Congressional Record, Volume 146 Issue 38 (Thursday, March 30, 2000)

[Congressional Record Volume 146, Number 38 (Thursday, March 30, 2000)]
[Senate]
[Pages S2008-S2019]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

ESTUARY HABITAT RESTORATION PARTNERSHIP ACT OF 1999

Mr. SMITH of New Hampshire. Mr. President, I ask unanimous consent
that the Senate proceed to the consideration of Calendar No. 323, S.
835.
The PRESIDING OFFICER (Mr. Sessions). Without objection, it is so
ordered.
The clerk will report the bill by title.
The assistant legislative clerk read as follows:

A bill (S. 835) to encourage the restoration of estuary
habitat through more efficient project financing and enhanced
coordination of Federal and non-Federal restoration programs,
and for other purposes, which had been reported from the
Committee on Environment and Public Works, with an amendment,
as follows:

(The part of the bill intended to be inserted is shown in italic.)

S. 835

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

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Estuary Habitat Restoration
Partnership Act of 1999''.

SEC. 2. FINDINGS.

[[Page S2009]]

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. 3. PURPOSES.

The purposes of this Act 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. 4. DEFINITIONS.

In this Act:
(1) Collaborative council.--The term ``Collaborative
Council'' means the interagency council established by
section 5.
(2) Degraded estuary habitat.--The term ``degraded estuary
habitat'' means estuary habitat where natural ecological
functions have been impaired and normal beneficial uses have
been reduced.
(3) Estuary.--The term ``estuary'' means--
(A) a body of water in which fresh water from a river or
stream meets and mixes with salt water from the ocean,
including the area located in the Great Lakes Biogeographic
Region and designated as a National Estuarine Research
Reserve under the Coastal Zone Management Act of 1972 (16
U.S.C. 1451 et seq.) as of the date of enactment of this Act;
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 Act, to
receive financial, technical, or another form of assistance.
(7) Estuary habitat restoration strategy.--The term
``estuary habitat restoration strategy'' means the estuary
habitat restoration strategy developed under section 6(a).
(8) Federal estuary management or habitat restoration
plan.--The term ``Federal estuary management or habitat
restoration plan'' means any Federal plan for restoration of
degraded estuary habitat that--
(A) was developed by a public body with the substantial
participation of appropriate public and private stakeholders;
and
(B) reflects a community-based planning process.
(9) 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. 5. ESTABLISHMENT OF COLLABORATIVE COUNCIL.

(a) Collaborative Council.--There is established an
interagency council to be known as the ``Estuary Habitat
Restoration Collaborative Council''.
(b) Membership.--
(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 Act is fully carried out, but not less often
than quarterly.
(d) Collaborative Council Procedures.--
(1) Quorum.--Three members of the Collaborative Council
shall constitute a quorum.
(2) Voting and meeting procedures.--The Collaborative
Council shall establish procedures for voting and the conduct
of meetings by the Council.

SEC. 6. DUTIES OF COLLABORATIVE COUNCIL.

(a) Estuary Habitat Restoration Strategy.--
(1) In general.--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 Act, 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

[[Page S2010]]

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.
(3) Priority estuary habitat restoration projects.--An
estuary habitat restoration project shall be given a higher
priority in receipt of funding under this Act 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 2000 through 2004.

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

(a) In General.--No financial assistance in carrying out an
estuary habitat restoration project shall be available under
this Act from any Federal agency unless the non-Federal
applicant for assistance demonstrates that the estuary
habitat restoration project meets--
(1) the requirements of this Act; and
(2) any criteria established by the Collaborative Council
under this Act.
(b) Federal Share.--The Federal share of the cost of an
estuary habitat restoration and protection project assisted
under this Act 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 Act for the purpose of
carrying out an estuary habitat restoration project.

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

(a) Database of Restoration Project Information.--The Under
Secretary shall maintain an appropriate database of
information concerning estuary habitat restoration projects
funded under this Act, including information on project
techniques, project completion, monitoring data, and other
relevant information.
(b) Report.--
(1) In general.--The Collaborative Council shall biennially
submit a report to the Committee on Environment and Public
Works of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives on the results
of activities carried out under this Act.
(2) Contents of report.--A report under paragraph (1) shall
include--
(A) data on the number of acres of estuary habitat restored
under this Act, including the number of projects approved and
completed that comprise those acres;
(B) the percentage of restored estuary habitat monitored
under a plan to ensure that short-term and long-term
restoration goals are achieved;
(C) an estimate of the long-term success of varying
restoration techniques used in carrying out estuary habitat
restoration projects;
(D) a review of how the 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 Act; 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. 9. COOPERATIVE AGREEMENTS; MEMORANDA OF UNDERSTANDING.

In carrying out this Act, 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. 10. DISTRIBUTION OF APPROPRIATIONS FOR ESTUARY HABITAT
RESTORATION ACTIVITIES.

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

SEC. 11. 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 Act to assist States and other non-Federal persons
in carrying out estuary habitat restoration projects or
interim actions under section 6(c).
(b) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary to carry out estuary
habitat restoration activities--
(1) $40,000,000 for fiscal year 2000;
(2) $50,000,000 for fiscal year 2001; and
(3) $75,000,000 for each of fiscal years 2002 through 2004.

SEC. 12. 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
1999, and $25,000,000 for each of fiscal years 2000 and
2001''.

SEC. 13. GENERAL PROVISIONS.

(a) Additional Authority for Army Corps of Engineers.--The
Secretary--
(1) may carry out estuary habitat restoration projects in
accordance with this Act; 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, 2233) shall not apply to an estuary habitat
restoration project selected in accordance with this Act.
(c) Estuary Habitat Restoration Mission.--The Secretary
shall establish restoration of estuary habitat as a primary
mission of the Army Corps of Engineers.
(d) Federal Agency Facilities and Personnel.--
(1) In general.--Federal agencies may cooperate in carrying
out scientific and other programs necessary to carry out this
Act, and may provide facilities and personnel, for the
purpose of assisting the Collaborative Council in carrying
out its duties under this Act.
(2) Reimbursement from collaborative council.--Federal
agencies may accept reimbursement from the Collaborative
Council for providing services, facilities, and personnel
under paragraph (1).

[[Page S2011]]

(e) Administrative Expenses and Staffing.--Not later than
180 days after the date of enactment of this Act, the
Comptroller General of the United States shall submit to
Congress and the Secretary an analysis of the extent to which
the Collaborative Council needs additional personnel and
administrative resources to fully carry out its duties under
this Act. The analysis shall include recommendations
regarding necessary additional funding.

Mr. SMITH of New Hampshire. Mr. President, I ask unanimous consent
that the committee amendment be withdrawn.
The PRESIDING OFFICER. Without objection, the committee amendment is
withdrawn.

Amendment No. 2904

(Purpose: In the nature of a substitute)

Mr. SMITH of New Hampshire. Mr. President, I send an amendment to the
desk and ask for its immediate consideration.
The PRESIDING OFFICER. The clerk will report.
The assistant legislative clerk read as follows:
The Senator from New Hampshire (Mr. Smith) proposes an amendment
numbered 2904.
Mr. SMITH of New Hampshire. Mr. President, I ask unanimous consent
that reading of the amendment be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
(The text of the amendment is printed in today's Record under
``Amendments Submitted.'')
Mr. SMITH of New Hampshire. Mr. President, I am very pleased that the
Senate is taking up today an important piece of legislation that will
enhance our ability to protect the Nation's most valuable shoreline
habitats. This bill, S. 835, the Estuary Habitat Restoration
Partnership Act, is a great tribute, I think, to not only our
leadership in the Senate but also to our late colleague, Senator John
Chafee. I urge my colleagues to support this bill and move it forward
quickly, to get it into law.
S. 835 is an example of environmental policy based on partnership and
cooperation--not on this top-down mandate, overburdensome Federal
regulation, but a partnership and a cooperative effort. It shows you,
when you have a partnership and have a cooperative effort and don't try
to impose regulations, what you can do. This bill is a good example of
that. It promotes working together in a partnership situation with the
States, with local programs, and with the private sector.
This bill will make it possible to restore 1 million acres of habitat
with almost no cost to the taxpayer. Environmental success is what this
is, and it is the kind of environmental success that I am very proud to
support. This bill is yet one more of the many legacies of our friend
and late colleague, Senator John Chafee of Rhode Island. He was the
principal sponsor and a longtime champion of the estuary system in this
country.
Last October, under his chairmanship, the Committee on Environment
and Public Works reported out S. 835 by a voice vote. For the past 5
months, his son, Senator Lincoln Chafee, has carried forward the effort
in the Senate and helped me immensely to get where we are today with
this legislation. I am grateful for his leadership. I know it was a
special matter for him to lead on this issue and on this bill because
of what his father had done on its behalf. So I am pleased to be a part
of this effort, pleased as the chairman of the Environment and Public
Works Committee to bring this matter to the Senate for final passage.
To understand how important this act is for protecting the
environment, one has to understand what estuaries are and how valuable
they are to our society.
An estuary is a bay, a gulf, a sound, or an inlet where fresh water
from rivers and streams meet and mixes with saltwater from the ocean,
or put simply, it is where the river meets the sea.
Examples of estuaries are coastal marshes, coastal wetlands, maritime
forests, sea grass, meadows, and river deltas.
Estuaries represent some of the most environmentally and economically
productive habitats in the entire world.
Estuaries are critical for wildlife. Approximately 50 percent of the
Nation's migratory songbirds are linked to coastal estuary habitat,
while near 30 percent of North American waterfowl rely upon coastal
estuary habitat for wintering grounds. Threatened and endangered
species depend upon estuaries for their survival.
Estuaries also play a major role in commercial and recreational
fishing as well. Approximately 70 percent of the commercial fish catch,
and 80 to 90 percent of recreational fish catch, depend in some way on
estuaries. Obviously these fish swim up into those estuaries and spawn,
and those small fish work their way back into the oceans.
You may not realize it, but estuaries also contribute significantly
to the quality of life that many of us enjoy as Americans. Over one-
half of the entire population of the United States lives near a coastal
area.
Traditionally, a great majority of Americans visit estuaries every
year to swim, to fish, to hunt, to dive, to bike, to learn, or just to
view the beauty of the marshes and the wildlife.
For many States, this tourism provides enormous economic benefit, and
it does in New Hampshire, as well as almost every State in the Union.
In fact, the coastal recreation and tourism industry is the second
largest employer in the Nation serving 180 million Americans each year.
These many attributes of estuaries are especially important to me
because of the rich coastline of New Hampshire. We only have 18 or 19
miles of it, but it is rich. New Hampshire estuaries contribute to
dynamic habitat, and they contribute to the beauty of the State as well
as the economy. Recreational shell fishing alone in New Hampshire
contributes an estimated $3 million annually to the State and local
economy. New Hampshire is in the forefront of the national effort to
identify and protect sensitive estuary habitats.
The New Hampshire Great Bay, Little Bay and Hampton Harbor, and their
tributary rivers joined the National Estuary Program in July 1995 as
part of the New Hampshire Estuaries Project.
The Great Bay estuary has a rich cultural history. Its beauty and
resources attracted the Paleo Indians in the area nearly 6,000 years
ago. It was also the site of a popular summer resort during the 1800s,
as well as a shipyard.
As a Senator from New Hampshire, I am proud to be involved in this
historical and ecological resource, and to preserve it for future
generations.
What we do in environmental matters we should do not for the next
election, and not for somebody's business bottom line, but for the next
generation--for the generations of our grandchildren and their
generations to come.
That is why we make these decisions to preserve these estuaries so
that 1,000 years from now our descendents can say: We can see an
estuary because those guys stood up when it counted and they saved them
for us.

That is a great legacy.
Unfortunately, though, many of the estuaries around the United
States, including those in New Hampshire, have been harmed by excessive
urbanization of surrounding areas. According to the EPA's National
Water Quality Inventory, 38 percent of the surveyed estuary habitat is
impaired. S. 835 is a tremendous step to establishing a much needed
restoration program.
What does S. 835 do? It does not duplicate any existing efforts, but
instead it builds upon current restoration projects by establishing a
community-driven, incentive-based program while expanding EPA's ability
to provide grants for conservation management plans.
It has a national strategy because a national strategy is vital in
order to coordinate current and future restoration efforts among both
Federal, State, and local programs. Sometimes estuaries have no State
borders. They move across the borders of States and towns.
We have a collaborative council to accomplish this goal. S. 835
establishes this council. It is chaired by the Secretary of the Army
with the participation of the Under Secretary for Oceans and
Atmosphere, the Department of Commerce, the Administrator of EPA, and
the Secretary of Interior.
It will be authorized to distribute $315 million over 5 years to
community groups to implement restoration projects.
It establishes criteria to select projects; for example, quantity and
quality of the habitat to be restored; criteria to minimize the Federal
share; criteria to address sources of pollution that would otherwise
again impair the

[[Page S2012]]

restored habitat; and, criteria that fosters the development of cost-
effective and innovative technologies.
This bill encourages local communities and the private sector to
develop partnerships to implement restoration activities. Decisions of
how to restore these estuaries are made by the local communities.
Another key feature of the bill is that it ensures accountability
through ongoing monitoring and evaluation. NOAA maintains a database of
restoration projects. Information and lessons learned from one project
can be incorporated into other restoration projects.
The council will publish the biannual report to Congress detailing
the progress made under the act. It allows Congress and the public to
know about the successes and failures of the projects and strategies
under this section.
S. 835 includes important provisions dealing with the National
Estuaries Program, the Chesapeake Bay Region Program, and the Long
Island Sound.
I know that these provisions have been of particular importance to
Senators Warner and Lieberman, and no doubt they will be addressing the
importance of these programs on the floor very soon.
However, I want to acknowledge the important role that the National
Estuaries Program has played in raising national awareness on the value
of these habitats.
The National Estuaries Program, established in 1988, demonstrates
what we can accomplish when the Federal Government, the State
government, and the local government work together in partnership
without all of the friction and without all the confrontation.
Participation in the program is voluntary, and it emphasizes
watershed planning and community involvement.
I have met with so many people at the local and State level on so
many of these environmental projects who are knowledgeable, smart, and
well-educated people who know these issues very well. They don't need
to be dictated to by the Federal Government.
To date, 28 conservation plans under this program have been prepared
for designated estuaries. I am pleased that New Hampshire is in the
process of developing its own conservation plan.
Unfortunately, though, the program does not have sufficient resources
to adequately address all habitat restoration. Until now, in fact, only
the development of a plan could be funded--not their implementation. S.
835 will change that.
This bill will increase the authorization for the program from $12
million to $25 million annually for 2001 and 2002.
Let me close by saying that there is overwhelmingly bipartisan
support for this bill. It represents an approach to environmental
policy that should be the basis for solving environmental problems by
dealing with these issues through cooperation, not confrontation. And
that is what this bill is all about.
Decisions that affect local communities are to be made by local
communities. They use taxpayer dollars wisely and effectively.
This bill represents the sixth report by the Environment and Public
Works Committee since I became its chairman just a few months ago.
I include also the reauthorization of the National Fish and Wildlife
Foundation Establishment Act, and a wetlands bill in Louisiana.
It is only the sixth in what I hope will be a long line of good,
solid, strong, bipartisan environmental bills.
We all breathe the same air. We all like to drink clean water. We all
like to walk the land and to have that land be clean and to enjoy the
wildlife.
I have never been able to figure out why Democrats perhaps would like
to do that more than Republicans, or vice versa. This is nonpartisan.
This is bipartisan.
This is good legislation, and many of these initiatives were very
important to our beloved former colleague, John Chafee.
I thank Senator Baucus and my other committee colleagues, as well as
Senators Lott and Daschle, for helping us to continue the tradition of
bipartisan action on environmental matters. That is so much a part of
the legacy of John Chafee.
I urge my colleagues to support its passage.
Mr. L. CHAFEE. Mr. President, I rise today in support of S. 835, the
Estuary Habitat Restoration Partnership Act. Senator John H. Chafee was
the sponsor of this bill; indeed, it was one of his top environmental
priorities this Congress. Like the many supporters of this bill, I
believe this legislation is needed to turn the tide and start restoring
the valuable estuarine habitats that are literally disappearing along
our Nation's coasts. I hope all of my colleagues in the House and
Senate will join me in working towards its timely enactment.
I would like to briefly discuss the importance of estuaries to the
hundreds of different animals that live in or near these waterbodies.
Estuaries are defined as waterbodies where the river's current meets
the sea's tide. These waterbodies are truly unique areas where life
thrives. The food chain begins in estuaries, and many of them produce
more harvestable human food per acre than the best Mid-western
farmland. An astonishing variety of life, including animals as diverse
as lobsters, whooping cranes, manatees, salmon, otters, bald eagles,
and sea turtles all depend on estuaries for their survival. The San
Francisco Bay area alone is home to approximately 255 bird species, 81
mammal species, 30 reptile species and 14 amphibian species. And we
cannot forget the importance of estuaries to the human species. As you
look around the country--some of our most beloved cities: Boston, New
Orleans, San Francisco, New York, Seattle--are located alongside
estuaries.
While some may disagree, I would have to strongly argue that the most
precious estuary is Narragansett Bay, located in my home State of Rhode
Island. Rhode Island is ``the Ocean State;'' The anchor adorns our
State flag; and we have an official State shell, the Quahog. And, we
are known for our sailing, seafood and beaches. Tourism, fishing and
other bay-related businesses fuel the regional economy. As a Rhode
Islander, it is clear that our welfare depends on a clean, healthy, and
productive bay.
The bottom line is that we are not doing enough for these valuable
resources. The combination of development and pollution in our coastal
areas has resulted in a widespread decline in estuary habitat.
Estuaries are national treasures, and they deserve a national effort to
protect and restore them.
The Estuary Habitat Restoration Partnership Act answers the growing
challenge of estuary restoration. It sets a goal of restoring one
million acres of estuary habitat by the year 2010. This bill emphasizes
the crucial ingredients of successful habitat restoration projects:
effective coordination among different levels of government; continued
investment by public and private sector partners; and, most
importantly, active participation by local communities.
Some of the key provisions of the bill are: a $315 million
authorization over 5 years for habitat restoration projects; creation
of a council to help develop a national strategy for habitat
restoration; and a cost-sharing requirement to help leverage Federal
dollars. S. 835 also promotes ongoing restoration efforts by
reauthorizing the Chesapeake Bay Program and the Long Island Sound
Estuary Program.
And, the bill makes a significant and necessary change in the EPA's
National Estuary Program. Up until now, the 28 designated estuaries of
national significance--including Narragansett Bay--could only use
Federal funds to develop conservation and management plans. This bill
amends the program to allow NEP grants to be used to implement the
conservation measures included in those plans, and it doubles the
authorization for the National Estuary Program. Indeed, a central theme
of this legislation is the need to carry out projects within existing
plans and get moving with on-the-ground restoration activities.
Responding effectively to the growing threats to our bays, sounds and
other coastal waters presents a tremendous challenge: Federal resources
are scarce, the need is great, and the pressure on these areas is
intensifying. Yet, I am encouraged by the enormous support--at the
local, State and Federal levels--for taking action to arrest the
deterioration of our estuaries, and to reverse the trend through
restoration projects. And, these restoration

[[Page S2013]]

projects do work. Simply by storing the flow of saltwater to a marsh,
or dredging a salt pond to its original depth, we allow nature a chance
to revive and flourish.
As the former Mayor of Warwick, RI, I have experienced first hand the
complexity of restoring estuary habitat degraded by pollution. The City
of Warwick surrounds Greenwich Bay, which contains some of the most
productive shellfish beds in Rhode Island. In 1992, bacterial
contamination closed the entire area to shell fishing. My city
responded with the Greenwich Bay Initiative, an ongoing effort to
restore the estuary. With help from the State, the Federal Government
and the private sector, we rehabilitated sewer systems, installed
marina pump-out stations, reduced agricultural runoff and acquired
sensitive land for open space conservation.
A lot of progress has been made towards restoring the health of the
Greenwich Bay, but considerable work remains to be done. The challenge
of estuary restoration is even greater at the national level. With the
aid of the Estuary Habitat Restoration Partnership Act, we can revive
our most precious and productive estuary resources. When you consider
this bill, please remember that the beginnings of the food chain that
sustain life on Earth dwell in the marshes and tidal pools that we seek
to protect. I hope my colleagues will support this important bill.
Mr. EDWARDS. Mr. President, I rise today to express how pleased I am
that we will be passing S. 835, the Estuary Habitat Restoration
Partnership Act of 1999. This legislation, introduced by our former
colleague Sen. John Chafee, will reauthorize the National Estuary
Program at $25 million annually and will allow these funds to be used
to help implement and develop estuary management plans. It will also
set a goal of restoring 1 million acres of estuary habitat over the
next decade.
I am proud to be a cosponsor of this important legislation because it
will help us restore and protect our nation's estuaries. Too many of
our estuaries are endangered by various forms of pollution or from
overuse and development. In North Carolina, we are still dealing with
the effects of last year's devastating hurricane season; the full
effect on places like the Albemarle and Pamlico Sounds are still being
evaluated. This legislation will enable estuaries like the Albemarle
and Pamlico Sounds to implement the restoration and management plans
that were developed several years ago. This legislation will help make
them healthier, more ecologically productive estuarine habitats.
Estuaries are home to a remarkably diverse wildlife population, and
they provide a ``safe haven'' for plant and animal species, many of
which are endangered. They are essential habitats for many young fish
species who need clean and healthy estuaries to spawn. They are also an
important resting spot for many migratory bird species.
Estuaries are critical not only to environmental health, but to
economic health as well. They support commercial activities, such as
shipping and fishing. They are a source of drinking water for coastal
areas. They also provide recreation opportunities for residents and
visitors who want to boat, fish, or birdwatch.
In my state of North Carolina, our estuaries are of vital importance.
North Carolina's estuarine system is the second largest in the
continental United States, encompassing more than 2.2 million acres.
Our coastal waters produce more than half the fish caught on the East
Coast. North Carolina is also home to one of the last bay scallop
fisheries in the United States. This industry depends upon submerged
aquatic seagrasses that are extremely sensitive to pollution and they
must be protected. Our estuary system is also home to large number of
pelicans, who years ago were nearly extinct but have now rebounded
dramatically in their restored habitat. Nearly ten percent of North
Carolina's coastal estuaries have been designated as ``Outstanding
Resource Waters'' by the state Environmental Management Commission.
These waters are some of the most valuable in the state, indeed in the
nation. I believe we must fight hard to protect them for the future.
This legislation will help us do that.
The National Estuary Program has enabled nearly thirty estuaries to
develop restoration and management plans--including the Albemarle and
Pamlico Sounds in North Carolina. This legislation is an important
component to insuring the continued good health of these estuaries, and
I am extremely pleased to see it pass the Senate.
Finally, Mr. President, I'd like to say a few words about the man who
introduced this legislation, our friend and colleague, Senator John
Chafee. Senator Chafee was able to be a nonpartisan voice of reason on
a great many issues. I miss him dearly. This legislation is a tribute
to his perseverance and ability to develop legislation that we all
recognize as a benefit to our nation as a whole. I thank him for his
dedication, and I am pleased that Senator Lincoln Chafee is on hand for
the passage of this important measure.
I ask unanimous consent that my statement be placed in the Record
following the remarks of Senator Chafee on this legislation.
Mr. SARBANES. Mr. President, I rise in strong support of S. 835, the
Estuary Habitat Restoration Partnership Act of 1999. This legislation
is absolutely vital to the future health of our nation's estuaries,
including our largest and most productive estuary--the Chesapeake Bay,
and Maryland's Coastal Bays, and I am proud to be an original co-
sponsor of this measure.
H.L. Mencken once called the Chesapeake Bay a ``great outdoor protein
factory,'' a description which, perhaps more than any other,
underscores the critical importance of protecting and restoring
estuarine ecosystems. Estuaries provide habitat to more than three-
quarters of the fish and shellfish harvested in the United States. They
are home to thousands of species of plants and animals, including many
endangered and threatened species. They support millions of American
jobs and play a vital role in the quality of life that our citizens
enjoy. But the health and productivity of our estuaries are being
degraded or destroyed by the tremendous increase in shoreline
population and development, increasing point and non-point source
pollution and other activities. It is estimated that, over the past
century, some estuaries have lost up to 90 percent of their original
habitat.
The Estuary Habitat Restoration Partnership Act seeks to reverse
these trends by setting the goal of restoring 1 million acres of
estuarine habitat by the year 2010. It authorizes federal funding
totaling $315 million over the next 5 years for the U.S. Army Corps of
Engineers, in cooperation with NOAA, EPA and the U.S. Fish and Wildlife
Service, to carry out estuary habitat restoration projects and provides
incentives for local communities to participate in creative
partnerships. It also reauthorizes the National Estuary Program and,
for the first time, enables EPA to provide grants to implement
conservation and management plans as well as design the plans.
Also incorporated in this measure is S. 492, the Chesapeake Bay
Restoration Act (CBRA), which I introduced together with Senators
Warner, Robb, Mikulski and Santorum to reauthorize and enhance EPA's
Chesapeake Bay Program. Mr. President, the Chesapeake Bay Program (CBP)
was established in 1983 with the signing of the Chesapeake Bay
Agreement which formally bound the Federal Government and the States to
work together to restore and protect the Bay. It is the oldest EPA
geographic program and the first estuary in the nation to be targeted
for restoration as a single ecosystem. EPA's participation in the CBP
was formally authorized in the Water Quality Act of 1987. The Act
authorized $3 million annually to support the activities of the
Agency's Chesapeake Bay Program Office in Annapolis, Maryland which
coordinates Federal and State efforts to restore and protect the Bay
and $10 million annually for matching Interstate Development grants.
The Chesapeake Bay Program has evolved considerably in the years
since it was first established and has become a model for other
estuaries around the country and around the world. The Bay Program has
pioneered a wide range of pollution control initiatives, including
biological nutrient removal technology implemented at 42 wastewater
treatment facilities; various agricultural nonpoint source controls,
such as nutrient management and integrated pesticide management being
implemented

[[Page S2014]]

on nearly two million acres of agricultural land; and implementation of
a basinwide ban on phosphate detergents and a national ban on
tributylin. The Bay Program has also been a leader in establishing a
large volunteer monitoring program; creating a sophisticated computer
modeling program; identifying atmospheric deposition of nitrogen as a
significant pollution source for east coast estuaries; conducting an
extensive habitat restoration program including the opening of hundreds
of miles of prime spawning habitat to migratory fish through the
construction of fish passages; and the restoration of submerged aquatic
vegetation to support the filtering of nutrients as well as habitat for
the Bay's living resources. The CBP has also spawned landmark state
legislation such as nutrient management of farms, growth management and
forest conservation and critical area protection.

The 1987 Chesapeake Bay Agreement expanded initial restoration
efforts by targeting nutrient overenrichment as the Bay's major
problem, and establishing the goal to reduce by 40%, nutrients flowing
into the Bay by 2000. The pact included 28 other specific commitments
to address key issues in living resources, water quality, population
growth and development, public information and public access. The 1992
Amendments to the Agreement moved the Program upriver, committing the
40% nutrient reduction goal to the ten major tributaries to the Bay, as
well as committing to retain the 40% nutrient reductions as a permanent
cap to be extended beyond 2000.
There are signs that the general degradation of Chesapeake Bay has
ebbed, and actual restoration has begun. However, numerous problems
remain. Rapid population growth and development are expected in the
areas of the Bay watershed closest to its waters. Loadings of nitrogen
and sediments to the Bay remain high. Toxic sediment and water column
contaminants are a problem in specific regions of concern and some
other Chesapeake Bay locations. Of great concern are recent outbreaks
of Pfiesteria-like organisms and the occurrence of lesions from other
sources on striped bass and other commercial and recreationally
important finfish in the Bay. Important food chain species and
populations of forage fish are also declining.
In order to address these problems and continue restoration efforts,
the CBRA reauthorizes and increases funding for EPA's Chesapeake Bay
Program from the current level of approximately $20 million to $30
million a year. It encourages and assists Chesapeake Bay Agreement
signatories in meeting nutrient reduction, water quality, toxics
reduction and prevention and habitat restoration goals, and requires
that federal facilities within the watershed comply with nutrient
reduction and other Agreement goals. The legislation also creates a new
small watersheds program designed to help local groups preserve and
restore stream corridors. The initiative would make ``seed grants'' and
technical assistance available to local governments, nonprofit
organizations and citizens' groups involved in river and stream-
restoration projects. It is my hope that the legislation will enable
the Chesapeake Bay Program to continue its leadership and technology
transfer to other groups participating in the National Estuary Program,
particularly in the areas of nutrient reduction through new
technologies, such as biological nutrient removal; air deposition of
nitrogen to estuarine and coastal waters; computer modeling; and
environmental indicators with an emphasis on measuring improvements to
living resources.
Mr. President, in my judgement, the provisions contained in S. 835,
will pay significant dividends in the years ahead by helping to
preserve and enhance our nation's estuaries, while at the same time
improving the quality of life for our citizens. I want to commend the
Chairman and ranking member of the Committee, Senators Smith and
Baucus, for moving this legislation to the Senate floor. In my
judgement, the legislation is a real tribute and fitting legacy to the
former Chairman of the Committee and author of the legislation, John
Chafee. I also want to express my appreciation to the co-sponsors of
the Chesapeake Bay bill, Senators Warner, Mikulski, Robb and Santorum
for their assistance. I urge my colleagues to join me in supporting
this measure.
Mr. LIEBERMAN. Mr. President, I rise today in support of the Estuary
Habitat Restoration Partnership Act, S. 835. When our late colleague,
Senator John Chafee, introduced this bill, he did so because he
understood the tremendous importance of estuaries to our national
economy and environment. At the same time, Senator Chafee was concerned
about the considerable challenges the nation's estuaries face, such as
habitat loss, concentration of upstream pollutants, and coastal
development. S. 835 would enable us to move forward as a nation in
addressing those challenges, and I am proud to be a cosponsor of this
bill.
Mr. President, I am particularly happy to be here today because this
legislation, if passed, would have a real impact on the estuary nearest
and dearest to my own heart, the Long Island Sound. Title 3 of the bill
reauthorizes the Long Island Sound Office through 2005 and
significantly increases the funding authorization. Last fall, with the
Connecticut and New York delegations, I introduced S. 1632 to
reauthorize the Office and provide significant new funding to implement
critical conservation and restoration projects which will directly
improve the health of the Sound. I am grateful to my colleagues for
including that reauthorization in the Estuary Habitat Restoration
Partnership Act.
Having grown up on the coast of Connecticut, I am well aware of the
importance of Long Island Sound to the region's economic health and
quality of life. Water-quality-dependent activities such as commercial
and recreational fishing, boating, and swimming contribute an estimated
$5 billion to the regional economy each year. The Sound is the leading
producer of oysters along the east coast. In addition, despite the many
industrial facilities and residential developments along its shoreline,
the Sound is recognized nationally for its distinctive habitat types,
including tidal wetlands, tidal flats, beaches, dunes, bluffs, rocky
tidal areas, eelgrass, kelp beds, and natural and artificial reefs.
However, the Sound does experience many of the same challenges as
other estuaries--residential, commercial, and industrial development
have increased pollution and removed or altered habitat, and excess
nutrients have resulted in low levels of dissolved oxygen in the waters
of the Sound.
The Long Island Sound estuary program predated the National Estuary
Program (NEP). As early as 1985, Congress recognized Long Island Sound
as a national treasure when it appropriated funding for the Long Island
Sound Study to research, monitor, and assess the water quality of the
Sound. When the National Estuary Program was created in 1987, the Long
Island Sound became a charter member. In the intervening years, Federal
and state government, business, labor, environmental groups, and local
communities in Connecticut and New York have come together to make a
significant commitment to cleaning up the Sound. More recently, in
1994, the Governors of Connecticut and New York and the Administrator
of the EPA jointly adopted the Long Island Sound Comprehensive
Conservation and Management Plan (CCMP) which incorporated the results
of the Long Island Sound Study. Since 1985, Federal, state, and private
funds have been well spent on researching the existing conditions of
the Sound and identifying conservation and restoration needs.
These efforts bode well for the health of the Long Island Sound;
however, much work remains to be done. Last fall, the Long Island Sound
lobster fishery experienced a severe die-off, with losses in some ports
as high as 90 percent. Preliminary research suggests that a combination
of environmental stresses may have caused this dramatic collapse.
The time has come to move from identifying to implementing the
conservation and restoration projects which will directly improve the
water quality and habitat of the Long Island Sound. The Estuary Habitat
Restoration Partnership Act would help make this possible by leveraging
on-the-ground restoration work with Federal funding and by creating
market-based incentives for the private sector to work with community-
based organizations and local governments on restoration efforts. This
is an important

[[Page S2015]]

bill for my state and our country, and I look forward to seeing it pass
this body.
Mr. SMITH of New Hampshire. I ask unanimous consent the amendment be
agreed to, the bill be read the third time and passed, the motion to
reconsider be laid upon the table, and that any additional statements
be printed in the Record.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment (No. 2904) was agreed to.
The bill (S. 835), as amended, was read a third time and passed, as
follows:
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 and Chesapeake Bay Restoration Act of 2000''.
(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. Short title.
Sec. 102. Findings.
Sec. 103. Purposes.
Sec. 104. Definitions.
Sec. 105. Establishment of Collaborative Council.
Sec. 106. Duties of Collaborative Council.
Sec. 107. Cost sharing of estuary habitat restoration projects.
Sec. 108. Monitoring and maintenance of estuary habitat restoration
projects.
Sec. 109. Cooperative agreements; memoranda of understanding.
Sec. 110. Distribution of appropriations for estuary habitat
restoration activities.
Sec. 111. Authorization of appropriations.
Sec. 112. National estuary program.
Sec. 113. General provisions.

TITLE II--CHESAPEAKE BAY RESTORATION

Sec. 201. Short title.
Sec. 202. Findings and purposes.
Sec. 203. Chesapeake Bay restoration.

TITLE III--LONG ISLAND SOUND

Sec. 301. Reauthorization.
TITLE I--ESTUARY HABITAT RESTORATION

SEC. 101. SHORT TITLE.

This title may be cited as the ``Estuary Habitat
Restoration Partnership Act of 2000''.

SEC. 102. 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 commercial
fish and 80 to 90 percent of the recreational fish catches of
the United States;
(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. 103. PURPOSES.

The purposes of this Act 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, through use of the environmental technology
innovation program associated with the National Estuarine
Research Reserve System (established by section 315 of the
Coastal Zone Management Act of 1972 (16 U.S.C. 1461)), to
ensure that restoration efforts are based on sound scientific
understanding and innovative technologies.

SEC. 104. DEFINITIONS.

In this title:
(1) Collaborative council.--The term ``Collaborative
Council'' means the interagency council established by
section 105.
(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,
including the area located in the Great Lakes Biogeographic
Region and designated as a National Estuarine Research
Reserve under the Coastal Zone Management Act of 1972 (16
U.S.C. 1451 et seq.) as of the date of enactment of this Act;
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 106(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. 105. 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. 106. DUTIES OF COLLABORATIVE COUNCIL.

[[Page S2016]]

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 Act 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.
(3) 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;
(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; or
(D) the estuary habitat restoration project includes--
(i) pilot testing; or
(ii) a demonstration of an innovative technology having
potential for improved cost-effectiveness in restoring--

(I) the estuary that is the subject of the project; or
(II) any other estuary.

(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(b) of
the Flood Control Act of 1970 (42 U.S.C. 1962d-5b), 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 2001 through 2005.

SEC. 107. 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.
(e) Innovative Technology Costs.--The Federal share of the
incremental additional cost of including in a project pilot
testing or a demonstration of an innovative technology
described in section 106(b)(3)(D) shall be 100 percent.

SEC. 108. MONITORING AND MAINTENANCE OF ESTUARY HABITAT
RESTORATION PROJECTS.

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(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. 109. 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. 110. 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. 111. 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 106(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 2001;
(2) $50,000,000 for fiscal year 2002; and
(3) $75,000,000 for each of fiscal years 2003 through 2005.

SEC. 112. 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
2000, and $25,000,000 for each of fiscal years 2001 and
2002''.

SEC. 113. 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, 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 Act, the
Comptroller General of the United States shall submit to
Congress and the Secretary an analysis of the extent to which
the Collaborative Council needs additional personnel and
administrative resources to fully carry out its duties under
this title. The analysis shall include recommendations
regarding necessary additional funding.
TITLE II--CHESAPEAKE BAY RESTORATION

SEC. 201. SHORT TITLE.

This title may be cited as the ``Chesapeake Bay Restoration
Act of 2000''.

SEC. 202. FINDINGS AND PURPOSES.

(a) Findings.--Congress finds that--
(1) the Chesapeake Bay is a national treasure and a
resource of worldwide significance;
(2) over many years, the productivity and water quality of
the Chesapeake Bay and its watershed were diminished by
pollution, excessive sedimentation, shoreline erosion, the
impacts of population growth and development in the
Chesapeake Bay watershed, and other factors;
(3) the Federal Government (acting through the
Administrator of the Environmental Protection Agency), the
Governor of the State of Maryland, the Governor of the
Commonwealth of Virginia, the Governor of the Commonwealth of
Pennsylvania, the Chairperson of the Chesapeake Bay
Commission, and the Mayor of the District of Columbia, as
Chesapeake Bay Agreement signatories, have committed to a
comprehensive cooperative program to achieve improved water
quality and improvements in the productivity of living
resources of the Bay;
(4) the cooperative program described in paragraph (3)
serves as a national and international model for the
management of estuaries; and
(5) there is a need to expand Federal support for
monitoring, management, and restoration activities in the
Chesapeake Bay and the tributaries of the Bay in order to
meet and further the original and subsequent goals and
commitments of the Chesapeake Bay Program.
(b) Purposes.--The purposes of this title are--
(1) to expand and strengthen cooperative efforts to restore
and protect the Chesapeake Bay; and
(2) to achieve the goals established in the Chesapeake Bay
Agreement.

SEC. 203. CHESAPEAKE BAY RESTORATION.

The Federal Water Pollution Control Act is amended by
striking section 117 (33 U.S.C. 1267) and inserting the
following:

``SEC. 117. CHESAPEAKE BAY.

``(a) Definitions.--In this section:
``(1) Administrative cost.--The term `administrative cost'
means the cost of salaries and fringe benefits incurred in
administering a grant under this section.
``(2) Chesapeake bay agreement.--The term `Chesapeake Bay
Agreement' means the formal, voluntary agreements executed to
achieve the goal of restoring and protecting the Chesapeake
Bay ecosystem and the living resources of the Chesapeake Bay
ecosystem and signed by the Chesapeake Executive Council.
``(3) Chesapeake bay ecosystem.--The term `Chesapeake Bay
ecosystem' means the ecosystem of the Chesapeake Bay and its
watershed.
``(4) Chesapeake bay program.--The term `Chesapeake Bay
Program' means the program directed by the Chesapeake
Executive Council in accordance with the Chesapeake Bay
Agreement.
``(5) Chesapeake executive council.--The term `Chesapeake
Executive Council' means the signatories to the Chesapeake
Bay Agreement.
``(6) 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.--
``(A) In general.--The Administrator shall maintain in the
Environmental Protection Agency a Chesapeake Bay Program
Office.
``(B) Function.--The Chesapeake Bay Program Office shall
provide support to the Chesapeake Executive Council by--
``(i) implementing and coordinating science, research,
modeling, support services, monitoring, data collection, and
other activities that support the Chesapeake Bay Program;
``(ii) 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 ecosystem;
``(iii) in cooperation with appropriate Federal, State, and
local authorities, assisting the signatories to the
Chesapeake Bay Agreement in developing and implementing
specific action plans to carry out the responsibilities of
the signatories to the Chesapeake Bay Agreement;
``(iv) 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 in the
Chesapeake Bay ecosystem; and
``(II) obtain the support of the appropriate officials of
the agencies and authorities in achieving the objectives of
the Chesapeake Bay Agreement; and

``(v) 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 cooperation with the Chesapeake
Executive Council, the Administrator may provide technical
assistance, and assistance grants, to nonprofit
organizations, 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.--

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``(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 guidance issued by the Administrator.
``(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 shall not
exceed 10 percent of the annual grant award.
``(e) Implementation and Monitoring 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--
``(A) 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; and
``(B) may make a grant to a signatory jurisdiction for the
purpose of monitoring the Chesapeake Bay ecosystem.
``(2) Proposals.--
``(A) In general.--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.
``(B) Contents.--A proposal under subparagraph (A) shall
include--
``(i) 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 its watershed or meeting applicable water
quality standards or established goals and objectives under
the Chesapeake Bay Agreement; and
``(ii) 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 grant award.
``(4) Federal share.--The Federal share of an
implementation grant under this subsection shall not exceed
50 percent of the cost 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 shall not
exceed 10 percent of the annual grant award.
``(7) Reporting.--On or before October 1 of each fiscal
year, the Administrator shall make available to the public a
document that lists and describes, in the greatest
practicable degree of detail--
``(A) all projects and activities funded for the fiscal
year;
``(B) the goals and objectives of projects funded for the
previous fiscal year; and
``(C) the net benefits of projects funded for previous
fiscal years.
``(f) Federal Facilities and Budget Coordination.--
``(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, the Federal Agencies Chesapeake
Ecosystem Unified Plan, and any subsequent agreements and
plans.
``(3) Budget coordination.--
``(A) In general.--As part of the annual budget submission
of each Federal agency with projects or grants related to
restoration, planning, monitoring, or scientific
investigation of the Chesapeake Bay ecosystem, the head of
the agency shall submit to the President a report that
describes plans for the expenditure of the funds under this
section.
``(B) Disclosure to the council.--The head of each agency
referred to in subparagraph (A) shall disclose the report
under that subparagraph with the Chesapeake Executive Council
as appropriate.
``(g) Chesapeake Bay Program.--
``(1) Management strategies.--The Administrator, in
coordination 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 to achieve and maintain--
``(A) the nutrient goals of the Chesapeake Bay Agreement
for the quantity of nitrogen and phosphorus entering the
Chesapeake Bay and its watershed;
``(B) the water quality requirements necessary to restore
living resources in the Chesapeake Bay ecosystem;
``(C) the Chesapeake Bay Basinwide Toxins 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 of the Chesapeake Bay ecosystem or on
human health;
``(D) habitat restoration, protection, and enhancement
goals established by Chesapeake Bay Agreement signatories for
wetlands, riparian forests, and other types of habitat
associated with the Chesapeake Bay ecosystem; and
``(E) the restoration, protection, and enhancement goals
established by the Chesapeake Bay Agreement signatories for
living resources associated with the Chesapeake Bay
ecosystem.
``(2) Small watershed grants program.--The Administrator,
in cooperation with the Chesapeake Executive Council, shall--
``(A) establish a small watershed grants program as part of
the Chesapeake Bay Program; and
``(B) offer technical assistance and assistance grants
under subsection (d) to local governments and nonprofit
organizations and individuals in the Chesapeake Bay region to
implement--
``(i) cooperative tributary basin strategies that address
the water quality and living resource needs in the Chesapeake
Bay ecosystem; and
``(ii) locally based protection and restoration programs or
projects within a watershed that complement the tributary
basin strategies.
``(h) Study of Chesapeake Bay Program.--
``(1) In general.--Not later than April 22, 2001, and every
5 years thereafter, the Administrator, in coordination with
the Chesapeake Executive Council, shall complete a study and
submit to Congress a comprehensive report on the results of
the study.
``(2) Requirements.--The study and report shall--
``(A) assess the state of the Chesapeake Bay ecosystem;
``(B) assess the appropriateness of commitments and goals
of the Chesapeake Bay Program and the management strategies
established under the Chesapeake Bay Agreement for improving
the state of the Chesapeake Bay ecosystem;
``(C) assess the effectiveness of management strategies
being implemented on the date of enactment of this subsection
and the extent to which the priority needs are being met;
``(D) make recommendations for the improved management of
the Chesapeake Bay Program either by strengthening strategies
being implemented on the date of enactment of this subsection
or by adopting new strategies; and
``(E) be presented in such a format as to be readily
transferable to and usable by other watershed restoration
programs.
``(i) Special Study of Living Resource Response.--
``(1) In general.--Not later than 180 days after the date
of enactment of this subsection, the Administrator shall
commence a 5-year special study with full participation of
the scientific community of the Chesapeake Bay to establish
and expand understanding of the response of the living
resources of the Chesapeake Bay ecosystem to improvements in
water quality that have resulted from investments made
through the Chesapeake Bay Program.
``(2) Requirements.--The study shall--
``(A) determine the current status and trends of living
resources, including grasses, benthos, phytoplankton,
zooplankton, fish, and shellfish;
``(B) establish to the extent practicable the rates of
recovery of the living resources in response to improved
water quality condition;
``(C) evaluate and assess interactions of species, with
particular attention to the impact of changes within and
among trophic levels; and
``(D) recommend management actions to optimize the return
of a healthy and balanced ecosystem in response to
improvements in the quality and character of the waters of
the Chesapeake Bay.
``(j) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $30,000,000 for
each of fiscal years 2001 through 2006.''.
TITLE III--LONG ISLAND SOUND

SEC. 301. REAUTHORIZATION.

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 ``2001 through 2006''; and
(2) in paragraph (2), by striking ``not to exceed
$3,000,000 for each of the fiscal years 1991 through 2001''
and inserting ``not to exceed $10,000,000 for each of fiscal
years 2001 through 2006''.

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