[House Report 114-104]
[From the U.S. Government Publishing Office]
114th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 114-104
======================================================================
TO REAUTHORIZE THE NATIONAL ESTUARY PROGRAM, AND FOR OTHER PURPOSES
_______
May 8, 2015.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Shuster, from the Committee on Transportation and Infrastructure,
submitted the following
R E P O R T
[To accompany H.R. 944]
[Including cost estimate of the Congressional Budget Office]
The Committee on Transportation and Infrastructure, to whom
was referred the bill (H.R. 944) to reauthorize the National
Estuary Program, and for other purposes, having considered the
same, report favorably thereon without amendment and recommend
that the bill do pass.
CONTENTS
Page
Purpose of the Legislation....................................... 2
Background and Need for the Legislation.......................... 2
Hearings......................................................... 3
Legislative History and Consideration............................ 3
Committee Votes.................................................. 3
Committee Oversight Findings..................................... 3
New Budget Authority and Tax Expenditures........................ 3
Congressional Budget Office Cost Estimate........................ 4
Performance Goals and Objectives................................. 5
Advisory of Earmarks............................................. 5
Duplication of Federal Programs.................................. 5
Disclosure of Directed Rulemakings............................... 5
Federal Mandates Statement....................................... 5
Preemption Clarification......................................... 6
Advisory Committee Statement..................................... 6
Applicability to the Legislative Branch.......................... 6
Section-by-Section Analysis of the Legislation................... 6
Changes in Existing Law Made by the Bill, as Reported............ 7
Purpose of the Legislation
The purpose of H.R. 944 is to amend section 320 of the
Federal Water Pollution Control Act (the Clean Water Act) to
reauthorize the National Estuary Program within the
Environmental Protection Agency (EPA).
Background and Need for the Legislation
Estuaries, which are partially enclosed waterbodies where
freshwater from land drainage through rivers or streams flows
into an open sea or the ocean, are unique and highly productive
waters that are important to the ecological and economic bases
of our nation. In particular, fisheries, wildlife, recreation,
and tourism are heavily dependent on healthy estuarine systems.
Yet, despite their value, most estuaries in the United States
are experiencing stress from physical alteration and pollution,
often resulting from development and rapid population growth in
coastal cities and counties. In the mid-1980s, Congress
recognized the importance of, and the need to protect the
natural functions of, estuaries. As a result, in 1987, as part
of P.L. 100-4, Congress added section 320 to the Clean Water
Act to establish the National Estuary Program (NEP).
The NEP is designed to promote comprehensive planning for
long-term protection of nationally significant estuaries in the
United States that are deemed to be threatened by pollution,
development, or overuse, through collaborative voluntary
efforts of federal, state, local, non-profit, and private
interests. The NEP aims to address water quality problems in,
and promote the ecological integrity of, estuaries. The NEP
coordinates and provides funding for long-term planning and
management activities to address the complex factors that
contribute to the degradation of estuaries.
Once a governor nominates an estuary for inclusion in the
NEP, and if the EPA determines the estuary is ``nationally
significant,'' it is accepted, and becomes eligible for
technical assistance and grant funding. Then a collaborative
decision-making process begins where stakeholders develop and
implement long-term management plans, called ``Comprehensive
Conservation and Management Plans'' (CCMPs). A CCMP is a long-
term plan that contains specific targeted actions designed to
address water quality and ecological challenges in the
estuary's watershed. A CCMP is to recommend priority actions
and schedules to protect the estuary, restore and maintain its
chemical, physical, and biological integrity, and control
pollution sources.
Each estuary program in the NEP has a Management Conference
(MC) made up of diverse stakeholders. Using a consensus-
building approach and collaborative decision-making process
instead of a regulatory approach, each MC works closely
together to implement the CCMP. The MC ensures that the CCMP is
uniquely tailored to the local environmental conditions, is
based on local input, and supports local priorities.
Stakeholders may include citizens, state and local
governments, federal agencies, private and non-profit
interests, industrial, recreational, or other user groups, and
academic or scientific experts. The goal is for the
stakeholders to be partners in developing and implementing the
CCMPs.
There are approximately 130 estuaries in the United States.
Twenty-eight of these estuaries, located along the Atlantic,
Gulf, and Pacific coasts and in Puerto Rico, have been
incorporated into the NEP. Once the EPA has accepted an estuary
into the NEP, the EPA supports the effort with technical
assistance and grants. Each estuary program in the NEP has
completed its planning process and is implementing its CCMP.
In 2004, in P.L. 108-399, Congress reauthorized section 320
of the CWA through fiscal year 2010. Section 320 of the Clean
Water Act most recently authorized the NEP at $35 million per
year.
Hearings
No hearings were held on H.R. 944 in the 114th Congress.
Legislative History and Consideration
On February 12, 2015, Representative Frank LoBiondo of New
Jersey introduced H.R. 944, a bill to reauthorize the National
Estuary Program.
On April 15, 2015, the Committee on Transportation and
Infrastructure met in open session to consider H.R. 944, and
ordered the bill reported favorably to the House by voice vote
with a quorum present.
In the 113th Congress, the Committee on Transportation and
Infrastructure ordered a virtually identical bill (H.R. 5266)
reported favorably to the House by voice vote with a quorum
present. H.R. 5266 passed the House of Representatives under
suspension of the rules by voice vote.
Committee Votes
Clause 3(b) of rule XIII of the Rules of the House of
Representatives requires each committee report to include the
total number of votes cast for and against on each record vote
on a motion to report and on any amendment offered to the
measure or matter, and the names of those members voting for
and against. There were no record votes taken in connection
with consideration of H.R. 944, or ordering the bill reported.
A motion to order H.R. 944 reported favorably to the House was
agreed to by voice vote with a quorum present.
Committee Oversight Findings
With respect to the requirements of clause 3(c)(1) of rule
XIII of the Rules of the House of Representatives, the
Committee's oversight findings and recommendations are
reflected in this report.
New Budget Authority And Tax Expenditures
Clause 3(c)(2) of rule XIII of the Rules of the House of
Representatives does not apply where a cost estimate and
comparison prepared by the Director of the Congressional Budget
Office under section 402 of the Congressional Budget Act of
1974 has been timely submitted prior to the filing of the
report and is included in the report. Such a cost estimate is
included in this report.
Congressional Budget Office Cost Estimate
With respect to the requirement of clause 3(c)(3) of rule
XIII of the Rules of the House of Representatives and section
402 of the Congressional Budget Act of 1974, the Committee has
received the enclosed cost estimate for H.R. 944 from the
Director of the Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, April 22, 2015.
Hon. Bill Shuster,
Chairman, Committee on Transportation and Infrastructure,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 944, a bill to
reauthorize the National Estuary Programs, and for other
purposes.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Susanne S.
Mehlman.
Sincerely,
Keith Hall,
Director.
Enclosure.
H.R. 944--A bill to reauthorize the National Estuary Programs, and for
other purposes
Summary: H.R. 944 would authorize the appropriation of $27
million annually over the 2016-2020 period for the
Environmental Protection Agency's (EPA's) National Estuary
Program. The legislation also would amend the Clean Water Act
to require that grants awarded to state, local, and private
entities by EPA are awarded in a competitive manner. CBO
estimates that implementing this legislation would cost $116
million over the 2016-2020 period, assuming appropriation of
the authorized amounts.
Enacting H.R. 944 would not affect direct spending or
revenues; therefore, pay-as-you-go procedures do not apply.
H.R. 944 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA),
and any costs incurred by state, local, or tribal governments,
including matching contributions, would result from
participation in a voluntary federal program.
Estimated cost to the Federal Government: The estimated
budgetary effect of this legislation is shown in the following
table. The costs of this legislation fall within budget
function 300 (natural resources and environment).
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
-----------------------------------------------------------------
2016 2017 2018 2019 2020 2016-2020
----------------------------------------------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Authorization Level........................... 27 27 27 27 27 135
Estimated Outlays............................. 12 23 27 27 27 116
----------------------------------------------------------------------------------------------------------------
Basis of estimate: CBO assumes that H.R. 944 will be
enacted near the start of 2016 and that the amounts authorized
will be appropriated each fiscal year. Estimated outlays are
based on historical spending patterns for the National Estuary
Program. The authorization for this program expired in 2010,
but $26 million was appropriated for the program in 2015. Under
the National Estuary Program, EPA develops plans for attaining
or maintaining water quality in an estuary.
Intergovernmental and private-sector impact: H.R. 944
contains no intergovernmental or private-sector mandates as
defined in UMRA, and any costs incurred by state, local, or
tribal governments, including matching contributions, would
result from participation in a voluntary federal program.
Estimate prepared by: Federal costs: Susanne S. Mehlman;
Impact on state, local, and tribal governments: Jon Sperl;
Impact on the private sector: Amy Petz.
Estimate approved by: Theresa Gullo, Assistant Director for
Budget Analysis.
Performance Goals and Objectives
With respect to the requirement of clause 3(c)(4) of rule
XIII of the Rules of the House of Representatives, the
performance goal and objective of this legislation is to
reauthorize the National Estuary Program.
Advisory of Earmarks
Pursuant to clause 9 of rule XXI of the Rules of the House
of Representatives, the Committee is required to include a list
of congressional earmarks, limited tax benefits, or limited
tariff benefits as defined in clause 9(e), 9(f), and 9(g) of
rule XXI of the Rules of the House of Representatives. No
provision in the bill includes an earmark, limited tax benefit,
or limited tariff benefit under clause 9(e), 9(f), or 9(g) of
rule XXI.
Duplication of Federal Programs
Pursuant to section 3(g) of H. Res. 5, 114th Cong. (2015),
the Committee finds that no provision of H.R. 944, as reported,
establishes or reauthorizes a program of the federal government
known to be duplicative of another federal program, a program
that was included in any report from the Government
Accountability Office to Congress pursuant to section 21 of
Public Law 111-139, or a program related to a program
identified in the most recent Catalog of Federal Domestic
Assistance.
Disclosure of Directed Rulemakings
Pursuant to section 3(i) of H. Res. 5, 114th Cong. (2015),
the Committee estimates that enacting H.R. 944, as reported,
does not specifically direct the completion of any specific
rulemakings within the meaning of section 551 of title 5,
United States Code.
Federal Mandates Statement
The Committee adopts as its own the estimate of federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to section 423 of the Unfunded Mandates Reform
Act (P.L. 104-4).
Preemption Clarification
Section 423 of the Congressional Budget Act of 1974
requires the report of any Committee on a bill or joint
resolution to include a statement on the extent to which the
bill or joint resolution is intended to preempt state, local,
or tribal law. The Committee states that H.R. 944, as reported,
does not preempt any state, local, or tribal law.
Advisory Committee Statement
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act are created by this
legislation.
Applicability to the Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act (P.L. 104-1).
Section-by-Section Analysis of the Legislation
Section 1. Competitive awards
Section 1 amends section 320(g) of the Clean Water Act to
add a new paragraph (4). New paragraph (4) authorizes the EPA
Administrator to make competitive awards to states, interstate,
and regional water pollution control agencies and entities,
state coastal zone management agencies, interstate agencies,
other public or nonprofit private agencies, institutions,
organizations, and individuals, and allocates a portion of
available NEP funds for such competitive awards.
The EPA Administrator is to solicit applications for such
awards, and select award recipients that are best able to
address urgent and challenging issues that threaten the water
quality, ecological, and economic well-being of coastal areas.
Such issues are to include:
(i) extensive seagrass habitat losses resulting in
significant impacts on fisheries and water quality;
(ii) recurring harmful algae blooms;
(iii) unusual marine mammal mortalities;
(iv) invasive exotic species that may threaten
wastewater systems and cause other damage;
(v) jellyfish proliferation limiting community access
to water during peak tourism seasons;
(vi) flooding that may be related to sea level rise
or wetland degradation or loss; and
(vii) low dissolved oxygen conditions in estuarine
waters and related nutrient management.
Section 2. Authorization of appropriations
Section 2 strikes section 320(i) of the Clean Water Act
(entitled ``Authorization of Appropriations'') and replaces it
with a new subsection (i) (entitled ``Authorization of
Appropriations'') that extends the authorization of
appropriations for the NEP for each of fiscal years 2016
through 2020, at an amount of $27 million per year. New
subsection (i) also allocates the funds that are made available
in each fiscal year for section 320.
New subsection (i) authorizes appropriations for expenses
relating to the administration of grants or awards by the EPA
Administrator under section 320, including the award and
oversight of grants and awards, and specifies that expenses
relating to the administration of grants or awards shall not
exceed 5 percent of the amount appropriated under new
subsection (i).
In addition, new subsection (i) specifies that the EPA
Administrator shall provide, for the development,
implementation, and monitoring of each conservation and
management plan eligible for grant assistance under subsection
(g)(2) of section 320, not less than 80 percent of the amounts
made available in each fiscal year for section 320.
Further, new subsection (i) specifies that the EPA
Administrator shall provide not less than 15 percent of the
amounts made available in each fiscal year for section 320 for
making competitive awards described in subsection (g)(4) of
section 320.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
H.R. 944, as reported, are shown as follows:
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, 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, and existing law in which no
change is proposed is shown in roman):
FEDERAL WATER POLLUTION CONTROL ACT
* * * * * * *
TITLE III--STANDARDS AND ENFORCEMENT
* * * * * * *
SEC. 320. NATIONAL ESTUARY PROGRAM.
(a) Management Conference.--
(1) Nomination of estuaries.--The Governor of any
State may nominate to the Administrator an estuary
lying in whole or in part within the State as an
estuary of national significance and request a
management conference to develop a comprehensive
management plan for the estuary. The nomination shall
document the need for the conference, the likelihood of
success, and information relating to the factors in
paragraph (2).
(2) Convening of conference.--
(A) In general.--In any case where the
Administrator determines, on his own initiative
or upon nomination of a State under paragraph
(1), that the attainment or maintenance of that
water quality in an estuary which assures
protection of public water supplies and the
protection and propagation of a balanced,
indigenous population of shellfish, fish, and
wildlife, and allows recreational activities,
in and on the water, requires the control of
point and nonpoint sources of pollution to
supplement existing controls of pollution in
more than one State, the Administrator shall
select such estuary and convene a management
conference.
(B) Priority consideration.--The
Administrator shall give priority consideration
under this section to Long Island Sound, New
York and Connecticut; Narragansett Bay, Rhode
Island; Buzzards Bay, Massachusetts;
Massachusetts Bay, Massachusetts (including
Cape Cod Bay and Boston Harbor); Puget Sound,
Washington; New York-New Jersey Harbor, New
York and New Jersey; Delaware Bay, Delaware and
New Jersey; Delaware Inland Bays, Delaware;
Albermarle Sound, North Carolina; Sarasota Bay,
Florida; San Francisco Bay, California; Santa
Monica Bay, California; Galveston Bay, Texas;
Barataria-Terrebonne Bay estuary complex,
Louisiana; Indian River Lagoon, Florida; Lake
Pontchartrain Basin, Louisiana and Mississippi;
and Peconic Bay, New York.
(3) Boundary dispute exception.--In any case in which
a boundary between two States passes through an estuary
and such boundary is disputed and is the subject of an
action in any court, the Administrator shall not
convene a management conference with respect to such
estuary before a final adjudication has been made of
such dispute.
(b) Purposes of Conference.--The purposes of any management
conference convened with respect to an estuary under this
subsection shall be to--
(1) assess trends in water quality, natural
resources, and uses of the estuary;
(2) collect, characterize, and assess data on toxics,
nutrients, and natural resources within the estuarine
zone to identify the causes of environmental problems;
(3) develop the relationship between the inplace
loads and point and nonpoint loadings of pollutants to
the estuarine zone and the potential uses of the zone,
water quality, and natural resources;
(4) develop a comprehensive conservation and
management plan that 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 balanced indigenous population of shellfish,
fish and wildlife, and recreational activities in the
estuary, and assure that the designated uses of the
estuary are protected;
(5) develop plans for the coordinated implementation
of the plan by the States as well as Federal and local
agencies participating in the conference;
(6) monitor the effectiveness of actions taken
pursuant to the plan; and
(7) review all Federal financial assistance programs
and Federal development projects in accordance with the
requirements of Executive Order 12372, as in effect on
September 17, 1983, to determine whether such
assistance program or project would be consistent with
and further the purposes and objectives of the plan
prepared under this section.
For purposes of paragraph (7), such programs and projects shall
not be limited to the assistance programs and development
projects subject to Executive Order 12372, but may include any
programs listed in the most recent Catalog of Federal Domestic
Assistance which may have an effect on the purposes and
objectives of the plan developed under this section.
(c) Members of Conference.--The members of a management
conference convened under this section shall include, at a
minimum, the Administrator and representatives of--
(1) each State and foreign nation located in whole or
in part in the estuarine zone of the estuary for which
the conference is convened;
(2) international, interstate, or regional agencies
or entities having jurisdiction over all or a
significant part of the estuary;
(3) each interested Federal agency, as determined
appropriate by the Administrator;
(4) local governments having jurisdiction over any
land or water within the estuarine zone, as determined
appropriate by the Administrator; and
(5) affected industries, public and private
educational institutions, and the general public, as
determined appropriate by the Administrator.
(d) Utilization of Existing Data.--In developing a
conservation and management plan under this section, the
management conference shall survey and utilize existing
reports, data, and studies relating to the estuary that have
been developed by or made available to Federal, interstate,
State, and local agencies.
(e) Period of Conference.--A management conference convened
under this section shall be convened for a period not to exceed
5 years. Such conference may be extended by the Administrator,
and if terminated after the initial period, may be reconvened
by the Administrator at any time thereafter, as may be
necessary to meet the requirements of this section.
(f) Approval and Implementation of Plans.--
(1) Approval.--Not later than 120 days after the
completion of a conservation and management plan and
after providing for public review and comment, the
Administrator shall approve such plan if the plan meets
the requirements of this section and the affected
Governor or Governors concur.
(2) Implementation.--Upon approval of a conservation
and management plan under this section, such plan shall
be implemented. Funds authorized to be appropriated
under titles II and VI and section 319 of this Act may
be used in accordance with the applicable requirements
of this Act to assist States with the implementation of
such plan.
(g) Grants.--
(1) Recipients.--The Administrator is authorized to
make grants to State, interstate, and regional water
pollution control agencies and entities, State coastal
zone management agencies, interstate agencies, other
public or nonprofit private agencies, institutions,
organizations, and individuals.
(2) Purposes.--Grants under this subsection shall be
made to pay for activities necessary for the
development and implementation of a comprehensive
conservation and management plan under this section.
(3) Federal share.--The Federal share of a grant to
any person (including a State, interstate, or regional
agency or entity) under this subsection for a fiscal
year--
(A) shall not exceed--
(i) 75 percent of the annual
aggregate costs of the development of a
comprehensive conservation and
management plan; and
(ii) 50 percent of the annual
aggregate costs of the implementation
of the plan; and
(B) shall be made on condition that the non-
Federal share of the costs are provided from
non-Federal sources.
(4) Competitive awards.--
(A) In general.--Using the amounts made
available under subsection (i)(2)(B), the
Administrator shall make competitive awards
under this paragraph.
(B) Application for awards.--The
Administrator shall solicit applications for
awards under this paragraph from State,
interstate, and regional water pollution
control agencies and entities, State coastal
zone management agencies, interstate agencies,
other public or nonprofit private agencies,
institutions, organizations, and individuals.
(C) Selection of recipients.--In selecting
award recipients under this paragraph, the
Administrator shall select recipients that are
best able to address urgent and challenging
issues that threaten the ecological and
economic well-being of coastal areas. Such
issues shall include--
(i) extensive seagrass habitat losses
resulting in significant impacts on
fisheries and water quality;
(ii) recurring harmful algae blooms;
(iii) unusual marine mammal
mortalities;
(iv) invasive exotic species that may
threaten wastewater systems and cause
other damage;
(v) jellyfish proliferation limiting
community access to water during peak
tourism seasons;
(vi) flooding that may be related to
sea level rise or wetland degradation
or loss; and
(vii) low dissolved oxygen conditions
in estuarine waters and related
nutrient management.
(h) Grant Reporting.--Any person (including a State,
interstate, or regional agency or entity) that receives a grant
under subsection (g) shall report to the Administrator not
later than 18 months after receipt of such grants and
biennially thereafter on the progress being made under this
section.
[(i) Authorization of Appropriations.--There are authorized
to be appropriated to the Administrator not to exceed
$35,000,000 for each of fiscal years 2001 through 2010 for--
[(1) expenses related to the administration of
management conferences under this section, not to
exceed 10 percent of the amount appropriated under this
subsection;
[(2) making grants under subsection (g); and
[(3) 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.
The Administrator shall provide up to $5,000,000 per fiscal
year of the sums authorized to be appropriated under this
subsection to the Administrator of the National Oceanic and
Atmospheric Administration to carry out subsection (j).]
(i) Authorization of Appropriations.--
(1) In general.--There is authorized to be
appropriated to the Administrator $27,000,000 for each
of fiscal years 2016 through 2020 for--
(A) expenses relating to the administration
of grants or awards by the Administrator under
this section, including the award and oversight
of grants and awards, except that such expenses
may not exceed 5 percent of the amount
appropriated under this subsection for a fiscal
year; and
(B) making grants and awards under subsection
(g).
(2) Allocations.--
(A) Conservation and management plans.--Not
less than 80 percent of the amount made
available under this subsection for a fiscal
year shall be used by the Administrator for the
development, implementation, and monitoring of
each of the conservation and management plans
eligible for grant assistance under subsection
(g)(2).
(B) Competitive awards.--Not less than 15
percent of the amount made available under this
subsection for a fiscal year shall be used by
the Administrator for making competitive awards
described in subsection (g)(4).
(j) Research.--
(1) Programs.--In order to determine the need to
convene a management conference under this section or
at the request of such a management conference, the
Administrator shall coordinate and implement, through
the National Marine Pollution Program Office and the
National Marine Fisheries Service of the National
Oceanic and Atmospheric Administration, as appropriate,
for one or more estuarine zones--
(A) a long-term program of trend assessment
monitoring measuring variations in pollutant
concentrations, marine ecology, and other
physical or biological environmental parameters
which may affect estuarine zones, to provide
the Administrator the capacity to determine the
potential and actual effects of alternative
management strategies and measures;
(B) a program of ecosystem assessment
assisting in the development of (i) baseline
studies which determine the state of estuarine
zones and the effects of natural and
anthropogenic changes, and (ii) predictive
models capable of translating information on
specific discharges or general pollutant
loadings within estuarine zones into a set of
probable effects on such zones;
(C) a comprehensive water quality sampling
program for the continuous monitoring of
nutrients, chlorine, acid precipitation
dissolved oxygen, and potentially toxic
pollutants (including organic chemicals and
metals) in estuarine zones, after consultation
with interested State, local, interstate, or
international agencies and review and analysis
of all environmental sampling data presently
collected from estuarine zones; and
(D) a program of research to identify the
movements of nutrients, sediments and
pollutants through estuarine zones and the
impact of nutrients, sediments, and pollutants
on water quality, the ecosystem, and designated
or potential uses of the estuarine zones.
(2) Reports.--The Administrator, in cooperation with
the Administrator of the National Oceanic and
Atmospheric Administration, shall submit to the
Congress no less often than biennially a comprehensive
report on the activities authorized under this
subsection including--
(A) a listing of priority monitoring and
research needs;
(B) an assessment of the state and health of
the Nation's estuarine zones, to the extent
evaluated under this subsection;
(C) a discussion of pollution problems and
trends in pollutant concentrations with a
direct or indirect effect on water quality, the
ecosystem, and designated or potential uses of
each estuarine zone, to the extent evaluated
under this subsection; and
(D) an evaluation of pollution abatement
activities and management measures so far
implemented to determine the degree of
improvement toward the objectives expressed in
subsection (b)(4) of this section.
(k) Definitions.--For purposes of this section, the terms
``estuary'' and ``estuarine zone'' have the meanings such terms
have in section 104(n)(4) of this Act, except that the term
``estuarine zone'' shall also include associated aquatic
ecosystems and those portions of tributaries draining into the
estuary up to the historic height of migration of anadromous
fish or the historic head of tidal influence, whichever is
higher.
* * * * * * *
[all]