Home > 106th Congressional Bills > S. 835 (enr) To encourage the restoration of estuary habitat through more efficient project financing and enhanced coordination of Federal and non-Federal restoration programs, and for other purposes. [Enrolled bill] ...

S. 835 (enr) To encourage the restoration of estuary habitat through more efficient project financing and enhanced coordination of Federal and non-Federal restoration programs, and for other purposes. [Enrolled bill] ...


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                In the House of Representatives, U. S.,

                                                    September 12, 2000.

    Resolved, That the bill from the Senate (S. 835) entitled ``An Act to 
encourage the restoration of estuary habitat through more efficient project 
financing and enhanced coordination of Federal and non-Federal restoration 
programs, and for other purposes'', do pass with the following

                               AMENDMENT:

            Strike out all after the enacting clause and insert:

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Clean Waters and 
Bays Act of 2000''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.

                      TITLE I--ESTUARY RESTORATION

Sec. 101. Short title.
Sec. 102. Purposes.
Sec. 103. Definitions.
Sec. 104. Estuary habitat restoration program.
Sec. 105. Establishment of Estuary Habitat Restoration Council.
Sec. 106. Advisory board.
Sec. 107. Estuary habitat restoration strategy.
Sec. 108. Monitoring of estuary habitat restoration projects.
Sec. 109. Reporting.
Sec. 110. Funding.
Sec. 111. General provisions.

                  TITLE II--CHESAPEAKE BAY RESTORATION

Sec. 201. Short title.
Sec. 202. Findings and purposes.
Sec. 203. Chesapeake Bay.
Sec. 204. Sense of the Congress; requirement regarding notice.

                  TITLE III--NATIONAL ESTUARY PROGRAM.

Sec. 301. Additions to national estuary program.
Sec. 302. Grants.
Sec. 303. Authorization of appropriations.

                  TITLE IV--FLORIDA KEYS WATER QUALITY

Sec. 401. Short title.
Sec. 402. Florida Keys water quality improvements.
Sec. 403. Sense of the Congress; requirement regarding notice.

                 TITLE V--LONG ISLAND SOUND RESTORATION

Sec. 501. Short title.
Sec. 502. Nitrogen credit trading system and other measures.
Sec. 503. Assistance for distressed communities.
Sec. 504. Reauthorization of appropriations.

             TITLE VI--LAKE PONTCHARTRAIN BASIN RESTORATION

Sec. 601. Short title.
Sec. 602. National estuary program.
Sec. 603. Lake Pontchartrain Basin.
Sec. 604. Sense of the Congress.

                  TITLE VII--ALTERNATIVE WATER SOURCES

Sec. 701. Short title.
Sec. 702. Grants for alternative water source projects.
Sec. 703. Sense of the Congress; requirement regarding notice.

                        TITLE VIII--CLEAN LAKES

Sec. 801. Grants to States.
Sec. 802. Demonstration program.
Sec. 803. Sense of the Congress; requirement regarding notice.

                TITLE IX--MISSISSIPPI SOUND RESTORATION

Sec. 901. Short title.
Sec. 902. National estuary program.
Sec. 903. Mississippi Sound.
Sec. 904. Sense of the Congress.

        TITLE X--TIJUANA RIVER VALLEY ESTUARY AND BEACH CLEANUP

Sec. 1001. Short title.
Sec. 1002. Purpose.
Sec. 1003. Definitions.
Sec. 1004. Actions to be taken by the Commission and the Administrator.
Sec. 1005. Negotiation of new treaty minute.
Sec. 1006. Authorization of appropriations.

                      TITLE I--ESTUARY RESTORATION

SEC. 101. SHORT TITLE.

    This title may be cited as the ``Estuary Restoration Act of 2000''.

SEC. 102. PURPOSES.

    The purposes of this title are--
            (1) to promote the restoration of estuary habitat;
            (2) to develop a national estuary habitat restoration 
        strategy for creating and maintaining effective estuary habitat 
        restoration partnerships among public agencies at all levels of 
        government and to establish new partnerships between the public 
        and private sectors;
            (3) to provide Federal assistance for estuary habitat 
        restoration projects and to promote efficient financing of such 
        projects; and
            (4) to develop and enhance monitoring and research 
        capabilities to ensure that estuary habitat restoration efforts 
        are based on sound scientific understanding and to create a 
        national database of estuary habitat restoration information.

SEC. 103. DEFINITIONS.

    In this title, the following definitions apply:
            (1) Council.--The term ``Council'' means the Estuary 
        Habitat Restoration Council established by section 105.
            (2) Estuary.--The term ``estuary'' means a part of a river 
        or stream or other body of water that has an unimpaired 
        connection with the open sea and where the sea water is 
        measurably diluted with fresh water derived from land drainage. 
        The term also includes near coastal waters and wetlands of the 
        Great Lakes that are similar in form and function to estuaries.
            (3) Estuary habitat.--The term ``estuary habitat'' means 
        the physical, biological, and chemical elements associated with 
        an estuary, including the complex of physical and hydrologic 
        features and living organisms within the estuary and associated 
        ecosystems.
            (4) Estuary habitat restoration activity.--
                    (A) In general.--The term ``estuary habitat 
                restoration activity'' means an activity that results 
                in improving degraded estuaries or estuary habitat or 
                creating estuary habitat (including both physical and 
                functional restoration), with the goal of attaining a 
                self-sustaining system integrated into the surrounding 
                landscape.
                    (B) Included activities.--The term ``estuary 
                habitat restoration activity'' includes--
                            (i) the reestablishment of chemical, 
                        physical, hydrologic, and biological features 
                        and components associated with an estuary;
                            (ii) except as provided in subparagraph 
                        (C), the cleanup of pollution for the benefit 
                        of estuary habitat;
                            (iii) the control of nonnative and invasive 
                        species in the estuary;
                            (iv) the reintroduction of species native 
                        to the estuary, including through such means as 
                        planting or promoting natural succession;
                            (v) the construction of reefs to promote 
                        fish and shellfish production and to provide 
                        estuary habitat for living resources; and
                            (vi) other activities that improve estuary 
                        habitat.
                    (C) Excluded activities.--The term ``estuary 
                habitat restoration activity'' does not include an 
                activity that--
                            (i) constitutes mitigation required under 
                        any Federal or State law for the adverse 
                        effects of an activity regulated or otherwise 
                        governed by Federal or State law; or
                            (ii) constitutes restoration for natural 
                        resource damages required under any Federal or 
                        State law.
            (5) Estuary habitat restoration project.--The term 
        ``estuary habitat restoration project'' means a project to 
        carry out an estuary habitat restoration activity.
            (6) Estuary habitat restoration plan.--
                    (A) In general.--The term ``estuary habitat 
                restoration plan'' means any Federal or State plan for 
                restoration of degraded estuary habitat that was 
                developed with the substantial participation of 
                appropriate public and private stakeholders.
                    (B) Included plans and programs.--The term 
                ``estuary habitat restoration plan'' includes estuary 
                habitat restoration components of--
                            (i) a comprehensive conservation and 
                        management plan approved under section 320 of 
                        the Federal Water Pollution Control Act (33 
                        U.S.C. 1330);
                            (ii) a lakewide management plan or remedial 
                        action plan developed under section 118 of the 
                        Federal Water Pollution Control Act (33 U.S.C. 
                        1268);
                            (iii) a management plan approved under the 
                        Coastal Zone Management Act of 1972 (16 U.S.C. 
                        1451 et seq.); and
                            (iv) the interstate management plan 
                        developed pursuant to the Chesapeake Bay 
                        program under section 117 of the Federal Water 
                        Pollution Control Act (33 U.S.C. 1267).
            (8) Indian tribe.--The term ``Indian tribe'' has the 
        meaning given such term by section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 450b).
            (9) Non-federal interest.--The term ``non-federal 
        interest'' means a State, a political subdivision of a State, 
        an Indian tribe, a regional or interstate agency, or, as 
        provided in section 104(g)(2), a nongovernmental organization.
            (10) Secretary.--The term ``Secretary'' means the Secretary 
        of the Army.
            (11) State.--The term ``State'' means the States of 
        Alabama, Alaska, California, Connecticut, Delaware, Florida, 
        Georgia, Hawaii, Illinois, Indiana, Louisiana, Maine, Maryland, 
        Massachusetts, Michigan, Minnesota, Mississippi, New Hampshire, 
        New Jersey, New York, North Carolina, Ohio, Oregon, 
        Pennsylvania, Rhode Island, South Carolina, Texas, Virginia, 
        Washington, and Wisconsin, the District of Columbia, the 
        Commonwealth of Puerto Rico, the Commonwealth of the Northern 
        Mariana Islands, the United States Virgin Islands, American 
        Samoa, and Guam.

SEC. 104. ESTUARY HABITAT RESTORATION PROGRAM.

    (a) Establishment.--There is established an estuary habitat 
restoration program under which the Secretary may carry out estuary 
habitat restoration projects and provide technical assistance in 
accordance with the requirements of this title.
    (b) Origin of Projects.--A proposed estuary habitat restoration 
project shall originate from a non-Federal interest consistent with 
State or local laws.
    (c) Required Elements of Project Proposals.--To be eligible for the 
estuary habitat restoration program established under this title, each 
proposed estuary habitat restoration project must--
            (1) address restoration needs identified in an estuary 
        habitat restoration plan;
            (2) be consistent with the estuary habitat restoration 
        strategy developed under section 107;
            (3) be technically feasible;
            (4) include a monitoring plan that is consistent with 
        standards for monitoring developed under section 108 to ensure 
        that short-term and long-term restoration goals are achieved; 
        and
            (5) include satisfactory assurance from the non-Federal 
        interests proposing the project that the non-Federal interests 
        will have adequate personnel, funding, and authority to carry 
        out and properly maintain the project.
    (d) Selection of Projects.--
            (1) In general.--The Secretary, after considering the 
        advice and recommendations of the Council, shall select estuary 
        habitat restoration projects taking into account the following 
        factors:
                    (A) The scientific merit of the project.
                    (B) Whether the project will encourage increased 
                coordination and cooperation among Federal, State, and 
                local government agencies.
                    (C) Whether the project fosters public-private 
                partnerships and uses Federal resources to encourage 
                increased private sector involvement, including 
                consideration of the amount of private funds or in-kind 
                contributions for an estuary habitat restoration 
                activity.
                    (D) Whether the project is cost-effective.
                    (E) Whether the State in which the non-Federal 
                interest is proposing the project has a dedicated 
                source of funding to acquire or restore estuary 
                habitat, natural areas, and open spaces for the benefit 
                of estuary habitat restoration or protection.
                    (F) Other factors that the Secretary determines to 
                be reasonable and necessary for consideration.
            (2) Priority.--In selecting estuary habitat restoration 
        projects to be carried out under this title, the Secretary 
        shall give priority consideration to a project if, in addition 
        to meriting selection based on the factors under paragraph 
        (1)--
                    (A) the project occurs within a watershed in which 
                there is a program being carried out that addresses 
                sources of pollution and other activities that 
                otherwise would re-impair the restored habitat; or
                    (B) the project includes pilot testing or a 
                demonstration of an innovative technology having the 
                potential for improved cost-effectiveness in estuary 
                habitat restoration.
    (e) Cost Sharing.--
            (1) Federal share.--The Federal share of the cost of an 
        estuary habitat restoration project carried out under this 
        title shall not exceed 65 percent of such cost.
            (2) Non-federal share.--The non-Federal share of the cost 
        of an estuary habitat restoration project carried out under 
        this title shall include lands, easements, rights-of-way, and 
        relocations and may include services, or any other form of in-
        kind contribution determined by the Secretary to be an 
        appropriate contribution equivalent to the monetary amount 
        required for the non-Federal share of the activity.
    (f) Interim Actions.--
            (1) In general.--Pending completion of the estuary habitat 
        restoration strategy to be developed under section 107, the 
        Secretary may take interim actions to carry out an estuary 
        habitat restoration activity.
            (2) Federal share.--The Federal share of the cost of an 
        estuary habitat restoration activity before the completion of 
        the estuary habitat restoration strategy shall not exceed 25 

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