| Home > 106th Congressional Bills > S. 835 (es) 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. [Engrossed in Senate] ...
S. 835 (es) 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. [Engrossed in Senate] ...
S.835 One Hundred Sixth Congress of the United States of America AT THE SECOND SESSION Begun and held at the City of Washington on Monday, the twenty-fourth day of January, two thousand 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. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Estuaries and Clean Waters Act of 2000''. (b) Table of Contents.-- 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. Estuary habitat restoration strategy. Sec. 107. Monitoring of estuary habitat restoration projects. Sec. 108. Reporting. Sec. 109. Funding. Sec. 110. General provisions. TITLE II--CHESAPEAKE BAY RESTORATION Sec. 201. Short title. Sec. 202. Findings and purposes. Sec. 203. Chesapeake Bay. TITLE III--NATIONAL ESTUARY PROGRAM Sec. 301. Addition to national estuary program. Sec. 302. Grants. Sec. 303. Authorization of appropriations. TITLE IV--LONG ISLAND SOUND RESTORATION Sec. 401. Short title. Sec. 402. Innovative methodologies and technologies. Sec. 403. Assistance for distressed communities. Sec. 404. Authorization of appropriations. TITLE V--LAKE PONTCHARTRAIN BASIN RESTORATION Sec. 501. Short title. Sec. 502. Lake Pontchartrain basin. TITLE VI--ALTERNATIVE WATER SOURCES Sec. 601. Short title. Sec. 602. Pilot program for alternative water source projects. TITLE VII--CLEAN LAKES Sec. 701. Grants to States. Sec. 702. Demonstration program. TITLE VIII--TIJUANA RIVER VALLEY ESTUARY AND BEACH CLEANUP Sec. 801. Short title. Sec. 802. Purpose. Sec. 803. Definitions. Sec. 804. Actions to be taken by the Commission and the Administrator. Sec. 805. Negotiation of new treaty minute. Sec. 806. Authorization of appropriations. TITLE IX--GENERAL PROVISIONS Sec. 901. Purchase of American-made equipment and products. Sec. 902. Long-term estuary assessment. Sec. 903. Rural sanitation grants. 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 through the use of the environmental technology innovation program associated with the National Estuarine Research Reserve System established by section 315 of the Coastal Zone Management Act of 1972 (16 U.S.C. 1461) to ensure that estuary habitat restoration efforts are based on sound scientific understanding and innovative technologies. 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, including the area located in the Great Lakes biogeographic region and designated as a National Estuarine Research Reserve under the Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.) as of the date of enactment of this Act. (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). (7) 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). (8) 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(f)(2), a nongovernmental organization. (9) Secretary.--The term ``Secretary'' means the Secretary of the Army. (10) 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) Selection of Projects.-- (1) In general.--The Secretary shall select estuary habitat restoration projects from a list of project proposals submitted by the Estuary Habitat Restoration Council under section 105(b). (2) Required elements.--Each estuary habitat restoration project selected by the Secretary must-- (A) address restoration needs identified in an estuary habitat restoration plan; (B) be consistent with the estuary habitat restoration strategy developed under section 106; (C) include a monitoring plan that is consistent with standards for monitoring developed under section 107 to ensure that short-term and long-term restoration goals are achieved; and (D) 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 items of local cooperation and properly maintain the project. (3) Factors for selection of projects.--In selecting an estuary habitat restoration project, the Secretary shall consider the following factors: (A) Whether the project is part of an approved Federal estuary management or habitat restoration plan. (B) The technical feasibility of the project. (C) The scientific merit of the project. (D) Whether the project will encourage increased coordination and cooperation among Federal, State, and local government agencies. (E) 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. (F) Whether the project is cost-effective. (G) 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. (H) Other factors that the Secretary determines to be reasonable and necessary for consideration. (4) 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 (3)-- (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 of or a demonstration of an innovative technology having the potential for improved cost-effectiveness in estuary habitat restoration. (d) Cost Sharing.-- (1) Federal share.--Except as provided in paragraph (2) and subsection (e)(2), the Federal share of the cost of an estuary habitat restoration project (other than the cost of operation and maintenance of the project) carried out under this title shall not exceed 65 percent of such cost. (2) Innovative technology costs.--The Federal share of the incremental additional cost of including in a project pilot testing of or a demonstration of an innovative technology described in subsection (c)(4)(B) shall be 85 percent. (3) 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. (4) Operation and maintenance.--The non-Federal interests shall be responsible for all costs associated with operating, maintaining, replacing, repairing, and rehabilitating all projects carried out under this section. (e) Interim Actions.-- (1) In general.--Pending completion of the estuary habitat restoration strategy to be developed under section 106, the
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