[Congressional Record Volume 146, Number 123 (Thursday, October 5, 2000)]
[Senate]
[Pages S10019-S10027]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                     RESTORATION OF ESTUARY HABITAT

  Mr. MACK. Mr. President, I ask that the Chair lay before the Senate a 
message from the House to accompany S. 835, ``An Act 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.''
  The PRESIDING OFFICER laid before the Senate the following message 
from the House of Representatives:

       Resolved, That the bill from the Senate (S. 835) entitled 
     ``An Act 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'', do pass with the following 
     amendment:
       Strike out all after the enacting clause and insert:

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Clean 
     Waters and Bays Act of 2000''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title; table of contents.

                      TITLE I--ESTUARY RESTORATION

Sec. 101. Short title.
Sec. 102. Purposes.
Sec. 103. Definitions.
Sec. 104. Estuary habitat restoration program.
Sec. 105. Establishment of Estuary Habitat Restoration Council.
Sec. 106. Advisory board.
Sec. 107. Estuary habitat restoration strategy.
Sec. 108. Monitoring of estuary habitat restoration projects.
Sec. 109. Reporting.
Sec. 110. Funding.
Sec. 111. General provisions.

                  TITLE II--CHESAPEAKE BAY RESTORATION

Sec. 201. Short title.

[[Page S10020]]

Sec. 202. Findings and purposes.
Sec. 203. Chesapeake Bay.
Sec. 204. Sense of the Congress; requirement regarding notice.

                  TITLE III--NATIONAL ESTUARY PROGRAM.

Sec. 301. Additions to national estuary program.
Sec. 302. Grants.
Sec. 303. Authorization of appropriations.

                  TITLE IV--FLORIDA KEYS WATER QUALITY

Sec. 401. Short title.
Sec. 402. Florida Keys water quality improvements.
Sec. 403. Sense of the Congress; requirement regarding notice.

                 TITLE V--LONG ISLAND SOUND RESTORATION

Sec. 501. Short title.
Sec. 502. Nitrogen credit trading system and other measures.
Sec. 503. Assistance for distressed communities.
Sec. 504. Reauthorization of appropriations.

             TITLE VI--LAKE PONTCHARTRAIN BASIN RESTORATION

Sec. 601. Short title.
Sec. 602. National estuary program.
Sec. 603. Lake Pontchartrain Basin.
Sec. 604. Sense of the Congress.

                  TITLE VII--ALTERNATIVE WATER SOURCES

Sec. 701. Short title.
Sec. 702. Grants for alternative water source projects.
Sec. 703. Sense of the Congress; requirement regarding notice.

                        TITLE VIII--CLEAN LAKES

Sec. 801. Grants to States.
Sec. 802. Demonstration program.
Sec. 803. Sense of the Congress; requirement regarding notice.

                TITLE IX--MISSISSIPPI SOUND RESTORATION

Sec. 901. Short title.
Sec. 902. National estuary program.
Sec. 903. Mississippi Sound.
Sec. 904. Sense of the Congress.

        TITLE X--TIJUANA RIVER VALLEY ESTUARY AND BEACH CLEANUP

Sec. 1001. Short title.
Sec. 1002. Purpose.
Sec. 1003. Definitions.
Sec. 1004. Actions to be taken by the Commission and the Administrator.
Sec. 1005. Negotiation of new treaty minute.
Sec. 1006. Authorization of appropriations.

                      TITLE I--ESTUARY RESTORATION

     SEC. 101. SHORT TITLE.

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

     SEC. 102. PURPOSES.

       The purposes of this title are--
       (1) to promote the restoration of estuary habitat;
       (2) to develop a national estuary habitat restoration 
     strategy for creating and maintaining effective estuary 
     habitat restoration partnerships among public agencies at all 
     levels of government and to establish new partnerships 
     between the public and private sectors;
       (3) to provide Federal assistance for estuary habitat 
     restoration projects and to promote efficient financing of 
     such projects; and
       (4) to develop and enhance monitoring and research 
     capabilities to ensure that estuary habitat restoration 
     efforts are based on sound scientific understanding and to 
     create a national database of estuary habitat restoration 
     information.

     SEC. 103. DEFINITIONS.

       In this title, the following definitions apply:
       (1) Council.--The term ``Council'' means the Estuary 
     Habitat Restoration Council established by section 105.
       (2) Estuary.--The term ``estuary'' means a part of a river 
     or stream or other body of water that has an unimpaired 
     connection with the open sea and where the sea water is 
     measurably diluted with fresh water derived from land 
     drainage. The term also includes near coastal waters and 
     wetlands of the Great Lakes that are similar in form and 
     function to estuaries.
       (3) Estuary habitat.--The term ``estuary habitat'' means 
     the physical, biological, and chemical elements associated 
     with an estuary, including the complex of physical and 
     hydrologic features and living organisms within the estuary 
     and associated ecosystems.
       (4) Estuary habitat restoration activity.--
       (A) In general.--The term ``estuary habitat restoration 
     activity'' means an activity that results in improving 
     degraded estuaries or estuary habitat or creating 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 chemical, physical, hydrologic, 
     and biological features and components associated with an 
     estuary;
       (ii) except as provided in subparagraph (C), the cleanup of 
     pollution for the benefit of estuary habitat;
       (iii) the control of nonnative and invasive species in the 
     estuary;
       (iv) the reintroduction of species native to the estuary, 
     including through such means as planting or promoting natural 
     succession;
       (v) the construction of reefs to promote fish and shellfish 
     production and to provide estuary habitat for living 
     resources; and
       (vi) other activities that improve estuary habitat.
       (C) Excluded activities.--The term ``estuary habitat 
     restoration activity'' does not include an activity that--
       (i) constitutes mitigation required under any Federal or 
     State law for the adverse effects of an activity regulated or 
     otherwise governed by Federal or State law; or
       (ii) constitutes restoration for natural resource damages 
     required under any Federal or State law.
       (5) Estuary habitat restoration project.--The term 
     ``estuary habitat restoration project'' means a project to 
     carry out an estuary habitat restoration activity.
       (6) Estuary habitat restoration plan.--
       (A) In general.--The term ``estuary habitat restoration 
     plan'' means any Federal or State plan for restoration of 
     degraded estuary habitat that was developed with the 
     substantial participation of appropriate public and private 
     stakeholders.
       (B) Included plans and programs.--The term ``estuary 
     habitat restoration plan'' includes estuary habitat 
     restoration components of--
       (i) a comprehensive conservation and management plan 
     approved under section 320 of the Federal Water Pollution 
     Control Act (33 U.S.C. 1330);
       (ii) a lakewide management plan or remedial action plan 
     developed under section 118 of the Federal Water Pollution 
     Control Act (33 U.S.C. 1268);
       (iii) a management plan approved under the Coastal Zone 
     Management Act of 1972 (16 U.S.C. 1451 et seq.); and
       (iv) the interstate management plan developed pursuant to 
     the Chesapeake Bay program under section 117 of the Federal 
     Water Pollution Control Act (33 U.S.C. 1267).
       (8) Indian tribe.--The term ``Indian tribe'' has the 
     meaning given such term by section 4 of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 450b).
       (9) Non-federal interest.--The term ``non-federal 
     interest'' means a State, a political subdivision of a State, 
     an Indian tribe, a regional or interstate agency, or, as 
     provided in section 104(g)(2), a nongovernmental 
     organization.
       (10) Secretary.--The term ``Secretary'' means the Secretary 
     of the Army.
       (11) State.--The term ``State'' means the States of 
     Alabama, Alaska, California, Connecticut, Delaware, Florida, 
     Georgia, Hawaii, Illinois, Indiana, Louisiana, Maine, 
     Maryland, Massachusetts, Michigan, Minnesota, Mississippi, 
     New Hampshire, New Jersey, New York, North Carolina, Ohio, 
     Oregon, Pennsylvania, Rhode Island, South Carolina, Texas, 
     Virginia, Washington, and Wisconsin, the District of 
     Columbia, the Commonwealth of Puerto Rico, the Commonwealth 
     of the Northern Mariana Islands, the United States Virgin 
     Islands, American Samoa, and Guam.

     SEC. 104. ESTUARY HABITAT RESTORATION PROGRAM.

       (a) Establishment.--There is established an estuary habitat 
     restoration program under which the Secretary may carry out 
     estuary habitat restoration projects and provide technical 
     assistance in accordance with the requirements of this title.
       (b) Origin of Projects.--A proposed estuary habitat 
     restoration project shall originate from a non-Federal 
     interest consistent with State or local laws.
       (c) Required Elements of Project Proposals.--To be eligible 
     for the estuary habitat restoration program established under 
     this title, each proposed estuary habitat restoration project 
     must--
       (1) address restoration needs identified in an estuary 
     habitat restoration plan;
       (2) be consistent with the estuary habitat restoration 
     strategy developed under section 107;
       (3) be technically feasible;
       (4) include a monitoring plan that is consistent with 
     standards for monitoring developed under section 108 to 
     ensure that short-term and long-term restoration goals are 
     achieved; and
       (5) include satisfactory assurance from the non-Federal 
     interests proposing the project that the non-Federal 
     interests will have adequate personnel, funding, and 
     authority to carry out and properly maintain the project.
       (d) Selection of Projects.--
       (1) In general.--The Secretary, after considering the 
     advice and recommendations of the Council, shall select 
     estuary habitat restoration projects taking into account the 
     following factors:
       (A) The scientific merit of the project.
       (B) Whether the project will encourage increased 
     coordination and cooperation among Federal, State, and local 
     government agencies.
       (C) Whether the project fosters public-private partnerships 
     and uses Federal resources to encourage increased private 
     sector involvement, including consideration of the amount of 
     private funds or in-kind contributions for an estuary habitat 
     restoration activity.
       (D) Whether the project is cost-effective.
       (E) Whether the State in which the non-Federal interest is 
     proposing the project has a dedicated source of funding to 
     acquire or restore estuary habitat, natural areas, and open 
     spaces for the benefit of estuary habitat restoration or 
     protection.
       (F) Other factors that the Secretary determines to be 
     reasonable and necessary for consideration.
       (2) Priority.--In selecting estuary habitat restoration 
     projects to be carried out under this title, the Secretary 
     shall give priority consideration to a project if, in 
     addition to meriting selection based on the factors under 
     paragraph (1)--
       (A) the project occurs within a watershed in which there is 
     a program being carried out that addresses sources of 
     pollution and other activities that otherwise would re-impair 
     the restored habitat; or
       (B) the project includes pilot testing or a demonstration 
     of an innovative technology having the potential for improved 
     cost-effectiveness in estuary habitat restoration.

[[Page S10021]]

       (e) Cost Sharing.--
       (1) Federal share.--The Federal share of the cost of an 
     estuary habitat restoration project carried out under this 
     title shall not exceed 65 percent of such cost.
       (2) Non-federal share.--The non-Federal share of the cost 
     of an estuary habitat restoration project carried out under 
     this title shall include lands, easements, rights-of-way, and 
     relocations and may include services, or any other form of 
     in-kind contribution determined by the Secretary to be an 
     appropriate contribution equivalent to the monetary amount 
     required for the non-Federal share of the activity.
       (f) Interim Actions.--
       (1) In general.--Pending completion of the estuary habitat 
     restoration strategy to be developed under section 107, the 
     Secretary may take interim actions to carry out an estuary 
     habitat restoration activity.
       (2) Federal share.--The Federal share of the cost of an 
     estuary habitat restoration activity before the completion of 
     the estuary habitat restoration strategy shall not exceed 25 
     percent of such cost.
       (g) Cooperation of Non-Federal Interests.--
       (1) In general.--The Secretary shall not select an estuary 
     habitat restoration project until a non-Federal interest has 
     entered into a written agreement with the Secretary in which 
     the non-Federal interest agrees to--
       (A) provide all lands, easements, rights-of-way, and 
     relocations and any other elements the Secretary determines 
     appropriate under subsection (e)(2); and
       (B) provide for maintenance and monitoring of the project 
     to the extent the Secretary determines necessary.
       (2) Nongovernmental organizations.--Notwithstanding section 
     221 of the Flood Control Act of 1970 (42 U.S.C. 1962d-5b(b)), 
     for any project undertaken under this title, the Secretary, 
     upon the recommendation of the Governor of the State in which 
     the project is located and in consultation with appropriate 
     officials of political subdivisions of such State, may allow 
     a nongovernmental organization to serve as the non-Federal 
     interest.
       (h) Delegation of Project Implementation.--In carrying out 
     this title, the Secretary may delegate project implementation 
     to another Federal department or agency on a reimbursable 
     basis if the Secretary, after considering the advice and 
     recommendations of the Council, determines such delegation is 
     appropriate.

     SEC. 105. ESTABLISHMENT OF ESTUARY HABITAT RESTORATION 
                   COUNCIL.

       (a) Council.--There is established a council to be known as 
     the ``Estuary Habitat Restoration Council''.
       (b) Duties.--The Council shall be responsible for--
       (1) soliciting, reviewing, and evaluating project proposals 
     and making recommendations concerning such proposals based on 
     the factors specified in section 104(d)(1), including 
     recommendations as to a priority order for carrying out such 
     projects and as to whether a project should be carried out by 
     the Secretary or by another Federal department or agency 
     under section 104(h);
       (2) developing and transmitting to Congress a national 
     strategy for restoration of estuary habitat;
       (3) periodically reviewing the effectiveness of the 
     national strategy in meeting the purposes of this title and, 
     as necessary, updating the national strategy; and
       (4) providing advice on the development of the database, 
     monitoring standards, and report required under sections 108 
     and 109.
       (c) Membership.--The Council shall be composed of the 
     following members:
       (1) The Secretary (or the Secretary's designee).
       (2) The Under Secretary for Oceans and Atmosphere of the 
     Department of Commerce (or the Under Secretary's designee).
       (3) The Administrator of the Environmental Protection 
     Agency (or the Administrator's designee).
       (4) The Secretary of the Interior, acting through the 
     Director of the United States Fish and Wildlife Service (or 
     such Secretary's designee).
       (5) The Secretary of Agriculture (or such Secretary's 
     designee).
       (6) The head of any other Federal agency designated by the 
     President to serve as an ex officio member of the Council.
       (d) Prohibition of Compensation.--Members of the Council 
     may not receive compensation for their service as members of 
     the Council.
       (e) Chairperson.--The chairperson shall be elected by the 
     Council from among its members for a 3-year term, except that 
     the first elected chairperson may serve a term of fewer than 
     3 years.
       (f) Convening of Council.--
       (1) First meeting.--The Secretary shall convene the first 
     meeting of the Council not later than 60 days after the date 
     of the enactment of this Act for the purpose of electing a 
     chairperson.
       (2) Additional meetings.--The chairperson shall convene 
     additional meetings of the Council as often as appropriate to 
     ensure that this title is fully carried out, but not less 
     often than annually.
       (g) Council Procedures.--The Council shall establish 
     procedures for voting, the conduct of meetings, and other 
     matters, as necessary.
       (h) Public Participation.--Meetings of the Council shall be 
     open to the public. The Council shall provide notice to the 
     public of such meetings.

     SEC. 106. ADVISORY BOARD.

       (a) In General.--The Council shall establish an advisory 
     board (in this section referred to as the ``board'').
       (b) Duties.--The board shall provide advice and 
     recommendations to the Council--
       (1) on the strategy developed pursuant to section 107; and
       (2) on the Council's consideration of proposed estuary 
     habitat restoration projects and the Council's 
     recommendations to the Secretary pursuant to section 
     105(b)(1), including advice on the scientific merit, 
     technical merit, and feasibility of a project.
       (c) Members.--The Council shall appoint members of the 
     board representing diverse public and private interests. 
     Members of the board shall be selected such that the board 
     consists of--
       (1) three members with recognized academic scientific 
     expertise in estuary or estuary habitat restoration;
       (2) three members representing State agencies with 
     expertise in estuary or estuary habitat restoration;
       (3) two members representing local or regional government 
     agencies with expertise in estuary or estuary habitat 
     restoration;
       (4) two members representing nongovernmental organizations 
     with expertise in estuary or estuary habitat restoration;
       (5) two members representing fishing interests;
       (6) two members representing estuary users other than 
     fishing interests;
       (7) two members representing agricultural interests; and
       (8) two members representing Indian tribes.
       (d) Terms.--
       (1) In general.--Except as provided by subparagraph (B), 
     members of the board shall be appointed for a term of 3 
     years.
       (2) Initial members.--As designated by the chairperson of 
     the Council at the time of appointment, of the members first 
     appointed--
       (A) nine shall be appointed for a term of 1 year; and
       (B) nine shall be appointed for a term of 2 years.
       (e) Vacancies.--Whenever a vacancy occurs among members of 
     the board, the Council shall appoint an appropriate 
     individual to fill that vacancy for the remainder of the 
     applicable term.
       (f) Board Leadership.--The board shall elect from among its 
     members a chairperson of the board to represent the board in 
     matters related to its duties under this title.
       (g) Compensation.--Members of the board shall not be 
     considered to be employees of the United States and may not 
     receive compensation for their service as members of the 
     board, except that while engaged in the performance of their 
     duties while away from their homes or regular place of 
     business, members of the board may be allowed necessary 
     travel expenses as authorized by section 5703 of title 5, 
     United States Code.
       (h) Technical Support.--Technical support may be provided 
     to the board by regional and field staff of the Corps of 
     Engineers, the Environmental Protection Agency, the National 
     Oceanic and Atmospheric Administration, the United States 
     Fish and Wildlife Service, and the Department of Agriculture. 
     The Secretary shall coordinate the provision of such 
     assistance.
       (i) Administrative Support Services.--Upon the request of 
     the board, the Secretary may provide to the board the 
     administrative support services necessary for the board to 
     carry out its responsibilities under this title.
       (j) Funding.--From amounts appropriated for that purpose 
     under section 110, the Secretary shall provide funding for 
     the board to carry out its duties under this title.

     SEC. 107. ESTUARY HABITAT RESTORATION STRATEGY.

       (a) In General.--Not later than 1 year after the date of 
     the enactment of this Act, the Council, in consultation with 
     the advisory board established under section 106, shall 
     develop an estuary habitat restoration strategy designed to 
     ensure a comprehensive approach to maximize benefits derived 
     from estuary habitat restoration projects and to foster the 
     coordination of Federal and non-Federal activities related to 
     restoration of estuary habitat.
       (b) Goal.--The goal of the strategy shall be the 
     restoration of 1,000,000 acres of estuary habitat by the year 
     2010.
       (c) Integration of Estuary Habitat Restoration Plans, 
     Programs, and Partnerships.--In developing the estuary 
     habitat restoration strategy, the Council shall--
       (1) conduct a review of estuary management or habitat 
     restoration plans and Federal programs established under 
     other laws that authorize funding for estuary habitat 
     restoration activities; and
       (2) ensure that the estuary habitat restoration strategy is 
     developed in a manner that is consistent with the estuary 
     management or habitat restoration plans.
       (d) Elements of the Strategy.--The estuary habitat 
     restoration strategy shall include proposals, methods, and 
     guidance on--
       (1) maximizing the incentives for the creation of new 
     public-private partnerships to carry out estuary habitat 
     restoration projects and the use of Federal resources to 
     encourage increased private sector involvement in estuary 
     habitat restoration activities;
       (2) ensuring that the estuary habitat restoration strategy 
     will be implemented in a manner that is consistent with the 
     estuary management or habitat restoration plans;
       (3) promoting estuary habitat restoration projects to--
       (A) provide healthy ecosystems in order to support--
       (i) wildlife, including endangered and threatened species, 
     migratory birds, and resident species of an estuary 
     watershed; and
       (ii) fish and shellfish, including commercial and 
     recreational fisheries;
       (B) improve surface and ground water quality and quantity, 
     and flood control;
       (C) provide outdoor recreation and other direct and 
     indirect values; and
       (D) address other areas of concern that the Council 
     determines to be appropriate for consideration;

[[Page S10022]]

       (4) addressing 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;
       (5) measuring the rate of change for each type of estuary 
     habitat;
       (6) selecting a balance of smaller and larger estuary 
     habitat restoration projects; and
       (7) ensuring equitable geographic distribution of projects 
     funded under this title.
       (e) Public Review and Comment.--Before the Council adopts a 
     final or revised estuary habitat restoration strategy, the 
     Secretary shall publish in the Federal Register a draft of 
     the estuary habitat restoration strategy and provide an 
     opportunity for public review and comment.
       (f) Periodic Revision.--Using data and information 
     developed through project monitoring and management, and 
     other relevant information, the Council may periodically 
     review and update, as necessary, the estuary habitat 
     restoration strategy.

     SEC. 108. MONITORING OF ESTUARY HABITAT RESTORATION PROJECTS.

       (a) Under Secretary.--In this section, the term ``Under 
     Secretary'' means the Under Secretary for Oceans and 
     Atmosphere of the Department of Commerce.
       (b) Database of Restoration Project Information.--The Under 
     Secretary, in consultation with the Council, shall develop 
     and maintain an appropriate database of information 
     concerning estuary habitat restoration projects carried out 
     under this title, including information on project 
     techniques, project completion, monitoring data, and other 
     relevant information.
       (c) Monitoring Data Standards.--The Under Secretary, in 
     consultation with the Council, shall develop standard data 
     formats for monitoring projects, along with requirements for 
     types of data collected and frequency of monitoring.
       (d) Coordination of Data.--The Under Secretary shall 
     compile information that pertains to estuary habitat 
     restoration projects from other Federal, State, and local 
     sources and that meets the quality control requirements and 
     data standards established under this section.
       (e) Use of Existing Programs.--The Under Secretary shall 
     use existing programs within the National Oceanic and 
     Atmospheric Administration to create and maintain the 
     database required under this section.
       (f) Public Availability.--The Under Secretary shall make 
     the information collected and maintained under this section 
     available to the public.

     SEC. 109. REPORTING.

       (a) In General.--At the end of the third and fifth fiscal 
     years following the date of the enactment of this Act, the 
     Secretary, after considering the advice and recommendations 
     of the Council, shall transmit to Congress a report on the 
     results of activities carried out under this title.
       (b) Contents of Report.--A report under subsection (a) 
     shall include--
       (1) data on the number of acres of estuary habitat restored 
     under this title, including descriptions of, and partners 
     involved with, projects selected, in progress, and completed 
     under this title that comprise those acres;
       (2) information from the database established under section 
     108(b) related to ongoing monitoring of projects to ensure 
     that short-term and long-term restoration goals are achieved;
       (3) an estimate of the long-term success of varying 
     restoration techniques used in carrying out estuary habitat 
     restoration projects;
       (4) a review of how the information described in paragraphs 
     (1) through (3) has been incorporated in the selection and 
     implementation of estuary habitat restoration projects;
       (5) a review of efforts made to maintain an appropriate 
     database of restoration projects carried out under this 
     title; and
       (6) a review of the measures taken to provide the 
     information described in paragraphs (1) through (3) to 
     persons with responsibility for assisting in the restoration 
     of estuary habitat.

     SEC. 110. FUNDING.

       (a) Authorization of Appropriations.--
       (1) Estuary habitat restoration projects.--There is 
     authorized to be appropriated to the Secretary for carrying 
     out and providing technical assistance for estuary habitat 
     restoration projects--
       (A) $30,000,000 for fiscal year 2001;
       (B) $35,000,000 for fiscal year 2002; and
       (C) $45,000,000 for each of fiscal years 2003 through 2005.

     Such amounts shall remain available until expended.
       (2) Monitoring.--There is authorized to be appropriated to 
     the Under Secretary for Oceans and Atmosphere of the 
     Department of Commerce for the acquisition, maintenance, and 
     management of monitoring data on restoration projects carried 
     out under this title, $1,500,000 for each of fiscal years 
     2001 through 2005. Such amounts shall remain available until 
     expended.
       (b) Set-Aside for Administrative Expenses of the Council 
     and Advisory Board.--Not to exceed 3 percent of the amounts 
     appropriated for a fiscal year under subsection (a)(1) or 
     $1,500,000, whichever is greater, may be used by the 
     Secretary for administration and operation of the Council and 
     the advisory board established under section 106.

     SEC. 111. GENERAL PROVISIONS.

       (a) Agency Consultation and Coordination.--In carrying out 
     this title, the Secretary shall, as necessary, consult with, 
     cooperate with, and coordinate its activities with the 
     activities of other Federal departments and agencies.
       (b) Cooperative Agreements; Memoranda of Understanding.--In 
     carrying out this title, the Secretary may--
       (1) enter into cooperative agreements with Federal, State, 
     and local government agencies and other entities; and
       (2) execute such memoranda of understanding as are 
     necessary to reflect the agreements.
       (c) Federal Agency Facilities and Personnel.--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 
     Council in carrying out its duties under this title.
       (d) Identification and Mapping of Dredged Material Disposal 
     Sites.--In consultation with appropriate Federal and non-
     Federal public entities, the Secretary shall undertake, and 
     update as warranted by changed conditions, surveys to 
     identify and map sites appropriate for beneficial uses of 
     dredged material for the protection, restoration, and 
     creation of aquatic and ecologically related habitats, 
     including wetlands, in order to further the purposes of this 
     title.
       (e) Study of Bioremediation Technology.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Administrator of the 
     Environmental Protection Agency, with the participation of 
     the estuarine scientific community, shall begin a 2-year 
     study on the efficacy of bioremediation products.
       (2) Requirements.--The study shall--
       (A) evaluate and assess bioremediation technology--
       (i) on low-level petroleum hydrocarbon contamination from 
     recreational boat bilges;
       (ii) on low-level petroleum hydrocarbon contamination from 
     stormwater discharges;
       (iii) on nonpoint petroleum hydrocarbon discharges; and
       (iv) as a first response tool for petroleum hydrocarbon 
     spills; and
       (B) recommend management actions to optimize the return of 
     a healthy and balanced ecosystem and make improvements in the 
     quality and character of estuarine waters.

                  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.

       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, the following 
     definitions apply:
       ``(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.

[[Page S10023]]

       ``(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 achieve the goals 
     and requirements contained in subsection (g)(1), 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 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 an 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--
       ``(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, creation, 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, creation, 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, including the creation, restoration, 
     protection, or enhancement of habitat associated with the 
     Chesapeake Bay ecosystem.
       ``(h) Study of Chesapeake Bay Program.--
       ``(1) In general.--Not later than April 22, 2000, 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) compare the current state of the Chesapeake Bay 
     ecosystem with its state in 1975, 1985, and 1995;
       ``(C) assess the effectiveness of management strategies 
     being implemented on the date of the enactment of this 
     section 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 the enactment of this 
     section 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 the enactment of this section, 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

[[Page S10024]]

       ``(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 2000 through 2005.''.

     SEC. 204. SENSE OF THE CONGRESS; REQUIREMENT REGARDING 
                   NOTICE.

       (a) Purchase of American-Made Equipment and Products.--In 
     the case of any equipment or products that may be authorized 
     to be purchased with financial assistance provided under 
     section 117 of the Federal Water Pollution Control Act (33 
     U.S.C. 1267), it is the sense of the Congress that entities 
     receiving such assistance should, in expending the 
     assistance, purchase only American-made equipment and 
     products.
       (b) Notice to Recipients of Assistance.--In providing 
     financial assistance under section 117 of the Federal Water 
     Pollution Control Act, the head of each Federal agency shall 
     provide to each recipient of the assistance a notice 
     describing the statement made in subsection (a) by Congress.
       (c) Notice of Report.--Any entity which receives funds 
     under section 117 of the Federal Water Pollution Control Act 
     shall report any expenditures on foreign-made items to 
     Congress within 180 days of the expenditure.

                  TITLE III--NATIONAL ESTUARY PROGRAM

     SEC. 301. ADDITIONS TO NATIONAL ESTUARY PROGRAM.

       Section 320(a)(2)(B) of the Federal Water Pollution Control 
     Act (33 U.S.C. 1330(a)(2)(B)) is amended by inserting ``Lake 
     Ponchartrain Basin, Louisiana and Mississippi; Mississippi 
     Sound, Mississippi;'' before ``and Peconic Bay, New York.''.

     SEC. 302. GRANTS.

       Section 320(g) of the Federal Water Pollution Control Act 
     (33 U.S.C. 1330(g)) is amended by striking paragraphs (2) and 
     (3) and inserting the following:
       ``(2) Purposes.--Grants under this subsection shall be made 
     to pay for activities necessary for the development and 
     implementation of a comprehensive conservation and management 
     plan under this section.
       ``(3) Federal share.--The Federal share of a grant to any 
     person (including a State, interstate, or regional agency or 
     entity) under this subsection for a fiscal year--
       ``(A) shall not exceed--
       ``(i) 75 percent of the annual aggregate costs of the 
     development of a comprehensive conservation and management 
     plan; and
       ``(ii) 50 percent of the annual aggregate costs of the 
     implementation of the plan; and
       ``(B) shall be made on condition that the non-Federal share 
     of the costs are provided from non-Federal sources.''.

     SEC. 303. AUTHORIZATION OF APPROPRIATIONS.

       Section 320(i) of the Federal Water Pollution Control Act 
     (33 U.S.C. 1330(i)) is amended by striking ``$12,000,000 per 
     fiscal year for each of fiscal years 1987, 1988, 1989, 1990, 
     and 1991'' and inserting ``$50,000,000 for each of fiscal 
     years 2000 through 2004''.

                  TITLE IV--FLORIDA KEYS WATER QUALITY

     SEC. 401. SHORT TITLE.

       This title may be cited as the ``Florida Keys Water Quality 
     Improvements Act of 2000''.

     SEC. 402. FLORIDA KEYS WATER QUALITY IMPROVEMENTS.

       Title I of the Federal Water Pollution Control Act (33 
     U.S.C. 1251 et seq.) is amended by adding at the end the 
     following:

     ``SEC. 121. FLORIDA KEYS.

       ``(a) In General.--Subject to the requirements of this 
     section, the Administrator may make grants to the Florida 
     Keys Aqueduct Authority, appropriate agencies of 
     municipalities of Monroe County, Florida, and other 
     appropriate public agencies of the State of Florida or Monroe 
     County for the planning and construction of treatment works 
     to improve water quality in the Florida Keys National Marine 
     Sanctuary.
       ``(b) Criteria for Projects.--In applying for a grant for a 
     project under subsection (a), an applicant shall demonstrate 
     that--
       ``(1) the applicant has completed adequate planning and 
     design activities for the project;
       ``(2) the applicant has completed a financial plan 
     identifying sources of non-Federal funding for the project;
       ``(3) the project complies with--
       ``(A) applicable growth management ordinances of Monroe 
     County, Florida;
       ``(B) applicable agreements between Monroe County, Florida, 
     and the State of Florida to manage growth in Monroe County, 
     Florida; and
       ``(C) applicable water quality standards; and
       ``(4) the project is consistent with the master wastewater 
     and stormwater plans for Monroe County, Florida.
       ``(c) Consideration.--In selecting projects to receive 
     grants under subsection (a), the Administrator shall consider 
     whether a project will have substantial water quality 
     benefits relative to other projects under consideration.
       ``(d) Consultation.--In carrying out this section, the 
     Administrator shall consult with--
       ``(1) the Water Quality Steering Committee established 
     under section 8(d)(2)(A) of the Florida Keys National Marine 
     Sanctuary and Protection Act (106 Stat. 5054);
       ``(2) the South Florida Ecosystem Restoration Task Force 
     established by section 528(f) of the Water Resources 
     Development Act of 1996 (110 Stat. 3771-3773);
       ``(3) the Commission on the Everglades established by 
     executive order of the Governor of the State of Florida; and
       ``(4) other appropriate State and local government 
     officials.
       ``(e) Non-Federal Share.--The non-Federal share of the cost 
     of a project carried out using amounts from grants made under 
     subsection (a) shall not be less than 25 percent.
       ``(f) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Administrator to carry out this 
     section--
       ``(1) $32,000,000 for fiscal year 2001;
       ``(2) $31,000,000 for fiscal year 2002; and
       ``(3) $50,000,000 for each of fiscal years 2003 through 
     2005.

     Such sums shall remain available until expended.''.

     SEC. 403. SENSE OF THE CONGRESS; REQUIREMENT REGARDING 
                   NOTICE.

       (a) Purchase of American-Made Equipment and Products.--In 
     the case of any equipment or products that may be authorized 
     to be purchased with financial assistance provided under this 
     title (including any amendment made by this title), it is the 
     sense of the Congress that entities receiving such assistance 
     should, in expending the assistance, purchase only American-
     made equipment and products.
       (b) Notice to Recipients of Assistance.--In providing 
     financial assistance under this title (including any 
     amendment made by this title), the head of each Federal 
     agency shall provide to each recipient of the assistance a 
     notice describing the statement made in subsection (a) by 
     Congress.
       (c) Notice of Report.--Any entity which receives funds 
     under this title shall report any expenditures on foreign-
     made items to Congress within 180 days of the expenditure.

                 TITLE V--LONG ISLAND SOUND RESTORATION

     SEC. 501. SHORT TITLE.

       This title may be cited as the ``Long Island Sound 
     Restoration Act''.

     SEC. 502. NITROGEN CREDIT TRADING SYSTEM AND OTHER MEASURES.

       Section 119(c)(1) of the Federal Water Pollution Control 
     Act (33 U.S.C. 1269(c)(1)) is amended by inserting ``, 
     including efforts to establish, within the process for 
     granting watershed general permits, a system for trading 
     nitrogen credits and any other measures that are cost-
     effective and consistent with the goals of the Plan'' before 
     the semicolon at the end.

     SEC. 503. ASSISTANCE FOR DISTRESSED COMMUNITIES.

       Section 119 of the Federal Water Pollution Control Act (33 
     U.S.C. 1269) is amended--
       (1) by redesignating subsection (e) as subsection (f); and
       (2) by inserting after subsection (d) the following:
       ``(e) Assistance to Distressed Communities.--
       ``(1) Eligible communities.--
       ``(A) States to determine criteria.--For the purposes of 
     this subsection, a distressed community is any community that 
     meets affordability criteria established by the State in 
     which the community is located, if such criteria are 
     developed after public review and comment.
       ``(B) Consideration of impact on water and sewer rates.--In 
     determining if a community is a distressed community for the 
     purposes of this subsection, the State shall consider the 
     extent to which the rate of growth of a community's tax base 
     has been historically slow such that implementing the plan 
     described in subsection (c)(1) would result in a significant 
     increase in any water or sewer rate charged by the 
     community's publicly-owned wastewater treatment facility.
       ``(C) Information to assist states.--The Administrator may 
     publish information to assist States in establishing 
     affordability criteria under subparagraph (A).
       ``(2) Revolving loan funds.--
       ``(A) Loan subsidies.--Subject to subparagraph (B), any 
     State making a loan to a distressed community from a 
     revolving fund under title VI for the purpose of assisting 
     the implementation of the plan described in subsection (c)(1) 
     may provide additional subsidization (including forgiveness 
     of principal).
       ``(B) Total amount of subsidies.--For each fiscal year, the 
     total amount of loan subsidies made by a State under 
     subparagraph (A) may not exceed 30 percent of the amount of 
     the capitalization grant received by the State for the year.
       ``(3) Priority.--In making assistance available under this 
     section for the upgrading of wastewater treatment facilities, 
     a State may give priority to a distressed community.''.

     SEC. 504. REAUTHORIZATION OF APPROPRIATIONS.

       Section 119(f) of the Federal Water Pollution Control Act 
     (as redesignated by section 503 of this Act) is amended--
       (1) in paragraph (1) by striking ``1991 through 2001'' and 
     inserting ``2000 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 ``not to exceed $80,000,000 for each of fiscal 
     years 2000 through 2003''.

             TITLE VI--LAKE PONTCHARTRAIN BASIN RESTORATION

     SEC. 601. SHORT TITLE.

       This title may be cited as the ``Lake Pontchartrain Basin 
     Restoration Act of 2000''.

     SEC. 602. NATIONAL ESTUARY PROGRAM.

       (a) Finding.--Congress finds that the Lake Ponchartrain 
     Basin is an estuary of national significance.
       (b) Addition to National Estuary Program.--Section 
     320(a)(2)(B) of the Federal Water Pollution Control Act (33 
     U.S.C. 1330(a)(2)(B)) is further amended by inserting ``Lake 
     Ponchartrain Basin, Louisiana and Mississippi;'' before ``and 
     Peconic Bay, New York.''.

     SEC. 603. LAKE PONTCHARTRAIN BASIN.

       Title I of the Federal Water Pollution Control Act (33 
     U.S.C. 1251 et seq.) is further amended by adding at the end 
     the following:

[[Page S10025]]

     ``SEC. 122. LAKE PONTCHARTRAIN BASIN.

       ``(a) Establishment of Restoration Program.--The 
     Administrator shall establish within the Environmental 
     Protection Agency the Lake Pontchartrain Basin Restoration 
     Program.
       ``(b) Purpose.--The purpose of the program shall be to 
     restore the ecological health of the Basin by developing and 
     funding restoration projects and related scientific and 
     public education projects.
       ``(c) Duties.--In carrying out the program, the 
     Administrator shall--
       ``(1) provide administrative and technical assistance to a 
     management conference convened for the Basin under section 
     320;
       ``(2) assist and support the activities of the management 
     conference, including the implementation of recommendations 
     of the management conference;
       ``(3) support environmental monitoring of the Basin and 
     research to provide necessary technical and scientific 
     information;
       ``(4) develop a comprehensive research plan to address the 
     technical needs of the program;
       ``(5) coordinate the grant, research, and planning programs 
     authorized under this section; and
       ``(6) collect and make available to the public 
     publications, and other forms of information the management 
     conference determines to be appropriate, relating to the 
     environmental quality of the Basin.
       ``(d) Grants.--The Administrator may make grants--
       ``(1) for restoration projects and studies recommended by a 
     management conference convened for the Basin under section 
     320;
       ``(2) for public education projects recommended by the 
     management conference; and
       ``(3) for the inflow and infiltration project sponsored by 
     the New Orleans Sewerage and Water Board and Jefferson 
     Parish, Louisiana.
       ``(e) Definitions.--In this section, the following 
     definitions apply:
       ``(1) Basin.--The term `Basin' means the Lake Pontchartrain 
     Basin, a 5,000 square mile watershed encompassing 16 parishes 
     in the State of Louisiana and four counties in the State of 
     Mississippi.
       ``(2) Program.--The term `program' means the Lake 
     Pontchartrain Basin Restoration Program established under 
     subsection (a).
       ``(f) Authorization of Appropriations.--
       ``(1) In general.--There is authorized to be appropriated--
       ``(A) $100,000,000 for the inflow and infiltration project 
     sponsored by the New Orleans Sewerage and Water Board and 
     Jefferson Parish, Louisiana; and
       ``(B) $5,000,000 for each of fiscal years 2001 through 2005 
     to carry out this section.
     Such sums shall remain available until expended.
       ``(2) Public education projects.--Not more that 15 percent 
     of the amount appropriated pursuant to paragraph (1)(B) in a 
     fiscal year may be expended on grants for public education 
     projects under subsection (d)(2).''.

     SEC. 604. SENSE OF THE CONGRESS.

       It is the sense of the Congress that all recipients of 
     grants pursuant to this title shall abide by the Buy American 
     Act. The Administrator of the Environmental Protection Agency 
     shall give notice of the Buy American Act requirements to 
     grant applicants.

                  TITLE VII--ALTERNATIVE WATER SOURCES

     SEC. 701. SHORT TITLE.

       This title may be cited as the ``Alternative Water Sources 
     Act of 2000''.

     SEC. 702. GRANTS FOR ALTERNATIVE WATER SOURCE PROJECTS.

       Title II of the Federal Water Pollution Control Act (33 
     U.S.C. 1281 et seq.) is amended by adding at the end the 
     following:

     ``SEC. 220. GRANTS FOR ALTERNATIVE WATER SOURCE PROJECTS.

       ``(a) In General.--The Administrator may make grants to 
     State, interstate, and intrastate water resource development 
     agencies (including water management districts and water 
     supply authorities), local government agencies, private 
     utilities, and nonprofit entities for alternative water 
     source projects to meet critical water supply needs.
       ``(b) Eligible Entity.--The Administrator may make grants 
     under this section to an entity only if the entity has 
     authority under State law to develop or provide water for 
     municipal, industrial, and agricultural uses in an area of 
     the State that is experiencing critical water supply needs.
       ``(c) Selection of Projects.--
       ``(1) Limitation.--A project that has received funds under 
     the reclamation and reuse program conducted under the 
     Reclamation Projects Authorization and Adjustment Act of 1992 
     (43 U.S.C. 390h et seq.) shall not be eligible for grant 
     assistance under this section.
       ``(2) Additional consideration.--In making grants under 
     this section, the Administrator shall consider whether the 
     project is located within the boundaries of a State or area 
     referred to in section 1 of the Reclamation Act of June 17, 
     1902 (32 Stat. 385), and within the geographic scope of the 
     reclamation and reuse program conducted under the Reclamation 
     Projects Authorization and Adjustment Act of 1992 (43 U.S.C. 
     390h et seq.).
       ``(d) Committee Resolution Procedure.--
       ``(1) In general.--No appropriation shall be made for any 
     alternative water source project under this section, the 
     total Federal cost of which exceeds $3,000,000, if such 
     project has not been approved by a resolution adopted by the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives or the Committee on Environment and Public 
     Works of the Senate.
       ``(2) Requirements for securing consideration.--For 
     purposes of securing consideration of approval under 
     paragraph (1), the Administrator shall provide to a committee 
     referred to in paragraph (1) such information as the 
     committee requests and the non-Federal sponsor shall provide 
     to the committee information on the costs and relative needs 
     for the alternative water source project.
       ``(e) Uses of Grants.--Amounts from grants received under 
     this section may be used for engineering, design, 
     construction, and final testing of alternative water source 
     projects designed to meet critical water supply needs. Such 
     amounts may not be used for planning, feasibility studies or 
     for operation, maintenance, replacement, repair, or 
     rehabilitation.
       ``(f) Cost Sharing.--The Federal share of the eligible 
     costs of an alternative water source project carried out 
     using assistance made available under this section shall not 
     exceed 50 percent.
       ``(g) Reports.--
       ``(1) Reports to administrator.--Each recipient of a grant 
     under this section shall submit to the Administrator, not 
     later than 18 months after the date of receipt of the grant 
     and biennially thereafter until completion of the alternative 
     water source project funded by the grant, a report on 
     eligible activities carried out by the grant recipient using 
     amounts from the grant.
       ``(2) Report to congress.--On or before September 30, 2005, 
     the Administrator shall transmit to Congress a report on the 
     progress made toward meeting the critical water supply needs 
     of the grant recipients under this section.
       ``(h) Definitions.--In this section, the following 
     definitions apply:
       ``(1) Alternative water source project.--The term 
     `alternative water source project' means a project designed 
     to provide municipal, industrial, and agricultural water 
     supplies in an environmentally sustainable manner by 
     conserving, managing, reclaiming, or reusing water or 
     wastewater or by treating wastewater.
       ``(2) Critical water supply needs.--The term `critical 
     water supply needs' means existing or reasonably anticipated 
     future water supply needs that cannot be met by existing 
     water supplies, as identified in a comprehensive statewide or 
     regional water supply plan or assessment projected over a 
     planning period of at least 20 years.
       ``(i) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $75,000,000 for 
     each of fiscal years 2000 through 2004. Such sums shall 
     remain available until expended.''.

     SEC. 703. SENSE OF THE CONGRESS; REQUIREMENT REGARDING 
                   NOTICE.

       (a) Purchase of American-Made Equipment and Products.--In 
     the case of any equipment or products that may be authorized 
     to be purchased with financial assistance provided under this 
     title (including any amendment made by this title), it is the 
     sense of the Congress that entities receiving such assistance 
     should, in expending the assistance, purchase only American-
     made equipment and products.
       (b) Notice to Recipients of Assistance.--In providing 
     financial assistance under this title (including any 
     amendment made by this title), the head of each Federal 
     agency shall provide to each recipient of the assistance a 
     notice describing the statement made in subsection (a) by 
     Congress.
       (c) Notice of Report.--Any entity which receives funds 
     under this title shall report any expenditures on foreign-
     made items to Congress within 180 days of the expenditure.

                        TITLE VIII--CLEAN LAKES

     SEC. 801. GRANTS TO STATES.

       Section 314(c)(2) of the Federal Water Pollution Control 
     Act (33 U.S.C. 1324(c)(2)) is amended by striking 
     ``$50,000,000'' the first place it appears and all that 
     follows through ``1990'' and inserting ``$50,000,000 for each 
     of fiscal years 2001 through 2005''.

     SEC. 802. DEMONSTRATION PROGRAM.

       Section 314(d) of the Federal Water Pollution Control Act 
     (33 U.S.C. 1324(d)) is amended--
       (1) in paragraph (2) by inserting ``Otsego Lake, New York; 
     Oneida Lake, New York; Raystown Lake, Pennsylvania; Swan 
     Lake, Itasca County, Minnesota;'' after ``Sauk Lake, 
     Minnesota;'';
       (2) in paragraph (3) by striking ``By'' and inserting 
     ``Notwithstanding section 3003 of the Federal Reports 
     Elimination and Sunset Act of 1995 (31 U.S.C. 1113 note; 109 
     Stat. 734-736), by''; and
       (3) in paragraph (4)(B)(i) by striking ``$15,000,000'' and 
     inserting ``$25,000,000''.

     SEC. 803. SENSE OF THE CONGRESS; REQUIREMENT REGARDING 
                   NOTICE.

       (a) Purchase of American-Made Equipment and Products.--In 
     the case of any equipment or products that may be authorized 
     to be purchased with financial assistance provided under this 
     title (including any amendment made by this title), it is the 
     sense of the Congress that entities receiving such assistance 
     should, in expending the assistance, purchase only American-
     made equipment and products.
       (b) Notice to Recipients of Assistance.--In providing 
     financial assistance under this title (including any 
     amendment made by this title), the head of each Federal 
     agency shall provide to each recipient of the assistance a 
     notice describing the statement made in subsection (a) by 
     Congress.
       (c) Notice of Report.--Any entity which receives funds 
     under this title shall report any expenditures on foreign-
     made items to Congress within 180 days of expenditure.

                TITLE IX--MISSISSIPPI SOUND RESTORATION

     SEC. 901. SHORT TITLE.

       This title may be cited as the ``Mississippi Sound 
     Restoration Act of 2000''.

     SEC. 902. NATIONAL ESTUARY PROGRAM.

       (a) Finding.--Congress finds that the Mississippi Sound is 
     an estuary of national significance.

[[Page S10026]]

       (b) Addition to National Estuary Program.--Section 
     320(a)(2)(B) of the Federal Water Pollution Control Act (33 
     U.S.C. 1330(a)(2)(B)) is further amended by inserting 
     ``Mississippi Sound, Mississippi;'' before ``and Peconic Bay, 
     New York.''.

     SEC. 903. MISSISSIPPI SOUND.

       Title I of the Federal Water Pollution Control Act (33 
     U.S.C. 1251 et seq.) is further amended by adding at the end 
     the following:

     ``SEC. 123. MISSISSIPPI SOUND.

       ``(a) Establishment of Restoration Program.--The 
     Administrator shall establish within the Environmental 
     Protection Agency the Mississippi Sound Restoration Program.
       ``(b) Purpose.--The purpose of the program shall be to 
     restore the ecological health of the Sound, including barrier 
     islands, coastal wetlands, keys, and reefs, by developing and 
     funding restoration projects and related scientific and 
     public education projects and by coordinating efforts among 
     Federal, State, and local governmental agencies and 
     nonregulatory organizations.
       ``(c) Duties.--In carrying out the program, the 
     Administrator shall--
       ``(1) provide administrative and technical assistance to a 
     management conference convened for the Sound under section 
     320;
       ``(2) assist and support the activities of the management 
     conference, including the implementation of recommendations 
     of the management conference;
       ``(3) support environmental monitoring of the Sound and 
     research to provide necessary technical and scientific 
     information;
       ``(4) develop a comprehensive research plan to address the 
     technical needs of the program;
       ``(5) coordinate the grant, research, and planning programs 
     authorized under this section; and
       ``(6) collect and make available to the public 
     publications, and other forms of information the management 
     conference determines to be appropriate, relating to the 
     environmental quality of the Sound.
       ``(d) Grants.--The Administrator may make grants--
       ``(1) for restoration projects and studies recommended by a 
     management conference convened for the Sound under section 
     320; and
       ``(2) for public education projects recommended by the 
     management conference.
       ``(e) Definitions.--In this section, the following 
     definitions apply:
       ``(1) Sound.--The term `Sound' means the Mississippi Sound 
     located on the Gulf Coast of the State of Mississippi.
       ``(2) Program.--The term `program' means the Mississippi 
     Sound Restoration Program established under subsection (a).
       ``(f) Authorization of Appropriations.--There is authorized 
     to be appropriated $10,000,000 to carry out this section. 
     Such sums shall remain available until expended.''.

     SEC. 904. SENSE OF THE CONGRESS.

       It is the sense of the Congress that all recipients of 
     grants under this title (including amendments made by this 
     title) shall abide by the Buy American Act. The Administrator 
     of the Environmental Protection Agency shall give notice of 
     the Buy American Act requirements to grant applicants under 
     this title.

        TITLE X--TIJUANA RIVER VALLEY ESTUARY AND BEACH CLEANUP

     SEC. 1001. SHORT TITLE.

       This title may be cited as the ``Tijuana River Valley 
     Estuary and Beach Sewage Cleanup Act of 2000''.

     SEC. 1002. PURPOSE.

       The purpose of this title is to authorize the United States 
     to take actions to address comprehensively the treatment of 
     sewage emanating from the Tijuana River area, Mexico, that 
     flows untreated or partially treated into the United States 
     causing significant adverse public health and environmental 
     impacts.

     SEC. 1003. DEFINITIONS.

       In this title, the following definitions apply:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of the Environmental Protection Agency.
       (2) Commission.--The term ``Commission'' means the United 
     States section of the International Boundary and Water 
     Commission, United States and Mexico.
       (3) IWTP.--The term ``IWTP'' means the South Bay 
     International Wastewater Treatment Plant constructed under 
     the provisions of the Federal Water Pollution Control Act (33 
     U.S.C. 1251 et seq.), section 510 of the Water Quality Act of 
     1987 (101 Stat. 80-82), and Treaty Minutes to the Treaty for 
     the Utilization of Waters of the Colorado and Tijuana Rivers 
     and of the Rio Grande, dated February 3, 1944.
       (4) Secondary treatment.--The term ``secondary treatment'' 
     has the meaning such term has under the Federal Water 
     Pollution Control Act and its implementing regulations.
       (5) Secretary.--The term ``Secretary'' means the Secretary 
     of State.
       (6) Mexican facility.--The term ``Mexican facility'' means 
     a proposed public-private wastewater treatment facility to be 
     constructed and operated under this title within Mexico for 
     the purpose of treating sewage flows generated within Mexico, 
     which flows impact the surface waters, health, and safety of 
     the United States and Mexico.
       (7) MGD.--The term ``mgd'' means million gallons per day.

      SEC. 1004. ACTIONS TO BE TAKEN BY THE COMMISSION AND THE 
                   ADMINISTRATOR.

       (a) Secondary Treatment.--
       (1) In general.--Subject to the negotiation and conclusion 
     of a new Treaty Minute or the amendment of Treaty Minute 283 
     under section 1005 of this Act, and notwithstanding section 
     510(b)(2) of the Water Quality Act of 1987 (101 Stat. 81), 
     the Commission is authorized and directed to provide for the 
     secondary treatment of a total of not more than 50 mgd in 
     Mexico--
       (A) of effluent from the IWTP if such treatment is not 
     provided for at a facility in the United States; and
       (B) of additional sewage emanating from the Tijuana River 
     area, Mexico.
       (2) Additional authority.--Subject to the results of the 
     comprehensive plan developed under subsection (b) revealing a 
     need for additional secondary treatment capacity in the San 
     Diego-Tijuana border region and recommending the provision of 
     such capacity in Mexico, the Commission may provide not more 
     than an additional 25 mgd of secondary treatment capacity in 
     Mexico for treatment described in paragraph (1).
       (b) Comprehensive Plan.--Not later than 24 months after the 
     date of the enactment of this Act, the Administrator shall 
     develop a comprehensive plan with stakeholder involvement to 
     address the transborder sanitation problems in the San Diego-
     Tijuana border region. The plan shall include, at a minimum--
       (1) an analysis of the long-term secondary treatment needs 
     of the region;
       (2) an analysis of upgrades in the sewage collection system 
     serving the Tijuana area, Mexico; and
       (3) an identification of options, and recommendations for 
     preferred options, for additional sewage treatment capacity 
     for future flows emanating from the Tijuana River area, 
     Mexico.
       (c) Contract.--
       (1) In general.--Subject to the availability of 
     appropriations to carry out this subsection and 
     notwithstanding any provision of Federal procurement law, 
     upon conclusion of a new Treaty Minute or the amendment of 
     Treaty Minute 283 under section 5, the Commission may enter 
     into a fee-for-services contract with the owner of a Mexican 
     facility in order to carry out the secondary treatment 
     requirements of subsection (a) and make payments under such 
     contract.
       (2) Terms.--Any contract under this subsection shall 
     provide, at a minimum, for the following:
       (A) Transportation of the advanced primary effluent from 
     the IWTP to the Mexican facility for secondary treatment.
       (B) Treatment of the advanced primary effluent from the 
     IWTP to the secondary treatment level in compliance with 
     water quality laws of the United States, California, and 
     Mexico.
       (C) Return conveyance from the Mexican facility of any such 
     treated effluent that cannot be reused in either Mexico or 
     the United States to the South Bay Ocean Outfall for 
     discharge into the Pacific Ocean in compliance with water 
     quality laws of the United States and California.
       (D) Subject to the requirements of subsection (a), 
     additional sewage treatment capacity that provides for 
     advanced primary and secondary treatment of sewage described 
     in subsection (a)(1)(B) in addition to the capacity required 
     to treat the advanced primary effluent from the IWTP.
       (E) A contract term of 30 years.
       (F) Arrangements for monitoring, verification, and 
     enforcement of compliance with United States, California, and 
     Mexican water quality standards.
       (G) Arrangements for the disposal and use of sludge, 
     produced from the IWTP and the Mexican facility, at a 
     location or locations in Mexico.
       (H) Payment of fees by the Commission to the owner of the 
     Mexican facility for sewage treatment services with the 
     annual amount payable to reflect all agreed upon costs 
     associated with the development, financing, construction, 
     operation, and maintenance of the Mexican facility.
       (I) Provision for the transfer of ownership of the Mexican 
     facility to the United States, and provision for a 
     cancellation fee by the United States to the owner of the 
     Mexican facility, if the Commission fails to perform its 
     obligations under the contract. The cancellation fee shall be 
     in amounts declining over the term of the contract 
     anticipated to be sufficient to repay construction debt and 
     other amounts due to the owner that remain unamortized due to 
     early termination of the contract.
       (J) Provision for the transfer of ownership of the Mexican 
     facility to the United States, without a cancellation fee, if 
     the owner of the Mexican facility fails to perform the 
     obligations of the owner under the contract.
       (K) To the extent practicable, the use of competitive 
     procedures by the owner of the Mexican facility in the 
     procurement of property or services for the engineering, 
     construction, and operation and maintenance of the Mexican 
     facility.
       (L) An opportunity for the Commission to review and approve 
     the selection of contractors providing engineering, 
     construction, and operation and maintenance for the Mexican 
     facility.
       (M) The maintenance by the owner of the Mexican facility of 
     all records (including books, documents, papers, reports, and 
     other materials) necessary to demonstrate compliance with the 
     terms of this Act and the contract.
       (N) Access by the Inspector General of the Department of 
     State or the designee of the Inspector General for audit and 
     examination of all records maintained pursuant to 
     subparagraph (M) to facilitate the monitoring and evaluation 
     required under subsection (d).
       (3) Limitation.--The Contract Disputes Act of 1978 (41 
     U.S.C. 601-613) shall not apply to a contract executed under 
     this section.
       (d) Implementation.--
       (1) In general.--The Inspector General of the Department of 
     State shall monitor the implementation of any contract 
     entered into under this section and evaluate the extent to 
     which the owner of the Mexican facility has met the terms of 
     this section and fulfilled the terms of the contract.
       (2) Report.--The Inspector General shall transmit to 
     Congress a report containing the

[[Page S10027]]

     evaluation under paragraph (1) not later than 2 years after 
     the execution of any contract with the owner of the Mexican 
     facility under this section, 3 years thereafter, and 
     periodically after the second report under this paragraph.

     SEC. 1005. NEGOTIATION OF NEW TREATY MINUTE.

       (a) Congressional Statement.--In light of the existing 
     threat to the environment and to public health and safety 
     within the United States as a result of the river and ocean 
     pollution in the San Diego-Tijuana border region, the 
     Secretary is requested to give the highest priority to the 
     negotiation and execution of a new Treaty Minute, or a 
     modification of Treaty Minute 283, consistent with the 
     provisions of this title, in order that the other provisions 
     of this title to address such pollution may be implemented as 
     soon as possible.
       (b) Negotiation.--
       (1) Initiation.--The Secretary is requested to initiate 
     negotiations with Mexico, within 60 days after the date of 
     the enactment of this Act, for a new Treaty Minute or a 
     modification of Treaty Minute 283 consistent with the 
     provisions of this title.
       (2) Implementation.--Implementation of a new Treaty Minute 
     or of a modification of Treaty Minute 283 under this title 
     shall be subject to the provisions of the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
       (3) Matters to be addressed.--A new Treaty Minute or a 
     modification of Treaty Minute 283 under paragraph (1) should 
     address, at a minimum, the following:
       (A) The siting of treatment facilities in Mexico and in the 
     United States.
       (B) Provision for the secondary treatment of effluent from 
     the IWTP at a Mexican facility if such treatment is not 
     provided for at a facility in the United States.
       (C) Provision for additional capacity for advanced primary 
     and secondary treatment of additional sewage emanating from 
     the Tijuana River area, Mexico, in addition to the treatment 
     capacity for the advanced primary effluent from the IWTP at 
     the Mexican facility.
       (D) Provision for any and all approvals from Mexican 
     authorities necessary to facilitate water quality 
     verification and enforcement at the Mexican facility.
       (E) Any terms and conditions considered necessary to allow 
     for use in the United States of treated effluent from the 
     Mexican facility, if there is reclaimed water which is 
     surplus to the needs of users in Mexico and such use is 
     consistent with applicable United States and California law.
       (F) Any other terms and conditions considered necessary by 
     the Secretary in order to implement the provisions of this 
     title.

     SEC. 1006. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated such sums as may be 
     necessary to carry out this title.

  Mr. MACK. Mr. President, I ask unanimous consent that the Senate 
disagree with the amendment of the House, agree to the request for a 
conference, and the Chair be authorized to appoint conferees on the 
part of the Senate.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The Presiding Officer (Mr. Bennett) appointed Mr. Smith of New 
Hampshire, Mr. Warner, Mr. Crapo, Mr. Baucus, and Mrs. Boxer conferees 
on the part of the Senate.

                          ____________________