[Congressional Record Volume 146, Number 134 (Tuesday, October 24, 2000)]
[House]
[Pages H10537-H10550]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




  CONFERENCE REPORT ON S. 835, ESTUARIES AND CLEAN WATERS ACT OF 2000

  Mr. BOEHLERT submitted the following conference report and statement 
on the Senate 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:


[[Page H10538]]



                  Conference Report (H. Rept. 106-995)

       The committee of conference on the disagreeing votes of the 
     two Houses on the amendment of the House to the 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, having met, after full and free conferences, have 
     agreed to recommend and do recommend to their respective 
     Houses as follows:
       That the Senate recede from its disagreement to the 
     amendment of the House and agree to the same with an 
     amendment as follows:
       In lieu of the matter proposed to be inserted by the House 
     amendment, insert the following:

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Estuaries 
     and Clean Waters Act of 2000''.
       (b) Table of Contents.--

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. Estuary habitat restoration strategy.
Sec. 107. Monitoring of estuary habitat restoration projects.
Sec. 108. Reporting.
Sec. 109. Funding.
Sec. 110. General provisions.

                  TITLE II--CHESAPEAKE BAY RESTORATION

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

                  TITLE III--NATIONAL ESTUARY PROGRAM

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

                TITLE IV--LONG ISLAND SOUND RESTORATION

Sec. 401. Short title.
Sec. 402. Innovative methodologies and technologies.
Sec. 403. Assistance for distressed communities.
Sec. 404. Authorization of appropriations.

             TITLE V--LAKE PONTCHARTRAIN BASIN RESTORATION

Sec. 501. Short title.
Sec. 502. Lake Pontchartrain basin.

                  TITLE VI--ALTERNATIVE WATER SOURCES

Sec. 601. Short title.
Sec. 602. Pilot program for alternative water source projects.

                         TITLE VII--CLEAN LAKES

Sec. 701. Grants to States.
Sec. 702. Demonstration program.

       TITLE VIII--TIJUANA RIVER VALLEY ESTUARY AND BEACH CLEANUP

Sec. 801. Short title.
Sec. 802. Purpose.
Sec. 803. Definitions.
Sec. 804. Actions to be taken by the Commission and the Administrator.
Sec. 805. Negotiation of new treaty minute.
Sec. 806. Authorization of appropriations.

                      TITLE IX--GENERAL PROVISIONS

Sec. 901. Purchase of American-made equipment and products.
Sec. 902. Long-term estuary assessment.
Sec. 903. Rural sanitation grants.
                      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 through the 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 estuary habitat restoration efforts are based on 
     sound scientific understanding and innovative technologies.

     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, 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.
       (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).
       (7) 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).
       (8) 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(f)(2), a nongovernmental 
     organization.
       (9) Secretary.--The term ``Secretary'' means the Secretary 
     of the Army.
       (10) 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) Selection of Projects.--
       (1) In general.--The Secretary shall select estuary habitat 
     restoration projects from a list of project proposals 
     submitted by the Estuary Habitat Restoration Council under 
     section 105(b).
       (2) Required elements.--Each estuary habitat restoration 
     project selected by the Secretary must--
       (A) address restoration needs identified in an estuary 
     habitat restoration plan;
       (B) be consistent with the estuary habitat restoration 
     strategy developed under section 106;
       (C) include a monitoring plan that is consistent with 
     standards for monitoring developed under section 107 to 
     ensure that short-term and long-term restoration goals are 
     achieved; and
       (D) 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 items of local cooperation and 
     properly maintain the project.
       (3) Factors for selection of projects.--In selecting an 
     estuary habitat restoration project, the Secretary shall 
     consider the following factors:

[[Page H10539]]

       (A) Whether the project is part of an approved Federal 
     estuary management or habitat restoration plan.
       (B) The technical feasibility of the project.
       (C) The scientific merit of the project.
       (D) Whether the project will encourage increased 
     coordination and cooperation among Federal, State, and local 
     government agencies.
       (E) 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.
       (F) Whether the project is cost-effective.
       (G) 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.
       (H) Other factors that the Secretary determines to be 
     reasonable and necessary for consideration.
       (4) 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 (3)--
       (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 of or a 
     demonstration of an innovative technology having the 
     potential for improved cost-effectiveness in estuary habitat 
     restoration.
       (d) Cost Sharing.--
       (1) Federal share.--Except as provided in paragraph (2) and 
     subsection (e)(2), the Federal share of the cost of an 
     estuary habitat restoration project (other than the cost of 
     operation and maintenance of the project) carried out under 
     this title shall not exceed 65 percent of such cost.
       (2) Innovative technology costs.--The Federal share of the 
     incremental additional cost of including in a project pilot 
     testing of or a demonstration of an innovative technology 
     described in subsection (c)(4)(B) shall be 85 percent.
       (3) 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.
       (4) Operation and maintenance.--The non-Federal interests 
     shall be responsible for all costs associated with operating, 
     maintaining, replacing, repairing, and rehabilitating all 
     projects carried out under this section.
       (e) Interim Actions.--
       (1) In general.--Pending completion of the estuary habitat 
     restoration strategy to be developed under section 106, 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.
       (f) Cooperation of Non-Federal Interests.--
       (1) In general.--The Secretary may not carry out 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 (d)(3); and
       (B) provide for maintenance and monitoring of the project.
       (2) Nongovernmental organizations.--Notwithstanding section 
     221(b) of the Flood Control Act of 1970 (42 U.S.C. 1962d-
     5b(b)), for any project to be undertaken under this title, 
     the Secretary, in consultation and coordination with 
     appropriate State and local governmental agencies and Indian 
     tribes, may allow a nongovernmental organization to serve as 
     the non-Federal interest for the project.
       (g) 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, upon the recommendation 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 developing recommendations concerning such proposals 
     based on the factors specified in section 104(c)(3);
       (2) submitting to the Secretary a list of recommended 
     projects, including a recommended priority order and any 
     recommendation as to whether a project should be carried out 
     by the Secretary or by another Federal department or agency 
     under section 104(g);
       (3) developing and transmitting to Congress a national 
     strategy for restoration of estuary habitat;
       (4) periodically reviewing the effectiveness of the 
     national strategy in meeting the purposes of this title and, 
     as necessary, updating the national strategy; and
       (5) providing advice on the development of the database, 
     monitoring standards, and report required under sections 107 
     and 108.
       (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 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.
       (i) Advice.--The Council shall consult with persons with 
     recognized scientific expertise in estuary or estuary habitat 
     restoration, representatives of State agencies, local or 
     regional government agencies, and nongovernmental 
     organizations with expertise in estuary or estuary habitat 
     restoration, and representatives of Indian tribes, 
     agricultural interests, fishing interests, and other estuary 
     users--
       (A) to assist the Council in the development of the estuary 
     habitat restoration strategy to be developed under section 
     106; and
       (B) to provide advice and recommendations to the Council on 
     proposed estuary habitat restoration projects, including 
     advice on the scientific merit, technical merit, and 
     feasibility of a project.

     SEC. 106. ESTUARY HABITAT RESTORATION STRATEGY.

       (a) In General.--Not later than 1 year after the date of 
     enactment of this Act, the Council, 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
       (D) address other areas of concern that the Council 
     determines to be appropriate for consideration;
       (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

[[Page H10540]]

     and management, and other relevant information, the Council 
     may periodically review and update, as necessary, the estuary 
     habitat restoration strategy.

     SEC. 107. 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. 108. REPORTING.

       (a) In General.--At the end of the third and fifth fiscal 
     years following the date of 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 
     107(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. 109. 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) $40,000,000 for fiscal year 2001;
       (B) $50,000,000 for each of fiscal years 2002 and 2003;
       (C) $60,000,000 for fiscal year 2004; and
       (D) $75,000,000 for fiscal year 2005.
     Such sums 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 sums shall remain available until 
     expended.
       (b) Set-Aside for Administrative Expenses of the Council.--
     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.

     SEC. 110. 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 
     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.
       ``(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;

[[Page H10541]]

       ``(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.--
       ``(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 a 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.--A 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, 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, 2003, 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 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 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 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
       ``(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 $40,000,000 for 
     each of fiscal years 2001 through 2005. Such sums shall 
     remain available until expended.''.
                  TITLE III--NATIONAL ESTUARY PROGRAM

     SEC. 301. 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 amended by inserting ``Lake 
     Pontchartrain Basin, Louisiana and 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

[[Page H10542]]

     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 ``$35,000,000 for each of fiscal 
     years 2001 through 2005''.
                TITLE IV--LONG ISLAND SOUND RESTORATION

     SEC. 401. SHORT TITLE.

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

     SEC. 402. INNOVATIVE METHODOLOGIES AND TECHNOLOGIES.

       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 promoting 
     innovative methodologies and technologies that are cost-
     effective and consistent with the goals of the Plan'' before 
     the semicolon at the end.

     SEC. 403. 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.--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.
       ``(2) Priority.--In making assistance available under this 
     section for the upgrading of wastewater treatment facilities, 
     the Administrator may give priority to a distressed 
     community.''.

     SEC. 404. AUTHORIZATION OF APPROPRIATIONS.

       Section 119(f) of the Federal Water Pollution Control Act 
     (as redesignated by section 403 of this Act) is amended--
       (1) in paragraph (1) by striking ``1991 through 2001'' and 
     inserting ``2001 through 2005''; 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 $40,000,000 for each of fiscal 
     years 2001 through 2005''.
             TITLE V--LAKE PONTCHARTRAIN BASIN RESTORATION

     SEC. 501. SHORT TITLE.

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

     SEC. 502. LAKE PONTCHARTRAIN BASIN.

       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. 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; and
       ``(2) for public education projects recommended by the 
     management conference.
       ``(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 4 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 
     to carry out this section $20,000,000 for each of fiscal 
     years 2001 through 2005. Such sums shall remain available 
     until expended.
       ``(2) Public education projects.--Not more that 15 percent 
     of the amount appropriated pursuant to paragraph (1) in a 
     fiscal year may be expended on grants for public education 
     projects under subsection (d)(2).''.
                  TITLE VI--ALTERNATIVE WATER SOURCES

     SEC. 601. SHORT TITLE.

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

     SEC. 602. PILOT PROGRAM FOR ALTERNATIVE WATER SOURCE 
                   PROJECTS.

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

     ``SEC. 220. PILOT PROGRAM FOR ALTERNATIVE WATER SOURCE 
                   PROJECTS.

       ``(a) Policy.--Nothing in this section shall be construed 
     to affect the application of section 101(g) of this Act and 
     all of the provisions of this section shall be carried out in 
     accordance with the provisions of section 101(g).
       ``(b) In General.--The Administrator may establish a pilot 
     program to 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.
       ``(c) 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.
       ``(d) 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.).
       ``(3) Geographical distribution.--Alternative water source 
     projects selected by the Administrator under this section 
     shall reflect a variety of geographical and environmental 
     conditions.
       ``(e) 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.
       ``(f) 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.
       ``(g) 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.
       ``(h) Reports.--On or before September 30, 2004, the 
     Administrator shall transmit to Congress a report on the 
     results of the pilot program established under this section, 
     including progress made toward meeting the critical water 
     supply needs of the participants in the pilot program.
       ``(i) 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. Such term does not 
     include water treatment or distribution facilities.
       ``(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.
       ``(j) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section a total of 
     $75,000,000 for fiscal years 2002 through 2004. Such sums 
     shall remain available until expended.''.

[[Page H10543]]

                         TITLE VII--CLEAN LAKES

     SEC. 701. 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. 702. 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; Walker Lake, Nevada; Lake 
     Tahoe, California and Nevada; Ten Mile Lakes, Oregon; Woahink 
     Lake, Oregon; Highland Lake, Connecticut; Lily Lake, New 
     Jersey; Strawbridge Lake, New Jersey; Baboosic Lake, New 
     Hampshire; French Pond, New Hampshire; Dillon Reservoir, 
     Ohio; Tohopekaliga Lake, Florida; Lake Apopka, Florida; Lake 
     George, New York; Lake Wallenpaupack, Pennsylvania; Lake 
     Allatoona, Georgia;'' 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''.
       TITLE VIII--TIJUANA RIVER VALLEY ESTUARY AND BEACH CLEANUP

     SEC. 801. SHORT TITLE.

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

     SEC. 802. 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. 803. 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. 804. 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 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 20 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) Maintenance by the owner of the Mexican facility at all 
     times throughout the term of the contract of a 20 percent 
     equity position in the capital structure of the Mexican 
     facility.
       (I) 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, with such 
     annual payment to maintain the owner's 20 percent equity 
     position throughout the term of the contract.
       (J) 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.
       (K) 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.
       (L) The use of competitive procedures, consistent with 
     title III of the Federal Property and Administrative Services 
     Act of 1949 (41 U.S.C. 251 et seq.), 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.
       (M) An opportunity for the Commission to review and approve 
     the selection of contractors providing engineering, 
     construction, and operation and maintenance for the Mexican 
     facility.
       (N) 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 section and the contract.
       (O) 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 (N) to facilitate the monitoring and evaluation 
     required under subsection (d).
       (P) Offsets or credits against the payments to be made by 
     the Commission under this section to reflect an agreed upon 
     percentage of payments that the owner of the Mexican facility 
     receives through the sale of water treated by the facility.
       (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 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. 805. 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 
     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

[[Page H10544]]

     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. 806. AUTHORIZATION OF APPROPRIATIONS.

       There is authorized to be appropriated a total of 
     $156,000,000 for fiscal years 2001 through 2005 to carry out 
     this title. Such sums shall remain available until expended.
                      TITLE IX--GENERAL PROVISIONS

     SEC. 901. PURCHASE OF AMERICAN-MADE EQUIPMENT AND PRODUCTS.

       (a) In General.--It is the sense of Congress that, to the 
     extent practicable, all equipment and products purchased with 
     funds made available under this Act should be American made.
       (b) Notice to Recipients of Assistance.--The head of each 
     Federal Agency providing financial assistance under this Act, 
     to the extent practicable, shall provide to each recipient of 
     the assistance a notice describing the statement made in 
     subsection (a).

     SEC. 902. LONG-TERM ESTUARY ASSESSMENT.

       (a) In General.--The Secretary of Commerce (acting through 
     the Under Secretary for Oceans and Atmosphere) and the 
     Secretary of the Interior (acting through the Director of the 
     Geological Survey) may carry out a long-term estuary 
     assessment project (in this section referred to as the 
     ``project'') in accordance with the requirements of this 
     section.
       (b) Purpose.--The purpose of the project shall be to 
     establish a network of strategic environmental assessment and 
     monitoring projects for the Mississippi River south of 
     Vicksburg, Mississippi, and the Gulf of Mexico, in order to 
     develop advanced long-term assessment and monitoring systems 
     and models relating to the Mississippi River and other 
     aquatic ecosystems, including developing equipment and 
     techniques necessary to implement the project.
       (c) Management Agreement.--To establish, operate, and 
     implement the project, the Secretary of Commerce and the 
     Secretary of the Interior may enter into a management 
     agreement with a university-based consortium.
       (d) Authorization of Appropriations.--There is authorized 
     to be appropriated--
       (1) $1,000,000 for fiscal year 2001 to develop the 
     management agreement under subsection (c); and
       (2) $4,000,000 for each of fiscal years 2002, 2003, 2004, 
     and 2005 to carry out the project.

     Such sums shall remain available until expended.

     SEC. 903. RURAL SANITATION GRANTS.

       Section 303(e) of the Safe Drinking Water Act Amendments of 
     1996 (33 U.S.C. 1263a(e)) is amended by striking 
     ``$15,000,000'' and all that follows through ``section.'' and 
     inserting the following: ``to carry out this section 
     $40,000,000 for each of fiscal years 2001 through 2005.''.
       And the House agree to the same.
     Bud Shuster,
     Don Young,
     Sherwood Boehlert,
     Wayne T. Gilchrest,
     Tillie K. Fowler,
     Don Sherwood,
     John E. Sweeney,
     Steven T. Kuykendall,
     David Vitter,
     Jim Oberstar,
     Bob Borski,
     Jim Barcia,
     Bob Filner,
     Earl Blumenauer,
     John Baldacci,
                                Managers on the Part of the House.
     Bob Smith,
     John W. Warner,
     Michael D. Crapo,
     Max Baucus,
     Barbara Boxer,
                               Managers on the Part of the Senate.

       JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE

       The Managers on the part of the House and Senate at the 
     Conference on the disagreeing votes of the two Houses on the 
     amendment of the House to the bill (S. 835), to improve and 
     increase Federal, State and local efforts and to provide 
     funding to protect and enhance estuaries across the U.S., and 
     to address other clean water-related matters, submit the 
     following joint statement to the House and Senate in 
     explanation of the effect of the action agreed upon by the 
     Managers and recommended in the accompanying Conference 
     report.
       The House amendment struck all of the Senate bill after the 
     enacting clause and inserted a substitute text.
       The Senate recedes from its disagreement to the amendment 
     of the House with an amendment that is a substitute for the 
     Senate bill and the House amendment. The differences between 
     the Senate bill, the House amendment, and the substitute 
     agreed to in Conference are noted below, except for clerical 
     corrections and conforming changes made necessary by 
     agreements reached by the conferees, and minor drafting and 
     clerical changes.


              SECTION 1. SHORT TITLE AND TABLE OF CONTENTS

       The Conference substitute renames S. 835 as the ``Estuaries 
     and Clean Waters Act of 2000.''

                  Title I--Estuary Habitat Restoration

       Title I of the Conference substitute establishes a new 
     estuary habitat restoration program under the Secretary of 
     the Army. Title I is similar to title I in both the Senate 
     bill and House amendment. The Conferees adopted title I of 
     the House amendment with amendments. Differences between the 
     Senate bill, House amendment and Conference substitute are as 
     follows:


                         SECTION 102. PURPOSES

     Senate bill
       Section 103 of the Senate bill states that the purposes of 
     title I are to: restore one million acres of estuary habitat 
     by the year 2010; ensure coordination of existing Federal, 
     State, and local plans, programs, and studies; establish 
     partnerships among public agencies at all levels of 
     government and between the public and private sectors; 
     promote efficient financing of estuary habitat restoration 
     activities; and, develop and enhance monitoring and research 
     capabilities through use of the environmental technology 
     innovation program associated with the National Estuarine 
     Research Reserve System (NERRs), to ensure that restoration 
     efforts are based on sound scientific understanding and 
     innovative technologies.
     House amendment
       Section 102 of the House amendment states that the purposes 
     of title I are to: promote the restoration of estuary 
     habitat; 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; to provide Federal 
     assistance for estuary habitat restoration projects and to 
     promote efficient financing of such projects; and, 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.
     Conference substitute
       The purposes of the Senate bill and House amendment are 
     substantially similar. The Conference substitute adopts the 
     House amendment with an amendment. Section 102(4) is amended 
     to clarify that monitoring and research capabilities for 
     estuary habitat restoration efforts should be developed and 
     enhanced through the use of the environmental technology 
     innovation program associated with NERRs.


                        SECTION 103. DEFINITIONS

     Senate bill
       Section 104 of the Senate bill defines key terms used 
     throughout the bill, including ``Collaborative Council,'' 
     ``Degraded Estuary Habitat,'' ``Estuary,'' ``Estuary 
     Habitat,'' ``Estuary Habitat Restoration Activity,'' 
     ``Estuary Habitat Restoration Project,'' ``Estuary Habitat 
     Restoration Strategy,'' ``Federal Estuary Management or 
     Habitat Restoration Plan,'' ``Secretary,'' and ``Under 
     Secretary.''
       ``Estuary'' is defined as a body of water and its 
     associated physical, biological, and chemical elements, in 
     which fresh water from a river or stream meets and mixes with 
     salt water from the ocean. An exception to this definition is 
     made for estuary-like areas in the Great Lakes biogeographic 
     regions that are part of NERRs at the time of enactment of 
     this legislation.
       ``Estuary Habitat'' is defined as the complex of physical 
     and hydrologic features and living organisms within estuaries 
     and their associated ecosystems, including 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.
       ``Estuary Habitat Restoration Activity'' is defined as an 
     activity that results in improving degraded estuary habitat, 
     including both physical and functional restoration, with the 
     goal of attaining a self-sustaining ecologically-based system 
     that is integrated with the surrounding landscape. Eligible 
     activities include: the reestablishment of physical features 
     and biological and hydrologic functions; the cleanup of 
     contamination; the control of non-native and invasive 
     species, such as phragmites; and the reintroduction of native 
     species, such as the planting of eel grass. A project is 
     ineligible if it constitutes mitigation for the adverse 
     effects of an activity regulated or otherwise governed under 
     Federal or State law, or restoration for natural resource 
     damages required under any Federal or State law.
       ``Federal Estuary Management or Habitat Restoration Plan'' 
     is defined as any Federal

[[Page H10545]]

     plan for restoration of degraded estuary habitat that was 
     developed by a public body with the substantial participation 
     of appropriate public and private stakeholders and reflects a 
     community-based planning process.
     House amendment
       Section 103 of the House amendment also defines key terms, 
     including: ``Council,'' ``Estuary,'' ``Estuary Habitat,'' 
     ``Estuary Habitat Restoration Activity,'' ``Estuary Habitat 
     Restoration Project,'' ``Estuary Habitat Restoration Plan,'' 
     ``Indian Tribe,'' ``Non-Federal Interest,'' ``Secretary,'' 
     and ``State.''
       The definition of ``Estuary'' is based on section 104(n)(4) 
     of the Clean Water Act. The House amendment also specifies 
     that near coastal waters and wetlands of the Great Lakes that 
     are similar in form and function to estuaries are included in 
     this definition for the purposes of this title to make such 
     areas of the Great Lakes eligible for assistance under this 
     title.
       The definition of ``Estuary Habitat'' is similar to the 
     Senate bill, but does not list included habitats.
       The definition of ``Estuary Habitat Restoration Activity'' 
     is similar to the Senate bill but includes creating estuary 
     habitat and the construction of reefs.
       ``Estuary Habitat Restoration Plan'' is defined as any 
     Federal or State plan for restoration of degraded estuary 
     habitat that was developed with the substantial participation 
     of appropriate public and private stakeholders.
       ``Indian tribe'' is defined by referencing the meaning that 
     term has in section 4 of the Indian Self-Determination and 
     Education Assistance Act, which includes Alaska Natives 
     within the definition.
     Conference substitute
       Section 103 of the Conference substitute adopts the House 
     amendment with the following amendment. The Conference 
     substitute retains the House definition of the term 
     ``Estuary,'' which includes the near coastal waters and 
     wetlands of the Great Lakes that are similar in form and 
     function to estuaries. The Conference substitute adds a 
     specific reference to the Old Woman's Creek NERR in Ohio, 
     which is captured in the House definition. This reference was 
     included in the definition of ``Estuary'' in the Senate bill 
     after the Senate adopted by voice vote an amendment offered 
     by Senator Voinovich during the September 29, 1999 Senate 
     Committee on Environment and Public Works business meeting on 
     S. 835.
       The Conference substitute retains the prohibition against 
     any project that constitutes mitigation or restoration 
     required under Federal or State law. This provision does not 
     prohibit the implementation of an estuary habitat restoration 
     project that might also be eligible for funding under 
     voluntary habitat restoration or environmental programs. This 
     language also does not prohibit a non-Federal interest from 
     using funds secured under damage settlements to enhance 
     estuary habitat restoration projects.


            SECTION 104. ESTUARY HABITAT RESTORATION PROGRAM

     Senate Bill
       The Senate bill establishes a collaborative, interagency 
     process for the selection of estuary habitat restoration 
     projects to receive assistance under this title. The Senate 
     bill is based on the premise that the non-Federal interest 
     will implement the estuary habitat restoration project, with 
     funding provided by the Secretary of the Army. This approach 
     is intended to reduce delays, expedite project 
     implementation, and reduce unnecessary oversight and 
     paperwork costs.
       Section 106(b) of the Senate bill sets out the process for 
     selection of projects. This section specifies that a non-
     Federal interest must submit a project application for an 
     estuary habitat restoration project to the Collaborative 
     Council established under section 105 for review and 
     approval, and must obtain, where appropriate, the approval of 
     State or local agencies.
       Section 106(b) also sets forth the factors and priorities 
     that the Council is to use to select projects and the duties 
     of the non-Federal project sponsors. One of the priorities 
     listed is whether the project is part of an approved Federal 
     estuary management or restoration plan. For example, the 
     Sarasota Bay area in Florida is presently implementing a 
     comprehensive conservation and management plan (CCMP) under 
     the National Estuary Program (NEP), which focuses on 
     restoring lost habitat. The NEP is authorized by section 320 
     of the Clean Water Act. The habitat restoration is being 
     accomplished by: reducing nitrogen pollution to increase sea 
     grass coverage; constructing saltwater wetlands; and, 
     building artificial reefs for juvenile fish habitat. 
     Narragansett Bay in Rhode Island also is in the process of 
     implementing a CCMP. Current efforts to improve the Bay's 
     water quality and restore its habitat address the uniqueness 
     of the Narragansett Bay watershed.
       Section 106(c) authorizes interim habitat restoration 
     activities to be carried out before the Council completes an 
     estuary habitat restoration strategy. Section 106(d) allows a 
     nonprofit entity to serve as the non-Federal interest, after 
     coordination with the local official responsible for the 
     political jurisdiction in which the project will occur.
     House amendment
       Section 104(a) of the House amendment authorizes an estuary 
     habitat restoration program to be carried out by the 
     Secretary of the Army, acting through the Army Corps of 
     Engineers.
       Section 104(b) provides that estuary habitat restoration 
     projects must be submitted by non-Federal interests, 
     consistent with State or local laws.
       Section 104(c) sets forth required elements that eligible 
     estuary habitat restoration projects must have, including, 
     among others, that the project address restoration needs 
     identified in an estuary habitat restoration plan.
       Section 104(d) sets forth the factors and priorities that 
     the Secretary is to use to select which estuary habitat 
     restoration projects the Corps of Engineers will carry out, 
     after the Secretary considers the advice and recommendations 
     of the Estuary Habitat Restoration Council established under 
     section 105.
       Section 104(e) establishes the cost-sharing required for 
     each project. The non-Federal share of a project must include 
     necessary lands, easements, rights-of-way and relocations, 
     and may include services or any other form of in-kind 
     contributions that the Secretary determines to be an 
     appropriate contribution toward the monetary amount required 
     for the non-Federal share.
       Section 104(f) authorizes the Corps of Engineers to carry 
     out interim habitat restoration activities before the Council 
     completes an estuary habitat restoration strategy.
       Section 104(g) requires cooperation of non-Federal 
     interests and allows a nongovernmental organization to serve 
     as the non-Federal interest for a project, upon the 
     recommendation of the Governor of the State in which a 
     project is located, and in consultation with appropriate 
     local officials.
       Section 104(h) authorizes the Secretary of the Army to 
     delegate project implementation to other Federal agencies, 
     after considering the advice and recommendations of the 
     Estuary Habitat Restoration Council.
     Conference substitute
       The Conference substitute substantially adopts the House 
     estuary habitat program structure.
       Unlike the Senate bill, the House amendment does not 
     authorize grants. The House amendment provides that the 
     Secretary of the Army is responsible for implementing estuary 
     habitat restoration projects, similar to the responsibilities 
     in carrying out water resources projects under Water 
     Resources Development Acts. The Conference substitute adopts 
     the House approach. However, in the context of estuary 
     habitat restoration projects, it is expected that the Corps 
     of Engineers will streamline its process for review and 
     selection of projects. In particular, it is expected that the 
     Corps will not need to conduct a Feasibility Study, or 
     prepare a Chief's Report, for an estuary habitat restoration 
     project because the Council will have already reviewed and 
     evaluated a project proposal for technical feasibility, 
     merit, and cost-effectiveness. The Corps is also strongly 
     encouraged to keep its oversight and review costs and time to 
     carry out projects to a minimum.
       The Conference substitute makes several modifications to 
     the House amendment. First, the Conference substitute 
     enhances the role of the Estuary Habitat Restoration Council 
     established under section 105 of the House amendment in the 
     selection of estuary habitat restoration projects. In the 
     House amendment, the Secretary of the Army selects projects 
     after considering the advice and recommendations of the 
     Council. Section 104(c)(1) of the Conference substitute 
     directs the Secretary to select projects from a list 
     developed and submitted by the Council. The Council is to 
     review all project proposals submitted and prepare a list of 
     eligible projects that meet the statutory criteria. The 
     Council also is to prioritize the listed projects and make 
     any recommendations regarding whether the projects should be 
     delegated to other Federal agencies for implementation. The 
     Secretary must select projects from that list; the Secretary 
     may not use funds provided under this program to implement 
     estuary habitat restoration projects that are not included on 
     the list submitted by the Council.
       The Conference substitute also makes minor revisions to the 
     structure of the project selection process. The Conference 
     substitute retains the factors for selection of a project 
     from the House amendment and adds two factors from the Senate 
     bill: technical feasibility, and whether the project is part 
     of an approved Federal estuary management or habitat 
     restoration plan.
       The Conference substitute adds an innovative technology 
     cost-share provision to section 104(d), based on similar 
     language from section 107(e) of the Senate bill. New section 
     104(d)(2) provides that the Federal cost-share for the 
     incremental additional cost of implementing innovative 
     technologies in a project shall be 85 percent. The intent of 
     this increased cost-share is to encourage the use of 
     innovative technologies. Consistent with the stated purposes 
     of this title, it is expected that NERRs will identify some 
     of the innovative technologies that might be eligible for 
     funding.
       The Conference substitute also includes a new section 
     104(d)(4) on operation and maintenance costs that specifies 
     that non-Federal interests shall be responsible for all  
     costs associated with operating, maintaining, replacing, 
     repairing and rehabilitating all projects carried out 
     under this section.
       Section 104(f) of the Conference substitute retains 
     language from both the Senate bill

[[Page H10546]]

     and the House amendment that allows nongovernmental 
     organizations to serve as the non-Federal interest in an 
     estuary habitat restoration project with one modification. 
     Under the Conference substitute, the Secretary is required to 
     consult and coordinate with appropriate State and local 
     agencies and tribes before allowing a nongovernmental 
     organization to act as the non-Federal interest.
       In selecting estuary habitat restoration projects, the 
     Conferees direct the Secretary to give priority consideration 
     to the Wetlands Recovery Project for the Los Cerritos 
     Wetlands in Los Angeles County, California, and to a proposed 
     project for restoration of estuary habitat in the Great Bay 
     Estuary in New Hampshire.


   SECTION 105. ESTABLISHMENT OF ESTUARY HABITAT RESTORATION COUNCIL

     Senate bill
       Section 105 of the Senate bill establishes an interagency 
     Collaborative Council chaired by the Secretary of the Army, 
     with the participation of the Department of Commerce, acting 
     through the Under Secretary for Oceans and Atmosphere; the 
     Administrator of the Environmental Protection Agency (EPA); 
     and, the Secretary of the Interior, acting through the Fish 
     and Wildlife Service.
       Section 106 establishes the duties of the Collaborative 
     Council. Section 106(a) requires the Council to draft a 
     strategy that will serve as a national framework for 
     restoring estuaries. Under section 106(b), the Council is 
     also responsible for reviewing project applications and 
     determining the eligibility of specific proposals for 
     funding.
     House amendment
       Section 105 of the House amendment establishes the national 
     Estuary Habitat Restoration Council. The Council's function 
     is to review project proposals and make recommendations on 
     projects and priorities to the Secretary. The Council also 
     makes recommendations regarding whether specific projects 
     should be delegated to other agencies for implementation. In 
     addition, the Council is responsible for developing and 
     periodically reviewing, and updating as necessary, a national 
     strategy to restore estuary habitat and is to provide advice 
     on monitoring and reporting requirements under this title. 
     Under section 106, the Council is also directed to establish 
     an Advisory Board, which provides advice and recommendations 
     to the Council on the strategy and in the consideration of 
     project proposals.
       The Council has six members, including the Secretaries of 
     the Army, the Interior (acting through the Director of the 
     Fish and Wildlife Service), Commerce (acting through the 
     Under Secretary for Oceans and Atmosphere), and Agriculture; 
     the Administrator of EPA; and the head of any other Federal 
     agency designated by the President.
     Conference substitute
       The Conference substitute adopts the House amendment with 
     several amendments. First, in section 105(b), the Conference 
     substitute revises the Estuary Habitat Restoration Council's 
     duties so that the Council shall have a greater role in 
     recommending projects for the Secretary to carry out or to 
     delegate to another agency to carry out. The House amendment 
     directs the Council to solicit, review, and evaluate project 
     proposals and make recommendations to the Secretary, 
     including recommending prioritization of projects and 
     delegation of project implementation to another agency. The 
     Conference substitute retains these provisions, but includes 
     a requirement that the Council submit a list of recommended 
     projects to the Secretary, which shall include prioritization 
     and delegation recommendations. Section 104 of the Conference 
     substitute requires the Secretary to select projects from 
     this list.
       The Conference substitute also adds a new section 105(i) 
     that directs the Council to consult with a broad range of 
     experts in estuary or estuary habitat restoration and with 
     estuary users to assist in the development of the estuary 
     habitat restoration strategy developed under section 106. The 
     Council also shall seek the advice and recommendations of 
     experts on proposed projects, including the projects' 
     scientific and technical merit, and feasibility. In 
     particular, the Council shall consult with scientific experts 
     and representatives of State, local or regional agencies, and 
     non-governmental organizations with expertise in estuary or 
     estuary habitat restoration, as well as Indian Tribes, 
     agricultural interests, fishing interests, and other estuary 
     users. This provision is similar to section 106(a)(4) of the 
     Senate bill, and replaces section 106 in the House amendment 
     that created a formal advisory board.


           SECTION 106. ESTUARY HABITAT RESTORATION STRATEGY

     Senate bill
       Section 106(a) of the Senate bill requires the 
     Collaborative Council, in consultation with non-Federal 
     participants, to draft a strategy that will serve as a 
     national framework for restoring estuaries. In developing the 
     strategy, the Council is directed to consider the 
     contributions of estuary habitat to wildlife; fish and 
     shellfish; surface and ground water quality and quantity and 
     flood control; outdoor recreation and other concerns; 
     estimated historic losses of estuary habitat; and the most 
     appropriate way to balance small and large estuary habitat 
     restoration projects.
     House amendment
       Section 107 of the House amendment directs the Council, in 
     consultation with the advisory board established under 
     section 106, to develop a national estuary habitat 
     restoration strategy. The strategy is intended to help 
     maximize the benefits derived from estuary habitat 
     restoration projects selected for implementation, and to 
     foster coordination of Federal and non-Federal efforts to 
     restore estuary habitat. The Council is directed to publish a 
     draft of the strategy in the Federal Register and provide a 
     public comment period of sufficient length to provide a 
     meaningful opportunity for public review and comment.
       Section 107(b) specifically provides that the goal of the 
     strategy shall be to restore one million acres of estuary 
     habitat by 2010.
     Conference substitute
       Section 106 of the Conference substitute adopts the House 
     amendment with only minor changes. The Conference substitute 
     specifically adopts the language establishing as the goal of 
     the strategy the restoration of one million acres of estuary 
     habitat. This goal is consistent with one of the stated 
     purposes of the Senate bill.


    SECTION 107. MONITORING OF ESTUARY HABITAT RESTORATION PROJECTS

     Senate bill
       Section 108(a) of the Senate bill directs the Under 
     Secretary for Oceans and Atmosphere of the Department of 
     Commerce, acting through the National Oceanic and Atmospheric 
     Administration (NOAA), to maintain a database of restoration 
     projects carried out under this title, including information 
     on project techniques, project completion, monitoring data, 
     and other relevant information. This section is intended to 
     ensure that available information will be used to improve the 
     methods for assuring successful long-term habitat 
     restoration.
     House amendment
       Section 108 of the House amendment directs the Under 
     Secretary for Oceans and Atmosphere of the Department of 
     Commerce, in consultation with the Council, to develop and 
     maintain, using existing NOAA programs, a database with 
     information on estuary habitat restoration projects carried 
     out under this title. The Under Secretary will also develop 
     monitoring standards for data types and format, as well as 
     for monitoring frequency.
     Conference substitute
       Section 107 of the Conference substitute adopts the House 
     amendment.


                         SECTION 108. REPORTING

     Senate bill
       Section 108(b) of the Senate bill directs the Council to 
     submit a biennial report to Congress that describes program 
     activities, including the number of acres of estuary habitat 
     restored; the percent of restored habitat monitored under a 
     plan; the types of restoration methods employed; the 
     activities of governmental and non-governmental entities with 
     respect to habitat restoration; and the effectiveness of the 
     restoration projects.
     House amendment
       Section 109 of the House amendment requires the Secretary, 
     after considering the advice and recommendations of the 
     Council, to submit a report to Congress at the end of the 
     third and fifth fiscal years after enactment of this title. 
     The report must include information on the number of acres of 
     estuary habitat restored; information from the database 
     related to ongoing monitoring projects; an estimate of the 
     long-term success of varying restoration techniques; a review 
     of how the information on restoration techniques has been 
     incorporated into the selection and implementation of estuary 
     habitat restoration projects; and a review of efforts to 
     maintain an appropriate database of habitat restoration 
     projects.
     Conference substitute
       Section 108 of the Conference substitute adopts the House 
     amendment.


                          SECTION 109. FUNDING

     Senate bill
       Section 111 of the Senate bill authorizes a total of $315 
     million over five years to assist States and other non-
     Federal persons in carrying out estuary habitat restoration 
     projects as follows: $40 million for fiscal year 2001; $50 
     million for fiscal year 2002; and, $75 million for each of 
     fiscal years 2003 through 2005.
     House amendment
       Section 110 of the House amendment authorizes a total of 
     $200 million over five years for the Secretary of the Army to 
     carry out and provide technical assistance for estuary 
     habitat restoration projects as follows: $30 million for 
     fiscal year 2001; $35 million for fiscal year 2002; and $45 
     million for each of fiscal years 2003 through 2005. Of the 
     annual authorizations, the Secretary may use no more than 
     three percent, or $1.5 million, whichever is greater, for 
     administration and operation of the Council.
       The House amendment also authorizes $1.5 million for each 
     of fiscal years 2001 through 2005 for NOAA to acquire, 
     maintain, and manage monitoring data on estuary habitat 
     restoration projects.
     Conference substitute
       Section 109 of the Conference substitute adopts the House 
     amendment with an amendment. It authorizes a total of $275 
     million over five years to carry out and provide technical 
     assistance for estuary habitat restoration projects as 
     follows: $40 million for

[[Page H10547]]

     fiscal year 2001; $50 million for fiscal years 2002 and 2003; 
     $60 million for fiscal year 2004; and $75 million for fiscal 
     year 2005.


                    SECTION 110. GENERAL PROVISIONS

     Senate bill
       Section 113(a) of the Senate bill specifies that the 
     Secretary of the Army has the authority to carry out estuary 
     habitat restoration projects.
       Section 113(b) makes certain sections of the Water 
     Resources Development Act of 1986 inapplicable to this title.
       Section 113(c) adds estuary habitat restoration as a 
     mission of the Corps of Engineers.
       Section 113(d) allows other Federal agencies to provide 
     assistance to the Collaborative Council.
       Section 113(e) requires an analysis of the personnel and 
     funding needed for the Collaborative Council.
     House amendment
       Section 111(a) of the House amendment requires the 
     Secretary of the Army to consult with other Federal agencies, 
     as necessary.
       Section 111(b) authorizes the Secretary of the Army to 
     enter into cooperative agreements with Federal, State, and 
     local agencies and other entities.
       Section 111(c) authorizes other Federal agencies to 
     cooperate in carrying out this title.
       Section 111(d) requires the Secretary of the Army to 
     identify and map sites appropriate for beneficial uses of 
     dredged material.
       Section 111(e) requires EPA to conduct a study of the 
     efficacy of bioremediation products.
     Conference substitute
       Section 110 of the Conference substitute adopts the House 
     amendment. The Secretary of the Army is to carry out this 
     title in accordance with the provisions of this title, not 
     Water Resources Development Acts.

                  Title II--Chesapeake Bay Restoration

       The Chesapeake Bay (the Bay) is the largest estuary in the 
     United States, and the first estuary in the nation to be 
     targeted for restoration as a single ecosystem. The Bay 
     covers 4,431 square miles, and the Bay watershed covers 
     64,000 square miles including areas of Delaware, Maryland, 
     New York, Pennsylvania, Virginia, West Virginia, and the 
     District of Columbia. Over 100,000 streams and rivers drain 
     into the Bay, with the Susquehanna River draining 42 percent 
     of the watershed. The Bay is a national and regional resource 
     that provides millions of pounds of seafood, functions as a 
     center for shipping and commerce and is home to thousands of 
     species of wildlife. In 1983, Maryland, Pennsylvania, 
     Virginia, the District of Columbia, and EPA signed the 
     Chesapeake Bay Agreement (the Agreement), which established 
     the Chesapeake Bay Program.
       The Chesapeake Bay Program has evolved considerably since 
     1983 and has become a model for other estuary restoration and 
     protection programs around the world. The 1987 amendments to 
     the Agreement expanded the initial restoration efforts by 
     targeting nutrient over-enrichment as the Bay's major problem 
     and establishing a goal to reduce nutrients flowing into the 
     Bay by 40 percent. This Agreement included 28 other specific 
     commitments to address key issues in habitat, water quality, 
     population growth, public information and public access. The 
     1992 amendments to the Agreement moved the program upriver 
     and committed the 40 percent nutrient reduction goal to the 
     ten major tributaries of the Bay beyond the year 2000.
       The Water Quality Act of 1987 formally authorized EPA's 
     participation in the Chesapeake Bay Program by adding section 
     117 to the Clean Water Act. Section 117 created the 
     Chesapeake Bay Program office within EPA. The office helps to 
     coordinate State and Federal efforts to restore and protect 
     the Bay, makes information available to the public and 
     conducts scientific research on the Bay. Section 117 
     authorized $3 million a year for fiscal years 1987 through 
     1990 to support the activities of the Chesapeake Bay Program 
     office, and $10 million a year for fiscal years 1987 through 
     1990 for matching interstate development grants.
       Title II of the Conference substitute amends section 117 of 
     the Clean Water Act and reauthorizes the Chesapeake Bay 
     Program. Title II of the Senate bill and the House amendment 
     also amend section 117 of the Clean Water Act, and are 
     substantially the same. The Conferees adopted the House 
     amendment with the following amendments:
       In new section 117(d), the Conference substitute adopts 
     language from the Senate bill authorizing EPA to make 
     assistance grants to non-Federal entities to carry out 
     this section. Such grants may include assistance for 
     monitoring activities, data collection, and research.
       In new section 117(g), the Conference substitute adopts 
     language from the Senate bill that requires the Administrator 
     to ensure that management plans are developed and 
     implementation is begun by signatories of the Agreement not 
     only to achieve, but also to maintain, the goals of that 
     Agreement.
       In new section 117(j), the Conference substitute authorizes 
     $40 million for each of fiscal years 2001 through 2005 to 
     carry out this section.

                  Title III--National Estuary Program

       Title III of the Conference substitute amends section 320 
     of the Clean Water Act and reauthorizes the NEP. This title 
     is substantially similar to title III in the House amendment 
     and section 112 of the Senate bill. The Conferees adopted 
     title III of the House amendment with amendments. Differences 
     between the Senate bill, House amendment and Conference 
     substitute are as follows:


           SECTION 301. ADDITION TO NATIONAL ESTUARY PROGRAM

     Senate bill
       The Senate bill did not have a comparable provision.
     House amendment
       Section 301 of the House amendment amends section 
     320(a)(2)(B) of the Clean Water Act to identify two 
     additional estuaries as priorities for inclusion in the NEP.
     Conference substitute
       Section 301 of the Conference substitute identifies only 
     one additional estuary, Lake Pontchartrain Basin, as a 
     priority for inclusion in the NEP.


                          SECTION 302. GRANTS

     Senate bill
       Section 112(a) of the Senate bill amends section 320(g)(2) 
     of the Clean Water Act to provide explicit authority for EPA 
     to make grants to implement CCMPs. Examples of implementation 
     activities include: enhanced monitoring activities; habitat 
     mapping; habitat acquisition; best management practices to 
     reduce urban and rural polluted runoff; and, the organization 
     of workshops for local elected officials and professional 
     water quality managers about habitat and water quality 
     issues.
     House amendment
       Section 302 of the House amendment amends both paragraphs 
     (2) and (3) of section 320(g) of the Clean Water Act. The 
     amendment to paragraph (2) is identical to the Senate bill. 
     The amendment to paragraph (3) establishes a Federal cost-
     share of up to 50 percent for implementation grants. Under 
     this title, construction of projects that are treatment works 
     as defined in the Clean Water Act will be subject to the 
     requirements of the Davis-Bacon Act as provided in Section 
     513 of the Clean Water Act. Some of the construction 
     authorized by the reported bill may not come within the 
     definition of treatment works. The House has not addressed 
     the issue of whether these construction projects should be 
     covered by the Davis-Bacon Act, and the House amendment 
     should not be considered as a precedent on this issue.
     Conference substitute
       Section 302 of the Conference substitute adopts the House 
     amendment.


              SECTION 303. AUTHORIZATION OF APPROPRIATIONS

     Senate bill
       Section 112(b) of the Senate bill authorizes $25 million 
     for each of fiscal years 2001 and 2002 to carry out section 
     320 of the Clean Water Act.
     House amendment
       Section 303 of the House amendment authorizes $50 million 
     for each of fiscal years 2000 through 2004 to carry out 
     section 320 of the Clean Water Act.
     Conference Substitute
       Section 303 of the Conference substitute authorizes $35 
     million for each of fiscal years 2001 through 2005 to carry 
     out section 320 of the Clean Water Act.

                Title IV--Long Island Sound Restoration

       Title IV of the Conference substitute amends section 119 of 
     the Clean Water Act and reauthorizes the Long Island Sound 
     program. This title is similar to title V in the House 
     amendment and title III in the Senate bill. The Conferees 
     adopted title V of the House amendment with amendments. 
     Differences between the Senate bill, House amendment and 
     Conference substitute are as follows:


         SECTION 402. INNOVATIVE METHODOLOGIES AND TECHNOLOGIES

     Senate bill
       The Senate bill did not have a comparable section.
     House amendment
       Section 502 of the House amendment amends section 119(c)(1) 
     of the Clean Water Act to encourage the Long Island Sound 
     Office to assist and support 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 CCMP for 
     Long Island Sound. This amendment does not affect any 
     existing regulatory authorities under the Clean Water Act.
     Conference substitute
       Section 402 of the Conference substitute amends the House 
     amendment regarding the duties of the Long Island Sound 
     Office. The amendment to section 119(c)(1) of the Clean Water 
     Act encourages the Office to assist in the implementation of 
     the Long Island Sound CCMP, including efforts, within the 
     process of granting a watershed general permit, to promote 
     innovative methodologies and technologies, and other cost 
     effective measures consistent with the goals of the CCMP. EPA 
     should support innovative methodologies and technologies 
     through out the program.
       This assistance is to be provided under the existing 
     authorities of the Clean Water Act and the laws of New York 
     and Connecticut, or any subsequent amendments to such 
     authorities or laws. The amendment does not

[[Page H10548]]

     affect any existing statutory or regulatory authorities under 
     the Clean Water Act.


           SECTION 403. ASSISTANCE FOR DISTRESSED COMMUNITIES

     Senate bill
       The Senate bill did not have a comparable section.
     House amendment
       Section 503 of the House amendment amends section 119 of 
     the Clean Water Act by adding a new subsection authorizing 
     New York and Connecticut to use their state revolving funds, 
     established under title VI of the Clean Water Act, to provide 
     additional subsidization when making a loan to a distressed 
     community for the purposes of assisting the implementation of 
     the CCMP for Long Island Sound. The total amount of loan 
     subsidies made by a State may not exceed 30 percent of the 
     amount of the capitalization grant received by the State for 
     a year.
       Under this section, the States of New York and Connecticut 
     would establish affordability criteria, after public review 
     and comment, to be used to determine which  communities are 
     distressed. In establishing these criteria, the States 
     must consider the extent to which the rate of growth of a 
     community's tax base has been historically slow such that 
     implementing the CCMP would result in significant 
     increases in any water or sewer rate charged by the 
     community's publicly-owned wastewater treatment facility. 
     EPA is authorized to publish information to assist States 
     in establishing affordability criteria. A State is 
     authorized to give priority to distressed communities in 
     making assistance available under this section for the 
     upgrading of wastewater treatment facilities.
     Conference substitute
       Section 403 of the Conference substitute adopts the House 
     amendment with an amendment. The Conference substitute does 
     not adopt the provisions of the House amendment allowing loan 
     subsidies for loans made to distressed communities from a 
     State's revolving loan funds. The Conference substitute 
     addresses distressed communities by allowing EPA to give 
     distressed communities, which are upgrading wastewater 
     treatment facilities, priority in making assistance available 
     under section 119(d). A distressed community is any community 
     that meets affordability criteria established by the State in 
     which the community is located, after public review and 
     comment.


             SECTION 404. REAUTHORIZATION OF APPROPRIATIONS

     Senate bill
       Section 404 of the Senate bill authorizes $10 million for 
     each of fiscal years 2001 through 2006 to carry out section 
     119(d) of the Clean Water Act.
     House amendment
       Section 504 of the House amendment authorizes $80 million 
     for each of fiscal years 2000 through 2003 to carry out 
     section 119(d) of the Clean Water Act.
     Conference substitute
       Section 404 of the Conference substitute authorizes $40 
     million for each of fiscal years 2001 through 2005 to carry 
     out section 119(d) of the Clean Water Act.

             Title V--Lake Pontchartrain Basin Restoration

       Title V of the Conference substitute amends title I of the 
     Clean Water Act adding a new section 121 establishing the 
     Lake Pontchartrain Basin Restoration Program within EPA. This 
     title is substantially similar to title VI of the House 
     amendment. The Senate bill had no comparable title. The 
     Conferees agreed to adopt title VI of the House amendment 
     with amendments. Differences between the House amendment and 
     Conference substitute are as follows:


                 SECTION 502. LAKE PONTCHARTRAIN BASIN

     House amendment
       Section 602 of the House amendment states a Congressional 
     finding that the Lake Pontchartrain Basin is an estuary of 
     national significance. It amends section 320(a)(2)(B) of the 
     Clean Water Act to add the Lake Pontchartrain Basin to the 
     list of estuaries to receive priority consideration for 
     inclusion in the NEP.
       Section 603 adds a new section 122 to title I of the Clean 
     Water Act that establishes a Lake Pontchartrain Basin Program 
     within EPA. The purpose of the program is to restore the 
     ecological health of the Basin by developing and funding 
     restoration projects and related scientific and public 
     education projects.
       To carry out the program, the new section 122 requires EPA: 
     to provide administrative and technical assistance to a 
     management conference for the Lake Pontchartrain Basin 
     convened under the NEP; to assist and support the activities 
     of the management conference, including implementation of 
     recommendations of the management conference; to support 
     environmental monitoring of the Basin and research to provide 
     necessary technical and scientific information; to develop a 
     comprehensive research plan to address the technical needs of 
     the program; to coordinate the grant, research, and planning 
     programs authorized under this section; and to collect, and 
     make available to the public, publications and other forms of 
     information that the management conference determines to be 
     appropriate relating to the environmental quality of the 
     Basin.
       The new section 122 authorizes $5 million in EPA grants for 
     each of fiscal years 2001 through 2005 for restoration 
     projects and studies and for public education projects 
     recommended by the management conference, although no more 
     than 15 percent of annual appropriations should be spent on 
     grants for public education projects. It also authorizes $100 
     million in EPA grants for an inflow and infiltration project 
     sponsored by the New Orleans Sewerage and Water Board and 
     Jefferson Parish, Louisiana.
     Conference substitute
       Section 502 of the Conference substitute adopts the House 
     amendment with amendments. The substitute authorizes $20 
     million in funding for the Lake Pontchartrain Basin Program 
     for each of fiscal years 2001 through 2005, and deletes the 
     specific authorization for funding for the inflow and 
     infiltration project.
       The Conferees agreed to clarify several issues in House 
     Transportation and Infrastructure Committee Report 106-594. 
     In particular, the list of participants in the management 
     conference to be convened to carry out the Lake Pontchartrain 
     Basin Restoration Program in Report 106-594 is not exclusive. 
     The management conference should be broad-based, and may also 
     include local government representatives and representatives 
     from affected industries and the general public, as 
     determined under section 320(c). The Conferees also intend 
     for the management conference to consult with the executives 
     of all 16 Louisiana parishes and appropriate local government 
     officials of four Mississippi counties located in the Lake 
     Pontchartrain Basin. Further, priority should be given to 
     funding for a parish-wide water and sewer systems study in 
     Tammany Parish.

                  Title VI--Alternative Water Sources

       Title VI of the Conference substitute amends title II of 
     the Clean Water Act adding a new section 220 establishing a 
     pilot program for alternative water sources. This title is 
     similar to title VII of the House amendment. The Senate bill 
     had no comparable title. The Conferees adopted title VII of 
     the House amendment with amendments. Differences between the 
     House amendment and Conference substitute are as follows:


        SECTION 602. PILOT PROGRAM FOR ALTERNATIVE WATER SOURCES

     House amendment
       Section 702 of the House amendment amends the Clean Water 
     Act by adding a new section 220, ``Grants for Alternative 
     Water Source Projects.''
       Section 220(a) authorizes EPA to make grants for 
     alternative water source projects to meet critical water 
     supply needs.
       Section 220(b) specifies that eligibility for grants is 
     restricted to those entities with authority under State law 
     to develop or provide water for municipal and industrial, or 
     agricultural uses in areas that are experiencing critical 
     water supply needs.
       Section 220(c)(1) prohibits a project that has received 
     funds under the Bureau of Reclamation's water reclamation and 
     reuse program from being eligible for grant assistance under 
     this section. Section 220(c)(2) requires EPA to consider 
     whether a project is eligible under the Bureau of 
     Reclamation's water reclamation and reuse program when 
     selecting projects for grants under this section.
       Section 220(d)(1) prohibits the appropriation of funds for 
     a project with a Federal cost greater than $3 million if the 
     project has not been approved by a resolution adopted by 
     either the House or Senate authorizing committee of 
     jurisdiction. In order to secure the appropriate authorizing 
     committee's consideration of a committee resolution for a 
     proposed project, section 220(d)(2) requires EPA and the non-
     Federal sponsor for the proposed project to provide to the 
     Committee the required information on the project, including 
     project costs, and area water supply needs.
       Section 220(e) provides that grant funding 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 
     grant funding may not be used for operation, maintenance, 
     replacement, repair or rehabilitation of such projects.
       Section 220(f) provides that the Federal cost-share for a 
     project receiving assistance under this section shall not 
     exceed 50 percent of the eligible costs.
       Section 220(g)(1) requires that each recipient of a grant 
     under this section submit a report to EPA on the eligible 
     activities carried out by the recipient using grant funding. 
     This report shall be submitted to EPA no later than 18 months 
     after the date the recipient receives grant funding and every 
     two years thereafter, until the alternative water source 
     project funded by the grant is complete. Section 220(g)(2) 
     requires EPA to submit a report to Congress on the progress 
     made toward meeting the critical water supply needs of the 
     grant recipients under this section. This report is to be 
     transmitted to Congress on or before September 30, 2004.
       Section 220(h) defines key terms. ``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. These projects fall within the definition of 
     treatment works in section 212 of the Clean Water Act. All 
     such projects, including wastewater treatment projects, 
     should be designed to provide water supplies in an 
     environmentally sustainable manner. ``Critical

[[Page H10549]]

     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.
       To carry out the new section 220, section 220(i) authorizes 
     $75 million for each of fiscal years 2000 through 2004.
     Conference substitute
       Section 602 of the Conference substitute adopts the House 
     amendment with amendments, including narrowing the title to a 
     pilot program.
       Section 220(a) is added stating that nothing in the pilot 
     program shall affect the application of section 101(g) of the 
     Clean Water Act, which states Congressional policy that 
     nothing in the Act shall supersede State authority to 
     allocate water quantities or State rights to such quantities.
       Section 220(d)(3) is added to require selected projects to 
     reflect a variety of geographical and environmental 
     conditions.
       Section 220(h) is revised to require EPA to report to 
     Congress on the results of the pilot program, including 
     progress made by program participants in meeting their 
     critical water supply needs.
       In section 220(i)(1), the definition of ``Alternative Water 
     Source Project'' adopts the House definition with a 
     clarification that such term does not include water treatment 
     or distribution facilities.
       Section 220(j) authorizes a total of $75 million for the 
     pilot program for fiscal years 2002 through 2004.

                         Title VII--Clean Lakes

       Title VII of the Conference substitute reauthorizes and 
     amends the Clean Lakes Program under section 314 of the Clean 
     Water Act. This title is substantially similar to title VIII 
     of the House amendment. The Senate bill had no comparable 
     title. The Conferees adopted title VIII of the House 
     amendment with amendments. Differences between the House 
     amendment and Conference substitute are as follows:


                   SECTION 702. DEMONSTRATION PROGRAM

     House amendment
       Section 801 of the House amendment amends section 314(c)(2) 
     of the Clean Water Act by authorizing $50 million for grants 
     to States to implement the Clean Lakes Program for each of 
     fiscal years 2001 through 2005.
       Section 802 amends section 314(d) of the Clean Water Act 
     by: adding several lakes to the list of lakes to receive 
     priority consideration for demonstration projects in 
     paragraph (2); preventing the report to Congress on the Clean 
     Lakes demonstration program in paragraph (3) from expiring 
     under the Federal Reports Elimination and Sunset Act of 1995; 
     and, increasing the special authorization of financial 
     assistance to States to carry out methods and procedures to 
     mitigate harmful effects of high acidity from acid deposition 
     or acid mine drainage in paragraph (4) from $15 million to 
     $25 million.
     Conference substitute
       Section 702 of the Conference substitute amends section 
     314(d)(2) of the Clean Water Act authorizing demonstration 
     projects to be undertaken in the following lakes, in addition 
     to those in the House amendment: Lake Tahoe, California and 
     Nevada; Highland Lake, Connecticut; Lake Apopka and 
     Tohopekaliga Lake, Florida; Lake Allatoona, Georgia; Walker 
     Lake, Nevada; Baboosic Lake and French Pond, New Hampshire; 
     Lily Lake and Strawbridge Lake, New Jersey; Lake George, New 
     York; Dillon Reservoir, Ohio; Ten Mile Lakes, and Woahink 
     Lake, Oregon; and, Lake Wallenpaupack, Pennsylvania.

       Title VIII--Tijuana River Valley Estuary and Beach Cleanup

       Title VIII of the Conference substitute authorizes certain 
     actions to address the comprehensive treatment of sewage 
     emanating from the Tijuana River to reduce water pollution in 
     the San Diego, California border region. This title is 
     substantially similar to title X of the House amendment. The 
     Senate bill had no comparable title. The Conferees adopted 
     title X of the House amendment with amendments. Differences 
     between the House amendment and Conference substitute are as 
     follows:


      SECTION 804. ACTIONS TO BE TAKEN BY THE COMMISSION AND THE 
                             ADMINISTRATOR

     House amendment
       Subject to the negotiation and conclusion of a new treaty 
     minute or amendment to Minute 283, section 1004(a) of the 
     House amendment authorizes and directs the International and 
     Boundary Water Commission (the Commission) to provide 
     secondary treatment for a total of not more than 50 million 
     gallons per day (mgd) in Mexico of both primary advanced 
     effluent pumped from the International Wastewater Treatment 
     Plant (IWTP) in San Diego and any additional sewage emanating 
     from the Tijuana River area in Mexico.
       Section 1004(b) directs EPA to develop a comprehensive plan 
     with stakeholder involvement within two years of the date of 
     enactment of the title. The comprehensive plan will analyze 
     the long-term secondary treatment needs for the San Diego-
     Tijuana border region, and make recommendations for preferred 
     options to provide additional treatment capacity for future 
     flows emanating from the Tijuana River area. If the 
     comprehensive plan includes a recommendation for additional 
     treatment capacity to be provided in Mexico rather than in 
     the U.S., the Commission is authorized to provide not more 
     than an additional 25 mgd of such capacity in Mexico.
       Subject to the availability of appropriations, section 
     1004(c) authorizes the Commission to enter into a fee-for-
     services contract and make payments on behalf of the U.S. for 
     treatment services rendered under the contract with the owner 
     of a Mexican facility. Section 1004(c)(2) requires the 
     contract to include, at a minimum, the terms listed in the 
     following subparagraphs:
       (A) that the advanced primary effluent from the IWTP be 
     transported to the Mexican facility;
       (B) that the advanced primary effluent from the IWTP be 
     treated to the secondary treatment level in compliance with 
     U.S., California, and Mexican water quality laws;
       (C) that any effluent treated at the Mexican facility not 
     reused in Mexico or the U.S. is returned for discharge 
     through the South Bay Ocean Outfall off the coast of San 
     Diego, and that it is in compliance with U.S. and California 
     water quality laws;
       (D) that the Mexican facility may provide sewage treatment 
     capacity in addition to the capacity needed to treat the 
     advanced primary effluent pumped from the IWTP, if 
     recommended as a preferred option in the EPA comprehensive 
     plan analyzing the long-term treatment needs and recommending 
     preferred options to provide such treatment;
       (E) that the contract has a term of 30 years;
       (F) that arrangements are made for the monitoring, 
     verification, and enforcement of compliance with U.S., 
     California and Mexican water quality standards;
       (G) that arrangements are made for the disposal and use of 
     sludge in Mexico, which is from the IWTP and the Mexican 
     facility;
       (H) that the Commission pays an annual fee to the owner of 
     the Mexican facility covering the costs of development, 
     financing, construction, and operation and maintenance of the 
     facility;
       (I) that, if the Commission fails to perform its 
     contractual obligations, the ownership of the facility is 
     transferred to the U.S. after the U.S. pays a cancellation 
     fee to the owner of the facility, which reflects the costs of 
     repayment of construction debt and other contractual losses 
     resulting from early termination of the contract. The 
     cancellation fee owed to the owner of the facility shall be 
     in amounts declining over the term of the contract;
       (J) that, if the owner of the Mexican facility fails to 
     perform its contractual obligations, ownership of the 
     facility will be transferred to the U.S. without a 
     cancellation fee;
       (K) that the owner of the Mexican facility uses competitive 
     procedures to the extent practicable in the procurement of 
     property or services for the engineering, construction, and 
     operation and maintenance of the facility;
       (L) that the Commission may review and approve the 
     contractors providing for the engineering, construction, and 
     operation and maintenance of the facility;
       (M) that the owner of the Mexican facility maintains all 
     records to demonstrate compliance with this section and the 
     contract; and,
       (N) that the U.S. Department of State Inspector General has 
     access to all pertinent records to conduct audits to ensure 
     the owner of the Mexican facility is complying with the terms 
     of this title and the contract.
       Section 1004(c)(3) states that the Contract Disputes Act of 
     1978 does not apply to a contract executed under this 
     section.
       Section 1004(d) requires the U.S. Department of State 
     Inspector General to monitor the implementation of contracts 
     entered into under this section and to evaluate whether the 
     owner of the Mexican facility has complied with the terms of 
     the section and fulfilled the contract terms.
     Conference substitute
       The Conference substitute adopts the House amendment with 
     several amendments to the contract terms listed in section 
     804(c)(2).
       In order to ensure greater accountability with respect to 
     the costs of developing, financing, constructing, and 
     operating and maintaining the facility, the Conference 
     substitute requires the owner of the facility to share in all 
     of these costs. New subparagraph (H) requires that the owner 
     of the facility maintain 20 percent equity in the capital 
     structure of the facility throughout the term of the 
     contract. Under new subparagraph (I), the Commission's annual 
     payments shall maintain the owner's 20 percent equity 
     position throughout the term of the contract. Revised 
     subparagraph (E) limits the contract term to 20 years.
       The Conference substitute requires, in new subparagraph 
     (P), that the owner of the facility provide offsets or 
     credits in the event that the owner is able to sell the 
     treated wastewater from the facility. The parties negotiating 
     the contract may determine the amount of offsets or credits.
       The Conference substitute also requires the owner of the 
     facility to competitively bid all subcontracts for the 
     facility. Revised subparagraph (L) specifically applies title 
     III of the Federal Property and Administrative Services Act 
     of 1949, as amended by the Competition in Contracting Act.
       Finally, the Conference substitute does not provide an 
     exemption from the Contract Disputes Act.

[[Page H10550]]

              SECTION 806. AUTHORIZATION OF APPROPRIATIONS

     House amendment
       Section 1006 of the House amendment authorizes such sums as 
     necessary to be appropriated to carry out the title.
     Conference substitute
       Section 806 of the Conference substitute changes the 
     authorization from ``such sums as necessary to carry out'' 
     the title to a five-year authorization of $156 million for 
     fiscal years 2001 through 2005. The Conferees acknowledge 
     that the title also authorizes the Commission to enter into a 
     20-year fee-for-services contract with the owner of a Mexican 
     facility. The five-year authorization is included to be 
     consistent with the authorizations throughout the Conference 
     substitute, and the Conferees do not intend this to affect 
     the Commission's obligations under the 20-year contract.

                      Title IX--General Provisions

       Other than section 901, this title includes new provisions 
     that were not in the Senate bill or the House amendment.


     SECTION 901. PURCHASE OF AMERICAN-MADE EQUIPMENT AND PRODUCTS

     House amendment
       Titles II, VI, VII, and VIII of the House amendment each 
     contained a provision regarding the purchase of American-made 
     equipment and products.
     Conference substitute
       The Conference substitute deletes the relevant provisions 
     in titles II, VI, VII and VIII in the House amendment, and 
     replaces them with a new section 901. This section states 
     that it is the Sense of Congress, to the extent practicable, 
     for all equipment and products purchased with funds made 
     available under this Act to be made in America. Also, each 
     Federal agency head providing financial assistance under this 
     bill is directed to provide such notice to each recipient of 
     financial assistance, to the extent practicable.


               SECTION 902. LONG-TERM ESTUARY ASSESSMENT

     Conference substitute
       Section 902 of the Conference substitute authorizes the 
     Secretary of Commerce and the Secretary of the Interior to 
     carry out a long-term estuary assessment project for the 
     Mississippi River south of Vicksburg, Mississippi and the 
     Gulf of Mexico. The authorized appropriation levels are $1 
     million for fiscal year 2001 for the management agreement 
     with a university-based consortium, and $4 million for each 
     of fiscal years 2002 through 2005 to carry out the project.
       The Conferees are aware that the Center for 
     Bioenvironmental Research at Tulane University and Xavier 
     University in New Orleans, Louisiana have formed a 
     university-based consortium called the ``Long-term Estuary 
     Assessment Group'' for the purpose of developing advanced 
     long-term assessment and monitoring systems relating to the 
     Mississippi River and other aquatic ecosystems and encourages 
     the Secretaries of Commerce and of the Interior to examine 
     the work begun by the Center for Bioenvironmental Research 
     and this consortium when selecting a university-based 
     consortium to manage this project.


              SECTION 903. ALASKA RURAL SANITATION GRANTS

     Conference substitute
       Section 903 of the Conference substitute amends section 
     303(e) of the Safe Drinking Water Act Amendments of 1996 by 
     reauthorizing $40 million for each of fiscal years 2001 
     through 2005.


                            ADDITIONAL ITEMS

     House amendment
       Title IV of the House amendment establishes an EPA grant 
     program to improve water quality in the Florida Keys. Title 
     IX establishes an EPA Mississippi Sound restoration program.
     Conference substitute
       The Conference substitute deletes titles IV and IX of the 
     House amendment.
     Bud Shuster,
     Don Young,
     Sherwood Boehlert,
     Wayne T. Gilchrest,
     Tillie K. Fowler,
     Don Sherwood,
     John E. Sweeney,
     Steven T. Kuykendall,
     David Vitter,
     Jim Oberstar,
     Bob Borski,
     Jim Barcia,
     Bob Filner,
     Earl Blumenauer,
     John Baldacci,
                                Managers on the Part of the House.
     Bob Smith,
     John W. Warner,
     Michael D. Crapo,
     Max Baucus,
     Barbara Boxer,
     Managers on the Part of the Senate.

                          ____________________