[Congressional Record Volume 156, Number 107 (Tuesday, July 20, 2010)]
[House]
[Pages H5743-H5746]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




               DELAYING EPA FISHING BOAT DISCHARGE RULES

  Mr. OBERSTAR. Madam Speaker, I move to suspend the rules and pass the 
bill (H.R. 5301) to extend the period during which the Administrator of 
the Environmental Protection Agency and States are prohibited from 
requiring a permit under section 402 of the Federal Water Pollution 
Control Act for certain discharges that are incidental to normal 
operation of vessels, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 5301

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

        TITLE I--NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM

     SEC. 101. DISCHARGES INCIDENTAL TO NORMAL OPERATION OF 
                   VESSELS.

       Public Law 110-299 (122 Stat. 2995, 33 U.S.C. 1342 note) is 
     amended in section 2(a) by striking ``during the 2-year 
     period beginning on the date of enactment of this Act'' and 
     inserting ``during the period beginning on the date of 
     enactment of this Act and ending December 18, 2013''.

                       TITLE II--CLEAN ESTUARIES

     SEC. 201. SHORT TITLE.

       This title may be cited as the ``Clean Estuaries Act of 
     2010''.

     SEC. 202. NATIONAL ESTUARY PROGRAM AMENDMENTS.

       (a) Purposes of Conference.--
       (1) Development of comprehensive conservation and 
     management plans.--Section 320(b)(4) of the Federal Water 
     Pollution Control Act (33 U.S.C. 1330(b)(4)) is amended to 
     read as follows:
       ``(4) develop and submit to the Administrator a 
     comprehensive conservation and management plan that--
       ``(A) identifies the estuary and its associated upstream 
     waters to be addressed by the plan, with consideration given 
     to hydrological boundaries;
       ``(B) recommends priority corrective actions and compliance 
     schedules addressing point and nonpoint sources of pollution 
     to restore and maintain the chemical, physical, and 
     biological integrity of the estuary, including restoration 
     and maintenance of water quality, a resilient and diverse 
     indigenous population of shellfish, fish, and wildlife, and 
     recreational activities in the estuary, and assure that the 
     designated uses of the estuary are protected;
       ``(C) considers current and future sustainable commercial 
     activities in the estuary;
       ``(D) 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

[[Page H5744]]

       ``(iii) the impacts of changes in sea level on estuarine 
     water quality, estuarine habitat, and infrastructure located 
     in the estuary;
       ``(E) 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;
       ``(F) identifies and assesses impairments, including 
     upstream impairments, coming from outside of the area 
     addressed by the plan, and the sources of those impairments;
       ``(G) includes performance measures and goals to track 
     implementation of the plan; and
       ``(H) includes a coordinated monitoring strategy for 
     Federal, State, and local governments and other entities.''.
       (2) Monitoring and making results available.--Section 
     320(b)(6) of such Act (33 U.S.C. 1330(b)(6)) is amended to 
     read as follows:
       ``(6) monitor (and make results available to the public 
     regarding)--
       ``(A) water quality conditions in the estuary and its 
     associated upstream waters, as identified under paragraph 
     (4)(A);
       ``(B) 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 such 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 such Act (as so redesignated) 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 such Act 
     (33 U.S.C. 1330(c)(5)) is amended by inserting after 
     ``institutions,'' the following: ``not-for-profit 
     organizations,''.
       (2) Collaborative processes.--Section 320(d) of such 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) Utilization of Existing Data and Collaborative 
     Processes.--
       ``(1) Utilization of existing data.--In developing''; and
       (B) by adding at the end the following:
       ``(2) Utilization 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 to--
       ``(A) ensure equitable inclusion of affected interests;
       ``(B) 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) ensure relevant information, including scientific, 
     technical, and cultural information, is accessible to 
     members;
       ``(D) 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) identify the roles and responsibilities of members--
       ``(i) in the management conference proceedings; and
       ``(ii) in the implementation of the plan; and
       ``(F) seek resolution of conflicts or disputes as 
     necessary.''.
       (c) Administration of Plans.--Section 320(f) of such Act 
     (33 U.S.C. 1330(f)) is amended to read as follows:
       ``(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 the Administrator 
     determines that the plan meets the requirements of this 
     section and the affected Governor or Governors concur.
       ``(2) Implementation.--Upon approval of a comprehensive 
     conservation and management plan under this section, the plan 
     shall be implemented. Funds 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 the plan.
       ``(3) Evaluation.--
       ``(A) In general.--Not later than 4 years after the date of 
     enactment of this paragraph, and every 4 years thereafter, 
     the Administrator shall complete 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.
       ``(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 4 years after the date of such submission and 
     every 4 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. The 
     updated plan shall reflect, 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 such 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.--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 Chief of the Natural Resources 
     Conservation Service, 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. 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) Recipients.--Section 320(h)(1) of such Act (as 
     redesignated by subsection (d) of this section) is amended 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''.
       (2) Effects of probationary status.--Section 320(h) of such 
     Act (as redesignated by subsection (d) of this section) is 
     further amended 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

[[Page H5745]]

     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.''.
       (3) Conforming amendment.--Section 320(i) of such Act (as 
     redesignated by subsection (d) of this section) is amended by 
     striking ``subsection (g)'' and inserting ``subsection (h)''.
       (f) Authorization of Appropriations.--Section 320(j) of 
     such Act (as redesignated by subsection (d) of this section) 
     is amended to read as follows:
       ``(j) Authorization of Appropriations.--
       ``(1) In general.--There is authorized to be appropriated 
     to the Administrator $50,000,000 for each of fiscal years 
     2011 through 2016 for--
       ``(A) expenses related to the administration of management 
     conferences 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 such Act (as 
     redesignated by subsection (d) of this section) 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 
     such Act (33 U.S.C. 1330) is amended by inserting after 
     subsection (k) (as redesignated by subsection (d) of this 
     section) the following:
       ``(l) National Estuary Program Evaluation.--
       ``(1) In general.--Not later than 4 years after the date of 
     enactment of this paragraph, and every 4 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, and assess the reasons why such 
     practices result in the achievement of program goals; and
       ``(C) identify any redundant requirements for reporting by 
     recipients of a grant under this section, and develop and 
     recommend a plan for limiting reporting 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 such 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
       (2) by striking subparagraph (B).
       (j) Great Lakes Estuaries.--Section 320(m) of such Act (as 
     redesignated by subsection (d) of this section) 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 such terms have 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' contained 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' contained in section 
     104(n)(4);
       ``(B) associated aquatic ecosystems; and
       ``(C) those portions of tributaries''.

                              {time}  1430

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Minnesota (Mr. Oberstar) and the gentleman from New Jersey (Mr. 
LoBiondo) each will control 20 minutes.
  The Chair recognizes the gentleman from Minnesota.
  Mr. OBERSTAR. Madam Speaker, both of these bills have passed the 
House, have been duly fully considered by the Committee on 
Transportation and Infrastructure, reported to the House and passed 
substantially. We combined them in this measure to send them to the 
other body, where we expect prompt action to be taken to send the bills 
on to the President.
  I rise in support of H.R. 5301. This bill extends a provision 
prohibiting the Environmental Protection Agency (EPA) and States from 
requiring permits under Section 402 of the Clean Water Act for certain 
discharges that are incidental to the normal operation of vessels less 
than 79 feet in length. H.R. 5301 also reauthorizes EPA's National 
Estuary Program.
  I'd like to thank the gentleman from New Jersey (Mr. LoBiondo) and 
the gentleman from New York (Mr. Bishop) for their work on this 
legislation.
  Title I of H.R. 5301 extends a narrowly-tailored provision enacted by 
Congress in 2008 to establish a moratorium permit requirements under 
the Clean Water Act for certain discharges from commercial fishing 
vessels and other commercial vessels. This title ensures that EPA has 
sufficient time to consider the implications of discharges incidental 
to the normal operation of a vessel, while preserving the goals of the 
Clean Water Act to restore and maintain the chemical, physical and 
biological integrity of the nation's waters.
  When Congress established the moratorium two years ago, EPA was 
directed to conduct a study on discharges incidental to the normal 
operation of a vessel. This study was intended to provide EPA and 
Congress with additional information on the nature, types, volumes, and 
composition of vessel discharges, and the potential impact of these 
discharges on human health, welfare, and the environment.
  EPA completed this study earlier this year and determined that 
discharges from these smaller vessels are not benign. Appropriately, 
EPA plans on bringing these vessels within the scope of the National 
Pollutant Discharge Elimination System, NPDES, program. Currently, 
however, EPA does not have the framework in place or the resources to 
expand NPDES coverage to these smaller vessels.
  Without an extension, the permit prohibition expires on July 31, 
2010. H.R. 5301 extends the current moratorium to December 18, 2013. 
This will allow EPA time to implement the appropriate Clean Water Act 
mechanisms for controlling, minimizing, and properly addressing these 
types of vessel discharges. It will also allow the agency to plan for 
the inclusion of these smaller vessels when the agency renews its 
Vessel General Permits program.
  Title I of H.R. 5301 was previously included in H.R. 3619, the 
``Coast Guard Authorization Act of 2010'', which passed the House on 
November 2, 2009.
  Title II of H.R. 5301 reauthorizes the National Estuary Program. 
Title II consists of the text of H.R. 4715, the ``Clean Estuaries Act 
of 2010'', as passed by the House on April 15, 2010. Estuaries and 
associated coastal areas are major economic forces for the nation. 
Commercial and recreational fishing annually accounts for $185 billion 
in revenues, and more than two million direct jobs. Estuaries are 
habitat for approximately 75 percent of the U.S. commercial fish catch 
and 80 to 90 percent of the recreational fish catch. Beyond fishing, 
estuaries produce significant economic value through tourism, energy 
production, and navigation. Estuaries also provide recreational 
opportunities such as boating, fishing, swimming, surfing, and bird 
watching. The University of California and the Ocean Foundation have 
determined that, on an annual basis, ``beach-going'' generates up to 
$30 billion of economic value, and that ``coastal wildlife viewing'' 
generates up to $49 billion.
  Title II includes four important modifications to the existing 
National Estuary Program.
  First, Title II calls for increased transparency and accountability 
through regular evaluation and management plan updates with a public 
disclosure requirement.
  Second, the title requires Federal agencies to be active partners in 
the restoration and protection of the estuaries where they are 
situated. This includes taking part in the development of the 
management plans, cooperating

[[Page H5746]]

and coordinating their activities to implement the plans, and 
considering their financial responsibilities under any estuary 
management plan when submitting their annual budget requests.
  Third, Title II requires programmatic changes to the National Estuary 
Program such as identifying vulnerabilities to climate change and 
developing responsive adaptation actions; engaging in educational 
activities to better inform the public about their local estuaries; 
requiring that estuary programs consider sustainable commercial 
activities in the watershed; and ensuring that commercial entities 
along estuary waterfronts will be active participants in estuary 
programs.
  Fourth, this title increases the authorization for the program from 
$35 million to $50 million per year and establishes a minimum funding 
level for each of the 28 approved estuaries in the program of $1.25 
million per year. If the program were fully funded at $50 million, 12 
new estuaries could enter the National Estuary Program and each be 
funded at a level of $1.25 million. EPA reports that entities 
representing 38 additional estuaries have expressed interest in joining 
the National Estuary Program.
  H.R. 4715, the ``Clean Estuaries Act of 2010,'' was considered by the 
House earlier this year and passed by a roll call vote of 278-128. I am 
pleased to say that we received solid support on both sides of the 
aisle.
  I strongly urge my colleagues to join me in supporting H.R. 5301.
  I reserve the balance of my time.
  Mr. LoBIONDO. I yield myself such time as I may consume.
  Madam Speaker, I rise in strong support of H.R. 5301.
  Effective 11 days from now, commercial fishermen, charter boat 
operators, and owners of other commercial vessels less than 79 feet 
will have to apply for and receive individual permits from the EPA to 
discharge from their vessels such things as deck wash, bilge water, and 
condensation from air conditioning units. Vessels that operate without 
these permits could be subject to citizen lawsuits and fines that 
exceed $32,000 a day.
  My bill simply extends the current moratorium for a few more years to 
ensure that the EPA has time to analyze the results of the study they 
conducted and develop proper permitting regulations. As the chairman 
indicated in his statement, we have the Clean Estuaries Act which is 
combined with this bill. We are happy to do this with Mr. Bishop.
  Having said that, I am hopeful that we can move this bill today. I 
appreciate Chairman Oberstar's effort, but I just have a cautionary 
note, as the chairman has sort of indicated on a number of times, that 
the other body does not always act in a manner that we consider 
something they should do.
  Mr. Oberstar, I think you understand that. And I hope we have a 
continued commitment to be able to make sure that this fishing boat 
problem can get solved before we leave one way or the other.
  I yield back the balance of my time.
  Mr. OBERSTAR. I yield myself such time as I may consume.
  Yes, indeed I will say, first of all to compliment the gentleman from 
New Jersey on his leadership on the issue of vessel discharge. He has 
been a champion on this subject. We have heard his strong appeal, his 
reasoned approach to the issue. That's why we moved the bill earlier. 
We now joined it with this estuaries bill.
  We expect always with hope that the other body acts promptly, but if 
not, there are backup plans to deal with the vessel discharge issue in 
advance of the deadline that the distinguished gentleman from New 
Jersey cited. We are together on this. We are going to assure that the 
issue is resolved. And hopefully, both of these bills, combined in this 
fashion, will bring enough interest in the other body to have a 
concentration of effort to pass both measures together.
  Mr. JOHNSON of Georgia. Madam Speaker, I rise today to support H.R. 
5301, legislation to extend the period during which the administrator 
of the Environmental Protection Agency and States are prohibited from 
requiring a permit under section 402 of the federal water pollution 
control act for certain discharges that are incidental to normal 
operations of vessels, to reauthorize the national estuary program and 
for other purposes. I commend my colleague, Representative LoBiondo for 
his word on this bill and urge the House to support this legislation.
  Madam Speaker, in light of the disaster caused by the Deepwater 
Horizon oil spill, it is important that this Congress pay particularly 
close attention to the well being of our Nation's aquatic ecosystems.
  H.R. 5301 accomplishes two things. First, this bill extends an 
existing moratorium for vessels less than 79 feet in length to obtain a 
permit under the Clean Water Act for discharges incidental to their 
normal operation. The Environmental Protection Agency has been studying 
the impacts of incidental discharges from these vessels and made the 
determination that these discharges are not universally benign. The 
agency has acknowledged however, that it will be unable to develop and 
issue appropriate permits for these vessels before the current 
moratorium expires on July 31, 2010. Extending the moratorium will 
allow for the additional time necessary to develop and issue 
appropriate guidelines to address such discharges consistent with the 
goals of the Clean Water Act.
  Second, H.R. 5301 includes H.R. 4715, the ``Clean Estuaries Act of 
2010'', as passed by the House of Representatives on April 15, 2010, 
which reauthorizes the National Estuary Program. Established in 1987, 
the National Estuary Program is charged with attaining or maintaining 
water quality in an estuary, places where rivers meet the sea. 
Reauthorizing this program is essential to protection of public water 
supplies and the protection or indigenous population of shellfish, 
fish, and wildlife.
  I urge my colleagues to support this bill.
  Mr. OBERSTAR. I yield back the balance of my time.


                             General Leave

  Mr. OBERSTAR. I ask unanimous consent that all Members may have 5 
legislative days within which to revise and extend their remarks and 
include extraneous matter on the subject of these two bills.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Minnesota?
  There was no objection.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Minnesota (Mr. Oberstar) that the House suspend the 
rules and pass the bill, H.R. 5301, as amended.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill, as amended, was passed.
  The title was amended so as to read: ``A bill to extend the period 
during which the Administrator of the Environmental Protection Agency 
and States are prohibited from requiring a permit under section 402 of 
the Federal Water Pollution Control Act for certain discharges that are 
incidental to normal operation of vessels, to reauthorize the National 
Estuary Program, and for other purposes.''.
  A motion to reconsider was laid on the table.

                          ____________________