reported from the Committee on Environment and 
Public Works, with an amendment to strike all after the enacting clause 
and inserting in lieu thereof the following:

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Estuary 
     Habitat Restoration Partnership Act of 1998''.
       (b) Table of Contents.--The table of contents of this Act 
     is as follows:

Sec. 1. Short title; table of contents.

                  TITLE I--ESTUARY HABITAT RESTORATION

Sec. 101. Findings.
Sec. 102. Purposes.
Sec. 103. Definitions.
Sec. 104. Establishment of Collaborative Council.
Sec. 105. Duties of Collaborative Council.
Sec. 106. Cost sharing of estuary habitat restoration projects.
Sec. 107. Monitoring and maintenance of estuary habitat restoration 
              projects.
Sec. 108. Cooperative agreements; memoranda of understanding.
Sec. 109. Distribution of appropriations for estuary habitat 
              restoration activities.
Sec. 110. Authorization of appropriations.
Sec. 111. National estuary program.
Sec. 112. General provisions.

        TITLE II--CHESAPEAKE BAY AND OTHER REGIONAL INITIATIVES

Sec. 201. Chesapeake Bay.
Sec. 202. Chesapeake Bay gateways and watertrails.
Sec. 203. Pfiesteria and other aquatic toxins research and grant 
              program.
Sec. 204. Long Island Sound.

                  TITLE I--ESTUARY HABITAT RESTORATION

     SEC. 101. FINDINGS.

       Congress finds that--
       (1) estuaries provide some of the most ecologically and 
     economically productive habitat for an extensive variety of 
     plants, fish, wildlife, and waterfowl;
       (2) the estuaries and coastal regions of the United States 
     are home to one-half the population of the United States and 
     provide essential habitat for 75 percent of the Nation's 
     commercial fish catch and 80 to 90 percent of its 
     recreational fish catch;
       (3) estuaries are gravely threatened by habitat alteration 
     and loss from pollution, development, and overuse;
       (4) successful restoration of estuaries demands the 
     coordination of Federal, State, and local estuary habitat 
     restoration programs; and
       (5) the Federal, State, local, 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.

     SEC. 102. PURPOSES.

       The purposes of this title are--
       (1) to establish a voluntary program to restore 1,000,000 
     acres of estuary habitat by 2010;
       (2) to ensure coordination 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; and
       (5) to develop and enhance monitoring and research 
     capabilities to ensure that restoration efforts are based on 
     sound scientific understanding.

     SEC. 103. DEFINITIONS.

       In this title:
       (1) Collaborative council.--The term ``Collaborative 
     Council'' means the interagency council established by 
     section 104.
       (2) Degraded estuary habitat.--The term ``degraded estuary 
     habitat'' means estuary

[[Page S12468]]

     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, maritime forests, coastal 
     grasslands, 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 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 related to the restoration of 
     estuary habitat;
       (iii) the control of non-native and invasive species;
       (iv) the reintroduction of native 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 restitution for natural 
     resource damages required 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 title, 
     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 105(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) Secretary.--The term ``Secretary'' means the Secretary 
     of the Army, or a designee.
       (10) Under secretary.--The term ``Under Secretary'' means 
     the Under Secretary for Oceans and Atmosphere of the 
     Department of Commerce, or a designee.

     SEC. 104. 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.--
       (1) In general.--The Collaborative Council shall be 
     composed of the Secretary, the Under Secretary, the 
     Administrator of the Environmental Protection Agency, and the 
     Secretary of the Interior (acting through the Director of the 
     United States Fish and Wildlife Service), or their designees.
       (2) Chairperson; lead agency.--The Secretary, or designee, 
     shall chair the Collaborative Council, and the Department of 
     the Army shall serve as the lead agency.
       (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 title 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. 105. DUTIES OF COLLABORATIVE COUNCIL.

       (a) Estuary Habitat Restoration Strategy.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act, the Collaborative Council, in 
     consultation with non-Federal participants, including 
     nonprofit sectors, as appropriate, 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 coordination of 
     Federal and non-Federal activities related to restoration of 
     estuary habitat.
       (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
       (ii) Federal programs established under other law that 
     provide funding for estuary habitat restoration activities;
       (B) 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) using Federal resources to encourage increased private 
     sector involvement in estuary habitat restoration activities; 
     and
       (C) 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; and
       (C) the most appropriate method for selecting a balance of 
     smaller and larger estuary habitat restoration projects.
       (4) Advice.--The Collaborative Council shall seek advice in 
     restoration of estuary habitat from experts in the private 
     and 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) Project Applications.--
       (1) In general.--An application for an estuary habitat 
     restoration project shall originate from a non-Federal 
     organization and shall require, when appropriate, the 
     approval of State or local agencies.
       (2) Factors to be taken into account.--In determining the 
     eligibility of an estuary habitat restoration project for 
     financial assistance under this title, the Collaborative 
     Council shall consider the following:
       (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 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 amount of private funds or in-kind contributions 
     for 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.--An 
     estuary habitat restoration project shall be given a higher 
     priority in receipt of funding under this title if, in 
     addition to meeting the selection criteria specified in this 
     section--
       (A) the estuary habitat restoration project is part of an 
     approved Federal estuary management or habitat restoration 
     plan;
       (B) the non-Federal share with respect to the estuary 
     habitat restoration project exceeds 50 percent; or
       (C) there is a program within the watershed of the estuary 
     habitat restoration project that addresses sources of water 
     pollution that would otherwise re-impair the restored 
     habitat.
       (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 a non-Federal 
     interest has entered into a written agreement with the 
     Secretary in which it agrees to provide the required non-
     Federal cooperation for the project.
       (2) Nonprofit entities.--Notwithstanding section 221 of the 
     Flood Control Act of 1970 (42 U.S.C. 1962d-5b(b)), for any 
     project undertaken under this section, the Secretary may, 
     after coordination with the official responsible for the

[[Page S12469]]

     political jurisdiction in which a project would occur, allow 
     a nonprofit entity to serve as the non-Federal interest.
       (3) 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.--In carrying out 
     this section, the Collaborative Council shall, as the 
     Collaborative Council determines it to be necessary, consult 
     with, cooperate with, and coordinate its activities with the 
     activities of other appropriate Federal agencies.
       (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 of fiscal years 1999 through 2003.

     SEC. 106. 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 title from any Federal agency unless the non-Federal 
     applicant for assistance demonstrates that the estuary 
     habitat restoration project meets--
       (1) the requirements of this title; and
       (2) any criteria established by the Collaborative Council 
     under this title.
       (b) Federal Share.--The Federal share of the cost of an 
     estuary habitat restoration and protection project assisted 
     under this title shall be not more than 65 percent.
       (c) Non-Federal Share.--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.
       (d) 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 in accordance with this title for the purpose of 
     carrying out an estuary habitat restoration project.

     SEC. 107. 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 under this title, 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 title.
       (2) Contents of report.--A report under paragraph (1) shall 
     include--
       (A) data on the number of acres of estuary habitat restored 
     under this title, 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 information described in 
     subparagraphs (A) through (C) has been incorporated in the 
     selection and implementation of estuary habitat restoration 
     projects;
       (E) a review of efforts made to maintain an appropriate 
     database of restoration projects funded under this title; and
       (F) a review of the measures taken to provide the 
     information described in subparagraphs (A) through (C) to 
     persons with responsibility for assisting in the restoration 
     of estuary habitat.

     SEC. 108. COOPERATIVE AGREEMENTS; MEMORANDA OF UNDERSTANDING.

       In carrying out this title, the Collaborative Council may--
       (1) enter into cooperative agreements with Federal, State, 
     and local government agencies and other persons and entities; 
     and
       (2) execute such memoranda of understanding as are 
     necessary to reflect the agreements.

     SEC. 109. DISTRIBUTION OF APPROPRIATIONS FOR ESTUARY HABITAT 
                   RESTORATION ACTIVITIES.

       The Secretary shall allocate funds made available to carry 
     out this title based on the need for the funds and such other 
     factors as are determined to be appropriate to carry out this 
     title.

     SEC. 110. AUTHORIZATION OF APPROPRIATIONS.

       (a) Authorization 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 title to assist States and other non-Federal 
     persons in carrying out estuary habitat restoration projects 
     or interim actions under section 105(c).
       (b) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary to carry out estuary 
     habitat restoration activities--
       (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. 111. NATIONAL ESTUARY PROGRAM.

       (a) Grants for Comprehensive Conservation and Management 
     Plans.--Section 320(g)(2) of the Federal Water Pollution 
     Control Act (33 U.S.C. 1330(g)(2)) is amended by inserting 
     ``and implementation'' after ``development''.
       (b) Authorization of Appropriations.--Section 320(i) of the 
     Federal Water Pollution Control Act (33 U.S.C. 1330(i)) is 
     amended by striking ``1987'' and all that follows through 
     ``1991'' and inserting the following: ``1987 through 1991, 
     such sums as may be necessary for fiscal years 1992 through 
     1998, and $25,000,000 for each of fiscal years 1999 and 
     2000''.

     SEC. 112. GENERAL PROVISIONS.

       (a) Additional Authority for Army Corps of Engineers.--The 
     Secretary--
       (1) may carry out estuary habitat restoration projects in 
     accordance with this title; and
       (2) shall give estuary habitat restoration projects the 
     same consideration 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, and 2233) shall not apply to an estuary habitat 
     restoration project selected in accordance with this title.
       (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 
     title, and may provide facilities and personnel, for the 
     purpose of assisting the Collaborative Council in carrying 
     out its duties under this title.
       (2) Reimbursement from collaborative council.--Federal 
     agencies may accept reimbursement from the Collaborative 
     Council for providing services, facilities, and personnel 
     under paragraph (1).
       (e) Administrative Expenses and Staffing.--Not later than 
     180 days after the date of enactment of this title, 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 title. The analysis shall include recommendations 
     regarding necessary additional funding.

        TITLE II--CHESAPEAKE BAY AND OTHER REGIONAL INITIATIVES

     SEC. 201. CHESAPEAKE BAY.

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

     ``SEC. 117. CHESAPEAKE BAY.

       ``(a) Definitions.--In this section:
       ``(1) Chesapeake bay agreement.--The term `Chesapeake Bay 
     Agreement' means the formal, voluntary agreements, 
     amendments, directives, and adoption statements executed to 
     achieve the goal of restoring and protecting the Chesapeake 
     Bay ecosystem and the living resources of the ecosystem and 
     signed by the Chesapeake Executive Council.
       ``(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, data collection, and 
     other activities that support the Chesapeake Bay Program;
       ``(B) developing and making available, through 
     publications, technical assistance, and other appropriate 
     means, information pertaining to the environmental quality 
     and living resources of the Chesapeake Bay;
       ``(C) assisting the signatories to the Chesapeake Bay 
     Agreement, in cooperation with appropriate Federal, State, 
     and local authorities, in developing and implementing 
     specific action plans to carry out the responsibilities of 
     the signatories to the Chesapeake Bay Agreement;
       ``(D) 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--

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       ``(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.
       ``(c) Interagency Agreements.--The Administrator may enter 
     into an interagency agreement with a Federal agency to carry 
     out this section.
       ``(d) Technical Assistance and Assistance Grants.--
       ``(1) In general.--In consultation with other members of 
     the Chesapeake Executive Council, the Administrator may 
     provide technical assistance, and assistance grants, to 
     nonprofit private organizations and individuals, State and 
     local governments, colleges, universities, and interstate 
     agencies to carry out this section, subject to such terms and 
     conditions as the Administrator considers appropriate.
       ``(2) Federal share.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     the Federal share of an assistance grant provided under 
     paragraph (1) shall be determined by the Administrator in 
     accordance with Environmental Protection Agency guidance.
       ``(B) Small watershed grants program.--The Federal share of 
     an assistance grant provided under paragraph (1) to carry out 
     an implementing activity under subsection (g)(2) shall not 
     exceed 75 percent of eligible project costs, as determined by 
     the Administrator.
       ``(3) Non-federal share.--An assistance grant under 
     paragraph (1) shall be provided on the condition that non-
     Federal sources provide the remainder of eligible project 
     costs, as determined by the Administrator.
       ``(4) Administrative costs.--Administrative costs 
     (including salaries, overhead, and indirect costs for 
     services provided and charged against projects supported by 
     funds made available under this subsection) incurred by a 
     person described in paragraph (1) in carrying out a project 
     under this subsection during a fiscal year shall not exceed 
     10 percent of the grant made to the person under this 
     subsection for the fiscal year.
       ``(e) Implementation Grants.--
       ``(1) In general.--If a signatory jurisdiction has approved 
     and committed to implement all or substantially all aspects 
     of the Chesapeake Bay Agreement, on the request of the chief 
     executive of the jurisdiction, the Administrator shall make a 
     grant to the jurisdiction for the purpose of implementing the 
     management mechanisms established under the Chesapeake Bay 
     Agreement, subject to such terms and conditions as the 
     Administrator considers appropriate.
       ``(2) Proposals.--A signatory jurisdiction described in 
     paragraph (1) may apply for a grant under this subsection for 
     a fiscal year by submitting to the Administrator a 
     comprehensive proposal to implement management mechanisms 
     established under the Chesapeake Bay Agreement. The proposal 
     shall include--
       ``(A) a description of proposed management mechanisms that 
     the jurisdiction commits to take within a specified time 
     period, such as reducing or preventing pollution in the 
     Chesapeake Bay and to meet applicable water quality 
     standards; and
       ``(B) the estimated cost of the actions proposed to be 
     taken during the fiscal year.
       ``(3) Approval.--If the Administrator finds that the 
     proposal is consistent with the Chesapeake Bay Agreement and 
     the national goals established under section 101(a), the 
     Administrator may approve the proposal for a fiscal year.
       ``(4) Federal share.--The Federal share of an 
     implementation grant provided under this subsection shall not 
     exceed 50 percent of the costs of implementing the management 
     mechanisms during the fiscal year.
       ``(5) Non-federal share.--An implementation grant under 
     this subsection shall be made on the condition that non-
     Federal sources provide the remainder of the costs of 
     implementing the management mechanisms during the fiscal 
     year.
       ``(6) Administrative costs.--Administrative costs 
     (including salaries, overhead, and indirect costs for 
     services provided and charged against projects supported by 
     funds made available under this subsection) incurred by a 
     signatory jurisdiction in carrying out a project under this 
     subsection during a fiscal year shall not exceed 10 percent 
     of the grant made to the jurisdiction under this subsection 
     for the fiscal year.
       ``(f) Compliance of Federal Facilities.--
       ``(1) Subwatershed planning and restoration.--A Federal 
     agency that owns or operates a facility (as defined by the 
     Administrator) within the Chesapeake Bay watershed shall 
     participate in regional and subwatershed planning and 
     restoration programs.
       ``(2) Compliance with agreement.--The head of each Federal 
     agency that owns or occupies real property in the Chesapeake 
     Bay watershed shall ensure that the property, and actions 
     taken by the agency with respect to the property, comply with 
     the Chesapeake Bay Agreement.
       ``(g) Chesapeake Bay Watershed, Tributary, and River Basin 
     Program.--
       ``(1) Nutrient and water quality management strategies.--
     Not later than 1 year after the date of enactment of this 
     subsection, the Administrator, in consultation with other 
     members of the Chesapeake Executive Council, shall ensure 
     that management plans are developed and implementation is 
     begun by signatories to the Chesapeake Bay Agreement for the 
     tributaries of the Chesapeake Bay to achieve and maintain--
       ``(A) the nutrient goals of the Chesapeake Bay Agreement 
     for the quantity of nitrogen and phosphorus entering the main 
     stem Chesapeake Bay;
       ``(B) the water quality requirements necessary to restore 
     living resources in both the tributaries and the main stem of 
     the Chesapeake Bay;
       ``(C) the Chesapeake Bay basinwide toxics reduction and 
     prevention strategy goal of reducing or eliminating the input 
     of chemical contaminants from all controllable sources to 
     levels that result in no toxic or bioaccumulative impact on 
     the living resources that inhabit the Bay or on human health; 
     and
       ``(D) habitat restoration, protection, and enhancement 
     goals established by Chesapeake Bay Agreement signatories for 
     wetlands, forest riparian zones, and other types of habitat 
     associated with the Chesapeake Bay and the tributaries of the 
     Chesapeake Bay.
       ``(2) Small watershed grants program.--The Administrator, 
     in consultation with other members of the Chesapeake 
     Executive Council, may offer the technical assistance and 
     assistance grants authorized under subsection (d) to local 
     governments and nonprofit private organizations and 
     individuals in the Chesapeake Bay watershed to implement--
       ``(A) cooperative tributary basin strategies that address 
     the Chesapeake Bay's water quality and living resource needs; 
     or
       ``(B) locally based protection and restoration programs or 
     projects within a watershed that complement the tributary 
     basin strategies.
       ``(h) Study of Chesapeake Bay Program.--Not later than 
     December 31, 2000, and every 3 years thereafter, the 
     Administrator, in cooperation with other members of the 
     Chesapeake 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) assess the commitments and goals of the management 
     strategies established under the Chesapeake Bay Agreement and 
     the extent to which the commitments and goals are being met;
       ``(2) assess the priority needs required by the management 
     strategies and the extent to which the priority needs are 
     being met;
       ``(3) assess the effects of air pollution deposition on 
     water quality of the Chesapeake Bay;
       ``(4) assess the state of the Chesapeake Bay and its 
     tributaries and related actions of the Chesapeake Bay 
     Program;
       ``(5) make recommendations for the improved management of 
     the Chesapeake Bay Program; and
       ``(6) provide the report in a format transferable to and 
     usable by other watershed restoration programs.
       ``(i) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $30,000,000 for 
     each of fiscal years 1999 through 2003.''.

     SEC. 202. CHESAPEAKE BAY GATEWAYS AND WATERTRAILS.

       (a) Chesapeake Bay Gateways and Watertrails Network.--
       (1) In general.--The Secretary of the Interior (referred to 
     in this section as the ``Secretary''), in cooperation with 
     the Administrator of the Environmental Agency (referred to in 
     this section as the ``Administrator''), shall provide 
     technical and financial assistance, in cooperation with other 
     Federal agencies, State and local governments, nonprofit 
     organizations, and the private sector--
       (A) to identify, conserve, restore, and interpret natural, 
     recreational, historical, and cultural resources within the 
     Chesapeake Bay Watershed;
       (B) to identify and utilize the collective resources as 
     Chesapeake Bay Gateways sites for enhancing public education 
     of and access to the Chesapeake Bay;
       (C) to link the Chesapeake Bay Gateways sites with trails, 
     tour roads, scenic byways, and other connections as 
     determined by the Secretary;
       (D) to develop and establish Chesapeake Bay Watertrails 
     comprising water routes and connections to Chesapeake Bay 
     Gateways sites and other land resources within the Chesapeake 
     Bay Watershed; and
       (E) to create a network of Chesapeake Bay Gateways sites 
     and Chesapeake Bay Watertrails.
       (2) Components.--Components of the Chesapeake Bay Gateways 
     and Watertrails Network may include--
       (A) State or Federal parks or refuges;
       (B) historic seaports;
       (C) archaeological, cultural, historical, or recreational 
     sites; or
       (D) other public access and interpretive sites as selected 
     by the Secretary.
       (b) Chesapeake Bay Gateways Grants Assistance Program.--
       (1) In general.--The Secretary, in cooperation with the 
     Administrator, shall establish a Chesapeake Bay Gateways 
     Grants Assistance Program to aid State and local governments, 
     local communities, nonprofit organizations, and the private 
     sector in conserving, restoring, and interpreting important 
     historic, cultural, recreational, and natural resources 
     within the Chesapeake Bay Watershed.
       (2) Criteria.--The Secretary, in cooperation with the 
     Administrator, shall develop appropriate eligibility, 
     prioritization, and review criteria for grants under this 
     section.
       (3) Matching funds and administrative expenses.--A grant 
     under this section--
       (A) shall not exceed 50 percent of eligible project costs;
       (B) shall be made on the condition that non-Federal 
     sources, including in-kind contributions of services or 
     materials, provide the remainder of eligible project costs; 
     and
       (C) shall be made on the condition that not more than 10 
     percent of all eligible project costs be used for 
     administrative expenses.
       (c) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry

[[Page S12471]]

     out this section $3,000,000 for each of fiscal years 1999 
     through 2003.

     SEC. 203. PFIESTERIA AND OTHER AQUATIC TOXINS RESEARCH AND 
                   GRANT PROGRAM.

       (a) In General.--The Administrator of the Environmental 
     Protection Agency, the Secretary of Commerce (acting through 
     the Director of the National Marine Fisheries Service of the 
     National Oceanic and Atmospheric Administration), the 
     Secretary of Health and Human Services (acting through the 
     Director of the National Institute of Environmental Health 
     Sciences and the Director of the Centers for Disease Control 
     and Prevention), and the Secretary of Agriculture shall--
       (1) establish a research program for the eradication or 
     control of Pfiesteria piscicida and other aquatic toxins; and
       (2) make grants to colleges, universities, and other 
     entities in affected States for the eradication or control of 
     Pfiesteria piscicida and other aquatic toxins.
       (b) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $5,000,000 for 
     each of fiscal years 1999 and 2000.

     SEC. 204. LONG ISLAND SOUND.

       Section 119(e) of the Federal Water Pollution Control Act 
     (33 U.S.C. 1269(e)) is amended--
       (1) in paragraph (1), by striking ``1991 through 2001'' and 
     inserting ``1999 through 2003''; and
       (2) in paragraph (2), by striking ``not to exceed 
     $3,000,000 for each of the fiscal years 1991 through 2001'' 
     and inserting ``$10,000,000 for each of fiscal years 1999 
     through 2003''.


                           Amendment No. 3824

 (Purpose: To authorize appropriations for the National Environmental 
            Waste Technology Testing and Evaluation Center)

  Mr. CRAIG. Mr. President, Senator Baucus has an amendment at the 
desk, and I ask for its immediate consideration.
  The PRESIDING OFFICER. The clerk will report.
  The assistant legislative clerk read as follows:

       The Senator from Idaho [Mr. Craig], for Mr. Baucus, for 
     himself and Mr. Burns, proposes an amendment numbered 3824.

  The amendment is as follows:

       At the appropriate place, insert the following:

     SEC.   . NATIONAL ENVIRONMENTAL WASTE TECHNOLOGY TESTING AND 
                   EVALUATION CENTER.

       (a) In General.--The Administrator of the Environmental 
     Protection Agency is authorized to provide financial 
     assistance to the National Environmental Waste Technology 
     Testing and Evaluation Center in Butte, Montana.
       (b) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $10,000,000 for 
     each of fiscal years 1998 through 2002.

  Mr. GRAHAM. Mr. President, I would like to express my support of S. 
1222, the Estuary Habitat Restoration Partnership Act of 1998 which we 
are about to pass. I am co-sponsor of the original version of this 
bill, and I am also a co-sponsor of S. 1321, introduced by Senator 
Torricelli of New Jersey, which reauthorizes and provides funding for 
the National Estuary Program. A modified version of S. 1321 is included 
in the version of S. 1222 that we are reviewing today. The Estuary 
Habitat Restoration Partnership Act of 1998 will invigorate our 
existing programs to protect and restore our nations' estuaries.
  The Florida coastline boasts some of the richest estuarine areas in 
the world. These brackish waters, with their mangrove forests and 
seagrass beds, provide an irreplaceable link in the life cycle of many 
species, both marine and terrestrial. Florida's commercial fishing 
industry relies on these estuaries because they support the nurseries 
for the most commercially harvested fish.
  Today, many of Florida's estuaries have been damaged from the impacts 
of increased development, non-point source pollution, and increased 
nutrient loads. Four of Florida's estuaries are currently a part of the 
National Estuary Program (NEP)--Sarasota Bay, Indian River Lagoon, 
Tampa Bay, and Charlotte Harbor. The NEP is charged with the 
responsibility of addressing point and not-point sources of pollution 
in addition to restoring and maintaining the chemical, physical, and 
biological integrity and maximizing the ecological and economic 
productivity of our nation's estuaries. The NEP has been working over 
the last twelve years to develop implementation plans for the 28 
estuaries in the program that will achieve these goals. In testimony 
before the Appropriations Subcommittee on the VA-HUD and Independent 
Agencies, the Association of National Estuary Programs testified that 
today, 17 of the NEP estuaries are in the implementation phase of their 
programs and it is anticipated that by 1999 the entire national program 
will have reached the implementation phase.
  Three of the four Florida estuaries in this program have reached the 
implementation phase of their restoration plans. The Sarasota Bay 
National Estuary Program began in 1988. It identified several key focus 
areas for restoration: reducing nitrogen pollution to increase sea 
grass coverage; constructing salt water wetlands; and building 
artificial reefs specifically for juvenile fish habitat. Since 1988, 
nitrogen pollution to the Bay has been reduced by 28-38 percent, with 
approximately 22 percent of the lost sea grasses and 6 percent of the 
lost salt water wetlands being restored. It is estimated that Sarasota 
Bay now supports an additional 49 million fish, 33 million crabs, and 
150 million shrimp than it supported 10 years ago.
  The continuation of our success is essential to the state of Florida. 
As I mentioned, our estuarine systems are home to marine and 
terrestrial species that form the cornerstone of critical natural 
habitats. They also are extremely valuable to the state's economy. For 
example, as Professor Walter Milon of the University of Florida 
testified on July 9 before the Environment and Public Works Committee, 
the Indian River Lagoon estuary stretches 156 miles along Florida's 
east coast, covering five counties which are home to more than 1 
million permanent residents and more than 6 million visitors each year. 
The number of residents in this region is expected to increase by 24 
percent between 1995 and 2005, increasing stress on this fragile 
system. Dr. Milon indicated that recreational fishing contributes 
approximately $340 million per year to the local economy; swimming, 
boating, water sports, and nature observation activities contribute 
approximately $287 million each year; commercial fishing of clams, 
oysters, and crabs contributed nearly $13 million annually; and 
residential land values were enhanced by approximately $825 million or 
an annual value of $33 million. The lagoon is estimated to bring more 
than $725 million to the local economy each year.

  Together, the provisions of the original S. 1222 and S. 1321 will 
provide authorization for much needed funding to be used for execution 
of these implementation plans. By establishing the concrete goal of 
restoring 1,000,000 acres of estuary habitat by 2010 and providing a 
mechanism to achieve this goal, the Estuary Habitat Restoration 
Partnership Act of 1998 will energize existing local estuary programs 
to make forward progress on habitat restoration. I am particularly 
pleased that provisions exist in today's version of S. 1222 to provide 
funding priority for those estuary habitat restoration projects that 
are part of an approved Federal estuary management or habitat 
restoration plan.
  Today's version of S. 1222 has incorporated S. 1321, which 
reauthorizes the NEP to continue developing and implementing estuary 
restoration plans. However, there are some modifications to the 
original language that Senator Torricelli introduced, including a 
reduction of the funding levels by 50 percent and the length of the 
authorization from 5 years to 2. I understand that one of the items on 
the agenda in the Environment and Public Works Committee for next year 
is to reauthorize the Clean Water Act which will provide an excellent 
opportunity to extend the NEP authorization. I look forward to this 
critical project for the Environment and Public Works Committee.
  Together, the provisions of today's Estuary Habitat Restoration 
Partnership Act of 1998 will provide much needed support to estuary 
restoration efforts in the state of Florida and throughout the nation.
  In addition to the provisions pertaining to our Nation's estuaries, 
today's version of S. 1222 also includes provisions of a bill 
introduced by Senator Faircloth, S. 1219, the Pfisteria Research Act. 
Earlier this year in the Indian River Lagoon area, the estuary system 
had several outbreaks of pfisteria-like disease. This was attributed by 
some to be caused by outbreak of toxic organisms due to increased 
nutrient loading in the estuary waters. In 1996, a ``red tide'' caused 
by algal bloom was believed to have caused the death of 151 manatees 
off the southwest coast of Florida. The research program

[[Page S12472]]

included in today's version of S. 1222 authorizes research into the 
eradication or control of pfisteria and other toxins--an action that 
will provide vital information that may be used to prevent future 
occurrences of aquatic toxin outbreaks.
  I am pleased to offer my support of S. 1222, the Estuary Habitat 
Partnership Restoration Act of 1998.
  Mr. CHAFEE. Mr. President, I rise today in support of S. 1222 the 
Estuary Habitat Restoration Partnership Act of 1998. This bill is the 
culmination of efforts by Senators Breaux, Faircloth, Sarbanes, 
Torricelli, and myself to address the serious problems facing our 
Nation's estuaries. I would like to thank each of my colleagues for 
their diligent work. I would also like to express my appreciation 
toward the 26 cosponsors who also support the bill. Such strong 
bipartisan support is a testament to the extent and severity of the 
problems facing estuaries, and the need for action to restore estuary 
habitat.
  I believe that in order to understand the necessity of this bill, one 
has to realize the immense value of estuaries and estuary habitat. 
Estuaries are formed by the mixing of salt water from the ocean and 
fresh water from rivers and streams. Commonly known as bays, lagoons, 
and sounds, these water bodies and their surrounding wetlands provide 
some of the most ecologically and economically productive habitat in 
the world. Many different plants, waterfowl, fish and wildlife make 
their home in estuaries. In fact, more than half of the neo-tropical 
migratory birds in the United States and a large number of endangered 
and threatened species depend upon estuaries for their survival.
  This high productivity also gives estuaries great economic 
importance. 75 percent of the commercial fish and shellfish catch and 
80 to 90 percent of the recreational fish catch are dependent upon 
estuaries for their survival. The commercial industry contributes $111 
billion per year to the national economy. Tourism is another key 
segment of the economy supported by estuaries. In 1993, 180 million 
Americans, approximately 70 percent of the U.S. population, visited 
estuaries to fish, swim, hunt, dive, view wildlife, bike, and learn. In 
total, approximately 28 million jobs are generated by commercial 
fishing tourism, and other industries based near estuaries and other 
coastal waters.
  The wetlands, marshlands, and grasslands that surround estuaries also 
provide important help and safety benefits. These areas improve water 
quality by filtering terrestrial pollutants before they can contaminate 
shellfish beds and coastal waters. Doctor J. Easly, a natural resource 
economist at North Carolina State University, calculates that one acre 
of tidal estuary has the pollutant filtering and removal capabilities 
of a $115,000 waste treatment plant. Flooding is serious problem facing 
many communities around the nation. Estuary habitat not only cleans the 
water, but can also store large volumes of water and minimize the 
damage caused by flooding. Finally, esturine wetlands and barrier 
islands also serve as buffer zones for coastal areas, reducing erosion 
and storm damage.
  While these biological, economic, health and safety benefits help to 
illustrate the immense value of estuary habitat, I still believe they 
fail to provide a complete picture. Estuaries have a spiritual and 
symbolic importance, demonstrated by the close connection between 
neighboring communities and the bays and sounds. The executive director 
of the Providence Rhode Island Save the Bay Inc., H. Curtis Spalding, 
captured this feeling when he testified that:

       Narragansett Bay is our home. Even if we live miles from 
     its shores, it is part of what makes Rhode Island special. 
     The bay is our life line, it nourishes our environment, 
     strengthens our economy, enhances our leisure time, and 
     protects our children's future.

  Tragically, this life line is unraveling. Commercial and residential 
development are resulting in the physical destruction of many estuaries 
from dredging, draining, bulldozing and paving. Invasive, alien plant 
species have displaced native plants and overgrown estuary systems. 
Restricted tidal flow and freshwater diversions interfere with tidal 
action, impairing the natural cleansing of the bay and harming 
important fisheries.
  Elevated levels of toxics have also been detected in estuary 
sediments, water, and animals. Many of these substances undergo 
``bioaccumulation,'' a process by which toxics from the environment 
become concentrated in the tissue of living animals. Bioaccumulation of 
toxics into seafood can pose a serious risk to human health.
  Nutrient pollution from a variety of sources disrupts aquatic life by 
contributing to an overabundance of algae, lox oxygen levels, and 
massive fish kills. Disease causing microorganisms from animal and 
human waste contaminate productive shellfish beds and recreational 
beach waters, necessitating shellfish bed and beach closings.

  A recent and ominous development is the transformation of naturally 
occurring microorganisms from benign to toxic forms. A specific example 
is Pfiesteria piscicida. Massive fish kills in Maryland, Virginia, and 
North Carolina have been traced to the emergence of a new, predatory 
form of Pfiesteria. This new form actively injects toxins into fish and 
may have the potential to harm human health.
  The impact of these problems on Narragansett Bay is painfully 
apparent. Eel grass beds have declined from thousands of acres to 
roughly 100 acres. Salt marsh acreage has been reduced by half, and all 
of the remaining marshland needs some level of restoration. Fish runs, 
the freshwater rivers and streams needed by many fish to reproduce, 
have been reduced to 15 out of the original 50. In 1996, 36,000 acres 
of shellfish beds were permanently closed or harvest restricted due to 
pathogen contamination. These declines in habitat have contributed to 
the near collapse of many Narragansett Bay fisheries in the past 20 
years, and the loss of millions of dollars in revenue.
  The problems facing Narragansett Bay are not unique to Rhode Island. 
The decline of estuaries is a national tragedy. According to the EPA's 
National Water Quality Inventory, 38 percent of the surveyed estuarine 
square miles are impaired for one or more uses. From colonial times to 
the present, over 55 million acres of coastal wetlands in the 
continental United States have been destroyed. Recent population growth 
in coastal areas has resulted in extensive loss of estuary habitat. San 
Francisco Bay in California has lost 95 percent of its original tidal 
wetlands, and Galveston Bay in Texas has lost 85 percent of its 
original sea grass meadows. Almost half of the U.S. population now 
lives in coastal areas, and the rate of population growth in coastal 
areas is three times that of noncoastal areas. As America's coastal 
population increases, so will the pressures placed upon coastal waters 
and estuaries.
  In response to the grave threats facing our estuaries, the Estuary 
Habitat Restoration Partnership Act of 1998 seeks to both preserve and 
restore these ecological treasures. The bill sets a national goal to 
restore one million acres of estuary habitat by the year 2010. In 
support of this goal, $315 million for fiscal years 1999 through 2003 
will be authorized to carry out estuary habitat restoration projects. 
Given the large scope of our mission, simply handing out money will not 
solve the problem. We must maximize the environmental benefit obtained 
from each dollar spent. By emphasizing coordination, cooperation and 
implementation, the bill ensures that we make the most out of limited 
Federal resources.
  The key to the efficient use of funds is improved coordination. The 
bill establishes an interagency Collaborative Council to facilitate 
coordination between Federal, State, and local programs. The council 
will be composed of the Secretary of the Army, acting through the Army 
Corps of Engineers, the Under Secretary of the National Oceanic and 
Atmospheric Administration, the Administrator of the Environmental 
Protection Agency and the Secretary of the Interior, acting through the 
Fish and Wildlife Service. The Army Corps of Engineers, due to its 
expertise in engineering and management, will chair the council.
  The council, in consultation with State, tribal, and local 
governments as well as nongovernmental entities, will develop a 
national strategy for habitat restoration. One of the primary goals of 
this strategy will be to prevent overlap between programs and insure 
the efficient utilization of resources.

[[Page S12473]]

  The Collaborative Council will also disperse funds to assist 
community groups and other non-Federal entities in developing and 
implementing estuary restoration projects. Applicants will be required 
to obtain approval of State or local agencies, where such approval is 
appropriate, to prevent conflict with local and regional management 
strategies. The Collaborative Council will select estuary habitat 
restoration projects to receive Federal funding. The criteria used to 
select projects will encourage and emphasize several factors. Priority 
will be given to the projects implementing approved Federal estuary 
management restoration plans, and projects with monitoring plans to 
ensure that restoration goals are achieved and sources of pollution 
that would otherwise re-impair the restored habitat are addressed. The 
Council will also consider the quantity and quality of habitat restored 
in relation to the economic cost of the project.
  In order to maximize the benefit of limited Federal resources, and  
encourage partnerships between Federal and non-Federal entities, the 
act will establish a Federal cost-sharing requirement. The Federal 
portion of a restoration project will not exceed 65 percent of the 
total costs, and priority will be given to applications that minimize 
the Federal contribution to the project. The cost-sharing provision of 
the act will preserve the essential role of the Federal Government in 
supporting estuary restoration, while highlighting the importance of 
regional and local involvement. Successful restoration efforts depend 
upon cooperation between public and private sectors. By distributing 
the costs of conservation and restoration, the act will reaffirm the 
importance of States, tribes, local communities, and concerned parties 
in preserving their natural heritage and resources.

  Monitoring and evaluation is a key provision of the bill. The Under 
Secretary of Oceans and Atmosphere will maintain a data base of 
restoration projects to ensure that available information will be 
continually incorporated into habitat restoration projects. In addition 
to maintaining a database, the Council will publish a report to 
Congress detailing the progress made under the act. This report will 
allow for an assessment of the successes and failures of current 
management strategies, with the goal of continually improving 
restoration efforts.
  This legislation will also amend the National Estuary Program 
provision of the Clean Water Act to emphasize implementation and action 
as well as planning. The National Estuary Program was established by 
the 1988 amendments to the Clean Water Act. The program is an important 
partnership among Federal, State, and local governments to protect 
estuaries of national significance threatened by pollution. Under the 
program, governors work with the EPA to designate areas as a National 
Estuaries. Federal money is then provided to State and local 
governments to develop comprehensive conservation and management plans. 
To date, 28 conservation plans have been prepared for designated 
estuaries. While this program has achieved remarkable results, the law 
currently restricts EPA to only funding the development of plans, not 
their implementation. This bill will amend the National Estuary Program 
to allow the EPA to support both the development and implementation of 
conservation plans, and will authorize $25 million for each of fiscal 
years 1999 and 2000. It is important to note that while the Federal 
Government will increase its support for this valuable program, the 
primary responsibility for the implementation of conservation plans 
will rest with State and local governments.
  Key provisions of the bill will also continue and expand existing 
programs. The Chesapeake Bay Program has become a model for other 
estuary restoration and protection programs around the world. EPA`s 
Chesapeake Bay Program office will continue its leadership and 
technology transfer to other groups participating in the National 
Estuary Program. The Chesapeake Bay Program commits States in the bay 
and the Federal Government to reducing the level of nutrients in the 
bay and addressing other key issues in natural resources, water 
quality, population growth, and public access. The bill will authorize 
$30 million for each of fiscal years 1999 through 2003 to help achieve 
these goals. The money will be distributed as implementation grants to 
signatory jurisdictions, and as technical assistance grants to 
nonprofit private organizations and individuals, State, and local 
governments, and interstate agencies. Signatory jurisdictions will also 
be required to update, expand, and begin implementing their tributary 
specific management strategies. EPA will also be provided with new 
authority to ensure that Federal facilities in the watershed 
participate in the Chesapeake Bay Program and contribute to local 
efforts to restore and protect the bay.
  Another positive change in the program will be the addition of the 
Chesapeake Bay gateways and watertrails network. The network will 
consist of important natural, cultural, historical and recreational 
resources linked together in a manner that enhances public education 
and access to the bay. The act will authorize $3 million for each of 
fiscal years 1999 through 2003 in matching grants for bay conservation 
and restoration. The Department of the Interior, in cooperation with 
the EPA, will identify ecologically or culturally significant areas of 
the bay and designate these resources as Chesapeake Bay gateway sites. 
These agencies will then work in partnership with State and local 
governments, nonprofit organizations, and other interested parties, to 
conserve and restore these sites.
  The act also will continue to support is the effort to restore the 
Long Island Sound. A comprehensive conservation and management plan has 
already been developed for this important ecological resource. Over the 
next 15 years, the Long Island sound conservation plan calls for a 
reduction in the amount of nutrients reaching the sound by 60 percent. 
The plan also sets a goal of restoring 2,000 acres of coastal habitat 
and 100 miles of river used by migratory fishes. In support of these 
important efforts, the act will authorize $10 million for each of 
fiscal years 1999 through 2003 to implement this plan.
  Finally, this bill will address the threat that pfiesteria piscicida 
poses to the Nation's waterways. The first toxic outbreak occurred in 
North Carolina in the late 1980's. In recent years, toxic outbreaks 
have occurred in tributaries leading into the Chesapeake Bay. The act 
will authorize $5 million for each of fiscal years 1999 and 2000 to 
establish an interagency research program for the eradication or 
control of pfiesteria and other aquatic toxins.
  When evaluating this bill, I believe it is important to focus on what 
the bill does, and does not, do. The bill does not impose mandates. The 
bill does not create more regulations. And the bill does not require 
the Federal Government to foot the entire bill for estuary restoration. 
What the bill does is provide incentives for States, tribes, local 
governments, and other interested parties to enter into partnerships 
with the Federal Government for environmental preservation. This bill 
builds upon years of planning and focuses on action and implementation 
at the local level, by encouraging communities and individuals to 
become involved in estuary restoration. In short, the bill is a simple 
and direct approach to preserving and restoring some of our Nation's 
most valuable natural resources. By passing this legislation, we are 
making a responsible investment in our Nation's natural and economic 
future. Mr. President, I yield the floor.
  Mr. CRAIG. Mr. President, I ask unanimous consent that the amendment 
be agreed to, the substitute amendment be agreed to, the bill be 
considered read the third time and passed, the motion to reconsider be 
laid upon the table, and that any statements relating to the bill be 
printed in the Record.
  The amendment (No. 3824) was agreed to.
  The committee substitute, as amended, was agreed to.
  The bill (S. 1222), as amended, was read the third time and passed, 
as 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; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Estuary 
     Habitat Restoration Partnership Act of 1998''.
       (b) Table of Contents.--The table of contents of this Act 
     is as follows:

Sec. 1. Short title; table of contents.

[[Page S12474]]

                  TITLE I--ESTUARY HABITAT RESTORATION

Sec. 101. Findings.
Sec. 102. Purposes.
Sec. 103. Definitions.
Sec. 104. Establishment of Collaborative Council.
Sec. 105. Duties of Collaborative Council.
Sec. 106. Cost sharing of estuary habitat restoration projects.
Sec. 107. Monitoring and maintenance of estuary habitat restoration 
              projects.
Sec. 108. Cooperative agreements; memoranda of understanding.
Sec. 109. Distribution of appropriations for estuary habitat 
              restoration activities.
Sec. 110. Authorization of appropriations.
Sec. 111. National estuary program.
Sec. 112. General provisions.

        TITLE II--CHESAPEAKE BAY AND OTHER REGIONAL INITIATIVES

Sec. 201. Chesapeake Bay.
Sec. 202. Chesapeake Bay gateways and watertrails.
Sec. 203. Pfiesteria and other aquatic toxins research and grant 
              program.
Sec. 204. Long Island Sound.
Sec. 205. National Environmental Waste Technology Testing and 
              Evaluation Center.
                  TITLE I--ESTUARY HABITAT RESTORATION

     SEC. 101. FINDINGS.

       Congress finds that--
       (1) estuaries provide some of the most ecologically and 
     economically productive habitat for an extensive variety of 
     plants, fish, wildlife, and waterfowl;
       (2) the estuaries and coastal regions of the United States 
     are home to one-half the population of the United States and 
     provide essential habitat for 75 percent of the Nation's 
     commercial fish catch and 80 to 90 percent of its 
     recreational fish catch;
       (3) estuaries are gravely threatened by habitat alteration 
     and loss from pollution, development, and overuse;
       (4) successful restoration of estuaries demands the 
     coordination of Federal, State, and local estuary habitat 
     restoration programs; and
       (5) the Federal, State, local, 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.

     SEC. 102. PURPOSES.

       The purposes of this title are--
       (1) to establish a voluntary program to restore 1,000,000 
     acres of estuary habitat by 2010;
       (2) to ensure coordination 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; and
       (5) to develop and enhance monitoring and research 
     capabilities to ensure that restoration efforts are based on 
     sound scientific understanding.

     SEC. 103. DEFINITIONS.

       In this title:
       (1) Collaborative council.--The term ``Collaborative 
     Council'' means the interagency council established by 
     section 104.
       (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, maritime forests, coastal 
     grasslands, 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 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 related to the restoration of 
     estuary habitat;
       (iii) the control of non-native and invasive species;
       (iv) the reintroduction of native 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 restitution for natural 
     resource damages required 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 title, 
     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 105(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) Secretary.--The term ``Secretary'' means the Secretary 
     of the Army, or a designee.
       (10) Under secretary.--The term ``Under Secretary'' means 
     the Under Secretary for Oceans and Atmosphere of the 
     Department of Commerce, or a designee.

     SEC. 104. 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.--
       (1) In general.--The Collaborative Council shall be 
     composed of the Secretary, the Under Secretary, the 
     Administrator of the Environmental Protection Agency, and the 
     Secretary of the Interior (acting through the Director of the 
     United States Fish and Wildlife Service), or their designees.
       (2) Chairperson; lead agency.--The Secretary, or designee, 
     shall chair the Collaborative Council, and the Department of 
     the Army shall serve as the lead agency.
       (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 title 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. 105. DUTIES OF COLLABORATIVE COUNCIL.

       (a) Estuary Habitat Restoration Strategy.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act, the Collaborative Council, in 
     consultation with non-Federal participants, including 
     nonprofit sectors, as appropriate, 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 coordination of 
     Federal and non-Federal activities related to restoration of 
     estuary habitat.
       (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
       (ii) Federal programs established under other law that 
     provide funding for estuary habitat restoration activities;
       (B) 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) using Federal resources to encourage increased private 
     sector involvement in estuary habitat restoration activities; 
     and
       (C) 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

[[Page S12475]]

     threat of future loss or degradation of each type of estuary 
     habitat; and
       (C) the most appropriate method for selecting a balance of 
     smaller and larger estuary habitat restoration projects.
       (4) Advice.--The Collaborative Council shall seek advice in 
     restoration of estuary habitat from experts in the private 
     and 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) Project Applications.--
       (1) In general.--An application for an estuary habitat 
     restoration project shall originate from a non-Federal 
     organization and shall require, when appropriate, the 
     approval of State or local agencies.
       (2) Factors to be taken into account.--In determining the 
     eligibility of an estuary habitat restoration project for 
     financial assistance under this title, the Collaborative 
     Council shall consider the following:
       (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 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 amount of private funds or in-kind contributions 
     for 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.--An 
     estuary habitat restoration project shall be given a higher 
     priority in receipt of funding under this title if, in 
     addition to meeting the selection criteria specified in this 
     section--
       (A) the estuary habitat restoration project is part of an 
     approved Federal estuary management or habitat restoration 
     plan;
       (B) the non-Federal share with respect to the estuary 
     habitat restoration project exceeds 50 percent; or
       (C) there is a program within the watershed of the estuary 
     habitat restoration project that addresses sources of water 
     pollution that would otherwise re-impair the restored 
     habitat.
       (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 a non-Federal 
     interest has entered into a written agreement with the 
     Secretary in which it agrees to provide the required non-
     Federal cooperation for the project.
       (2) Nonprofit entities.--Notwithstanding section 221 of the 
     Flood Control Act of 1970 (42 U.S.C. 1962d-5b(b)), for any 
     project undertaken under this section, the Secretary may, 
     after coordination with the official responsible for the 
     political jurisdiction in which a project would occur, allow 
     a nonprofit entity to serve as the non-Federal interest.
       (3) 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.--In carrying out 
     this section, the Collaborative Council shall, as the 
     Collaborative Council determines it to be necessary, consult 
     with, cooperate with, and coordinate its activities with the 
     activities of other appropriate Federal agencies.
       (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 of fiscal years 1999 through 2003.

     SEC. 106. 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 title from any Federal agency unless the non-Federal 
     applicant for assistance demonstrates that the estuary 
     habitat restoration project meets--
       (1) the requirements of this title; and
       (2) any criteria established by the Collaborative Council 
     under this title.
       (b) Federal Share.--The Federal share of the cost of an 
     estuary habitat restoration and protection project assisted 
     under this title shall be not more than 65 percent.
       (c) Non-Federal Share.--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.
       (d) 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 in accordance with this title for the purpose of 
     carrying out an estuary habitat restoration project.

     SEC. 107. 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 under this title, 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 title.
       (2) Contents of report.--A report under paragraph (1) shall 
     include--
       (A) data on the number of acres of estuary habitat restored 
     under this title, 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 information described in 
     subparagraphs (A) through (C) has been incorporated in the 
     selection and implementation of estuary habitat restoration 
     projects;
       (E) a review of efforts made to maintain an appropriate 
     database of restoration projects funded under this title; and
       (F) a review of the measures taken to provide the 
     information described in subparagraphs (A) through (C) to 
     persons with responsibility for assisting in the restoration 
     of estuary habitat.

     SEC. 108. COOPERATIVE AGREEMENTS; MEMORANDA OF UNDERSTANDING.

       In carrying out this title, the Collaborative Council may--
       (1) enter into cooperative agreements with Federal, State, 
     and local government agencies and other persons and entities; 
     and
       (2) execute such memoranda of understanding as are 
     necessary to reflect the agreements.

     SEC. 109. DISTRIBUTION OF APPROPRIATIONS FOR ESTUARY HABITAT 
                   RESTORATION ACTIVITIES.

       The Secretary shall allocate funds made available to carry 
     out this title based on the need for the funds and such other 
     factors as are determined to be appropriate to carry out this 
     title.

     SEC. 110. AUTHORIZATION OF APPROPRIATIONS.

       (a) Authorization 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 title to assist States and other non-Federal 
     persons in carrying out estuary habitat restoration projects 
     or interim actions under section 105(c).
       (b) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary to carry out estuary 
     habitat restoration activities--
       (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. 111. NATIONAL ESTUARY PROGRAM.

       (a) Grants for Comprehensive Conservation and Management 
     Plans.--Section

[[Page S12476]]

     320(g)(2) of the Federal Water Pollution Control Act (33 
     U.S.C. 1330(g)(2)) is amended by inserting ``and 
     implementation'' after ``development''.
       (b) Authorization of Appropriations.--Section 320(i) of the 
     Federal Water Pollution Control Act (33 U.S.C. 1330(i)) is 
     amended by striking ``1987'' and all that follows through 
     ``1991'' and inserting the following: ``1987 through 1991, 
     such sums as may be necessary for fiscal years 1992 through 
     1998, and $25,000,000 for each of fiscal years 1999 and 
     2000''.

     SEC. 112. GENERAL PROVISIONS.

       (a) Additional Authority for Army Corps of Engineers.--The 
     Secretary--
       (1) may carry out estuary habitat restoration projects in 
     accordance with this title; and
       (2) shall give estuary habitat restoration projects the 
     same consideration 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, and 2233) shall not apply to an estuary habitat 
     restoration project selected in accordance with this title.
       (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 
     title, and may provide facilities and personnel, for the 
     purpose of assisting the Collaborative Council in carrying 
     out its duties under this title.
       (2) Reimbursement from collaborative council.--Federal 
     agencies may accept reimbursement from the Collaborative 
     Council for providing services, facilities, and personnel 
     under paragraph (1).
       (e) Administrative Expenses and Staffing.--Not later than 
     180 days after the date of enactment of this title, 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 title. The analysis shall include recommendations 
     regarding necessary additional funding.
        TITLE II--CHESAPEAKE BAY AND OTHER REGIONAL INITIATIVES

     SEC. 201. CHESAPEAKE BAY.

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

     ``SEC. 117. CHESAPEAKE BAY.

       ``(a) Definitions.--In this section:
       ``(1) Chesapeake bay agreement.--The term `Chesapeake Bay 
     Agreement' means the formal, voluntary agreements, 
     amendments, directives, and adoption statements executed to 
     achieve the goal of restoring and protecting the Chesapeake 
     Bay ecosystem and the living resources of the ecosystem and 
     signed by the Chesapeake Executive Council.
       ``(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, data collection, and 
     other activities that support the Chesapeake Bay Program;
       ``(B) developing and making available, through 
     publications, technical assistance, and other appropriate 
     means, information pertaining to the environmental quality 
     and living resources of the Chesapeake Bay;
       ``(C) assisting the signatories to the Chesapeake Bay 
     Agreement, in cooperation with appropriate Federal, State, 
     and local authorities, in developing and implementing 
     specific action plans to carry out the responsibilities of 
     the signatories to the Chesapeake Bay Agreement;
       ``(D) 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.
       ``(c) Interagency Agreements.--The Administrator may enter 
     into an interagency agreement with a Federal agency to carry 
     out this section.
       ``(d) Technical Assistance and Assistance Grants.--
       ``(1) In general.--In consultation with other members of 
     the Chesapeake Executive Council, the Administrator may 
     provide technical assistance, and assistance grants, to 
     nonprofit private organizations and individuals, State and 
     local governments, colleges, universities, and interstate 
     agencies to carry out this section, subject to such terms and 
     conditions as the Administrator considers appropriate.
       ``(2) Federal share.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     the Federal share of an assistance grant provided under 
     paragraph (1) shall be determined by the Administrator in 
     accordance with Environmental Protection Agency guidance.
       ``(B) Small watershed grants program.--The Federal share of 
     an assistance grant provided under paragraph (1) to carry out 
     an implementing activity under subsection (g)(2) shall not 
     exceed 75 percent of eligible project costs, as determined by 
     the Administrator.
       ``(3) Non-federal share.--An assistance grant under 
     paragraph (1) shall be provided on the condition that non-
     Federal sources provide the remainder of eligible project 
     costs, as determined by the Administrator.
       ``(4) Administrative costs.--Administrative costs 
     (including salaries, overhead, and indirect costs for 
     services provided and charged against projects supported by 
     funds made available under this subsection) incurred by a 
     person described in paragraph (1) in carrying out a project 
     under this subsection during a fiscal year shall not exceed 
     10 percent of the grant made to the person under this 
     subsection for the fiscal year.
       ``(e) Implementation Grants.--
       ``(1) In general.--If a signatory jurisdiction has approved 
     and committed to implement all or substantially all aspects 
     of the Chesapeake Bay Agreement, on the request of the chief 
     executive of the jurisdiction, the Administrator shall make a 
     grant to the jurisdiction for the purpose of implementing the 
     management mechanisms established under the Chesapeake Bay 
     Agreement, subject to such terms and conditions as the 
     Administrator considers appropriate.
       ``(2) Proposals.--A signatory jurisdiction described in 
     paragraph (1) may apply for a grant under this subsection for 
     a fiscal year by submitting to the Administrator a 
     comprehensive proposal to implement management mechanisms 
     established under the Chesapeake Bay Agreement. The proposal 
     shall include--
       ``(A) a description of proposed management mechanisms that 
     the jurisdiction commits to take within a specified time 
     period, such as reducing or preventing pollution in the 
     Chesapeake Bay and to meet applicable water quality 
     standards; and
       ``(B) the estimated cost of the actions proposed to be 
     taken during the fiscal year.
       ``(3) Approval.--If the Administrator finds that the 
     proposal is consistent with the Chesapeake Bay Agreement and 
     the national goals established under section 101(a), the 
     Administrator may approve the proposal for a fiscal year.
       ``(4) Federal share.--The Federal share of an 
     implementation grant provided under this subsection shall not 
     exceed 50 percent of the costs of implementing the management 
     mechanisms during the fiscal year.
       ``(5) Non-federal share.--An implementation grant under 
     this subsection shall be made on the condition that non-
     Federal sources provide the remainder of the costs of 
     implementing the management mechanisms during the fiscal 
     year.
       ``(6) Administrative costs.--Administrative costs 
     (including salaries, overhead, and indirect costs for 
     services provided and charged against projects supported by 
     funds made available under this subsection) incurred by a 
     signatory jurisdiction in carrying out a project under this 
     subsection during a fiscal year shall not exceed 10 percent 
     of the grant made to the jurisdiction under this subsection 
     for the fiscal year.
       ``(f) Compliance of Federal Facilities.--
       ``(1) Subwatershed planning and restoration.--A Federal 
     agency that owns or operates a facility (as defined by the 
     Administrator) within the Chesapeake Bay watershed shall 
     participate in regional and subwatershed planning and 
     restoration programs.
       ``(2) Compliance with agreement.--The head of each Federal 
     agency that owns or occupies real property in the Chesapeake 
     Bay watershed shall ensure that the property, and actions 
     taken by the agency with respect to the property, comply with 
     the Chesapeake Bay Agreement.
       ``(g) Chesapeake Bay Watershed, Tributary, and River Basin 
     Program.--
       ``(1) Nutrient and water quality management strategies.--
     Not later than 1 year after the date of enactment of this 
     subsection, the Administrator, in consultation with other 
     members of the Chesapeake Executive Council, shall ensure 
     that management plans are developed and implementation is 
     begun by signatories to the Chesapeake Bay Agreement for the 
     tributaries of the Chesapeake Bay to achieve and maintain--
       ``(A) the nutrient goals of the Chesapeake Bay Agreement 
     for the quantity of nitrogen

[[Page S12477]]

     and phosphorus entering the main stem Chesapeake Bay;
       ``(B) the water quality requirements necessary to restore 
     living resources in both the tributaries and the main stem of 
     the Chesapeake Bay;
       ``(C) the Chesapeake Bay basinwide toxics reduction and 
     prevention strategy goal of reducing or eliminating the input 
     of chemical contaminants from all controllable sources to 
     levels that result in no toxic or bioaccumulative impact on 
     the living resources that inhabit the Bay or on human health; 
     and
       ``(D) habitat restoration, protection, and enhancement 
     goals established by Chesapeake Bay Agreement signatories for 
     wetlands, forest riparian zones, and other types of habitat 
     associated with the Chesapeake Bay and the tributaries of the 
     Chesapeake Bay.
       ``(2) Small watershed grants program.--The Administrator, 
     in consultation with other members of the Chesapeake 
     Executive Council, may offer the technical assistance and 
     assistance grants authorized under subsection (d) to local 
     governments and nonprofit private organizations and 
     individuals in the Chesapeake Bay watershed to implement--
       ``(A) cooperative tributary basin strategies that address 
     the Chesapeake Bay's water quality and living resource needs; 
     or
       ``(B) locally based protection and restoration programs or 
     projects within a watershed that complement the tributary 
     basin strategies.
       ``(h) Study of Chesapeake Bay Program.--Not later than 
     December 31, 2000, and every 3 years thereafter, the 
     Administrator, in cooperation with other members of the 
     Chesapeake 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) assess the commitments and goals of the management 
     strategies established under the Chesapeake Bay Agreement and 
     the extent to which the commitments and goals are being met;
       ``(2) assess the priority needs required by the management 
     strategies and the extent to which the priority needs are 
     being met;
       ``(3) assess the effects of air pollution deposition on 
     water quality of the Chesapeake Bay;
       ``(4) assess the state of the Chesapeake Bay and its 
     tributaries and related actions of the Chesapeake Bay 
     Program;
       ``(5) make recommendations for the improved management of 
     the Chesapeake Bay Program; and
       ``(6) provide the report in a format transferable to and 
     usable by other watershed restoration programs.
       ``(i) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $30,000,000 for 
     each of fiscal years 1999 through 2003.''.

     SEC. 202. CHESAPEAKE BAY GATEWAYS AND WATERTRAILS.

       (a) Chesapeake Bay Gateways and Watertrails Network.--
       (1) In general.--The Secretary of the Interior (referred to 
     in this section as the ``Secretary''), in cooperation with 
     the Administrator of the Environmental Agency (referred to in 
     this section as the ``Administrator''), shall provide 
     technical and financial assistance, in cooperation with other 
     Federal agencies, State and local governments, nonprofit 
     organizations, and the private sector--
       (A) to identify, conserve, restore, and interpret natural, 
     recreational, historical, and cultural resources within the 
     Chesapeake Bay Watershed;
       (B) to identify and utilize the collective resources as 
     Chesapeake Bay Gateways sites for enhancing public education 
     of and access to the Chesapeake Bay;
       (C) to link the Chesapeake Bay Gateways sites with trails, 
     tour roads, scenic byways, and other connections as 
     determined by the Secretary;
       (D) to develop and establish Chesapeake Bay Watertrails 
     comprising water routes and connections to Chesapeake Bay 
     Gateways sites and other land resources within the Chesapeake 
     Bay Watershed; and
       (E) to create a network of Chesapeake Bay Gateways sites 
     and Chesapeake Bay Watertrails.
       (2) Components.--Components of the Chesapeake Bay Gateways 
     and Watertrails Network may include--
       (A) State or Federal parks or refuges;
       (B) historic seaports;
       (C) archaeological, cultural, historical, or recreational 
     sites; or
       (D) other public access and interpretive sites as selected 
     by the Secretary.
       (b) Chesapeake Bay Gateways Grants Assistance Program.--
       (1) In general.--The Secretary, in cooperation with the 
     Administrator, shall establish a Chesapeake Bay Gateways 
     Grants Assistance Program to aid State and local governments, 
     local communities, nonprofit organizations, and the private 
     sector in conserving, restoring, and interpreting important 
     historic, cultural, recreational, and natural resources 
     within the Chesapeake Bay Watershed.
       (2) Criteria.--The Secretary, in cooperation with the 
     Administrator, shall develop appropriate eligibility, 
     prioritization, and review criteria for grants under this 
     section.
       (3) Matching funds and administrative expenses.--A grant 
     under this section--
       (A) shall not exceed 50 percent of eligible project costs;
       (B) shall be made on the condition that non-Federal 
     sources, including in-kind contributions of services or 
     materials, provide the remainder of eligible project costs; 
     and
       (C) shall be made on the condition that not more than 10 
     percent of all eligible project costs be used for 
     administrative expenses.
       (c) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $3,000,000 for 
     each of fiscal years 1999 through 2003.

     SEC. 203. PFIESTERIA AND OTHER AQUATIC TOXINS RESEARCH AND 
                   GRANT PROGRAM.

       (a) In General.--The Administrator of the Environmental 
     Protection Agency, the Secretary of Commerce (acting through 
     the Director of the National Marine Fisheries Service of the 
     National Oceanic and Atmospheric Administration), the 
     Secretary of Health and Human Services (acting through the 
     Director of the National Institute of Environmental Health 
     Sciences and the Director of the Centers for Disease Control 
     and Prevention), and the Secretary of Agriculture shall--
       (1) establish a research program for the eradication or 
     control of Pfiesteria piscicida and other aquatic toxins; and
       (2) make grants to colleges, universities, and other 
     entities in affected States for the eradication or control of 
     Pfiesteria piscicida and other aquatic toxins.
       (b) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $5,000,000 for 
     each of fiscal years 1999 and 2000.

     SEC. 204. LONG ISLAND SOUND.

       Section 119(e) of the Federal Water Pollution Control Act 
     (33 U.S.C. 1269(e)) is amended--
       (1) in paragraph (1), by striking ``1991 through 2001'' and 
     inserting ``1999 through 2003''; and
       (2) in paragraph (2), by striking ``not to exceed 
     $3,000,000 for each of the fiscal years 1991 through 2001'' 
     and inserting ``$10,000,000 for each of fiscal years 1999 
     through 2003''.

     SEC. 205. NATIONAL ENVIRONMENTAL WASTE TECHNOLOGY TESTING AND 
                   EVALUATION CENTER.

       (a) In General.--The Administrator of the Environmental 
     Protection Agency is authorized to provide financial 
     assistance to the National Environmental Waste Technology 
     Testing and Evaluation Center in Butte, Montana.
       (b) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $10,000,000 for 
     each of fiscal years 1998 through 2002.

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