[Congressional Record Volume 156, Number 98 (Monday, June 28, 2010)]
[Senate]
[Pages S5490-S5492]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
By Mr. WHITEHOUSE (for himself and Mr. Vitter):
S. 3540. A bill to amend the Federal Water Pollution Control Act to
reauthorize the National Estuary Program, and for other purposes; to
the Committee on Environment and Public Works.
Mr. WHITEHOUSE. Mr. President, I ask unanimous consent that the text
of the bill be printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 3540
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Clean Estuaries Act of
2010''.
SEC. 2. NATIONAL ESTUARY PROGRAM AMENDMENTS.
(a) Purposes of Conference.--
(1) Development of comprehensive conservation and
management plans.--Section 320(b) of the Federal Water
Pollution Control Act (33 U.S.C. 1330(b)) is amended by
striking paragraph (4) and inserting the following:
``(4) develop and submit to the Administrator a
comprehensive conservation and management plan that--
``(A) identifies the estuary and the associated upstream
waters of the estuary to be addressed by the plan, with
consideration given to hydrological boundaries;
``(B) recommends priority corrective actions and compliance
schedules addressing--
``(i) point and nonpoint sources of pollution; and
``(ii) protection and conservation actions--
``(I) to restore and maintain the chemical, physical, and
biological integrity of the estuary, including--
``(aa) restoration and maintenance of water quality,
wetlands, and natural hydrologic flows;
``(bb) a resilient and diverse indigenous population of
shellfish, fish, and wildlife; and
``(cc) recreational activities in the estuary; and
``(II) to ensure that the designated uses of the estuary
are protected;
``(C) identifies healthy watershed components for
protection and conservation by carrying out integrated
assessments, where appropriate, of--
``(i) aquatic habitat and biological integrity;
``(ii) water quality; and
``(iii) natural hydrologic flows;
``(D) considers current and future sustainable commercial
activities in the estuary;
``(E) addresses the impacts of climate change on the
estuary, including--
``(i) the identification and assessment of vulnerabilities
in the estuary;
``(ii) the development and implementation of adaptation
strategies; and
``(iii) the impacts of changes in sea level on estuarine
water quality, estuarine habitat, and infrastructure located
in the estuary;
``(F) increases public education and awareness with respect
to--
``(i) the ecological health of the estuary;
``(ii) the water quality conditions of the estuary; and
``(iii) ocean, estuarine, land, and atmospheric connections
and interactions;
``(G)(i) identifies and assesses impairments, including
upstream impairments, coming from outside of the area
addressed by the plan, and the sources of those impairments;
and
``(ii) provides the applicable State with any information
on such impairments or the sources of such impairments;
``(H) includes performance measures and goals to track
implementation of the plan; and
``(I) includes a coordinated monitoring strategy for
Federal, State, and local governments and other entities.''.
(2) Monitoring and making results available.--Section
320(b) of the Federal Water Pollution Control Act (33 U.S.C.
1330(b)) is amended by striking paragraph (6) and inserting
the following:
``(6) monitor (and make results available to the public
regarding)--
``(A) water quality conditions in the estuary and the
associated upstream waters of the estuary identified under
paragraph (4)(A);
``(B) healthy watershed and habitat conditions that relate
to the ecological health and water quality conditions of the
estuary; and
``(C) the effectiveness of actions taken pursuant to the
comprehensive conservation and management plan developed for
the estuary under this subsection;''.
(3) Information and educational activities.--Section 320(b)
of the Federal Water Pollution Control Act (33 U.S.C.
1330(b)) is amended--
(A) by redesignating paragraph (7) as paragraph (8); and
(B) by inserting after paragraph (6) the following:
``(7) provide information and educational activities on the
ecological health and water quality conditions of the
estuary; and''.
(4) Conforming amendment.--The sentence following section
320(b)(8) of the Federal Water Pollution Control Act (as so
redesignated) (33 U.S.C. 1330(b)(8)) is amended by striking
``paragraph (7)'' and inserting ``paragraph (8)''.
(b) Members of Conference; Collaborative Processes.--
(1) Members of conference.--Section 320(c)(5) of the
Federal Water Pollution Control Act (33 U.S.C. 1330(c)(5)) is
amended by inserting ``not-for-profit organizations,'' after
``institutions,''.
(2) Collaborative processes.--Section 320(d) of the Federal
Water Pollution Control Act (33 U.S.C. 1330(d)) is amended--
(A) by striking ``(d)'' and all that follows through ``In
developing'' and inserting the following:
``(d) Use of Existing Data and Collaborative Processes.--
``(1) Use of existing data.--In developing''; and
(B) by adding at the end the following:
``(2) Use of collaborative processes.--In updating a plan
under subsection (f)(4) or developing a new plan under
subsection (b), a management conference shall make use of
collaborative processes--
``(A) to ensure equitable inclusion of affected interests;
``(B) to engage with members of the management conference,
including through--
``(i) the use of consensus-based decision rules; and
``(ii) assistance from impartial facilitators, as
appropriate;
``(C) to ensure relevant information, including scientific,
technical, and cultural information, is accessible to
members;
``(D) to promote accountability and transparency by
ensuring members are informed in a timely manner of--
``(i) the purposes and objectives of the management
conference; and
``(ii) the results of an evaluation conducted under
subsection (f)(3);
``(E) to identify the roles and responsibilities of
members--
``(i) in the management conference proceedings; and
``(ii) in the implementation of the plan; and
``(F) to seek resolution of conflicts or disputes as
necessary.''.
(c) Administration of Plans.--Section 320 of the Federal
Water Pollution Control Act (33 U.S.C. 1330) is amended by
striking subsection (f) and inserting the following:
``(f) Administration of Plans.--
``(1) Approval.--Not later than 120 days after the date on
which a management conference submits to the Administrator a
comprehensive conservation and management plan under this
section, and after providing for public review and comment,
the Administrator shall approve the plan, if--
``(A) the Administrator determines that the plan meets the
requirements of this section; and
``(B) each affected Governor concurs.
``(2) Implementation.--
``(A) In general.--On the approval of a comprehensive
conservation and management plan under this section, the plan
shall be implemented.
``(B) Use of authorized amounts.--Amounts authorized to be
appropriated under titles II and VI and section 319 may be
used in accordance with the applicable requirements of this
Act to assist States with the implementation of a plan
approved under paragraph (1).
``(3) Evaluation.--
``(A) In general.--Not later than 5 years after the date of
enactment of this paragraph, and every 5 years thereafter,
the Administrator shall carry out--
[[Page S5491]]
``(i) an evaluation of the implementation of each
comprehensive conservation and management plan developed
under this section to determine the degree to which the goals
of the plan have been met; and
``(ii) a review of the program designed to implement the
plan.
``(B) Review and comment by management conference.--In
completing an evaluation under subparagraph (A), the
Administrator shall submit the results of the evaluation to
the appropriate management conference for review and comment.
``(C) Report.--
``(i) In general.--In completing an evaluation under
subparagraph (A), and after providing an opportunity for a
management conference to submit comments under subparagraph
(B), the Administrator shall issue a report on the results of
the evaluation, including the findings and recommendations of
the Administrator and any comments received from the
management conference.
``(ii) Availability to public.--The Administrator shall
make a report issued under this subparagraph available to the
public, including through publication in the Federal Register
and on the Internet.
``(D) Special rule for new plans.--Notwithstanding
subparagraph (A), if a management conference submits a new
comprehensive conservation and management plan to the
Administrator after the date of enactment of this paragraph,
the Administrator shall complete the evaluation of the
implementation of the plan required by subparagraph (A) not
later than 5 years after the date of such submission and
every 5 years thereafter.
``(4) Updates.--
``(A) Requirement.--Not later than 18 months after the date
on which the Administrator makes an evaluation of the
implementation of a comprehensive conservation and management
plan available to the public under paragraph (3)(C), a
management conference convened under this section shall
submit to the Administrator an update of the plan that
reflects, to the maximum extent practicable, the results of
the program evaluation.
``(B) Approval of updates.--Not later than 120 days after
the date on which a management conference submits to the
Administrator an updated comprehensive conservation and
management plan under subparagraph (A), and after providing
for public review and comment, the Administrator shall
approve the updated plan, if the Administrator determines
that the updated plan meets the requirements of this section.
``(5) Probationary status.--The Administrator may consider
a management conference convened under this section to be in
probationary status, if the management conference has not
received approval for an updated comprehensive conservation
and management plan under paragraph (4)(B) on or before the
last day of the 3-year period beginning on the date on which
the Administrator makes an evaluation of the plan available
to the public under paragraph (3)(C).''.
(d) Federal Agencies.--Section 320 of the Federal Water
Pollution Control Act (33 U.S.C. 1330) is amended--
(1) by redesignating subsections (g), (h), (i), (j), and
(k) as subsections (h), (i), (j), (k), and (m), respectively;
and
(2) by inserting after subsection (f) the following:
``(g) Federal Agencies.--
``(1) Activities conducted within estuaries with approved
plans.--After approval of a comprehensive conservation and
management plan by the Administrator, any Federal action or
activity affecting the estuary shall be conducted, to the
maximum extent practicable, in a manner consistent with the
plan.
``(2) Coordination and cooperation.--
``(A) In general.--The Secretary of the Army (acting
through the Chief of Engineers), the Administrator of the
National Oceanic and Atmospheric Administration, the Director
of the United States Fish and Wildlife Service, the Secretary
of the Department of Agriculture, the Director of the United
States Geological Survey, the Secretary of the Department of
Transportation, the Secretary of the Department of Housing
and Urban Development, and the heads of other appropriate
Federal agencies, as determined by the Administrator, shall,
to the maximum extent practicable, cooperate and coordinate
activities, including monitoring activities, related to the
implementation of a comprehensive conservation and management
plan approved by the Administrator.
``(B) Lead coordinating agency.--The Environmental
Protection Agency shall serve as the lead coordinating agency
under this paragraph.
``(3) Consideration of plans in agency budget requests.--In
making an annual budget request for a Federal agency referred
to in paragraph (2), the head of such agency shall consider
the responsibilities of the agency under this section,
including under comprehensive conservation and management
plans approved by the Administrator.
``(4) Monitoring.--The heads of the Federal agencies
referred to in paragraph (2) shall collaborate on the
development of tools and methodologies for monitoring the
ecological health and water quality conditions of estuaries
covered by a management conference convened under this
section.''.
(e) Grants.--
(1) In general.--Subsection (h) (as redesignated by
subsection (d)) of section 320 of the Federal Water Pollution
Control Act (33 U.S.C. 1330) is amended--
(A) in paragraph (1), by striking ``other public'' and all
that follows before the period at the end and inserting ``and
other public or nonprofit private agencies, institutions, and
organizations''; and
(B) by adding at the end the following:
``(4) Effects of probationary status.--
``(A) Reductions in grant amounts.--The Administrator shall
reduce, by an amount to be determined by the Administrator,
grants for the implementation of a comprehensive conservation
and management plan developed by a management conference
convened under this section, if the Administrator determines
that the management conference is in probationary status
under subsection (f)(5).
``(B) Termination of management conferences.--The
Administrator shall terminate a management conference
convened under this section, and cease funding for the
implementation of the comprehensive conservation and
management plan developed by the management conference, if
the Administrator determines that the management conference
has been in probationary status for 2 consecutive years.''.
(2) Conforming amendment.--Section 320(i) the Federal Water
Pollution Control Act (as redesignated by subsection (d)) is
amended by striking ``subsection (g)'' and inserting
``subsection (h)''.
(f) Authorization of Appropriations.--Section 320 of the
Federal Water Pollution Control Act (33 U.S.C. 1330) (as
redesignated by subsection (d)) is amended by striking
subsection (j) and inserting the following:
``(j) Authorization of Appropriations.--
``(1) In general.--There is authorized to be appropriated
to the Administrator $75,000,000 for each of fiscal years
2011 through 2016 for--
``(A) expenses relating to the administration of management
conferences by the Administrator under this section, except
that such expenses shall not exceed 10 percent of the amount
appropriated under this subsection;
``(B) making grants under subsection (h); and
``(C) monitoring the implementation of a conservation and
management plan by the management conference, or by the
Administrator in any case in which the conference has been
terminated.
``(2) Allocations.--Of the sums authorized to be
appropriated under this subsection, the Administrator shall
provide--
``(A) at least $1,250,000 per fiscal year, subject to the
availability of appropriations, for the development,
implementation, and monitoring of each conservation and
management plan eligible for grant assistance under
subsection (h); and
``(B) up to $5,000,000 per fiscal year to carry out
subsection (k).''.
(g) Research.--Section 320(k)(1)(A) of the Federal Water
Pollution Control Act (as redesignated by subsection (d)) is
amended--
(1) by striking ``paramenters'' and inserting
``parameters''; and
(2) by inserting ``(including monitoring of both pathways
and ecosystems to track the introduction and establishment of
nonnative species)'' before ``, to provide the
Administrator''.
(h) National Estuary Program Evaluation.--Section 320 of
the Federal Water Pollution Control Act (33 U.S.C. 1330) is
amended by inserting after subsection (k) (as redesignated by
subsection (d)) the following:
``(l) National Estuary Program Evaluation.--
``(1) In general.--Not later than 5 years after the date of
enactment of this paragraph, and every 5 years thereafter,
the Administrator shall complete an evaluation of the
national estuary program established under this section.
``(2) Specific assessments.--In conducting an evaluation
under this subsection, the Administrator shall--
``(A) assess the effectiveness of the national estuary
program in improving water quality, natural resources, and
sustainable uses of the estuaries covered by management
conferences convened under this section;
``(B) identify best practices for improving water quality,
natural resources, and sustainable uses of the estuaries
covered by management conferences convened under this
section, including those practices funded through the use of
technical assistance from the Environmental Protection Agency
and other Federal agencies;
``(C) assess the reasons why the best practices described
in subparagraph (B) resulted in the achievement of program
goals;
``(D) identify any redundant requirements for reporting by
recipients of a grant under this section; and
``(E) develop and recommend a plan for limiting reporting
any redundancies.
``(3) Report.--In completing an evaluation under this
subsection, the Administrator shall issue a report on the
results of the evaluation, including the findings and
recommendations of the Administrator.
``(4) Availability.--The Administrator shall make a report
issued under this subsection available to management
conferences convened under this section and the public,
including through publication in the Federal Register and on
the Internet.''.
(i) Convening of Conference.--Section 320(a)(2) of the
Federal Water Pollution Control Act (33 U.S.C. 1330(a)(2)) is
amended--
(1) by striking ``(2) Convening of conference.--'' and all
that follows through ``In any case'' and inserting the
following:
``(2) Convening of conference.--In any case''; and
[[Page S5492]]
(2) by striking subparagraph (B).
(j) Great Lakes Estuaries.--Section 320(m) of the Federal
Water Pollution Control Act (as redesignated by subsection
(d)) is amended by striking the subsection designation and
all that follows through ``and those portions of
tributaries'' and inserting the following:
``(m) Definitions.--In this section, the terms `estuary'
and `estuarine zone' have the meanings given the terms in
section 104(n)(4), except that--
``(1) the term `estuary' also includes near coastal waters
and other bodies of water within the Great Lakes that are
similar in form and function to the waters described in the
definition of `estuary' in section 104(n)(4); and
``(2) the term `estuarine zone' also includes--
``(A) waters within the Great Lakes described in paragraph
(1) and transitional areas from such waters that are similar
in form and function to the transitional areas described in
the definition of `estuarine zone' in section 104(n)(4);
``(B) associated aquatic ecosystems; and
``(C) those portions of tributaries''.
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