| Home > 106th Congressional Bills > S. 835 (is) 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. [Introduced in Senate] ...
S. 835 (is) 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. [Introduced in Senate] ...
106th CONGRESS 2d Session S. 835 _______________________________________________________________________ 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 ``Estuary Habitat and Chesapeake Bay Restoration Act of 2000''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--ESTUARY HABITAT RESTORATION Sec. 101. Short title. Sec. 102. Findings. Sec. 103. Purposes. Sec. 104. Definitions. Sec. 105. Establishment of Collaborative Council. Sec. 106. Duties of Collaborative Council. Sec. 107. Cost sharing of estuary habitat restoration projects. Sec. 108. Monitoring and maintenance of estuary habitat restoration projects. Sec. 109. Cooperative agreements; memoranda of understanding. Sec. 110. Distribution of appropriations for estuary habitat restoration activities. Sec. 111. Authorization of appropriations. Sec. 112. National estuary program. Sec. 113. General provisions. TITLE II--CHESAPEAKE BAY RESTORATION Sec. 201. Short title. Sec. 202. Findings and purposes. Sec. 203. Chesapeake Bay restoration. TITLE III--LONG ISLAND SOUND Sec. 301. Reauthorization. TITLE I--ESTUARY HABITAT RESTORATION SEC. 101. SHORT TITLE. This title may be cited as the ``Estuary Habitat Restoration Partnership Act of 2000''. SEC. 102. FINDINGS. Congress finds that-- (1) estuaries provide some of the most ecologically and economically productive habitat for an extensive variety of plants, fish, wildlife, and waterfowl; (2) the estuaries and coastal regions of the United States are home to one-half the population of the United States and provide essential habitat for 75 percent of the commercial fish and 80 to 90 percent of the recreational fish catches of the United States; (3) estuaries are gravely threatened by habitat alteration and loss from pollution, development, and overuse; (4) successful restoration of estuaries demands the coordination of Federal, State, and local estuary habitat restoration programs; and (5) the Federal, State, local, and private cooperation in estuary habitat restoration activities in existence on the date of enactment of this Act should be strengthened and new public and public-private estuary habitat restoration partnerships established. SEC. 103. PURPOSES. The purposes of this Act are-- (1) to establish a voluntary program to restore 1,000,000 acres of estuary habitat by 2010; (2) to ensure coordination of Federal, State, and community estuary habitat restoration programs, plans, and studies; (3) to establish effective estuary habitat restoration partnerships among public agencies at all levels of government and between the public and private sectors; (4) to promote efficient financing of estuary habitat restoration activities; and (5) to develop and enhance monitoring and research capabilities, through 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 restoration efforts are based on sound scientific understanding and innovative technologies. SEC. 104. DEFINITIONS. In this title: (1) Collaborative council.--The term ``Collaborative Council'' means the interagency council established by section 105. (2) Degraded estuary habitat.--The term ``degraded estuary habitat'' means estuary habitat where natural ecological functions have been impaired and normal beneficial uses have been reduced. (3) Estuary.--The term ``estuary'' means-- (A) a body of water in which fresh water from a river or stream meets and mixes with salt water from the ocean, 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; and (B) the physical, biological, and chemical elements associated with such a body of water. (4) Estuary habitat.-- (A) In general.--The term ``estuary habitat'' means the complex of physical and hydrologic features and living organisms within estuaries and associated ecosystems. (B) Inclusions.--The term ``estuary habitat'' includes salt and fresh water coastal marshes, coastal forested wetlands and other coastal wetlands, maritime forests, coastal grasslands, tidal flats, natural shoreline areas, shellfish beds, sea grass meadows, kelp beds, river deltas, and river and stream banks under tidal influence. (5) Estuary habitat restoration activity.-- (A) In general.--The term ``estuary habitat restoration activity'' means an activity that results in improving degraded 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 physical features and biological and hydrologic functions; (ii) except as provided in subparagraph (C)(ii), the cleanup of contamination related to the restoration of estuary habitat; (iii) the control of non-native and invasive species; (iv) the reintroduction of native species through planting or natural succession; and (v) other activities that improve estuary habitat. (C) Excluded activities.--The term ``estuary habitat restoration activity'' does not include-- (i) an act that constitutes mitigation for the adverse effects of an activity regulated or otherwise governed by Federal or State law; or (ii) an act that constitutes restitution for natural resource damages required under any Federal or State law. (6) Estuary habitat restoration project.--The term ``estuary habitat restoration project'' means an estuary habitat restoration activity under consideration or selected by the Collaborative Council, in accordance with this title, to receive financial, technical, or another form of assistance. (7) Estuary habitat restoration strategy.--The term ``estuary habitat restoration strategy'' means the estuary habitat restoration strategy developed under section 106(a). (8) Federal estuary management or habitat restoration plan.--The term ``Federal estuary management or habitat restoration plan'' means any Federal plan for restoration of degraded estuary habitat that-- (A) was developed by a public body with the substantial participation of appropriate public and private stakeholders; and (B) reflects a community-based planning process. (9) Secretary.--The term ``Secretary'' means the Secretary of the Army, or a designee. (10) Under secretary.--The term ``Under Secretary'' means the Under Secretary for Oceans and Atmosphere of the Department of Commerce, or a designee. SEC. 105. ESTABLISHMENT OF COLLABORATIVE COUNCIL. (a) Collaborative Council.--There is established an interagency council to be known as the ``Estuary Habitat Restoration Collaborative Council''. (b) Membership.-- (1) In general.--The Collaborative Council shall be composed of the Secretary, the Under Secretary, the Administrator of the Environmental Protection Agency, and the Secretary of the Interior (acting through the Director of the United States Fish and Wildlife Service), or their designees. (2) Chairperson; lead agency.--The Secretary, or designee, shall chair the Collaborative Council, and the Department of the Army shall serve as the lead agency. (c) Convening of Collaborative Council.--The Secretary shall-- (1) convene the first meeting of the Collaborative Council not later than 30 days after the date of enactment of this Act; and (2) convene additional meetings as often as appropriate to ensure that this title is fully carried out, but not less often than quarterly. (d) Collaborative Council Procedures.-- (1) Quorum.--Three members of the Collaborative Council shall constitute a quorum. (2) Voting and meeting procedures.--The Collaborative Council shall establish procedures for voting and the conduct of meetings by the Council. SEC. 106. DUTIES OF COLLABORATIVE COUNCIL. (a) Estuary Habitat Restoration Strategy.-- (1) In general.--Not later than 1 year after the date of enactment of this Act, the Collaborative Council, in consultation with non-Federal participants, including nonprofit sectors, as appropriate, shall develop an estuary habitat restoration strategy designed to ensure a comprehensive approach to the selection and prioritization of estuary habitat restoration projects and the coordination of Federal and non- Federal activities related to restoration of estuary habitat. (2) Integration of previously authorized estuary habitat restoration plans, programs, and partnerships.--In developing the estuary habitat restoration strategy, the Collaborative Council shall-- (A) conduct a review of-- (i) Federal estuary management or habitat restoration plans; and (ii) Federal programs established under other law that provide funding for estuary habitat restoration activities; (B) develop a set of proposals for-- (i) using programs established under this Act or any other Act to maximize the incentives for the creation of new public-private partnerships to carry out estuary habitat restoration projects; and (ii) using Federal resources to encourage increased private sector involvement in estuary habitat restoration activities; and (C) ensure that the estuary habitat restoration strategy is developed and will be implemented in a manner that is consistent with the findings and requirements of Federal estuary management or habitat restoration plans. (3) Elements to be considered.--Consistent with the requirements of this section, the Collaborative Council, in the development of the estuary habitat restoration strategy, shall consider-- (A) the contributions of estuary habitat to-- (i) wildlife, including endangered and threatened species, migratory birds, and resident species of an estuary watershed; (ii) fish and shellfish, including commercial and sport fisheries; (iii) surface and ground water quality and quantity, and flood control; (iv) outdoor recreation; and (v) other areas of concern that the Collaborative Council determines to be appropriate for consideration; (B) the estimated historic losses, estimated current rate of loss, and extent of the threat of future loss or degradation of each type of estuary habitat; and (C) the most appropriate method for selecting a balance of smaller and larger estuary habitat restoration projects. (4) Advice.--The Collaborative Council shall seek advice in restoration of estuary habitat from experts in the private and nonprofit sectors to assist in the development of an estuary habitat restoration strategy. (5) Public review and comment.--Before adopting a final estuary habitat restoration strategy, the Collaborative Council shall publish in the Federal Register a draft of the estuary habitat restoration strategy and provide an opportunity for public review and comment. (b) Project Applications.-- (1) In general.--An application for an estuary habitat restoration project shall originate from a non-Federal
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