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] ...

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                       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,


    (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.


Sec. 201. Short title.
Sec. 202. Findings and purposes.
Sec. 203. Chesapeake Bay.


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


Sec. 401. Short title.
Sec. 402. Innovative methodologies and technologies.
Sec. 403. Assistance for distressed communities.
Sec. 404. Authorization of appropriations.


Sec. 501. Short title.
Sec. 502. Lake Pontchartrain basin.


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.


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


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


    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 
        (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 


    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 
            (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.


    (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; 
            (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 
        (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 
            (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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