[Congressional Record Volume 143, Number 131 (Friday, September 26, 1997)]
[Senate]
[Pages S10095-S10097]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]
[[Page S10095]]
ESTUARY HABITAT RESTORATION PARTNERSHIP ACT OF 1997
Mr. CHAFEE. Mr. President, yesterday I introduced S. 1222. I
ask that the text of the bill be printed in the Record.
The text of the bill follows:
S. 1222
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Estuary Habitat Restoration
Partnership Act of 1997''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the estuaries and coastal regions of the United States
are home to half the population of the United States;
(2) the traditions, economy, and quality of life of many
communities depend on the natural abundance and health of the
estuaries;
(3) approximately 75 percent of the commercial fish and
shellfish of the United States depend on estuaries at some
stage in their life cycle;
(4) the varied habitats of estuaries and other coastal
waters provide jobs to 28,000,000 United States citizens in
commercial and sport fishing, tourism, recreation, and other
industries, with fishing alone contributing $111,000,000,000
to the United States economy each year;
(5) despite the many values of estuaries, estuaries are
gravely threatened by estuary habitat alteration and loss;
(6) the accumulated loss of estuary habitat, reaching over
90 percent in some estuaries, threatens the ecological and
economic bounty of regions experiencing the loss, and can be
reversed only by action to restore lost and degraded estuary
habitat;
(7) the demands on Federal, State, and local funding for
estuary habitat restoration activities exceed available
resources and prompt serious concerns about the ability of
the United States to restore estuary habitat vital to efforts
to restore, preserve, and protect the health of estuaries;
(8) successful restoration of estuaries demands the full
coordination of Federal and State estuary habitat restoration
programs;
(9) to succeed in restoring estuaries, it is important to
link estuary habitat restoration projects to broader
ecosystem planning in order to establish restoration programs
that are effective in the long term;
(10) efficient leveraging of scarce public resources and
new and innovative market-based funding for estuary habitat
restoration activities would generate real returns on
investments for communities through improvement of the
vibrancy and health of estuaries;
(11) the Federal, State, 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; and
(12) such new partnerships would help ensure the ecological
and economic vibrancy of estuaries for the benefit of future
generations.
SEC. 3. PURPOSES.
The purposes of this Act are--
(1) to establish a voluntary, community-driven, incentive-
based program that will catalyze the restoration of 1,000,000
acres of estuary habitat by 2010;
(2) to encourage enhanced coordination and leveraging 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 to help better leverage limited
Federal funding; and
(5) to develop and enhance monitoring and maintenance
capabilities designed to ensure that restoration efforts
build on the successes of past and current efforts and
scientific understanding.
SEC. 4. DEFINITIONS.
In this Act:
(1) Collaborative council.--The term ``Collaborative
Council'' means the interagency council established by
section 5.
(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; 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, 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, ecologically based 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;
(iii) the control of nonnative and invasive species;
(iv) the reintroduction of native or ecologically
beneficial 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 satisfaction of liability for
natural resource damages 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 Act, 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 6(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) Person.--The term ``person'' includes an entity of a
Federal, State, or local government, an Indian tribe, an
entity organized or existing under the law of a State, and a
nongovernmental organization.
(10) Secretary.--The term ``Secretary'' means the Secretary
of the Army, or a designee.
(11) Under secretary.--The term ``Under Secretary'' means
the Under Secretary for Oceans and Atmosphere of the
Department of Commerce, or a designee.
SEC. 5. 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.--The Collaborative Council shall be
composed of the Secretary, the Under Secretary, the
Administrator of the Environmental Protection Agency, the
Secretary of the Interior (acting through the Director of the
United States Fish and Wildlife Service), the Secretary of
Agriculture, and the Secretary of Transportation, or their
designees.
(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 Act 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. 6. DUTIES OF COLLABORATIVE COUNCIL.
(a) Estuary Habitat Restoration Strategy.--
(1) In general.--
(A) Development.--Not later than 1 year after the date of
enactment of this Act, the Collaborative Council, in
consultation with representatives from coastal States and
nonprofit organizations with expertise in estuary habitat
restoration, 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 full coordination of Federal and non-Federal
activities related to restoration of estuary habitat.
(B) Provision of national framework.--The estuary habitat
restoration strategy shall provide a national framework for
estuary habitat restoration activities by--
(i) identifying existing estuary habitat restoration plans;
(ii) integrating overlapping estuary habitat restoration
plans; and
(iii) identifying appropriate processes for the development
of estuary habitat restoration plans where needed.
(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
[[Page S10096]]
(ii) Federal programs established under other law that
provide funding for estuary habitat restoration activities;
(B) develop, based on best management practices, a
framework for fully coordinating and streamlining the
activities of the Federal plans and programs referred to in
subparagraph (A);
(C) develop a set of proposals for--
(i) using programs established under this 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) leveraging Federal resources to encourage increased
private sector involvement in estuary habitat restoration
activities; and
(D) 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;
(C) the most appropriate method for selecting estuary
habitat restoration projects essential to--
(i) the proper protection and preservation of an estuary
ecosystem;
(ii) the implementation of a Federal estuary management or
habitat restoration plan; or
(iii) the selection by the Collaborative Council of an
appropriate balance of smaller and larger estuary habitat
restoration projects; and
(D) procedures to minimize duplicative and conflicting
application requirements for public and private landowners
seeking assistance for estuary habitat restoration
activities.
(4) Community advice.--The Collaborative Council shall seek
the advice of experts in restoration of estuary habitat from
the private, including 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) Establishment of Project Application and Selection
Criteria.--
(1) In general.--Consistent with the other provisions of
this section, the Collaborative Council shall establish--
(A) application procedures to be followed by States and
other non-Federal persons to nominate estuary habitat
restoration activities for consideration by the Collaborative
Council for assistance under this Act;
(B) criteria for determining eligibility for financial
assistance under this Act for an estuary habitat restoration
project;
(C) application procedures and criteria for granting a
reduction in the minimum non-Federal share requirement, in
accordance with section 7(d)(2); and
(D) such other criteria as the Collaborative Council
determines to be reasonable and necessary in carrying out
this Act.
(2) Proposals.--A proposal for an estuary habitat
restoration project shall originate from a non-Federal person
and shall require, when appropriate, the approval of State or
local agencies.
(3) Factors to be taken into account.--The criteria
established under paragraph (1) shall provide for the
consideration of the following factors in determining the
eligibility of an estuary habitat restoration project for
financial assistance under this Act and in prioritizing the
selection of estuary habitat restoration projects by the
Collaborative Council:
(A) Whether the proposed estuary habitat restoration
project meets the criteria specified in the estuary habitat
restoration strategy.
(B) The technical merit and feasibility of the proposed
estuary habitat restoration project.
(C) Whether the non-Federal persons proposing the estuary
habitat restoration project can provide satisfactory
assurances that they will have adequate personnel, funding,
and authority to carry out and properly maintain the estuary
habitat restoration project.
(D) Whether, in the State in which a proposed estuary
habitat restoration project is to be carried out, there is a
State dedicated source of funding for programs to acquire or
restore estuary habitat, natural areas, and open spaces.
(E) Whether the proposed estuary habitat restoration
project will encourage the increased coordination and
cooperation of Federal, State, and local Government agencies.
(F) The level of private matching fund or in-kind
contributions to the estuary habitat restoration project.
(G) Whether the proposed habitat restoration project
includes a monitoring plan to ensure that short-term and
long-term restoration goals are achieved.
(H) Other factors that the Collaborative Council determines
to be reasonable and necessary for consideration.
(4) Priority estuary habitat restoration projects.--
(A) Designation.--The Collaborative Council may designate
an estuary habitat restoration project as a priority estuary
habitat restoration project if, in addition to meeting the
selection criteria specified in this section--
(i) the estuary habitat restoration project addresses a
restoration goal identified in the estuary habitat
restoration strategy;
(ii) the estuary habitat restoration project is part of an
approved Federal estuary management or habitat restoration
plan;
(iii) the non-Federal share with respect to the estuary
habitat restoration project exceeds 50 percent; or
(iv) there is a nonpoint source program upstream of the
estuary habitat restoration project that addresses upstream
sources that would otherwise re-impair the restored habitat.
(B) Effect of designation.--A priority estuary habitat
restoration project shall be given a higher priority in
receipt of funding under this Act.
(c) Interim Actions.--
(1) In general.--Pending completion of the estuary habitat
restoration strategy developed under subsection (a), the
Collaborative Council may pay the Federal share of the cost
of an interim action to carry out an estuary habitat
restoration activity.
(2) Federal share.--The Federal share shall not exceed 25
percent.
(d) Cooperation of Non-Federal Partners.--
(1) In general.--The Collaborative Council shall not select
an estuary habitat restoration project until each non-Federal
interest has entered into a written cooperation agreement in
accordance with section 221(a) of the Flood Control Act of
1970 (42 U.S.C. 1962d-5b(a)).
(2) Maintenance and monitoring.--A cooperation agreement
entered into under paragraph (1) shall provide for
maintenance and monitoring of the estuary habitat restoration
project to the extent determined necessary by the
Collaborative Council.
(e) Lead Collaborative Council Member.--The Collaborative
Council shall designate a lead Collaborative Council member
for each proposed estuary habitat restoration project. The
lead Collaborative Council member shall have primary
responsibility for overseeing and assisting others in
implementing the proposed project.
(f) Agency Consultation and Coordination.--
(1) In general.--In carrying out this section, the
Collaborative Council shall consult with, cooperate with, and
coordinate its activities with the activities of other
appropriate Federal agencies, as determined by the
Collaborative Council.
(2) Use of coordinating mechanisms.--The Collaborative
Council shall work to ensure that Federal agency coordinating
and streamlining mechanisms established under other law are
fully used in cases in which the Collaborative Council
determines the use of the mechanisms to be appropriate.
(g) Benefits and Costs of Estuary Habitat Restoration
Projects.--The Collaborative Council shall evaluate the
benefits and costs of estuary habitat restoration projects in
accordance with section 907 of the Water Resources
Development Act of 1986 (33 U.S.C. 2284).
(h) Authorization of Appropriations.--There is authorized
to be appropriated to the Department of the Army for the
administration and operation of the Collaborative Council
$4,000,000 for each fiscal year.
SEC. 7. COST SHARING OF ESTUARY HABITAT RESTORATION PROJECTS.
(a) In General.--No financial assistance in carrying out an
estuary habitat restoration project shall be available under
this Act from any Federal agency unless the non-Federal
applicant for assistance demonstrates to the satisfaction of
the Collaborative Council that the estuary habitat
restoration project meets--
(1) the requirements of this Act; and
(2) any criteria established by the Collaborative Council
under this Act.
(b) Federal Share.--
(1) In general.--Except as provided in paragraph (2), for
each fiscal year, the Federal share of the cost of an estuary
habitat restoration project assisted under this Act shall be
not less than 25 percent and not more than 65 percent.
(2) Increased federal share.--In the case of an estuary
habitat restoration project with respect to which the
applicant demonstrates need under subsection (d)(2), the
Federal share of the cost of the project shall not exceed 75
percent.
(c) Payment of Federal Share Under Other Law.--The
Collaborative Council may use funds made available under this
Act to pay all or part of the Federal share of the cost of an
estuary habitat restoration activity eligible for funding
under a program established under another provision of law,
if the activity would also be eligible for funding under this
Act as an estuary habitat restoration project.
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(d) Non-Federal Share.--
(1) In-kind contributions.--The non-Federal share of the
cost of an estuary habitat restoration project may be
provided in the form of land, easements, rights-of-way,
services, or any other form of in-kind contribution
determined by the Collaborative Council to be an appropriate
contribution equivalent to the monetary amount required for
the non-Federal share of the estuary habitat restoration
project.
(2) Reduced non-federal share.--An applicant for assistance
in carrying out an estuary habitat restoration project may
submit an application for a reduction in the requirement of
the payment of a non-Federal share of at least 35 percent, if
the applicant submits a statement of need and demonstrates a
need for a reduced non-Federal share in accordance with
section 103(m) of the Water Resources Development Act of 1986
(33 U.S.C. 2213(m)).
(e) Allocation of Funds by States to Political
Subdivisions.--With the approval of the Secretary, a State
may allocate to any local government, area wide agency
designated under section 204 of the Demonstration Cities and
Metropolitan Development Act of 1966 (42 U.S.C. 3334),
regional agency, or interstate agency, a portion of any funds
disbursed by the Collaborative Council to the State for the
purpose of carrying out an estuary habitat restoration
project.
SEC. 8. MONITORING AND MAINTENANCE OF ESTUARY HABITAT
RESTORATION PROJECTS.
(a) Database of Restoration Project Information.--The Under
Secretary shall maintain an appropriate database of
information concerning estuary habitat restoration projects
funded by the Collaborative Council, including information on
project techniques, project completion, monitoring data, and
other relevant information.
(b) Report.--
(1) In general.--The Collaborative Council shall biennially
submit a report to the Committee on Environment and Public
Works of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives on the results
of activities carried out under this Act.
(2) Contents of report.--A report under paragraph (1) shall
include--
(A) data on the number of acres of estuary habitat restored
under this Act, including the number of projects approved and
completed that comprise those acres;
(B) the percentage of restored estuary habitat monitored
under a plan to ensure that short-term and long-term
restoration goals are achieved;
(C) an estimate of the long-term success of varying
restoration techniques used in carrying out estuary habitat
restoration projects;
(D) a review of how the Collaborative Council has
incorporated the information described in subparagraphs (A)
through (C) in the selection and implementation of estuary
habitat restoration projects;
(E) a review of efforts made by the Collaborative Council
to maintain an appropriate database of restoration projects
funded under this Act; and
(F) a review of the measures that the Collaborative Council
has taken to provide the information described in
subparagraphs (A) through (C) to persons with responsibility
for assisting in the restoration of estuary habitat.
SEC. 9. MEMORANDA OF UNDERSTANDING.
In carrying out this Act, the Collaborative Council may--
(1) enter into cooperative agreements with persons; and
(2) execute such memoranda of understanding as are
necessary to reflect the agreements.
SEC. 10. DISTRIBUTION OF APPROPRIATIONS FOR ESTUARY HABITAT
RESTORATION ACTIVITIES.
The Secretary shall allocate funds made available to carry
out this Act based on the need for the funds and such other
factors as the Collaborative Council determines to be
appropriate to carry out this Act.
SEC. 11. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorizations of Appropriations Under Other Law.--
Funds authorized to be appropriated under section 908 of the
Water Resources Development Act of 1986 (33 U.S.C. 2285) and
section 206 of the Water Resources Development Act of 1996
(33 U.S.C. 2330) may be used by the Secretary in accordance
with this Act to assist States and other non-Federal persons
in carrying out estuary habitat restoration projects or
interim actions under section 6(c).
(b) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary to carry out this Act--
(1) $40,000,000 for fiscal year 1999;
(2) $50,000,000 for fiscal year 2000; and
(3) $75,000,000 for each of fiscal years 2001 through 2003.
SEC. 12. GENERAL PROVISIONS.
(a) Additional Authority for Army Corps of Engineers.--The
Secretary--
(1) may carry out estuary habitat restoration projects as
determined by the Collaborative Council; and
(2) shall give estuary habitat restoration projects the
same consideration (as determined by the Collaborative
Council) as projects relating to irrigation, navigation, or
flood control.
(b) Inapplicability of Certain Law.--Sections 203, 204, and
205 of the Water Resources Development Act of 1986 (33 U.S.C.
2231, 2232, 2233) shall not apply to an estuary habitat
restoration project selected in accordance with this Act.
(c) Estuary Habitat Restoration Mission.--The Secretary
shall establish restoration of estuary habitat as a primary
mission of the Army Corps of Engineers.
(d) Federal Agency Facilities and Personnel.--
(1) In general.--Federal agencies may cooperate in carrying
out scientific and other programs necessary to carry out this
Act, and may provide facilities and personnel, for the
purpose of assisting the Collaborative Council in carrying
out its duties under this Act.
(2) Reimbursement from collaborative council.--Federal
agencies may accept reimbursement from the Collaborative
Council for providing services, facilities, and personnel
under paragraph (1).
(e) Collaborative Council Administrative Expenses and
Staffing.--Not later than 180 days after the date of
enactment of this Act, the Comptroller General of the United
States shall submit to Congress and the Secretary an analysis
of the extent to which the Collaborative Council needs
additional personnel and administrative resources to fully
carry out its duties under this Act. The analysis shall
include recommendations regarding necessary additional
funding.
(f) Application of and Consistency With Other Laws.--Except
as specifically provided in this Act--
(1) nothing in this Act supersedes or modifies any Federal
law in existence on the date of enactment of this Act; and
(2) each action by a Federal agency under this Act shall be
carried out in a manner that is consistent with such
law.
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