[Senate Report 105-273]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 507
105th Congress                                                   Report
                                 SENATE

 2d Session                                                     105-273
_______________________________________________________________________


 
          ESTUARY HABITAT RESTORATION PARTNERSHIP ACT OF 1998

                                _______
                                

                 July 29, 1998.--Ordered to be printed

_______________________________________________________________________


    Mr. Chafee, from the Committee on Environment and Public Works, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 1222]

    The Committee on Environment and Public Works, to which was 
referred the bill (S. 1222) to catalyze restoration of estuary 
habitat through more efficient financing of projects and 
enhanced coordination of Federal and non-Federal restoration 
programs, and for other purposes, having considered the same, 
reports favorably thereon with an amendment, and recommends 
that the bill, as amended, do pass.

                           General Statement

                               background

Estuaries
    Estuaries are those bays, gulfs, sounds, and inlets where 
fresh water meets and mixes with salt water from the ocean. 
They provide some of the most economically and ecologically 
productive habitat for an extensive variety of species of 
plants, fish, wildlife, and waterfowl. According to the U.S. 
Department of Commerce, more than 75 percent of the commerical 
fish and shellfish catch and 80 to 90 percent of the 
recreational fish catch in the United States depend on 
estuaries at some stage in their lifecycles. The commercial 
fishing industry alone contributes $111 billion per year to the 
national economy.
    Estuary habitat is the complex of physical and hydrologic 
features and living organisms within estuaries and their 
associated ecosystems. The various kinds of estuary habitats--
river deltas, sea grass meadows, forested wetlands, shellfish 
beds, marshes and beaches--support a flourishing range of 
wildlife and plants. Estuaries are home to a large percentage 
of endangered and threatened species and half of the 
neotropical migratory birds in the United States. Because fish 
and birds migrate, the health of these habitats is intertwined 
with the health of other ecosystems thousands of miles away.
    Estuaries also are essential to the nation's quality of 
life. Over half the population of the United States lives near 
a coastal area. In 1993, 180 million Americans, 70 percent of 
the nation's population, visited estuaries to fish, swim, hunt, 
dive, view wildlife, bike and learn. Estuaries also serve to 
protect landowners from flood waters and provide important 
buffers that protect water quality by filtering polluted 
runoff.
    Regrettably, estuaries are in danger. From colonial times 
until 1990, over 55 million acres of wetlands in coastal 
mainland States were degraded or destroyed. This accounts for 
more than 50 percent of the total wetlands losses throughout 
the nation. Recent population growth in coastal watersheds; 
dredging, draining, bulldozing and paving; pollution; dams; 
sewage discharges and other activities have led to extensive 
loss and continuing destruction of estuary habitat, which has 
reached more than 90 percent over the last 100 years in certain 
areas of the United States. For instance, since 1900, San 
Francisco Bay has lost 95 percent of its original wetlands, and 
Galveston Bay has lost 85 percent of its sea grass meadows.
    The latest Environmental Protection Agency (EPA) National 
Water Quality Inventory Report to Congress shows that as of 
1996, almost 40 percent of the nation's surveyed estuarine 
waters were too polluted for basic uses, such as fishing and 
swimming. Fish catches are at extremely low levels, many 
shellfish beds have been closed, and the economic livelihood 
and quality of life of our coastal communities is threatened.
    In addition to preventing the pollution that flows into 
estuaries, it is critical to protect and restore the unique 
estuary habitat for fish, birds, shellfish and plants. Estuary 
habitat can be restored by a variety of efforts. However, many 
estuarine communities have found it difficult to move 
restoration projects forward.
National Estuary Program
    The National Estuary Program (NEP) was established by the 
1987 amendments to the Federal Water Pollution Control Act. The 
primary purpose of the NEP is to protect and restore the health 
of estuaries and their living resources. To that end, section 
320 of the Clean Water Act authorizes the EPA to develop 
comprehensive conservation and management plans (CCMPs) for 
estuaries of national significance.
    Since the establishment of the NEP, 28 estuaries of 
national significance have been designated to use NEP funds. 
EPA has approved CCMPS for 17 of the 28 designated areas. These 
estuaries include: Puget Sound, Washington; Buzzard's Bay, 
Massachusetts; Narragansett Bay, Rhode Island; San Francisco 
Bay, California; Albermarle-Pamlico Sounds, North Carolina; 
Long Island Sound, Connecticut and New York; Galveston Bay, 
Texas; Santa Monica Bay, California; Delaware Inland Bays, 
Delaware; Sarasota Bay, Florida; Delaware Estuary, Delaware, 
New Jersey and Pennsylvania; Massachusetts Bay, Massachusetts; 
Casco Bay, Maine; Indian River Lagoon, Florida; Barataria-
Terrebone Estuaries, Louisiana; Tampa Bay, Florida; and New 
York/New Jersey Harbor, New York and New Jersey. The remaining 
11 estuaries in the NEP are expected to submit their CCMPs for 
EPA approval by the end of 1999. They are: Peconic Estuary, New 
York; Tillamook Bay, Oregon; Corpus Christi Bay, Texas; San 
Juan Bay, Puerto Rico; Morro Bay, California; Barnegat Bay, New 
Jersey; Lower Columbia River, Oregon and Washington; Maryland 
Coastal Bays, Maryland; New Hampshire Estuaries, New Hampshire; 
Charlotte Harbor, Florida; and Mobile Bay, Alabama. Although 17 
CCMPs have been approved, section 320 as currently written does 
not allow EPA to provide grants for implementing the plans.
Chesapeake Bay
    The Chesapeake Bay Program (CBP) was established in 1983 
with the signing of the 1983 Chesapeake Bay Agreement, which 
formally bound the Federal government and the States of 
Maryland, Virginia, Pennsylvania, and the District of Columbia, 
to work together to protect and restore the Bay. It is the 
oldest geographic program in the Clean Water Act and the first 
estuary in the nation to be targeted for restoration as a 
single ecosystem.
    The EPA's participation in the CBP was authorized formally 
in the 1987 amendments to the Federal Water Pollution Control 
Act, which created section 117 of the Clean Water Act. Section 
117 authorizes $3,000,000 annually to support the activities of 
the CBP office, which coordinates Federal and State efforts to 
restore and protect the Bay, and $10,000,000 annually for 
matching Interstate development grants.
    The 1987 Chesapeake Bay Agreement expanded initial 
restoration efforts by targeting nutrient overenrichment as the 
Bay's major problem and by establishing a goal to reduce by 40 
percent nutrients flowing into the Bay by the year 2000. The 
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.
Pfiesteria Piscicida
    Pfiesteria piscicida is a naturally occurring water-borne 
microbe that has been linked to serious health and 
environmental effects. Pfiesteria is one of 4,000 species of 
phytoplankton, organisms that convert the sun's energy into 
food. A relative of the single-celled organisms that cause red 
tides, Pfiesteria can assume more than 24 different life forms, 
from a cyst that settles into river sediment to a fierce 
predator that injects poison into its prey.
    The first Pfiesteria outbreak occurred in North Carolina 
estuaries during the late 1980s. The most recent outbreak of 
Pfiesteria has occurred in the tributaries leading into the 
Chesapeake Bay. Since late July 1997, thousands of fish have 
died in tributaries of the Chesapeake Bay. In addition to 
Pfiesteria's harmful effects on fish and estuary habitat, there 
also is great concern over the potential effects of the microbe 
on human health. Medical researchers have linked the toxin to 
memory loss, other neurological problems, and skin rashes in 
persons exposed to Pfiesteria-afflicted waters.
    Although Pfiesteria is not a new organism, changed 
conditions may have caused it to emerge in its predatory form. 
The cause of Pfiesteria outbreaks remains uncertain. Many 
researchers have linked the parasite to excessive levels of 
nutrients, such as nitrogen and phosphorous, in water.

                           Summary of S. 1222

    As amended and approved by the Committee on Environment and 
Public Works, the bill includes two titles. Title I includes a 
new program to help non-Federal entities carry out estuary 
habitat restoration projects. It also expands EPA's authority 
to provide grants for the implementation of comprehensive 
conservation and management plans (CCMPs) under the National 
Estuary Program. Title II includes measures to protect and 
restore the Chesapeake Bay and the Long Island Sound, and to 
control Pfiesteria piscicida.
Title I--Estuary Habitat Restoration
    Title I protects and restores estuaries in the nation's 
coastal communities. It provides new initiatives to achieve the 
goal of restoring one million acres of estuary habitat by the 
year 2010. Specifically, Title I includes the following new 
measures:
    Estuary habitat restoration strategy.--Title I establishes 
a Federal interagency Council, which is responsible for 
developing a national estuary habitat restoration strategy 
within one year of enactment of this legislation. The strategy, 
which will be subject to public notice and comment, brings 
together existing Federal, State, and local estuary restoration 
plans, programs and studies.
    Selection of restoration projects.--The Council also is 
responsible for selecting the projects that will receive 
funding under S. 1222. Projects are to be sponsored by non-
Federal entities, which are required to pay at least 35 percent 
of the total project cost. Title I sets forth a number of 
factors for determining criteria by which projects are 
selected.
    Monitoring and research.--Title I requires the monitoring 
of habitat restoration projects. It also directs the 
Undersecretary for Oceans and Atmosphere (NOAA) to maintain a 
database of restoration projects carried out under this bill 
and requires the Council to publish a biennial report to 
Congress on the habitat restoration program.
    National Estuary Program.--Title I expands EPA's authority 
to provide grants for estuaries of national significance. Under 
current law, EPA is authorized to provide grants for the 
development of CCMPs for estuaries of national significance. 
Title I allows EPA to provide grants for developing and 
implementing CCMPs. It also reauthorizes the National Estuary 
Program at $25,000,000 per year through fiscal year 2000.
Title II--Chesapeake Bay and Other Regional Initiatives
    Title II includes measures to restore estuaries in specific 
regions of the United States and to control Pfiesteria and 
other aquatic toxins.
    Chesapeake Bay.--Title II amends section 117 of the Clean 
Water Act to strengthen efforts to restore and protect the 
Chesapeake Bay. It also reauthorizes the Chesapeake Bay Program 
through fiscal year 2003 at $30,000,000 per year and provides 
$3,000,000 per year through fiscal year 2003 for the 
development of gateways and watertrails in the Chesapeake Bay.
    Pfiesteria.--Title II authorizes EPA and other Federal 
agencies to establish a research program for the eradication or 
control of Pfiesteria piscicida, which has caused recurring 
problems in the Chesapeake Bay and along the North Carolina 
coast.
    Long Island Sound.--Title II authorizes the Long Island 
Sound program through fiscal year 2003. Funds authorized in the 
bill will be used to implement the Long Island Sound CCMP, and 
for the operation of the Long Island Sound Office.

                      Section-by-Section Analysis

                  title i--estuary habitat restoration

Section 101. Findings
    This section cites Congress' findings on the economic and 
ecological value of estuaries.
Section 102. Purposes
    The bill establishes a program to restore one million acres 
of estuary habitat by the year 2010. The bill requires the 
coordination of existing Federal, State and local plans, 
programs, and studies. It authorizes partnerships among public 
agencies at all levels of government and between the public and 
private sectors. The bill authorizes estuary habitat 
restoration activities, and it requires monitoring and research 
capabilities to assure that restoration efforts are based on 
sound scientific understanding.
    This measure will give a real incentive to existing State 
and local efforts to restore and protect estuary habitat. 
Although there are numerous estuary restoration programs 
already in existence, non-Federal entities have had trouble 
sifting through the often small, overlapping and fragmented 
habitat restoration programs. The bill will coordinate these 
programs and restoration plans, combine State, local and 
Federal resources and supplement needed additional funding to 
restore estuaries. -
Section 103. Definitions
    This section defines terms used throughout the Act. Among 
the most important definitions:
    ``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.
    ``Habitat'' is defined as the complex of physical and 
hydrologic features within estuaries and their associated 
ecosystems, including salt and fresh water coastal marshes, 
coastal forested wetlands and other coastal wetlands, tidal 
flats, natural shoreline areas, sea grass meadows, kelp beds, 
river deltas, and river and stream banks under tidal influence.
    ``Restoration'' is defined as an activity that results in 
improving an estuary's habitat, including both physical and 
functional restoration, with a goal toward a self-sustaining 
ecologically-based system that is integrated with its 
surrounding landscape. Examples of restoration activities 
include: the control of non-native and invasive species, such 
as phragmites; the reestablishment of physical features and 
biological and hydrologic functions; the cleanup of 
contamination; and the reintroduction of native species, such 
as the planting of eel grass.
Section 104. Establishment of the Collaborative Council
    This section establishes an interagency Collaborative 
Council chaired by the Secretary of the Army, with the 
participation of the Under Secretary for Oceans and Atmosphere, 
Department of Commerce; the Administrator of the Environmental 
Protection Agency; and the Secretary of the Interior, through 
the Fish and Wildlife Service. The two principal functions of 
the Council are: (1) to develop a national strategy to restore 
estuary habitat; and (2) to select habitat restoration projects 
that will receive the funds provided in the bill.
    The Army Corps of Engineers is to chair the Council. Of the 
four agencies, the Corps has the greatest expertise in 
engineering and project management, skills critical to the 
purpose of this legislation, which is to carry out estuary 
habitat restoration projects on the ground. The Corps is to 
work cooperatively with the other members of the Council.
Section 105. Duties of the Collaborative Council
    This section establishes a process to coordinate existing 
Federal, State and local resources and activities directed 
toward estuary habitat restoration. It also sets forth the 
process by which projects are to be selected by the Council for 
funding under this Title.
    Habitat Restoration Strategy.--This section requires the 
Council to draft a strategy that will serve as a national 
framework for restoring estuaries. The strategy should 
coordinate Federal, State, and local estuary plans programs and 
studies.
    In developing the strategy, the Council should consult with 
State, local and tribal governments and other non-Federal 
entities, including representatives from coastal States 
representing the Atlantic, Pacific, and the Gulf of Mexico; 
local governments from coastal communities; and nonprofit 
organizations that are actively participating in carrying out 
estuary habitat restoration projects.
    Selection of Projects.--This section also requires the 
Council to establish application criteria for restoration 
projects. The Council is required to consider a number of 
factors in developing criteria. In addition to the factors 
mentioned in the legislation, the Council is to consider both 
the quantity and quality of habitat restored in relation to the 
overall cost of a project. The consideration of these factors 
will provide the information required to evaluate performance, 
at both the project and program levels, and facilitate the 
production of biennial reports in the strategy.
    Subsection (b) of section 105 requires the project 
applicant to obtain the approval of State or local agencies, 
where such approval is appropriate. In States such as Oregon, 
where coastal beaches and estuaries are publicly owned and 
managed, proposals for estuary habitat restoration projects 
require the approval of the State before being submitted to the 
Council.
    Priority Projects.--Among the projects that meet the 
criteria listed above, the Council shall give priority for 
funding to those projects that meet any of the factors cited in 
subsection(b)(4) of this section.
    One of the priority factors is that the project be part of 
an approved estuary management or restoration plan. It is 
envisioned that funding provided through this legislation would 
assist all local communities in meeting the goals and 
objectives of estuary restoration, with priority given to those 
areas that have approved estuary management plans. For example, 
the Sarasota Bay area in Florida is presently implementing its 
Comprehensive Conservation and Management Plan (CCMP), which 
focuses on restoring lost habitat. This is being accomplished 
by: reducing nitrogen pollution to increase sea grass coverage; 
constructing salt water wetlands; and building artificial reefs 
for juvenile fish habitat. Narragansett Bay in Rhode Island 
also is in the process of implementing its CCMP. Current 
efforts to improve the Bay's water quality and restore its 
habitat address the uniqueness of the Narraganset Bay 
watershed.
Section 106. Cost Sharing of Estuary Habitat Restoration Projects
    This section strengthens local and private sector 
participation in estuary restoration efforts by building 
public-private restoration partnerships. This section 
establishes a Federal cost-share requirement of no more than 65 
percent of the cost of a project. The non-Federal share is 
required to be at least 35 percent of the cost of a project. 
Lands, easements, services, or other in-kind contributions may 
be used to meet non-Federal match requirement.
Section 107. Monitoring and Maintenance
    This section assures that available information will be 
used to improve the methods for assuring successful long-term 
habitat restoration. The Under Secretary for Oceans and 
Atmosphere (NOAA) shall maintain a database of restoration 
projects carried out under this Act, including information on 
project techniques, project completion, monitoring data, and 
other relevant information.
    The Council shall publish a biennial report to Congress 
that includes program activities, including the number of acres 
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
Section 108. Memoranda of Understanding
    This section authorizes the Council to enter into 
cooperative agreements and execute memoranda of understanding 
with Federal and State agencies, private institutions, and 
tribal entities, as is necessary to carry out the requirements 
of the bill.
Section 109. Distribution of Appropriations for Estuary Habitat 
        Restoration Activities
    This section authorizes the Secretary to disburse funds to 
the other agencies responsible for carrying out the 
requirements of this Act. The Council members are to work 
together to develop an appropriate mechanism for the 
disbursement of funds between Council members. For instance, 
section 107 of the bill requires the Under Secretary to 
maintain a data base of restoration projects carried out under 
this legislation. NOAA shall utilize funds disbursed from the 
Secretary to maintain the data base.
Section 110. Authorization of Appropriations
    The total of $315,000,000 for fiscal years 1999 through 
2003 is authorized to carry out estuary habitat restoration 
projects under this section. The $315,000,000 would be 
distributed as follows: $40,000,000 for fiscal year 1999; 
$50,000,000 for fiscal year 2000, and $75,000,000 for each of 
fiscal years 2001 through 2003.
Section 111. National Estuary Program
    This section amends section 320(g)(2) of the Federal Water 
Pollution Control Act to provide explicit authority for the 
Administrator of the Environmental Protection Agency to issue 
grants not only for assisting activities necessary for the 
development of comprehensive conservation and management plans 
(CCMPs) but also for the implementation of CCMPs. 
Implementation for purposes of this section includes managing 
and overseeing the implementation of CCMPs consistent with 
section 320(b)(6) of the Act, which provides that management 
conferences, among other things, are to ``monitor the 
effectiveness of actions taken pursuant to the [CCMP].'' 
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.
    The National Estuary Program is an important partnership 
among Federal, State, and local governments to protect 
estuaries of national significance threatened by pollution. A 
major goal of the program has been to prepare CCMPs for the 28 
nationally designated estuaries. To facilitate preparation of 
the plans, the Federal Government has provided grant funds, 
while State and local governments have developed the plans. The 
partnership has been a success in that 17 of 28 nationally 
designated estuaries have completed plans.
    In order to continue and strengthen this partnership, grant 
funds should be eligible for use in the implementation of the 
completed plans as well as for their development. 
Appropriations for grants for CCMPs are authorized at 
$25,000,000 for each of fiscal years 1999 and 2000. This 
increase reflects the growth in the National Estuary Program 
since the program was last authorized in 1987. In 1991 when the 
authorization expired, 17 local estuary programs existed; now 
there are 28 programs. The cost of implementing the 28 estuary 
programs will require significant resources. However, State and 
local governments should take primary responsibility for 
implementing CCMPs.
Section 112. General Provisions
    This section provides the Secretary of the Army with the 
authority to carry out responsibilities under this Act, and it 
clarifies that habitat restoration is one of the Corps' 
missions.

        title ii--chesapeake bay and other regional initiatives

Section 201. Chesapeake Bay
    The Chesapeake Bay Program has evolved considerably since 
1983 and has become a model for other estuary restoration and 
protection programs around the world. Two new Chesapeake Bay 
Agreements were signed in 1987 and 1992, and other amendments 
and initiatives were agreed to, which have committed the States 
in the Bay and the Federal government to: (1) a 40 percent 
nutrient reduction goal in the mainstream and tributaries of 
the Bay by the year 2000; and (2) addressing other key issues 
in natural resources, water quality, population growth, and 
public access.
    In order to ensure effective implementation of these 
commitments, this section amends section 117 of the Federal 
Water Pollution Control Act to reauthorize and strengthen the 
Chesapeake Bay Program. It directs the Administrator of the 
Environmental Protection Agency to continue the Chesapeake Bay 
Program Office in Annapolis. The Chesapeake Bay Program is to 
continue its leadership and technology transfer to other groups 
participating in the National Estuary Program, particularly in 
the following areas: (1) nutrient reduction through new 
technologies, such as biological nutrient removal; (2) air 
deposition of nitrogen to estuarine and coastal waters; (3) 
computer modeling; and (4) environmental indicators with an 
emphasis on measuring improvements to living resources.
    This section specifically enables the Administrator: (1) to 
enter into interagency agreements with other Federal agencies; 
(2) to continue to give technical assistance grants to 
nonprofit private organizations and individuals, State and 
local governments, colleges, universities and interstate 
agencies; and (3) to continue to give implementation grants to 
signatory jurisdictions.
    Subsection (f) provides new authority to ensure that 
Federal facilities in the Chesapeake Bay Watershed participate 
in the CBP and in local efforts to restore and protect the Bay 
and its tributaries. Each Federal facility adjacent to the 
Chesapeake Bay or its tributaries should ensure that the public 
has access to the shoreline and water to the maximum extent 
feasible, considering public safety and national security. This 
subsection also directs the Federal Agencies Committee of the 
Chesapeake Bay Program to assure strengthened stormwater 
management in urban watersheds.
    Subsection (g) directs the Administrator to ensure that 
signatory jurisdictions update, expand, and begin implementing 
their tributary-specific management strategies within one year 
of the date of enactment of the bill. The strategies should 
include nutrient reduction targets as well as water quality 
requirements necessary for living resources, toxics reduction 
and prevention components, and habitat restoration and 
protection components. This subsection also establishes the 
Small Watershed Grants program as a permanent part of the 
Chesapeake Bay Program.
    Subsection (h) directs the Administrator and the Chesapeake 
Executive Council to complete a study of and comprehensive 
report on the Chesapeake Bay Program. The Administrator should 
work in cooperation with the Chesapeake Bay Program's Citizen's 
Advisory Committee and the Alliance for the Chesapeake Bay in 
conducting the study.
Section 202. Chesapeake Bay Gateways
    Section 202 establishes a Chesapeake Bay Gateways and 
Watertrails network and provides funding and support to 
communities for conserving important natural, cultural, 
historical and recreational resources within the Chesapeake Bay 
watershed. $3,000,000 is authorized for each of fiscal years 
1999 through 2003 for matching grants to State and local 
governments, nonprofit organizations and others for conserving 
and restoring important resources in the Bay.
    The 64,000 square mile Chesapeake Bay watershed contains 
many outstanding natural and cultural resources that combine to 
form a nationally distinctive ecosystem. They serve as habitat 
for fish and wildlife and provide places for recreation and 
tourism. Protecting, conserving and restoring these resources 
is vital to the overall health of the Chesapeake Bay. As a 
formal partner in the Chesapeake Bay Program and as a signator 
to the 1994 Agreement of Federal Agencies on Ecosystem 
Management in the Chesapeake Bay, the Department of Interior, 
acting through the U.S. Fish and Wildlife Service, the U.S. 
Geological Survey and the National Park Service, plays an 
important role in assisting local, State and regional 
governments with Bay conservation, restoration and education 
efforts. To further these efforts, this section authorizes the 
Secretary of Interior, or a designee, in cooperation with the 
EPA Administrator, to identify ecologically or culturally 
significant areas of the Bay and its tributaries; to designate 
important resources as Chesapeake Bay Gateway sites; and to 
link them in a manner which will help enhance public education 
and access to the Bay. It also authorizes the Secretary to 
establish Chesapeake Bay Watertrails and to connect them with 
Gateway sites.
Section 203. Pfiesteria Research
    This section authorizes the EPA, the National Marine 
Fisheries Service, the National Institute of Environmental 
Health Sciences, the Centers for Disease Control and 
Prevention, and the Department of Agriculture, to establish a 
research program for the eradication or control of Pfiesteria 
and other aquatic toxins. In carrying out this research 
program, the agencies are directed to make grants to colleges 
and other entities in affected States for the elimination or 
control of Pfiesteria. $5,000,000 is authorized for each of 
fiscal years 1999 and 2000 for this program.
Section 204. Long Island Sound
    The purpose of this section is to provide additional 
Federal resources to help protect and restore the Long Island 
Sound. This section authorizes $10,000,000 for each of fiscal 
years 1999 through 2003 for the implementation of the Long 
Island Sound Comprehensive Conservation and Management Plan 
(CCMP) and authorizes such sums as are necessary for the Long 
Island Sound Office during this period. The funds provided in 
this section will be used to implement the Long Island CCMP, 
including habitat restoration work and projects to help reduce 
the amount of nitrogen reaching the Sound.
    The CCMP calls for a reduction in the amount of nitrogen 
reaching the waters of the Long Island Sound of nearly 60 
percent over the next 15 years and a goal of restoring at least 
2,000 acres of coastal habitat and 100 miles of river used by 
migratory fish over the next 10 years. Toward this goal, 450 
critical habitat sites already have been nominated for 
restoration work.

                          Legislative History

    On April 17, 1997, Senator Sarbanes introduced S. 618, the 
Chesapeake Bay Restoration Act of 1997, and S. 619, the 
Chesapeake Bay Gateways and Watertrails Act of 1997. On 
September 25, 1997, Senator Faircloth introduced the Pfiesteria 
Research Act of 1997. The committee ordered reported S. 1219 on 
November 4, 1997 (Report 105-132). On September 25, 1997, 
Senator Chafee, chairman of the committee, introduced S. 1222, 
the Estuary Habitat Restoration Partnership Act of 1997. On 
October 28, 1997, Senator Torricelli introduced S. 1321, the 
National Estuary Conservation Act of 1997.

                                Hearings

    The Committee on Environment and Public Works held a 
legislative hearing on estuaries on July 9, 1998 in Washington, 
DC. The purpose of the hearing was to consider S. 1222, the 
Estuary Habitat Restoration Partnership Act, S. 1321, the 
National Estuary Conservation Act, and H.R. 2207, the Coastal 
Pollution Reduction Act. Testimony on estuaries was given by: 
The Honorable Lauch Faircloth, North Carolina; the Honorable 
Robert G. Torricelli, New Jersey; the Honorable John B. Breaux, 
Louisiana; Mr. Robert H. Wayland III, Director, Office of 
Wetlands, Oceans and Watersheds, U.S. Environmental Protection 
Agency; Mr. Michael L. Davis, Deputy Assistant Secretary for 
Civil Works, U.S. Department of the Army; Mr. H. Curtis 
Spalding, Executive Director, Save the Bay, Providence, Rhode 
Island; Dr. Joann R. Burkholder, Research Coordinator, Botany 
Department, North Carolina State University, Raleigh, North 
Carolina; Dr. J. Walter Milon, Professor, Food and Resource 
Economic Department, University of Florida, Gainesville, 
Florida; and Mr. Ted Morton, Coastal Protection Program 
Counsel, American Oceans Campaign.

                             Rollcall Votes

    On July 22, 1998, the committee considered the chairman's 
amendment in the to S. 1222 in the nature of the substitute, 
which included provisions from s. 618, S. 619, S. 1219, and S. 
1321. During the consideration of the bill, an amendment 
offered by Senator Lieberman to extend the authorization of and 
increase the authorization for the Long Island Sound Program 
was agreed to by voice vote. The committee voted to report the 
bill, as amended, by voice vote. No rollcall votes were taken 
on the bill.

                           Regulatory Impact

    In compliance with section 11(b) of rule XXVI of the 
Standing Rules of the Senate, the committee makes the following 
evaluation of the regulatory impact of the reported bill. The 
reported bill will have no regulatory impact. This bill will 
not have any effect on the personal privacy of individuals.

                          Mandates Assessment

    In compliance with the Unfunded Mandates Reform Act of 1995 
(Public Law 104-4), the committee makes the following 
evaluation of the Federal mandates contained in the reported 
bill.
    S. 1222 imposes no Federal intergovernmental unfunded 
mandates on State, local, or tribal governments. All of its 
governmental directives are imposed on Federal agencies.
    The bill does not impose any Federal mandates on the 
private sector.

                          Cost of Legislation

    Section 403 of the Congressional Budget and Impoundment 
Control Act requires that a statement of the cost of the 
reported bill, prepared by the Congressional Budget Office, be 
included in the report. That statement follows:

                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, July 28, 1998.

Hon. John H. Chafee, Chairman,
Committee on Environment and Public Works,
U.S. Senate, Washington, DC.

    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 1222, the Estuary 
Habitat Restoration Partnership Act of 1998.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contacts are Gary Brown 
(for Federal costs), who can be reached at 226-2860, and Pepper 
Santalucia (for the State and local impact), who can be reached 
at 225-3220.

            Sincerely,
                                           June E. O'Neill,
                                                          Director.
                                ------                                


               Congressional Budget Office Cost Estimate

S. 1222, Estuary Habitat Restoration and Partnership Act of 
1998, As ordered reported by the Senate Committee on 
Environment and Public Works on July 22, 1998
Summary
    S. 1222 would authorize the appropriation of about $615 
million over the 1999-2003 period for:

          a Collaborative Council, consisting of 
        representatives from multiple Federal agencies, that 
        would develop a strategy for restoring estuary habitats 
        and provide financial assistance to nonfederal entities 
        for restoration projects,
          the National Estuary Program,
          the Chesapeake Bay Program,
          identifying significant natural, historical, 
        and other resources in the Chesapeake Bay and linking 
        them with a network of trails and water routes,
          a Pfiesteria research program, and
          conservation and management activities for 
        the Long island Sound.

    Of the authorized amounts, CBO estimates that $12 million 
is already authorized under current law (for fiscal years 1999 
through 2001).
    CBO estimates the implementing S. 1222 would result in 
additions outlays of $480 million over the 1999-2003 period, 
assuming the appropriation of the amounts authorized by the 
bill. The remaining amounts authorized by the bill would be 
spent after 2003. Enacting the bill would not affect direct 
spending; or receipts, therefore, pay-as-you-go procedures 
would not apply. The bill contains no intergovernmental or 
private-sector mandates as defined in the Unfunded Mandates 
Reform Act (UMRA). Much of the funding afforded by the bill 
would be for grants for which State and local governments would 
be eligible.
Estimated Cost to the Federal Government
    CBO estimates that implementing the bill would result in 
additional outlays of $40 million in 1999, $83 million in 2000, 
$114 million in 2001, $121 million in 2002, and $122 million in 
2003, assuming appropriation of the authorized amounts. New 
spending would total $123 million after 2003. The estimated 
budgetary impact of S. 1222 is shown in the following table. In 
1998, about $34 million was appropriated for the activities 
that would be authorized by the bill. The costs of this 
legislation fall within budget function 300 (natural resources 
and environment).

                                                                                                                
                                     by Fiscal Year, in Millions of Dollars                                     
----------------------------------------------------------------------------------------------------------------
                                                                   1998    1999    2000    2001    2002    2003 
----------------------------------------------------------------------------------------------------------------
                Spending Subject to Appropriation                                                               
Spending Under Current Law:                                                                                     
    Budget Authority/Authorization Level \1\....................      34       4       4       4       0       0
    Estimated Outlays...........................................      34      24      13       6       3       1
                                                                                                                
Proposed Changes:                                                                                               
    Estimated Authorization Level...............................       0     114     124     119     123     123
    Estimated Outlays...........................................       0      40      83     114     121     122
Spending Under S. 1222:                                                                                         
    Budget Authority/Authorization Level\1\.....................      34     118     128     123     123     123
    Estimated Outlays...........................................      34      64      96     120     124     123
----------------------------------------------------------------------------------------------------------------
\1\ The 1998 level is the amount appropriated for that year. In addition, current law includes the authorization
  of $3 million a year for 1999 through 2001 for conservation and management of the Long Island Sound and such  
  sums as necessary over the same period for the Long Island Sound Office. CBO estimates an aggregate           
  authorization level of $4 million a year for these activities.                                                

Basis of Estimate
    For purposes of this estimate, CBO assumes that the bill 
will be enacted by the beginning of fiscal year 1999 and that 
the amounts authorized will be appropriated each year. Outlays 
are estimated based on historical rates of spending for the 
types of activities that would be authorized.
    The bill would authorize the appropriation of $4 million 
annually over the 1999-2003 period to the Army Corps of 
Engineers for administering the Collaborative Council and an 
additional $40 million in 1999, $50 million in 2000, and $75 
million annually over the 2001-2003 period for restoration 
projects. No amounts were appropriated for these purposes in 
1998 The bill would authorize $25 million in each of fiscal 
years 1999 and 2000 to the Environmental Protection Agency 
(EPA) for the National Estuary Program. The 1998 appropriation 
for that program is $13 million.
    In addition, S. 1222 would authorize the appropriation of 
$30 million a year over the 1999-2003 period to EPA for the 
Chesapeake Bay Program and $3 million a year over the same 
period to the U.S. Fish and Wildlife Service (USFWS) for 
identifying significant natural, historical and other 
resources. In the Chesapeake Bay and linking them with a 
network of trails and water routes. In 1998, the Chesapeake Bay 
Program received an appropriation of $20 million. The USFWS 
work would be a new effort; no funds were appropriated for that 
purpose in 1998.
    The bill would authorize the appropriation of $5 million in 
each of fiscal years 1999 and 2000 to EPA, the National Oceanic 
and Atmospheric Administration, the Department of Health and 
Human Services, and the Department of Agriculture for 
establishing a joint research program on Pfiesteria piscicida 
and other aquatic toxins. No amounts were appropriated in 1998 
for this purpose.
    Finally, the bill would authorize the appropriation of $10 
million a year over the 1999-9003 period for projects to 
conserve and manage the Long Island Sound, and an estimated $1 
million a year over the same period for the Long Island Sound 
Office. Collectively these activities have existing 
authorizations estimated at about $4 million per year through 
2001. The 1998 appropriation was about $1 million.
    Pay-as-you-go considerations: None.
    Estimated impact on State, local, and tribal governments: 
S. 1222 contains no intergovernmental no dates as defined in 
UMRA. Much of Me Finding authorized by The hill would be for 
grants for which State and local governments would be eligible. 
These Rants would help pay the COSTS of studying, restoring, 
and managing estuaries. Grant recipients would be responsible 
for paying Morn 5 percent TO 50 percent of the COST of these 
activities, depending on the activity and the program that is 
providing the grant finding.
    Estimated impact on the private sector: This bill would 
impose no new private-sector mandates as defined in UMRA.
    Estimate prepared by: Federal Costs: Gary Brown (226-2860); 
Impact on State, Local, and Tribal Governments: Pepper 
Santalucia (225-3220)
    Estimate approved by: Robert A. Sunshine, Deputy Assistant 
Director for Budget Analysis.

                        Changes in Existing Law

    In compliance with section 12 of rule XXVI of the Standing 
Rules of the Senate, changes in existing law made by the bill 
as reported are shown as follows: Existing law proposed to be 
omitted is enclosed in [black brackets], new matter is printed 
in italic, existing law in which no change is proposed is shown 
in roman:

                  Federal Water Pollution Control Act

(33 united states code, 1251 et seq.)

           *       *       *       *       *       *       *


    Sec. 117. Chesapeake Bay.--
    [(a) Office.--The Administrator shall continue the 
Chesapeake Bay Program and shall establish and maintain in the 
Environmental Protection Agency an office, division, or branch 
of Chesapeake Bay Programs to--
            [(1) collect and make available, through 
        publications and other appropriate means, information 
        pertaining to the environmental quality of the 
        Chesapeake Bay (hereinafter in this subsection referred 
        to as the ``Bay'');
            [(2) coordinate Federal and State efforts to 
        improve the water quality of the Bay;
            [(3) determine the impact of sediment deposition in 
        the Bay and identify the sources, rates, routes, and 
        distribution patterns of such sediment deposition; and
            [(4) determine the impact of natural and man-
        induced environmental changes on the living resources 
        of the Bay and the relationships among such changes, 
        with particular emphasis placed on the impact of 
        pollutant loadings of nutrients, chlorine, acid 
        precipitation, dissolved oxygen, and toxic pollutants, 
        including organic chemicals and heavy metals, and with 
        special attention given to the impact of such changes 
        on striped bass.
    [(b) Interstate development plan grants.--
            [(1) Authority.--The Administrator shall, at the 
        request of the Governor of a State affected by the 
        interstate management plan developed pursuant to the 
        Chesapeake Bay Program (hereinafter in this section 
        referred to as the ``plan''), make a grant for the 
        purpose of implementing the management mechanisms 
        contained in the plan if such State has, within 1 year 
        after February 4, 1987, approved and committed to 
        implement all or substantially all aspects of the plan. 
        Such grants shall be made subject to such terms and 
        conditions as the Administrator considers appropriate.
            [(2) Submission of proposal.--A State or 
        combination of States may elect to avail itself of the 
        benefits of this subsection by submitting to the 
        Administrator a comprehensive proposal to implement 
        management mechanisms contained in the plan which shall 
        include (A) a description of proposed abatement actions 
        which the State or combination of States commits to 
        take within a specified time period to reduce pollution 
        in the Bay and to meet applicable water quality 
        standards, and (B) the estimated cost of the abatement 
        actions proposed to be taken during the next fiscal 
        year. If the Administrator finds that such proposal is 
        consistent with the national policies set forth in 
        section 1251(a) of this title and will contribute to 
        the achievement of the national goals set forth in such 
        section, the Administrator shall approve such proposal 
        and shall finance the costs of implementing segments of 
        such proposal.
            [(3) Federal share.--Grants under this subsection 
        shall not exceed 50 percent of the costs of 
        implementing the management mechanisms contained in the 
        plan in any fiscal year and shall be made on condition 
        that non-Federal sources provide the remainder of the 
        cost of implementing the management mechanisms 
        contained in the plan during such fiscal year.
            [(4) Administrative costs.--Administrative costs in 
        the form of salaries, overhead, or indirect costs for 
        services provided and charged against programs or 
        projects supported by funds made available under this 
        subsection shall not exceed in any one fiscal year 10 
        percent of the annual Federal grant made to a State 
        under this subsection.
    [(c) Reports.--Any State or combination of States that 
receives a grant under subsection (b) of this section shall, 
within 18 months after the date of receipt of such grant and 
biennially thereafter, report to the Administrator on the 
progress made in implementing the interstate management plan 
developed pursuant to the Chesapeake Bay Program. The 
Administrator shall transmit each such report along with the 
comments of the Administrator on such report to Congress.
    [(d) Authorization of appropriations.--There are hereby 
authorized to be appropriated the following sums, to remain 
available until expended, to carry out the purposes of this 
section:
            [(1) $3,000,000 per fiscal year for each of the 
        fiscal years 1987, 1988, 1989, and 1990, to carry out 
        subsection (a) of this section; and
            [(2) $10,000,000 per fiscal year for each of the 
        fiscal years 1987, 1988, 1989, and 1990, for grants to 
        States under subsection (b) of this section.]
    (a) Definitions.--In this section:
            (1) Chesapeake bay agreement.--The term `Chesapeake 
        Bay Agreement' means the formal, voluntary agreements, 
        amendments, directives, and adoption statements 
        executed to achieve the goal of restoring and 
        protecting the Chesapeake Bay ecosystem and the living 
        resources of the ecosystem and signed by the Chesapeake 
        Executive Council.
            (2) Chesapeake bay program.--The term `Chesapeake 
        Bay Program' means the program directed by the 
        Chesapeake Executive Council in accordance with the 
        Chesapeake Bay Agreement.
            (3) Chesapeake bay watershed.--The term `Chesapeake 
        Bay watershed' shall have the meaning determined by the 
        Administrator.
            (4) Chesapeake executive council.--The term 
        `Chesapeake Executive Council' means the signatories to 
        the Chesapeake Bay Agreement.
            (5) 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.--The Administrator shall 
        maintain in the Environmental Protection Agency a 
        Chesapeake Bay Program Office. The Chesapeake Bay 
        Program Office shall provide support to the Chesapeake 
        Executive Council by--
                    (A) implementing and coordinating science, 
                research, modeling, support services, 
                monitoring, data collection, and other 
                activities that support the Chesapeake Bay 
                Program;
                    (B) 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;
                    (C) assisting the signatories to the 
                Chesapeake Bay Agreement, in cooperation with 
                appropriate Federal, State, and local 
                authorities, in developing and implementing 
                specific action plans to carry out the 
                responsibilities of the signatories to the 
                Chesapeake Bay Agreement;
                    (D) 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 of the Chesapeake Bay; 
                        and
                            (ii) obtain the support of the 
                        appropriate officials of the agencies 
                        and authorities in achieving the 
                        objectives of the Chesapeake Bay 
                        Agreement; and
                    (E) 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 consultation with other members 
        of the Chesapeake Executive Council, the Administrator 
        may provide technical assistance, and assistance 
        grants, to nonprofit private organizations and 
        individuals, 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 Environmental Protection Agency 
                guidance.
                    (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 
        (including salaries, overhead, and indirect costs for 
        services provided and charged against projects 
        supported by funds made available under this 
        subsection) incurred by a person described in paragraph 
        (1) in carrying out a project under this subsection 
        during a fiscal year shall not exceed 10 percent of the 
        grant made to the person under this subsection for the 
        fiscal year.
    (e) Implementation 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 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.
            (2) Proposals.--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. The proposal shall include--
                    (A) 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 to meet applicable water 
                quality standards; and
                    (B) 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 a fiscal year.
            (4) Federal share.--The Federal share of an 
        implementation grant provided under this subsection 
        shall not exceed 50 percent of the costs of 
        implementing the management mechanisms during the 
        fiscal year.
            (5) Non-federal share.--An implementation grant 
        under this subsection shall be made on the condition 
        that non-Federal sources provide the remainder of the 
        costs of implementing the management mechanisms during 
        the fiscal year.
            (6) Administrative costs.--Administrative costs 
        (including salaries, overhead, and indirect costs for 
        services provided and charged against projects 
        supported by funds made available under this 
        subsection) incurred by a signatory jurisdiction in 
        carrying out a project under this subsection during a 
        fiscal year shall not exceed 10 percent of the grant 
        made to the jurisdiction under this subsection for the 
        fiscal year.
    (f) Compliance of Federal Facilities.--
            (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.
    (g) Chesapeake Bay Watershed, Tributary, and River Basin 
Program.--
            (1) Nutrient and water quality management 
        strategies.--Not later than 1 year after the date of 
        enactment of this subsection, the Administrator, in 
        consultation 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 for the 
        tributaries of the Chesapeake Bay to achieve and 
        maintain--
                    (A) the nutrient goals of the Chesapeake 
                Bay Agreement for the quantity of nitrogen and 
                phosphorus entering the main stem Chesapeake 
                Bay;
                    (B) the water quality requirements 
                necessary to restore living resources in both 
                the tributaries and the main stem of the 
                Chesapeake Bay;
                    (C) the Chesapeake Bay basinwide toxics 
                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 
                that inhabit the Bay or on human health; and
                    (D) habitat restoration, protection, and 
                enhancement goals established by Chesapeake Bay 
                Agreement signatories for wetlands, forest 
                riparian zones, and other types of habitat 
                associated with the Chesapeake Bay and the 
                tributaries of the Chesapeake Bay.
            (2) Small watershed grants program.--The 
        Administrator, in consultation with other members of 
        the Chesapeake Executive Council, may offer the 
        technical assistance and assistance grants authorized 
        under subsection (d) to local governments and nonprofit 
        private organizations and individuals in the Chesapeake 
        Bay watershed to implement--
                    (A) cooperative tributary basin strategies 
                that address the Chesapeake Bay's water quality 
                and living resource needs; or
                    (B) locally based protection and 
                restoration programs or projects within a 
                watershed that complement the tributary basin 
                strategies.
    (h) Study of Chesapeake Bay Program.--Not later than 
December 31, 2000, and every 3 years thereafter, the 
Administrator, in cooperation with other members of the 
Chesapeake Executive Council, shall complete a study and submit 
a comprehensive report to Congress on the results of the study. 
The study and report shall, at a minimum--
            (1) assess the commitments and goals of the 
        management strategies established under the Chesapeake 
        Bay Agreement and the extent to which the commitments 
        and goals are being met;
            (2) assess the priority needs required by the 
        management strategies and the extent to which the 
        priority needs are being met;
            (3) assess the effects of air pollution deposition 
        on water quality of the Chesapeake Bay;
            (4) assess the state of the Chesapeake Bay and its 
        tributaries and related actions of the Chesapeake Bay 
        Program;
            (5) make recommendations for the improved 
        management of the Chesapeake Bay Program; and
            (6) provide the report in a format transferable to 
        and usable by other watershed restoration programs.
    (i) Authorization of Appropriations.--There is authorized 
to be appropriated to carry out this section $30,000,000 for 
each of fiscal years 1999 through 2003.

           *       *       *       *       *       *       *

    Sec. 119. Long Island Sound.--
    (a) The Administrator shall continue the Management 
Conference of the Long Island Sound Study (hereinafter referred 
to as the ``Conference'') as established pursuant to section 
1330 of this title, and shall establish an office (hereinafter 
referred to as the ``Office'') to be located on or near Long 
Island Sound.
    (b) Administration and Staffing of Office.--The Office 
shall be headed by a Director, who shall be detailed by the 
Administrator, following consultation with the Administrators 
of EPA regions I and II, from among the employees of the Agency 
who are in civil service. The Administrator shall delegate to 
the Director such authority and detail such additional staff as 
may be necessary to carry out the duties of the Director under 
this section.
    (c) Duties of Office.--The Office shall assist the 
Management Conference of the Long Island Sound Study in 
carrying out its goals. Specifically, the Office shall--
            (1) assist and support the implementation of the 
        Comprehensive Conservation and Management Plan for Long 
        Island Sound developed pursuant to section 320 of this 
        Act;
            (2) conduct or commission studies deemed necessary 
        for strengthened implementation of the Comprehensive 
        Conservation and Management Plan including, but not 
        limited to--
                    (A) population growth and the adequacy of 
                wastewater treatment facilities,
                    (B) the use of biological methods for 
                nutrient removal in sewage treatment plants,
                    (C) contaminated sediments, and dredging 
                activities,
                    (D) nonpoint source pollution abatement and 
                land use activities in the Long Island Sound 
                watershed,
                    (E) wetland protection and restoration,
                    (F) atmospheric deposition of acidic and 
                other pollutants into Long Island Sound,
                    (G) water quality requirements to sustain 
                fish, shellfish, and wildlife populations, and 
                the use of indicator species to assess 
                environmental quality,
                    (H) State water quality programs, for their 
                adequacy pursuant to implementation of the 
                Comprehensive Conservation and Management Plan, 
                and
                    (I) options for long-term financing of 
                wastewater treatment projects and water 
                pollution control programs.
            (3) coordinate the grant, research and planning 
        programs authorized under this section;
            (4) coordinate activities and implementation 
        responsibilities with other Federal agencies which have 
        jurisdiction over Long Island Sound and with national 
        and regional marine monitoring and research programs 
        established pursuant to the Marine Protection, 
        Research, and Sanctuaries Act;
            (5) provide administrative and technical support to 
        the conference;
            (6) collect and make available to the public 
        publications, and other forms of information the 
        conference determines to be appropriate, relating to 
        the environmental quality of Long Island Sound;
            (7) not more than two years after the date of the 
        issuance of the final Comprehensive Conservation and 
        Management Plan for Long Island Sound under section 
        1330 of this title, and biennially thereafter, issue a 
        report to the Congress which--
                    (A) summarizes the progress made by the 
                States in implementing the Comprehensive 
                Conservation and Management Plan;
                    (B) summarizes any modifications to the 
                Comprehensive Conservation and Management Plan 
                in the twelve-month period immediately 
                preceding such report; and
                    (C) incorporates specific recommendations 
                concerning the implementation of the 
                Comprehensive Conservation and Management Plan; 
                and
            (8) convene conferences and meetings for 
        legislators from State governments and political 
        subdivisions thereof for the purpose of making 
        recommendations for coordinating legislative efforts to 
        facilitate the environmental restoration of Long Island 
        Sound and the implementation of the Comprehensive 
        Conservation and Management Plan.
    (d) Grants.--(1) The Administrator is authorized to make 
grants for projects and studies which will help implement the 
Long Island Sound Comprehensive Conservation and Management 
Plan. Special emphasis shall be given to implementation, 
research and planning, enforcement, and citizen involvement and 
education.
    (2) State, interstate, and regional water pollution control 
agencies, and other public or nonprofit private agencies, 
institutions, and organizations held to be eligible for grants 
pursuant to this subsection.
    (3) Citizen involvement and citizen education grants under 
this subsection shall not exceed 95 per centum of the costs of 
such work. All other grants under this subsection shall not 
exceed 50 per centum of the research, studies, or work. All 
grants shall be made on the condition that the non-Federal 
share of such costs are provided from non-Federal sources.
    (e) Authorizations.--(1) There is authorized to be 
appropriated to the Administrator for the implementation of 
this section, other than subsection (d) of this section, such 
sums as may be necessary for each of the fiscal years [1991 
through 2001.] 1999 through 2003.
    (2) There is authorized to be appropriated to the 
Administrator for the implementation of subsection (d) of this 
section not to exceed [$3,000,000 for each of the fiscal years 
1991 through 2001]. $10,000,000 for each of fiscal years 1999 
through 2003.

                                
