[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''.
                                 ______