[House Report 106-995]
[From the U.S. Government Printing Office]
106th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 106-995
======================================================================
ESTUARIES AND CLEAN WATERS ACT OF 2000
_______
October 24, 2000.--Ordered to be printed
_______
Mr. Shuster, from the committee on conference, submitted the following
CONFERENCE REPORT
[To accompany S. 835]
The committee of conference on the disagreeing votes of
the two Houses on the amendment of the House to the bill (S.
835), 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, having met, after full and free conference, have
agreed to recommend and do recommend to their respective Houses
as follows:
That the Senate recede from its disagreement to the
amendment of the House and agree to the same with an amendment
as follows:
In lieu of the matter proposed to be inserted by the
House amendment, insert the following:
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 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 percent of such cost.
(f) Cooperation of Non-Federal Interests.--
(1) In general.--The Secretary may not carry out an
estuary habitat restoration project until a non-Federal
interest has entered into a written agreement with the
Secretary in which the non-Federal interest agrees to--
(A) provide all lands, easements, rights-
of-way, and relocations and any other elements
the Secretary determines appropriate under
subsection (d)(3); and
(B) provide for maintenance and monitoring
of the project.
(2) Nongovernmental organizations.--Notwithstanding
section 221(b) of the Flood Control Act of 1970 (42
U.S.C. 1962d-5b(b)), for any project to be undertaken
under this title, the Secretary, in consultation and
coordination with appropriate State and local
governmental agencies and Indian tribes, may allow a
nongovernmental organization to serve as the non-
Federal interest for the project.
(g) Delegation of Project Implementation.--In carrying out
this title, the Secretary may delegate project implementation
to another Federal department or agency on a reimbursable basis
if the Secretary, upon the recommendation of the Council,
determines such delegation is appropriate.
SEC. 105. ESTABLISHMENT OF ESTUARY HABITAT RESTORATION COUNCIL.
(a) Council.--There is established a council to be known as
the ``Estuary Habitat Restoration Council''.
(b) Duties.--The Council shall be responsible for--
(1) soliciting, reviewing, and evaluating project
proposals and developing recommendations concerning
such proposals based on the factors specified in
section 104(c)(3);
(2) submitting to the Secretary a list of
recommended projects, including a recommended priority
order and any recommendation as to whether a project
should be carried out by the Secretary or by another
Federal department or agency under section 104(g);
(3) developing and transmitting to Congress a
national strategy for restoration of estuary habitat;
(4) periodically reviewing the effectiveness of the
national strategy in meeting the purposes of this title
and, as necessary, updating the national strategy; and
(5) providing advice on the development of the
database, monitoring standards, and report required
under sections 107 and 108.
(c) Membership.--The Council shall be composed of the
following members:
(1) The Secretary (or the Secretary's designee).
(2) The Under Secretary for Oceans and Atmosphere
of the Department of Commerce (or the Under Secretary's
designee).
(3) The Administrator of the Environmental
Protection Agency (or the Administrator's designee).
(4) The Secretary of the Interior, acting through
the Director of the United States Fish and Wildlife
Service (or such Secretary's designee).
(5) The Secretary of Agriculture (or such
Secretary's designee).
(6) The head of any other Federal agency designated
by the President to serve as an ex officio member of
the Council.
(d) Prohibition of Compensation.--Members of the Council
may not receive compensation for their service as members of
the Council.
(e) Chairperson.--The chairperson shall be elected by the
Council from among its members for a 3-year term, except that
the first elected chairperson may serve a term of fewer than 3
years.
(f) Convening of Council.--
(1) First meeting.--The Secretary shall convene the
first meeting of the Council not later than 60 days
after the date of enactment of this Act for the purpose
of electing a chairperson.
(2) Additional meetings.--The chairperson shall
convene additional meetings of the Council as often as
appropriate to ensure that this title is fully carried
out, but not less often than annually.
(g) Council Procedures.--The Council shall establish
procedures for voting, the conduct of meetings, and other
matters, as necessary.
(h) Public Participation.--Meetings of the Council shall be
open to the public. The Council shall provide notice to the
public of such meetings.
(i) Advice.--The Council shall consult with persons with
recognized scientific expertise in estuary or estuary habitat
restoration, representatives of State agencies, local or
regional government agencies, and nongovernmental organizations
with expertise in estuary or estuary habitat restoration, and
representatives of Indian tribes, agricultural interests,
fishing interests, and other estuary users--
(A) to assist the Council in the
development of the estuary habitat restoration
strategy to be developed under section 106; and
(B) to provide advice and recommendations
to the Council on proposed estuary habitat
restoration projects, including advice on the
scientific merit, technical merit, and
feasibility of a project.
SEC. 106. ESTUARY HABITAT RESTORATION STRATEGY.
(a) In General.--Not later than 1 year after the date of
enactment of this Act, the Council, shall develop an estuary
habitat restoration strategy designed to ensure a comprehensive
approach to maximize benefits derived from estuary habitat
restoration projects and to foster the coordination of Federal
and non-Federal activities related to restoration of estuary
habitat.
(b) Goal.--The goal of the strategy shall be the
restoration of 1,000,000 acres of estuary habitat by the year
2010.
(c) Integration of Estuary Habitat Restoration Plans,
Programs, and Partnerships.--In developing the estuary habitat
restoration strategy, the Council shall--
(1) conduct a review of estuary management or
habitat restoration plans and Federal programs
established under other laws that authorize funding for
estuary habitat restoration activities; and
(2) ensure that the estuary habitat restoration
strategy is developed in a manner that is consistent
with the estuary management or habitat restoration
plans.
(d) Elements of the Strategy.--The estuary habitat
restoration strategy shall include proposals, methods, and
guidance on--
(1) maximizing the incentives for the creation of
new public-private partnerships to carry out estuary
habitat restoration projects and the use of Federal
resources to encourage increased private sector
involvement in estuary habitat restoration activities;
(2) ensuring that the estuary habitat restoration
strategy will be implemented in a manner that is
consistent with the estuary management or habitat
restoration plans;
(3) promoting estuary habitat restoration projects
to--
(A) provide healthy ecosystems in order to
support--
(i) wildlife, including endangered
and threatened species, migratory
birds, and resident species of an
estuary watershed; and
(ii) fish and shellfish, including
commercial and recreational fisheries;
(B) improve surface and ground water
quality and quantity, and flood control;
(C) provide outdoor recreation; and
(D) address other areas of concern that the
Council determines to be appropriate for
consideration;
(4) addressing 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;
(5) measuring the rate of change for each type of
estuary habitat;
(6) selecting a balance of smaller and larger
estuary habitat restoration projects; and
(7) ensuring equitable geographic distribution of
projects funded under this title.
(e) Public Review and Comment.--Before the Council adopts a
final or revised estuary habitat restoration strategy, the
Secretary shall publish in the Federal Register a draft of the
estuary habitat restoration strategy and provide an opportunity
for public review and comment.
(f) Periodic Revision.--Using data and information
developed through project monitoring and management, and other
relevant information, the Council may periodically review and
update, as necessary, the estuary habitat restoration strategy.
SEC. 107. MONITORING OF ESTUARY HABITAT RESTORATION PROJECTS.
(a) Under Secretary.--In this section, the term ``Under
Secretary'' means the Under Secretary for Oceans and Atmosphere
of the Department of Commerce.
(b) Database of Restoration Project Information.--The Under
Secretary, in consultation with the Council, shall develop and
maintain an appropriate database of information concerning
estuary habitat restoration projects carried out under this
title, including information on project techniques, project
completion, monitoring data, and other relevant information.
(c) Monitoring Data Standards.--The Under Secretary, in
consultation with the Council, shall develop standard data
formats for monitoring projects, along with requirements for
types of data collected and frequency of monitoring.
(d) Coordination of Data.--The Under Secretary shall
compile information that pertains to estuary habitat
restoration projects from other Federal, State, and local
sources and that meets the quality control requirements and
data standards established under this section.
(e) Use of Existing Programs.--The Under Secretary shall
use existing programs within the National Oceanic and
Atmospheric Administration to create and maintain the database
required under this section.
(f) Public Availability.--The Under Secretary shall make
the information collected and maintained under this section
available to the public.
SEC. 108. REPORTING.
(a) In General.--At the end of the third and fifth fiscal
years following the date of enactment of this Act, the
Secretary, after considering the advice and recommendations of
the Council, shall transmit to Congress a report on the results
of activities carried out under this title.
(b) Contents of Report.--A report under subsection (a)
shall include--
(1) data on the number of acres of estuary habitat
restored under this title, including descriptions of,
and partners involved with, projects selected, in
progress, and completed under this title that comprise
those acres;
(2) information from the database established under
section 107(b) related to ongoing monitoring of
projects to ensure that short-term and long-term
restoration goals are achieved;
(3) an estimate of the long-term success of varying
restoration techniques used in carrying out estuary
habitat restoration projects;
(4) a review of how the information described in
paragraphs (1) through (3) has been incorporated in the
selection and implementation of estuary habitat
restoration projects;
(5) a review of efforts made to maintain an
appropriate database of restoration projects carried
out under this title; and
(6) a review of the measures taken to provide the
information described in paragraphs (1) through (3) to
persons with responsibility for assisting in the
restoration of estuary habitat.
SEC. 109. FUNDING.
(a) Authorization of Appropriations.--
(1) Estuary habitat restoration projects.--There is
authorized to be appropriated to the Secretary for
carrying out and providing technical assistance for
estuary habitat restoration projects--
(A) $40,000,000 for fiscal year 2001;
(B) $50,000,000 for each of fiscal years
2002 and 2003;
(C) $60,000,000 for fiscal year 2004; and
(D) $75,000,000 for fiscal year 2005.
Such sums shall remain available until expended.
(2) Monitoring.--There is authorized to be
appropriated to the Under Secretary for Oceans and
Atmosphere of the Department of Commerce for the
acquisition, maintenance, and management of monitoring
data on restoration projects carried out under this
title, $1,500,000 for each of fiscal years 2001 through
2005. Such sums shall remain available until expended.
(b) Set-Aside for Administrative Expenses of the Council.--
Not to exceed 3 percent of the amounts appropriated for a
fiscal year under subsection (a)(1) or $1,500,000, whichever is
greater, may be used by the Secretary for administration and
operation of the Council.
SEC. 110. GENERAL PROVISIONS.
(a) Agency Consultation and Coordination.--In carrying out
this title, the Secretary shall, as necessary, consult with,
cooperate with, and coordinate its activities with the
activities of other Federal departments and agencies.
(b) Cooperative Agreements; Memoranda of Understanding.--In
carrying out this title, the Secretary may--
(1) enter into cooperative agreements with Federal,
State, and local government agencies and other
entities; and
(2) execute such memoranda of understanding as are
necessary to reflect the agreements.
(c) Federal Agency Facilities and Personnel.--Federal
agencies may cooperate in carrying out scientific and other
programs necessary to carry out this title, and may provide
facilities and personnel, for the purpose of assisting the
Council in carrying out its duties under this title.
(d) Identification and Mapping of Dredged Material Disposal
Sites.--In consultation with appropriate Federal and non-
Federal public entities, the Secretary shall undertake, and
update as warranted by changed conditions, surveys to identify
and map sites appropriate for beneficial uses of dredged
material for the protection, restoration, and creation of
aquatic and ecologically related habitats, including wetlands,
in order to further the purposes of this title.
(e) Study of Bioremediation Technology.--
(1) In general.--Not later than 180 days after the
date of enactment of this Act, the Administrator of the
Environmental Protection Agency, with the participation
of the estuarine scientific community, shall begin a 2-
year study on the efficacy of bioremediation products.
(2) Requirements.--The study shall--
(A) evaluate and assess bioremediation
technology--
(i) on low-level petroleum
hydrocarbon contamination from
recreational boat bilges;
(ii) on low-level petroleum
hydrocarbon contamination from
stormwater discharges;
(iii) on nonpoint petroleum
hydrocarbon discharges; and
(iv) as a first response tool for
petroleum hydrocarbon spills; and
(B) recommend management actions to
optimize the return of a healthy and balanced
ecosystem and make improvements in the quality
and character of estuarine waters.
TITLE II--CHESAPEAKE BAY RESTORATION
SEC. 201. SHORT TITLE.
This title may be cited as the ``Chesapeake Bay Restoration
Act of 2000''.
SEC. 202. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) the Chesapeake Bay is a national treasure and a
resource of worldwide significance;
(2) over many years, the productivity and water
quality of the Chesapeake Bay and its watershed were
diminished by pollution, excessive sedimentation,
shoreline erosion, the impacts of population growth and
development in the Chesapeake Bay watershed, and other
factors;
(3) the Federal Government (acting through the
Administrator of the Environmental Protection Agency),
the Governor of the State of Maryland, the Governor of
the Commonwealth of Virginia, the Governor of the
Commonwealth of Pennsylvania, the Chairperson of the
Chesapeake Bay Commission, and the mayor of the
District of Columbia, as Chesapeake Bay Agreement
signatories, have committed to a comprehensive
cooperative program to achieve improved water quality
and improvements in the productivity of living
resources of the Bay;
(4) the cooperative program described in paragraph
(3) serves as a national and international model for
the management of estuaries; and
(5) there is a need to expand Federal support for
monitoring, management, and restoration activities in
the Chesapeake Bay and the tributaries of the Bay in
order to meet and further the original and subsequent
goals and commitments of the Chesapeake Bay Program.
(b) Purposes.--The purposes of this title are--
(1) to expand and strengthen cooperative efforts to
restore and protect the Chesapeake Bay; and
(2) to achieve the goals established in the
Chesapeake Bay Agreement.
SEC. 203. CHESAPEAKE BAY.
Section 117 of the Federal Water Pollution Control Act (33
U.S.C. 1267) is amended to read as follows:
``SEC. 117. CHESAPEAKE BAY.
``(a) Definitions.--In this section, the following
definitions apply:
``(1) Administrative cost.--The term
`administrative cost' means the cost of salaries and
fringe benefits incurred in administering a grant under
this section.
``(2) Chesapeake bay agreement.--The term
`Chesapeake Bay Agreement' means the formal, voluntary
agreements executed to achieve the goal of restoring
and protecting the Chesapeake Bay ecosystem and the
living resources of the Chesapeake Bay ecosystem and
signed by the Chesapeake Executive Council.
``(3) Chesapeake bay ecosystem.--The term
`Chesapeake Bay ecosystem' means the ecosystem of the
Chesapeake Bay and its watershed.
``(4) Chesapeake bay program.--The term `Chesapeake
Bay Program' means the program directed by the
Chesapeake Executive Council in accordance with the
Chesapeake Bay Agreement.
``(5) Chesapeake executive council.--The term
`Chesapeake Executive Council' means the signatories to
the Chesapeake Bay Agreement.
``(6) Signatory jurisdiction.--The term `signatory
jurisdiction' means a jurisdiction of a signatory to
the Chesapeake Bay Agreement.
``(b) Continuation of Chesapeake Bay Program.--
``(1) In general.--In cooperation with the
Chesapeake Executive Council (and as a member of the
Council), the Administrator shall continue the
Chesapeake Bay Program.
``(2) Program office.--
``(A) In general.--The Administrator shall
maintain in the Environmental Protection Agency
a Chesapeake Bay Program Office.
``(B) Function.--The Chesapeake Bay Program
Office shall provide support to the Chesapeake
Executive Council by--
``(i) implementing and coordinating
science, research, modeling, support
services, monitoring, data collection,
and other activities that support the
Chesapeake Bay Program;
``(ii) developing and making
available, through publications,
technical assistance, and other
appropriate means, information
pertaining to the environmental quality
and living resources of the Chesapeake
Bay ecosystem;
``(iii) in cooperation with
appropriate Federal, State, and local
authorities, assisting the signatories
to the Chesapeake Bay Agreement in
developing and implementing specific
action plans to carry out the
responsibilities of the signatories to
the Chesapeake Bay Agreement;
``(iv) coordinating the actions of
the Environmental Protection Agency
with the actions of the appropriate
officials of other Federal agencies and
State and local authorities in
developing strategies to--
``(I) improve the water
quality and living resources in
the Chesapeake Bay ecosystem;
and
``(II) obtain the support
of the appropriate officials of
the agencies and authorities in
achieving the objectives of the
Chesapeake Bay Agreement; and
``(v) implementing outreach
programs for public information,
education, and participation to foster
stewardship of the resources of the
Chesapeake Bay.
``(c) Interagency Agreements.--The Administrator may enter
into an interagency agreement with a Federal agency to carry
out this section.
``(d) Technical Assistance and Assistance Grants.--
``(1) In general.--In cooperation with the
Chesapeake Executive Council, the Administrator may
provide technical assistance, and assistance grants, to
nonprofit organizations, State and local governments,
colleges, universities, and interstate agencies to
carry out this section, subject to such terms and
conditions as the Administrator considers appropriate.
``(2) Federal share.--
``(A) In general.--Except as provided in
subparagraph (B), the Federal share of an
assistance grant provided under paragraph (1)
shall be determined by the Administrator in
accordance with guidance issued by the
Administrator.
``(B) Small watershed grants program.--The
Federal share of an assistance grant provided
under paragraph (1) to carry out an
implementing activity under subsection (g)(2)
shall not exceed 75 percent of eligible project
costs, as determined by the Administrator.
``(3) Non-federal share.--An assistance grant under
paragraph (1) shall be provided on the condition that
non-Federal sources provide the remainder of eligible
project costs, as determined by the Administrator.
``(4) Administrative costs.--Administrative costs
shall not exceed 10 percent of the annual grant award.
``(e) Implementation and Monitoring Grants.--
``(1) In general.--If a signatory jurisdiction has
approved and committed to implement all or
substantially all aspects of the Chesapeake Bay
Agreement, on the request of the chief executive of the
jurisdiction, the Administrator--
``(A) shall make a grant to the
jurisdiction for the purpose of implementing
the management mechanisms established under the
Chesapeake Bay Agreement, subject to such terms
and conditions as the Administrator considers
appropriate; and
``(B) may make a grant to a signatory
jurisdiction for the purpose of monitoring the
Chesapeake Bay ecosystem.
``(2) Proposals.--
``(A) In general.--A signatory jurisdiction
described in paragraph (1) may apply for a
grant under this subsection for a fiscal year
by submitting to the Administrator a
comprehensive proposal to implement management
mechanisms established under the Chesapeake Bay
Agreement.
``(B) Contents.--A proposal under
subparagraph (A) shall include--
``(i) a description of proposed
management mechanisms that the
jurisdiction commits to take within a
specified time period, such as reducing
or preventing pollution in the
Chesapeake Bay and its watershed or
meeting applicable water quality
standards or established goals and
objectives under the Chesapeake Bay
Agreement; and
``(ii) the estimated cost of the
actions proposed to be taken during the
fiscal year.
``(3) Approval.--If the Administrator finds that
the proposal is consistent with the Chesapeake Bay
Agreement and the national goals established under
section 101(a), the Administrator may approve the
proposal for an award.
``(4) Federal share.--The Federal share of a grant
under this subsection shall not exceed 50 percent of
the cost of implementing the management mechanisms
during the fiscal year.
``(5) Non-federal share.--A grant under this
subsection shall be made on the condition that non-
Federal sources provide the remainder of the costs of
implementing the management mechanisms during the
fiscal year.
``(6) Administrative costs.--Administrative costs
shall not exceed 10 percent of the annual grant award.
``(7) Reporting.--On or before October 1 of each
fiscal year, the Administrator shall make available to
the public a document that lists and describes, in the
greatest practicable degree of detail--
``(A) all projects and activities funded
for the fiscal year;
``(B) the goals and objectives of projects
funded for the previous fiscal year; and
``(C) the net benefits of projects funded
for previous fiscal years.
``(f) Federal Facilities and Budget Coordination.--
``(1) Subwatershed planning and restoration.--A
Federal agency that owns or operates a facility (as
defined by the Administrator) within the Chesapeake Bay
watershed shall participate in regional and
subwatershed planning and restoration programs.
``(2) Compliance with agreement.--The head of each
Federal agency that owns or occupies real property in
the Chesapeake Bay watershed shall ensure that the
property, and actions taken by the agency with respect
to the property, comply with the Chesapeake Bay
Agreement, the Federal Agencies Chesapeake Ecosystem
Unified Plan, and any subsequent agreements and plans.
``(3) Budget coordination.--
``(A) In general.--As part of the annual
budget submission of each Federal agency with
projects or grants related to restoration,
planning, monitoring, or scientific
investigation of the Chesapeake Bay ecosystem,
the head of the agency shall submit to the
President a report that describes plans for the
expenditure of the funds under this section.
``(B) Disclosure to the council.--The head
of each agency referred to in subparagraph (A)
shall disclose the report under that
subparagraph with the Chesapeake Executive
Council as appropriate.
``(g) Chesapeake Bay Program.--
``(1) Management strategies.--The Administrator, in
coordination with other members of the Chesapeake
Executive Council, shall ensure that management plans
are developed and implementation is begun by
signatories to the Chesapeake Bay Agreement to achieve
and maintain--
``(A) the nutrient goals of the Chesapeake
Bay Agreement for the quantity of nitrogen and
phosphorus entering the Chesapeake Bay and its
watershed;
``(B) the water quality requirements
necessary to restore living resources in the
Chesapeake Bay ecosystem;
``(C) the Chesapeake Bay Basinwide Toxins
Reduction and Prevention Strategy goal of
reducing or eliminating the input of chemical
contaminants from all controllable sources to
levels that result in no toxic or
bioaccumulative impact on the living resources
of the Chesapeake Bay ecosystem or on human
health;
``(D) habitat restoration, protection,
creation, and enhancement goals established by
Chesapeake Bay Agreement signatories for
wetlands, riparian forests, and other types of
habitat associated with the Chesapeake Bay
ecosystem; and
``(E) the restoration, protection,
creation, and enhancement goals established by
the Chesapeake Bay Agreement signatories for
living resources associated with the Chesapeake
Bay ecosystem.
``(2) Small watershed grants program.--The
Administrator, in cooperation with the Chesapeake
Executive Council, shall--
``(A) establish a small watershed grants
program as part of the Chesapeake Bay Program;
and
``(B) offer technical assistance and
assistance grants under subsection (d) to local
governments and nonprofit organizations and
individuals in the Chesapeake Bay region to
implement--
``(i) cooperative tributary basin
strategies that address the water
quality and living resource needs in
the Chesapeake Bay ecosystem; and
``(ii) locally based protection and
restoration programs or projects within
a watershed that complement the
tributary basin strategies, including
the creation, restoration, protection,
or enhancement of habitat associated
with the Chesapeake Bay ecosystem.
``(h) Study of Chesapeake Bay Program.--
``(1) In general.--Not later than April 22, 2003,
and every 5 years thereafter, the Administrator, in
coordination with the Chesapeake Executive Council,
shall complete a study and submit to Congress a
comprehensive report on the results of the study.
``(2) Requirements.--The study and report shall--
``(A) assess the state of the Chesapeake
Bay ecosystem;
``(B) compare the current state of the
Chesapeake Bay ecosystem with its state in
1975, 1985, and 1995;
``(C) assess the effectiveness of
management strategies being implemented on the
date of enactment of this section and the
extent to which the priority needs are being
met;
``(D) make recommendations for the improved
management of the Chesapeake Bay Program either
by strengthening strategies being implemented
on the date of enactment of this section or by
adopting new strategies; and
``(E) be presented in such a format as to
be readily transferable to and usable by other
watershed restoration programs.
``(i) Special Study of Living Resource Response.--
``(1) In general.--Not later than 180 days after
the date of enactment of this section, the
Administrator shall commence a 5-year special study
with full participation of the scientific community of
the Chesapeake Bay to establish and expand
understanding of the response of the living resources
of the Chesapeake Bay ecosystem to improvements in
water quality that have resulted from investments made
through the Chesapeake Bay Program.
``(2) Requirements.--The study shall--
``(A) determine the current status and
trends of living resources, including grasses,
benthos, phytoplankton, zooplankton, fish, and
shellfish;
``(B) establish to the extent practicable
the rates of recovery of the living resources
in response to improved water quality
condition;
``(C) evaluate and assess interactions of
species, with particular attention to the
impact of changes within and among trophic
levels; and
``(D) recommend management actions to
optimize the return of a healthy and balanced
ecosystem in response to improvements in the
quality and character of the waters of the
Chesapeake Bay.
``(j) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $40,000,000 for
each of fiscal years 2001 through 2005. Such sums shall remain
available until expended.''.
TITLE III--NATIONAL ESTUARY PROGRAM
SEC. 301. ADDITION TO NATIONAL ESTUARY PROGRAM.
Section 320(a)(2)(B) of the Federal Water Pollution Control
Act (33 U.S.C. 1330(a)(2)(B)) is amended by inserting ``Lake
Pontchartrain Basin, Louisiana and Mississippi;'' before ``and
Peconic Bay, New York.''.
SEC. 302. GRANTS.
Section 320(g) of the Federal Water Pollution Control Act
(33 U.S.C. 1330(g)) is amended by striking paragraphs (2) and
(3) and inserting the following:
``(2) Purposes.--Grants under this subsection shall
be made to pay for activities necessary for the
development and implementation of a comprehensive
conservation and management plan under this section.
``(3) Federal share.--The Federal share of a grant
to any person (including a State, interstate, or
regional agency or entity) under this subsection for a
fiscal year--
``(A) shall not exceed--
``(i) 75 percent of the annual
aggregate costs of the development of a
comprehensive conservation and
management plan; and
``(ii) 50 percent of the annual
aggregate costs of the implementation
of the plan; and
``(B) shall be made on condition that the
non-Federal share of the costs are provided
from non-Federal sources.''.
SEC. 303. AUTHORIZATION OF APPROPRIATIONS.
Section 320(i) of the Federal Water Pollution Control Act
(33 U.S.C. 1330(i)) is amended by striking ``$12,000,000 per
fiscal year for each of fiscal years 1987, 1988, 1989, 1990,
and 1991'' and inserting ``$35,000,000 for each of fiscal years
2001 through 2005''.
TITLE IV--LONG ISLAND SOUND RESTORATION
SEC. 401. SHORT TITLE.
This title may be cited as the ``Long Island Sound
Restoration Act''.
SEC. 402. INNOVATIVE METHODOLOGIES AND TECHNOLOGIES.
Section 119(c)(1) of the Federal Water Pollution Control
Act (33 U.S.C. 1269(c)(1)) is amended by inserting ``,
including efforts to establish, within the process for granting
watershed general permits, a system for promoting innovative
methodologies and technologies that are cost-effective and
consistent with the goals of the Plan'' before the semicolon at
the end.
SEC. 403. ASSISTANCE FOR DISTRESSED COMMUNITIES.
Section 119 of the Federal Water Pollution Control Act (33
U.S.C. 1269) is amended--
(1) by redesignating subsection (e) as subsection
(f); and
(2) by inserting after subsection (d) the
following:
``(e) Assistance to Distressed Communities.--
``(1) Eligible communities.--For the purposes of
this subsection, a distressed community is any
community that meets affordability criteria established
by the State in which the community is located, if such
criteria are developed after public review and comment.
``(2) Priority.--In making assistance available
under this section for the upgrading of wastewater
treatment facilities, the Administrator may give
priority to a distressed community.''.
SEC. 404. AUTHORIZATION OF APPROPRIATIONS.
Section 119(f) of the Federal Water Pollution Control Act
(as redesignated by section 403 of this Act) is amended--
(1) in paragraph (1) by striking ``1991 through
2001'' and inserting ``2001 through 2005''; and
(2) in paragraph (2) by striking ``not to exceed
$3,000,000 for each of the fiscal years 1991 through
2001'' and inserting ``not to exceed $40,000,000 for
each of fiscal years 2001 through 2005''.
TITLE V--LAKE PONTCHARTRAIN BASIN RESTORATION
SEC. 501. SHORT TITLE.
This title may be cited as the ``Lake Pontchartrain Basin
Restoration Act of 2000''.
SEC. 502. LAKE PONTCHARTRAIN BASIN.
Title I of the Federal Water Pollution Control Act (33
U.S.C. 1251 et seq.) is amended by adding at the end the
following:
``SEC. 121. LAKE PONTCHARTRAIN BASIN.
``(a) Establishment of Restoration Program.--The
Administrator shall establish within the Environmental
Protection Agency the Lake Pontchartrain Basin Restoration
Program.
``(b) Purpose.--The purpose of the program shall be to
restore the ecological health of the Basin by developing and
funding restoration projects and related scientific and public
education projects.
``(c) Duties.--In carrying out the program, the
Administrator shall--
``(1) provide administrative and technical
assistance to a management conference convened for the
Basin under section 320;
``(2) assist and support the activities of the
management conference, including the implementation of
recommendations of the management conference;
``(3) support environmental monitoring of the Basin
and research to provide necessary technical and
scientific information;
``(4) develop a comprehensive research plan to
address the technical needs of the program;
``(5) coordinate the grant, research, and planning
programs authorized under this section; and
``(6) collect and make available to the public
publications, and other forms of information the
management conference determines to be appropriate,
relating to the environmental quality of the Basin.
``(d) Grants.--The Administrator may make grants--
``(1) for restoration projects and studies
recommended by a management conference convened for the
Basin under section 320; and
``(2) for public education projects recommended by
the management conference.
``(e) Definitions.--In this section, the following
definitions apply:
``(1) Basin.--The term `Basin' means the Lake
Pontchartrain Basin, a 5,000 square mile watershed
encompassing 16 parishes in the State of Louisiana and
4 counties in the State of Mississippi.
``(2) Program.--The term `program' means the Lake
Pontchartrain Basin Restoration Program established
under subsection (a).
``(f) Authorization of Appropriations.--
``(1) In general.--There is authorized to be
appropriated to carry out this section $20,000,000 for
each of fiscal years 2001 through 2005. Such sums shall
remain available until expended.
``(2) Public education projects.--Not more that 15
percent of the amount appropriated pursuant to
paragraph (1) in a fiscal year may be expended on
grants for public education projects under subsection
(d)(2).''.
TITLE VI--ALTERNATIVE WATER SOURCES
SEC. 601. SHORT TITLE.
This title may be cited as the ``Alternative Water Sources
Act of 2000''.
SEC. 602. PILOT PROGRAM FOR ALTERNATIVE WATER SOURCE PROJECTS.
Title II the Federal Water Pollution Control Act (33 U.S.C.
1281 et seq.) is amended by adding at the end the following:
``SEC. 220. PILOT PROGRAM FOR ALTERNATIVE WATER SOURCE PROJECTS.
``(a) Policy.--Nothing in this section shall be construed
to affect the application of section 101(g) of this Act and all
of the provisions of this section shall be carried out in
accordance with the provisions of section 101(g).
``(b) In General.--The Administrator may establish a pilot
program to make grants to State, interstate, and intrastate
water resource development agencies (including water management
districts and water supply authorities), local government
agencies, private utilities, and nonprofit entities for
alternative water source projects to meet critical water supply
needs.
``(c) Eligible Entity.--The Administrator may make grants
under this section to an entity only if the entity has
authority under State law to develop or provide water for
municipal, industrial, and agricultural uses in an area of the
State that is experiencing critical water supply needs.
``(d) Selection of Projects.--
``(1) Limitation.--A project that has received
funds under the reclamation and reuse program conducted
under the Reclamation Projects Authorization and
Adjustment Act of 1992 (43 U.S.C. 390h et seq.) shall
not be eligible for grant assistance under this
section.
``(2) Additional consideration.--In making grants
under this section, the Administrator shall consider
whether the project is located within the boundaries of
a State or area referred to in section 1 of the
Reclamation Act of June 17, 1902 (32 Stat. 385), and
within the geographic scope of the reclamation and
reuse program conducted under the Reclamation Projects
Authorization and Adjustment Act of 1992 (43 U.S.C.
390h et seq.).
``(3) Geographical distribution.--Alternative water
source projects selected by the Administrator under
this section shall reflect a variety of geographical
and environmental conditions.
``(e) Committee Resolution Procedure.--
``(1) In general.--No appropriation shall be made
for any alternative water source project under this
section, the total Federal cost of which exceeds
$3,000,000, if such project has not been approved by a
resolution adopted by the Committee on Transportation
and Infrastructure of the House of Representatives or
the Committee on Environment and Public Works of the
Senate.
``(2) Requirements for securing consideration.--For
purposes of securing consideration of approval under
paragraph (1), the Administrator shall provide to a
committee referred to in paragraph (1) such information
as the committee requests and the non-Federal sponsor
shall provide to the committee information on the costs
and relative needs for the alternative water source
project.
``(f) Uses of Grants.--Amounts from grants received under
this section may be used for engineering, design, construction,
and final testing of alternative water source projects designed
to meet critical water supply needs. Such amounts may not be
used for planning, feasibility studies or for operation,
maintenance, replacement, repair, or rehabilitation.
``(g) Cost Sharing.--The Federal share of the eligible
costs of an alternative water source project carried out using
assistance made available under this section shall not exceed
50 percent.
``(h) Reports.--On or before September 30, 2004, the
Administrator shall transmit to Congress a report on the
results of the pilot program established under this section,
including progress made toward meeting the critical water
supply needs of the participants in the pilot program.
``(i) Definitions.--In this section, the following
definitions apply:
``(1) Alternative water source project.--The term
`alternative water source project' means a project
designed to provide municipal, industrial, and
agricultural water supplies in an environmentally
sustainable manner by conserving, managing, reclaiming,
or reusing water or wastewater or by treating
wastewater. Such term does not include water treatment
or distribution facilities.
``(2) Critical water supply needs.--The term
`critical water supply needs' means existing or
reasonably anticipated future water supply needs that
cannot be met by existing water supplies, as identified
in a comprehensive statewide or regional water supply
plan or assessment projected over a planning period of
at least 20 years.
``(j) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section a total of
$75,000,000 for fiscal years 2002 through 2004. Such sums shall
remain available until expended.''.
TITLE VII--CLEAN LAKES
SEC. 701. GRANTS TO STATES.
Section 314(c)(2) of the Federal Water Pollution Control
Act (33 U.S.C. 1324(c)(2)) is amended by striking
``$50,000,000'' the first place it appears and all that follows
through ``1990'' and inserting ``$50,000,000 for each of fiscal
years 2001 through 2005''.
SEC. 702. DEMONSTRATION PROGRAM.
Section 314(d) of the Federal Water Pollution Control Act
(33 U.S.C. 1324(d)) is amended--
(1) in paragraph (2) by inserting ``Otsego Lake,
New York; Oneida Lake, New York; Raystown Lake,
Pennsylvania; Swan Lake, Itasca County, Minnesota;
Walker Lake, Nevada; Lake Tahoe, California and Nevada;
Ten Mile Lakes, Oregon; Woahink Lake, Oregon; Highland
Lake, Connecticut; Lily Lake, New Jersey; Strawbridge
Lake, New Jersey; Baboosic Lake, New Hampshire; French
Pond, New Hampshire; Dillon Reservoir, Ohio;
Tohopekaliga Lake, Florida; Lake Apopka, Florida; Lake
George, New York; Lake Wallenpaupack, Pennsylvania;
Lake Allatoona, Georgia;'' after ``Sauk Lake,
Minnesota;'';
(2) in paragraph (3) by striking ``By'' and
inserting ``Notwithstanding section 3003 of the Federal
Reports Elimination and Sunset Act of 1995 (31 U.S.C.
1113 note; 109 Stat. 734-736), by''; and
(3) in paragraph (4)(B)(i) by striking
``$15,000,000'' and inserting ``$25,000,000''.
TITLE VIII--TIJUANA RIVER VALLEY ESTUARY AND BEACH CLEANUP
SEC. 801. SHORT TITLE.
This title may be cited as the ``Tijuana River Valley
Estuary and Beach Sewage Cleanup Act of 2000''.
SEC. 802. PURPOSE.
The purpose of this title is to authorize the United States
to take actions to address comprehensively the treatment of
sewage emanating from the Tijuana River area, Mexico, that
flows untreated or partially treated into the United States
causing significant adverse public health and environmental
impacts.
SEC. 803. DEFINITIONS.
In this title, the following definitions apply:
(1) Administrator.--The term ``Administrator''
means the Administrator of the Environmental Protection
Agency.
(2) Commission.--The term ``Commission'' means the
United States section of the International Boundary and
Water Commission, United States and Mexico.
(3) IWTP.--The term ``IWTP'' means the South Bay
International Wastewater Treatment Plant constructed
under the provisions of the Federal Water Pollution
Control Act (33 U.S.C. 1251 et seq.), section 510 of
the Water Quality Act of 1987 (101 Stat. 80-82), and
Treaty Minutes to the Treaty for the Utilization of
Waters of the Colorado and Tijuana Rivers and of the
Rio Grande, dated February 3, 1944.
(4) Secondary treatment.--The term ``secondary
treatment'' has the meaning such term has under the
Federal Water Pollution Control Act and its
implementing regulations.
(5) Secretary.--The term ``Secretary'' means the
Secretary of State.
(6) Mexican facility.--The term ``Mexican
facility'' means a proposed public-private wastewater
treatment facility to be constructed and operated under
this title within Mexico for the purpose of treating
sewage flows generated within Mexico, which flows
impact the surface waters, health, and safety of the
United States and Mexico.
(7) MGD.--The term ``mgd'' means million gallons
per day.
SEC. 804. ACTIONS TO BE TAKEN BY THE COMMISSION AND THE ADMINISTRATOR.
(a) Secondary Treatment.--
(1) In general.--Subject to the negotiation and
conclusion of a new Treaty Minute or the amendment of
Treaty Minute 283 under section 1005 of this Act, and
notwithstanding section 510(b)(2) of the Water Quality
Act of 1987 (101 Stat. 81), the Commission is
authorized and directed to provide for the secondary
treatment of a total of not more than 50 mgd in
Mexico--
(A) of effluent from the IWTP if such
treatment is not provided for at a facility in
the United States; and
(B) of additional sewage emanating from the
Tijuana River area, Mexico.
(2) Additional authority.--Subject to the results
of the comprehensive plan developed under subsection
(b) revealing a need for additional secondary treatment
capacity in the San Diego-Tijuana border region and
recommending the provision of such capacity in Mexico,
the Commission may provide not more than an additional
25 mgd of secondary treatment capacity in Mexico for
treatment described in paragraph (1).
(b) Comprehensive Plan.--Not later than 24 months after the
date of enactment of this Act, the Administrator shall develop
a comprehensive plan with stakeholder involvement to address
the transborder sanitation problems in the San Diego-Tijuana
border region. The plan shall include, at a minimum--
(1) an analysis of the long-term secondary
treatment needs of the region;
(2) an analysis of upgrades in the sewage
collection system serving the Tijuana area, Mexico; and
(3) an identification of options, and
recommendations for preferred options, for additional
sewage treatment capacity for future flows emanating
from the Tijuana River area, Mexico.
(c) Contract.--
(1) In general.--Subject to the availability of
appropriations to carry out this subsection and
notwithstanding any provision of Federal procurement
law, upon conclusion of a new Treaty Minute or the
amendment of Treaty Minute 283 under section 5, the
Commission may enter into a fee-for-services contract
with the owner of a Mexican facility in order to carry
out the secondary treatment requirements of subsection
(a) and make payments under such contract.
(2) Terms.--Any contract under this subsection
shall provide, at a minimum, for the following:
(A) Transportation of the advanced primary
effluent from the IWTP to the Mexican facility
for secondary treatment.
(B) Treatment of the advanced primary
effluent from the IWTP to the secondary
treatment level in compliance with water
quality laws of the United States, California,
and Mexico.
(C) Return conveyance from the Mexican
facility of any such treated effluent that
cannot be reused in either Mexico or the United
States to the South Bay Ocean Outfall for
discharge into the Pacific Ocean in compliance
with water quality laws of the United States
and California.
(D) Subject to the requirements of
subsection (a), additional sewage treatment
capacity that provides for advanced primary and
secondary treatment of sewage described in
subsection (a)(1)(B) in addition to the
capacity required to treat the advanced primary
effluent from the IWTP.
(E) A contract term of 20 years.
(F) Arrangements for monitoring,
verification, and enforcement of compliance
with United States, California, and Mexican
water quality standards.
(G) Arrangements for the disposal and use
of sludge, produced from the IWTP and the
Mexican facility, at a location or locations in
Mexico.
(H) Maintenance by the owner of the Mexican
facility at all times throughout the term of
the contract of a 20 percent equity position in
the capital structure of the Mexican facility.
(I) Payment of fees by the Commission to
the owner of the Mexican facility for sewage
treatment services with the annual amount
payable to reflect all agreed upon costs
associated with the development, financing,
construction, operation, and maintenance of the
Mexican facility, with such annual payment to
maintain the owner's 20 percent equity position
throughout the term of the contract.
(J) Provision for the transfer of ownership
of the Mexican facility to the United States,
and provision for a cancellation fee by the
United States to the owner of the Mexican
facility, if the Commission fails to perform
its obligations under the contract. The
cancellation fee shall be in amounts declining
over the term of the contract anticipated to be
sufficient to repay construction debt and other
amounts due to the owner that remain
unamortized due to early termination of the
contract.
(K) Provision for the transfer of ownership
of the Mexican facility to the United States,
without a cancellation fee, if the owner of the
Mexican facility fails to perform the
obligations of the owner under the contract.
(L) The use of competitive procedures,
consistent with title III of the Federal
Property and Administrative Services Act of
1949 (41 U.S.C. 251 et seq.), by the owner of
the Mexican facility in the procurement of
property or services for the engineering,
construction, and operation and maintenance of
the Mexican facility.
(M) An opportunity for the Commission to
review and approve the selection of contractors
providing engineering, construction, and
operation and maintenance for the Mexican
facility.
(N) The maintenance by the owner of the
Mexican facility of all records (including
books, documents, papers, reports, and other
materials) necessary to demonstrate compliance
with the terms of this section and the
contract.
(O) Access by the Inspector General of the
Department of State or the designee of the
Inspector General for audit and examination of
all records maintained pursuant to subparagraph
(N) to facilitate the monitoring and evaluation
required under subsection (d).
(P) Offsets or credits against the payments
to be made by the Commission under this section
to reflect an agreed upon percentage of
payments that the owner of the Mexican facility
receives through the sale of water treated by
the facility.
(d) Implementation.--
(1) In general.--The Inspector General of the
Department of State shall monitor the implementation of
any contract entered into under this section and
evaluate the extent to which the owner of the Mexican
facility has met the terms of this section and
fulfilled the terms of the contract.
(2) Report.--The Inspector General shall transmit
to Congress a report containing the evaluation under
paragraph (1) not later than 2 years after the
execution of any contract with the owner of the Mexican
facility under this section, 3 years thereafter, and
periodically after the second report under this
paragraph.
SEC. 805. NEGOTIATION OF NEW TREATY MINUTE.
(a) Congressional Statement.--In light of the existing
threat to the environment and to public health and safety
within the United States as a result of the river and ocean
pollution in the San Diego-Tijuana border region, the Secretary
is requested to give the highest priority to the negotiation
and execution of a new Treaty Minute, or a modification of
Treaty Minute 283, consistent with the provisions of this
title, in order that the other provisions of this title to
address such pollution may be implemented as soon as possible.
(b) Negotiation.--
(1) Initiation.--The Secretary is requested to
initiate negotiations with Mexico, within 60 days after
the date of enactment of this Act, for a new Treaty
Minute or a modification of Treaty Minute 283
consistent with the provisions of this title.
(2) Implementation.--Implementation of a new Treaty
Minute or of a modification of Treaty Minute 283 under
this title shall be subject to the provisions of the
National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.).
(3) Matters to be addressed.--A new Treaty Minute
or a modification of Treaty Minute 283 under paragraph
(1) should address, at a minimum, the following:
(A) The siting of treatment facilities in
Mexico and in the United States.
(B) Provision for the secondary treatment
of effluent from the IWTP at a Mexican facility
if such treatment is not provided for at a
facility in the United States.
(C) Provision for additional capacity for
advanced primary and secondary treatment of
additional sewage emanating from the Tijuana
River area, Mexico, in addition to the
treatment capacity for the advanced primary
effluent from the IWTP at the Mexican facility.
(D) Provision for any and all approvals
from Mexican authorities necessary to
facilitate water quality verification and
enforcement at the Mexican facility.
(E) Any terms and conditions considered
necessary to allow for use in the United States
of treated effluent from the Mexican facility,
if there is reclaimed water which is surplus to
the needs of users in Mexico and such use is
consistent with applicable United States and
California law.
(F) Any other terms and conditions
considered necessary by the Secretary in order
to implement the provisions of this title.
SEC. 806. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated a total of
$156,000,000 for fiscal years 2001 through 2005 to carry out
this title. Such sums shall remain available until expended.
TITLE IX--GENERAL PROVISIONS
SEC. 901. PURCHASE OF AMERICAN-MADE EQUIPMENT AND PRODUCTS.
(a) In General.--It is the sense of Congress that, to the
extent practicable, all equipment and products purchased with
funds made available under this Act should be American made.
(b) Notice to Recipients of Assistance.--The head of each
Federal Agency providing financial assistance under this Act,
to the extent practicable, shall provide to each recipient of
the assistance a notice describing the statement made in
subsection (a).
SEC. 902. LONG-TERM ESTUARY ASSESSMENT.
(a) In General.--The Secretary of Commerce (acting through
the Under Secretary for Oceans and Atmosphere) and the
Secretary of the Interior (acting through the Director of the
Geological Survey) may carry out a long-term estuary assessment
project (in this section referred to as the ``project'') in
accordance with the requirements of this section.
(b) Purpose.--The purpose of the project shall be to
establish a network of strategic environmental assessment and
monitoring projects for the Mississippi River south of
Vicksburg, Mississippi, and the Gulf of Mexico, in order to
develop advanced long-term assessment and monitoring systems
and models relating to the Mississippi River and other aquatic
ecosystems, including developing equipment and techniques
necessary to implement the project.
(c) Management Agreement.--To establish, operate, and
implement the project, the Secretary of Commerce and the
Secretary of the Interior may enter into a management agreement
with a university-based consortium.
(d) Authorization of Appropriations.--There is authorized
to be appropriated--
(1) $1,000,000 for fiscal year 2001 to develop the
management agreement under subsection (c); and
(2) $4,000,000 for each of fiscal years 2002, 2003,
2004, and 2005 to carry out the project.
Such sums shall remain available until expended.
SEC. 903. RURAL SANITATION GRANTS.
Section 303(e) of the Safe Drinking Water Act Amendments of
1996 (33 U.S.C. 1263a(e)) is amended by striking
``$15,000,000'' and all that follows through ``section.'' and
inserting the following: ``to carry out this section
$40,000,000 for each of fiscal years 2001 through 2005.''.
And the House agree to the same.
Bud Shuster,
Don Young,
Sherwood Boehlert,
Wayne T. Gilchrest,
Tillie K. Fowler,
Don Sherwood,
John E. Sweeney,
Steven T. Kuykendall,
David Vitter,
Jim Oberstar,
Bob Borski,
Jim Barcia,
Bob Filner,
Earl Blumenauer,
John Baldacci,
Managers on the Part of the House.
Bob Smith,
John W. Warner,
Michael D. Crapo,
Max Baucus,
Barbara Boxer,
Managers on the Part of the Senate.
JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE
The Managers on the part of the House and Senate at the
Conference on the disagreeing votes of the two Houses on the
amendment of the House to the bill (S. 835), to improve and
increase Federal, State and local efforts and to provide
funding to protect and enhance estuaries across the U.S., and
to address other clean water-related matters, submit the
following joint statement to the House and Senate in
explanation of the effect of the action agreed upon by the
Managers and recommended in the accompanying Conference report.
The House amendment struck all of the Senate bill after
the enacting clause and inserted a substitute text.
The Senate recedes from its disagreement to the amendment
of the House with an amendment that is a substitute for the
Senate bill and the House amendment. The differences between
the Senate bill, the House amendment, and the substitute agreed
to in Conference are noted below, except for clerical
corrections and conforming changes made necessary by agreements
reached by the conferees, and minor drafting and clerical
changes.
section 1. short title and table of contents
The Conference substitute renames S. 835 as the
``Estuaries and Clean Waters Act of 2000.''
Title I--Estuary Habitat Restoration
Title I of the Conference substitute establishes a new
estuary habitat restoration program under the Secretary of the
Army. Title I is similar to title I in both the Senate bill and
House amendment. The Conferees adopted title I of the House
amendment with amendments. Differences between the Senate bill,
House amendment and Conference substitute are as follows:
section 102. purposes
Senate bill
Section 103 of the Senate bill states that the purposes
of title I are to: restore one million acres of estuary habitat
by the year 2010; ensure coordination of existing Federal,
State, and local plans, programs, and studies; establish
partnerships among public agencies at all levels of government
and between the public and private sectors; promote efficient
financing of estuary habitat restoration activities; and,
develop and enhance monitoring and research capabilities
through use of the environmental technology innovation program
associated with the National Estuarine Research Reserve System
(NERRs), to ensure that restoration efforts are based on sound
scientific understanding and innovative technologies.
House amendment
Section 102 of the House amendment states that the
purposes of title I are to: promote the restoration of estuary
habitat; 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; to provide Federal assistance for estuary
habitat restoration projects and to promote efficient financing
of such projects; and, 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.
Conference substitute
The purposes of the Senate bill and House amendment are
substantially similar. The Conference substitute adopts the
House amendment with an amendment. Section 102(4) is amended to
clarify that monitoring and research capabilities for estuary
habitat restoration efforts should be developed and enhanced
through the use of the environmental technology innovation
program associated with NERRs.
section 103. definitions
Senate bill
Section 104 of the Senate bill defines key terms used
throughout the bill, including ``Collaborative Council,''
``Degraded Estuary Habitat,'' ``Estuary,'' ``Estuary Habitat,''
``Estuary Habitat Restoration Activity,'' ``Estuary Habitat
Restoration Project,'' ``Estuary Habitat Restoration
Strategy,'' ``Federal Estuary Management or Habitat Restoration
Plan,'' ``Secretary,'' and ``Under Secretary.''
``Estuary'' is defined as a body of water and its
associated physical, biological, and chemical elements, in
which fresh water from a river or stream meets and mixes with
salt water from the ocean. An exception to this definition is
made for estuary-like areas in the Great Lakes biogeographic
regions that are part of NERRs at the time of enactment of this
legislation.
``Estuary Habitat'' is defined as the complex of physical
and hydrologic features and living organisms within estuaries
and their associated ecosystems, including 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.
``Estuary Habitat Restoration Activity'' is defined as 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
that is integrated with the surrounding landscape. Eligible
activities include: the reestablishment of physical features
and biological and hydrologic functions; the cleanup of
contamination; the control of non-native and invasive species,
such as phragmites; and the reintroduction of native species,
such as the planting of eel grass. A project is ineligible if
it constitutes mitigation for the adverse effects of an
activity regulated or otherwise governed under Federal or State
law, or restoration for natural resource damages required under
any Federal or State law.
``Federal Estuary Management or Habitat Restoration
Plan'' is defined as any Federal plan for restoration of
degraded estuary habitat that was developed by a public body
with the substantial participation of appropriate public and
private stakeholders and reflects a community-based planning
process.
House amendment
Section 103 of the House amendment also defines key
terms, including: ``Council,'' ``Estuary,'' ``Estuary
Habitat,'' ``Estuary Habitat Restoration Activity,'' ``Estuary
Habitat Restoration Project,'' ``Estuary Habitat Restoration
Plan,'' ``Indian Tribe,'' ``Non-Federal Interest,''
``Secretary,'' and ``State.''
The definition of ``Estuary'' is based on section
104(n)(4) of the Clean Water Act. The House amendment also
specifies that near coastal waters and wetlands of the Great
Lakes that are similar in form and function to estuaries are
included in this definition for the purposes of this title to
make such areas of the Great Lakes eligible for assistance
under this title.
The definition of ``Estuary Habitat'' is similar to the
Senate bill, but does not list included habitats.
The definition of ``Estuary Habitat Restoration
Activity'' is similar to the Senate bill but includes creating
estuary habitat and the construction of reefs.
``Estuary Habitat Restoration Plan'' is defined as any
Federal or State plan for restoration of degraded estuary
habitat that was developed with the substantial participation
of appropriate public and private stakeholders.
``Indian tribe'' is defined by referencing the meaning
that term has in section 4 of the Indian Self-Determination and
Education Assistance Act, which includes Alaska Natives within
the definition.
Conference substitute
Section 103 of the Conference substitute adopts the House
amendment with the following amendment. The Conference
substitute retains the House definition of the term
``Estuary,'' which includes the near coastal waters and
wetlands of the Great Lakes that are similar in form and
function to estuaries. The Conference substitute adds a
specific reference to the Old Woman's Creek NERR in Ohio, which
is captured in the House definition. This reference was
included in the definition of ``Estuary'' in the Senate bill
after the Senate adopted by voice vote an amendment offered by
Senator Voinovich during the September 29, 1999 Senate
Committee on Environment and Public Works business meeting on
S. 835.
The Conference substitute retains the prohibition against
any project that constitutes mitigation or restoration required
under Federal or State law. This provision does not prohibit
the implementation of an estuary habitat restoration project
that might also be eligible for funding under voluntary habitat
restoration or environmental programs. This language also does
not prohibit a non-Federal interest from using funds secured
under damage settlements to enhance estuary habitat restoration
projects.
SECTION 104. ESTUARY HABITAT RESTORATION PROGRAM
Senate bill
The Senate bill establishes a collaborative, interagency
process for the selection of estuary habitat restoration
projects to receive assistance under this title. The Senate
bill is based on the premise that the non-Federal interest will
implement the estuary habitat restoration project, with funding
provided by the Secretary of the Army. This approach is
intended to reduce delays, expedite project implementation, and
reduce unnecessary oversight and paperwork costs.
Section 106(b) of the Senate bill sets out the process
for selection of projects. This section specifies that a non-
Federal interest must submit a project application for an
estuary habitat restoration project to the Collaborative
Council established under section 105 for review and approval,
and must obtain, where appropriate, the approval of State or
local agencies.
Section 106(b) also sets forth the factors and priorities
that the Council is to use to select projects and the duties of
the non-Federal project sponsors. One of the priorities listed
is whether the project is part of an approved Federal estuary
management or restoration plan. For example, the Sarasota Bay
area in Florida is presently implementing a comprehensive
conservation and management plan (CCMP) under the National
Estuary Program (NEP), which focuses on restoring lost habitat.
The NEP is authorized by section 320 of the Clean Water Act.
The habitat restoration is being accomplished by: reducing
nitrogen pollution to increase sea grass coverage; constructing
saltwater wetlands; and, building artificial reefs for juvenile
fish habitat. Narragansett Bay in Rhode Island also is in the
process of implementing a CCMP. Current efforts to improve the
Bay's water quality and restore its habitat address the
uniqueness of the Narragansett Bay watershed.
Section 106(c) authorizes interim habitat restoration
activities to be carried out before the Council completes an
estuary habitat restoration strategy. Section 106(d) allows a
nonprofit entity to serve as the non-Federal interest, after
coordination with the local official responsible for the
political jurisdiction in which the project will occur.
House amendment
Section 104(a) of the House amendment authorizes an
estuary habitat restoration program to be carried out by the
Secretary of the Army, acting through the Army Corps of
Engineers.
Section 104(b) provides that estuary habitat restoration
projects must be submitted by non-Federal interests, consistent
with State or local laws.
Section 104(c) sets forth required elements that eligible
estuary habitat restoration projects must have, including,
among others, that the project address restoration needs
identified in an estuary habitat restoration plan.
Section 104(d) sets forth the factors and priorities that
the Secretary is to use to select which estuary habitat
restoration projects the Corps of Engineers will carry out,
after the Secretary considers the advice and recommendations of
the Estuary Habitat Restoration Council established under
section 105.
Section 104(e) establishes the cost-sharing required for
each project. The non-Federal share of a project must include
necessary lands, easements, rights-of-way and relocations, and
may include services or any other form of in-kind contributions
that the Secretary determines to be an appropriate contribution
toward the monetary amount required for the non-Federal share.
Section 104(f) authorizes the Corps of Engineers to carry
out interim habitat restoration activities before the Council
completes an estuary habitat restoration strategy.
Section 104(g) requires cooperation of non-Federal
interests and allows a nongovernmental organization to serve as
the non-Federal interest for a project, upon the recommendation
of the Governor of the State in which a project is located, and
in consultation with appropriate local officials.
Section 104(h) authorizes the Secretary of the Army to
delegate project implementation to other Federal agencies,
after considering the advice and recommendations of the Estuary
Habitat Restoration Council.
Conference substitute
The Conference substitute substantially adopts the House
estuary habitat program structure.
Unlike the Senate bill, the House amendment does not
authorize grants. The House amendment provides that the
Secretary of the Army is responsible for implementing estuary
habitat restoration projects, similar to the responsibilities
in carrying out water resources projects under Water Resources
Development Acts. The Conference substitute adopts the House
approach. However, in the context of estuary habitat
restoration projects, it is expected that the Corps of
Engineers will streamline its process for review and selection
of projects. In particular, it is expected that the Corps will
not need to conduct a Feasibility Study, or prepare a Chief's
Report, for an estuary habitat restoration project because the
Council will have already reviewed and evaluated a project
proposal for technical feasibility, merit, and cost-
effectiveness. The Corps is also strongly encouraged to keep
its oversight and review costs and time to carry out projects
to a minimum.
The Conference substitute makes several modifications to
the House amendment. First, the Conference substitute enhances
the role of the Estuary Habitat Restoration Council established
under section 105 of the House amendment in the selection of
estuary habitat restoration projects. In the House amendment,
the Secretary of the Army selects projects after considering
the advice and recommendations of the Council. Section
104(c)(1) of the Conference substitute directs the Secretary to
select projects from a list developed and submitted by the
Council. The Council is to review all project proposals
submitted and prepare a list of eligible projects that meet the
statutory criteria. The Council also is to prioritize the
listed projects and make any recommendations regarding whether
the projects should be delegated to other Federal agencies for
implementation. The Secretary must select projects from that
list; the Secretary may not use funds provided under this
program to implement estuary habitat restoration projects that
are not included on the list submitted by the Council.
The Conference substitute also makes minor revisions to
the structure of the project selection process. The Conference
substitute retains the factors for selection of a project from
the House amendment and adds two factors from the Senate bill:
technical feasibility, and whether the project is part of an
approved Federal estuary management or habitat restoration
plan.
The Conference substitute adds an innovative technology
cost-share provision to section 104(d), based on similar
language from section 107(e) of the Senate bill. New section
104(d)(2) provides that the Federal cost-share for the
incremental additional cost of implementing innovative
technologies in a project shall be 85 percent. The intent of
this increased cost-share is to encourage the use of innovative
technologies. Consistent with the stated purposes of this
title, it is expected that NERRs will identify some of the
innovative technologies that might be eligible for funding.
The Conference substitute also includes a new section
104(d)(4) on operation and maintenance costs that specifies
that non-Federal interests shall be responsible for all costs
associated with operating, maintaining, replacing, repairing
and rehabilitating all projects carried out under this section.
Section 104(f) of the Conference substitute retains
language from both the Senate bill and the House amendment that
allows nongovernmental organizations to serve as the non-
Federal interest in an estuary habitat restoration project with
one modification. Under the Conference substitute, the
Secretary is required to consult and coordinate with
appropriate State and local agencies and tribes before allowing
a nongovernmental organization to act as the non-Federal
interest.
In selecting estuary habitat restoration projects, the
Conferees direct the Secretary to give priority consideration
to the Wetlands Recovery Project for the Los Cerritos Wetlands
in Los Angeles County, California, and to a proposed project
for restoration of estuary habitat in the Great Bay Estuary in
New Hampshire.
SECTION 105. ESTABLISHMENT OF ESTUARY HABITAT RESTORATION COUNCIL
Senate bill
Section 105 of the Senate bill establishes an interagency
Collaborative Council chaired by the Secretary of the Army,
with the participation of the Department of Commerce, acting
through the Under Secretary for Oceans and Atmosphere; the
Administrator of the Environmental Protection Agency (EPA);
and, the Secretary of the Interior, acting through the Fish and
Wildlife Service.
Section 106 establishes the duties of the Collaborative
Council. Section 106(a) requires the Council to draft a
strategy that will serve as a national framework for restoring
estuaries. Under section 106(b), the Council is also
responsible for reviewing project applications and determining
the eligibility of specific proposals for funding.
House amendment
Section 105 of the House amendment establishes the
national Estuary Habitat Restoration Council. The Council's
function is to review project proposals and make
recommendations on projects and priorities to the Secretary.
The Council also makes recommendations regarding whether
specific projects should be delegated to other agencies for
implementation. In addition, the Council is responsible for
developing and periodically reviewing, and updating as
necessary, a national strategy to restore estuary habitat and
is to provide advice on monitoring and reporting requirements
under this title. Under section 106, the Council is also
directed to establish an Advisory Board, which provides advice
and recommendations to the Council on the strategy and in the
consideration of project proposals.
The Council has six members, including the Secretaries of
the Army, the Interior (acting through the Director of the Fish
and Wildlife Service), Commerce (acting through the Under
Secretary for Oceans and Atmosphere), and Agriculture; the
Administrator of EPA; and the head of any other Federal agency
designated by the President.
Conference substitute
The Conference substitute adopts the House amendment with
several amendments. First, in section 105(b), the Conference
substitute revises the Estuary Habitat Restoration Council's
duties so that the Council shall have a greater role in
recommending projects for the Secretary to carry out or to
delegate to another agency to carry out. The House amendment
directs the Council to solicit, review, and evaluate project
proposals and make recommendations to the Secretary, including
recommending prioritization of projects and delegation of
project implementation to another agency. The Conference
substitute retains these provisions, but includes a requirement
that the Council submit a list of recommended projects to the
Secretary, which shall include prioritization and delegation
recommendations. Section 104 of the Conference substitute
requires the Secretary to select projects from this list.
The Conference substitute also adds a new section 105(i)
that directs the Council to consult with a broad range of
experts in estuary or estuary habitat restoration and with
estuary users to assist in the development of the estuary
habitat restoration strategy developed under section 106. The
Council also shall seek the advice and recommendations of
experts on proposed projects, including the projects'
scientific and technical merit, and feasibility. In particular,
the Council shall consult with scientific experts and
representatives of State, local or regional agencies, and non-
governmental organizations with expertise in estuary or estuary
habitat restoration, as well as Indian Tribes, agricultural
interests, fishing interests, and other estuary users. This
provision is similar to section 106(a)(4) of the Senate bill,
and replaces section 106 in the House amendment that created a
formal advisory board.
SECTION 106. ESTUARY HABITAT RESTORATION STRATEGY
Senate bill
Section 106(a) of the Senate bill requires the
Collaborative Council, in consultation with non-Federal
participants, to draft a strategy that will serve as a national
framework for restoring estuaries. In developing the strategy,
the Council is directed to consider the contributions of
estuary habitat to wildlife; fish and shellfish; surface and
ground water quality and quantity and flood control; outdoor
recreation and other concerns; estimated historic losses of
estuary habitat; and the most appropriate way to balance small
and large estuary habitat restoration projects.
House amendment
Section 107 of the House amendment directs the Council,
in consultation with the advisory board established under
section 106, to develop a national estuary habitat restoration
strategy. The strategy is intended to help maximize the
benefits derived from estuary habitat restoration projects
selected for implementation, and to foster coordination of
Federal and non-Federal efforts to restore estuary habitat. The
Council is directed to publish a draft of the strategy in the
Federal Register and provide a public comment period of
sufficient length to provide a meaningful opportunity for
public review and comment.
Section 107(b) specifically provides that the goal of the
strategy shall be to restore one million acres of estuary
habitat by 2010.
Conference substitute
Section 106 of the Conference substitute adopts the House
amendment with only minor changes. The Conference substitute
specifically adopts the language establishing as the goal of
the strategy the restoration of one million acres of estuary
habitat. This goal is consistent with one of the stated
purposes of the Senate bill.
SECTION 107. MONITORING OF ESTUARY HABITAT RESTORATION PROJECTS
Senate bill
Section 108(a) of the Senate bill directs the Under
Secretary for Oceans and Atmosphere of the Department of
Commerce, acting through the National Oceanic and Atmospheric
Administration (NOAA), to maintain a database of restoration
projects carried out under this title, including information on
project techniques, project completion, monitoring data, and
other relevant information. This section is intended to ensure
that available information will be used to improve the methods
for assuring successful long-term habitat restoration.
House amendment
Section 108 of the House amendment directs the Under
Secretary for Oceans and Atmosphere of the Department of
Commerce, in consultation with the Council, to develop and
maintain, using existing NOAA programs, a database with
information on estuary habitat restoration projects carried out
under this title. The Under Secretary will also develop
monitoring standards for data types and format, as well as for
monitoring frequency.
Conference substitute
Section 107 of the Conference substitute adopts the House
amendment.
SECTION 108. REPORTING
Senate bill
Section 108(b) of the Senate bill directs the Council to
submit a biennial report to Congress that describes program
activities, including the number of acres of estuary habitat
restored; the percent of restored habitat monitored under a
plan; the types of restoration methods employed; the activities
of governmental and non-governmental entities with respect to
habitat restoration; and the effectiveness of the restoration
projects.
House amendment
Section 109 of the House amendment requires the
Secretary, after considering the advice and recommendations of
the Council, to submit a report to Congress at the end of the
third and fifth fiscal years after enactment of this title. The
report must include information on the number of acres of
estuary habitat restored; information from the database related
to ongoing monitoring projects; an estimate of the long-term
success of varying restoration techniques; a review of how the
information on restoration techniques has been incorporated
into the selection and implementation of estuary habitat
restoration projects; and a review of efforts to maintain an
appropriate database of habitat restoration projects.
Conference substitute
Section 108 of the Conference substitute adopts the House
amendment.
SECTION 109. FUNDING
Senate bill
Section 111 of the Senate bill authorizes a total of $315
million over five years to assist States and other non-Federal
persons in carrying out estuary habitat restoration projects as
follows: $40 million for fiscal year 2001; $50 million for
fiscal year 2002; and, $75 million for each of fiscal years
2003 through 2005.
House amendment
Section 110 of the House amendment authorizes a total of
$200 million over five years for the Secretary of the Army to
carry out and provide technical assistance for estuary habitat
restoration projects as follows: $30 million for fiscal year
2001; $35 million for fiscal year 2002; and $45 million for
each of fiscal years 2003 through 2005. Of the annual
authorizations, the Secretary may use no more than three
percent, or $1.5 million, whichever is greater, for
administration and operation of the Council.
The House amendment also authorizes $1.5 million for each
of fiscal years 2001 through 2005 for NOAA to acquire,
maintain, and manage monitoring data on estuary habitat
restoration projects.
Conference substitute
Section 109 of the Conference substitute adopts the House
amendment with an amendment. It authorizes a total of $275
million over five years to carry out and provide technical
assistance for estuary habitat restoration projects as follows:
$40 million for fiscal year 2001; $50 million for fiscal years
2002 and 2003; $60 million for fiscal year 2004; and $75
million for fiscal year 2005.
SECTION 110. GENERAL PROVISIONS
Senate bill
Section 113(a) of the Senate bill specifies that the
Secretary of the Army has the authority to carry out estuary
habitat restoration projects.
Section 113(b) makes certain sections of the Water
Resources Development Act of 1986 inapplicable to this title.
Section 113(c) adds estuary habitat restoration as a
mission of the Corps of Engineers.
Section 113(d) allows other Federal agencies to provide
assistance to the Collaborative Council.
Section 113(e) requires an analysis of the personnel and
funding needed for the Collaborative Council.
House amendment
Section 111(a) of the House amendment requires the
Secretary of the Army to consult with other Federal agencies,
as necessary.
Section 111(b) authorizes the Secretary of the Army to
enter into cooperative agreements with Federal, State, and
local agencies and other entities.
Section 111(c) authorizes other Federal agencies to
cooperate in carrying out this title.
Section 111(d) requires the Secretary of the Army to
identify and map sites appropriate for beneficial uses of
dredged material.
Section 111(e) requires EPA to conduct a study of the
efficacy of bioremediation products.
Conference substitute
Section 110 of the Conference substitute adopts the House
amendment. The Secretary of the Army is to carry out this title
in accordance with the provisions of this title, not Water
Resources Development Acts.
Title II--Chesapeake Bay Restoration
The Chesapeake Bay (the Bay) is the largest estuary in
the United States, and the first estuary in the nation to be
targeted for restoration as a single ecosystem. The Bay covers
4,431 square miles, and the Bay watershed covers 64,000 square
miles including areas of Delaware, Maryland, New York,
Pennsylvania, Virginia, West Virginia, and the District of
Columbia. Over 100,000 streams and rivers drain into the Bay,
with the Susquehanna River draining 42 percent of the
watershed. The Bay is a national and regional resource that
provides millions of pounds of seafood, functions as a center
for shipping and commerce and is home to thousands of species
of wildlife. In 1983, Maryland, Pennsylvania, Virginia, the
District of Columbia, and EPA signed the Chesapeake Bay
Agreement (the Agreement), which established the Chesapeake Bay
Program.
The Chesapeake Bay Program has evolved considerably since
1983 and has become a model for other estuary restoration and
protection programs around the world. The 1987 amendments to
the Agreement expanded the initial restoration efforts by
targeting nutrient over-enrichment as the Bay's major problem
and establishing a goal to reduce nutrients flowing into the
Bay by 40 percent. This Agreement included 28 other specific
commitments to address key issues in habitat, water quality,
population growth, public information and public access. The
1992 amendments to the Agreement moved the program upriver and
committed the 40 percent nutrient reduction goal to the ten
major tributaries of the Bay beyond the year 2000.
The Water Quality Act of 1987 formally authorized EPA's
participation in the Chesapeake Bay Program by adding section
117 to the Clean Water Act. Section 117 created the Chesapeake
Bay Program office within EPA. The office helps to coordinate
State and Federal efforts to restore and protect the Bay, makes
information available to the public and conducts scientific
research on the Bay. Section 117 authorized $3 million a year
for fiscal years 1987 through 1990 to support the activities of
the Chesapeake Bay Program office, and $10 million a year for
fiscal years 1987 through 1990 for matching interstate
development grants.
Title II of the Conference substitute amends section 117
of the Clean Water Act and reauthorizes the Chesapeake Bay
Program. Title II of the Senate bill and the House amendment
also amend section 117 of the Clean Water Act, and are
substantially the same. The Conferees adopted the House
amendment with the following amendments:
In new section 117(d), the Conference substitute adopts
language from the Senate bill authorizing EPA to make
assistance grants to non-Federal entities to carry out this
section. Such grants may include assistance for monitoring
activities, data collection, and research.
In new section 117(g), the Conference substitute adopts
language from the Senate bill that requires the Administrator
to ensure that management plans are developed and
implementation is begun by signatories of the Agreement not
only to achieve, but also to maintain, the goals of that
Agreement.
In new section 117(j), the Conference substitute
authorizes $40 million for each of fiscal years 2001 through
2005 to carry out this section.
Title III--National Estuary Program
Title III of the Conference substitute amends section 320
of the Clean Water Act and reauthorizes the NEP. This title is
substantially similar to title III in the House amendment and
section 112 of the Senate bill. The Conferees adopted title III
of the House amendment with amendments. Differences between the
Senate bill, House amendment and Conference substitute are as
follows:
SECTION 301. ADDITION TO NATIONAL ESTUARY PROGRAM
Senate bill
The Senate bill did not have a comparable provision.
House amendment
Section 301 of the House amendment amends section
320(a)(2)(B) of the Clean Water Act to identify two additional
estuaries as priorities for inclusion in the NEP.
Conference substitute
Section 301 of the Conference substitute identifies only
one additional estuary, Lake Pontchartrain Basin, as a priority
for inclusion in the NEP.
SECTION 302. GRANTS
Senate bill
Section 112(a) of the Senate bill amends section
320(g)(2) of the Clean Water Act to provide explicit authority
for EPA to make grants to implement CCMPs. Examples of
implementation activities include: enhanced monitoring
activities; habitat mapping; habitat acquisition; best
management practices to reduce urban and rural polluted runoff;
and, the organization of workshops for local elected officials
and professional water quality managers about habitat and water
quality issues.
House amendment
Section 302 of the House amendment amends both paragraphs
(2) and (3) of section 320(g) of the Clean Water Act. The
amendment to paragraph (2) is identical to the Senate bill. The
amendment to paragraph (3) establishes a Federal cost-share of
up to 50 percent for implementation grants. Under this title,
construction of projects that are treatment works as defined in
the Clean Water Act will be subject to the requirements of the
Davis-Bacon Act as provided in Section 513 of the Clean Water
Act. Some of the construction authorized by the reported bill
may not come within the definition of treatment works. The
House has not addressed the issue of whether these construction
projects should be covered by the Davis-Bacon Act, and the
House amendment should not be considered as a precedent on this
issue.
Conference substitute
Section 302 of the Conference substitute adopts the House
amendment.
SECTION 303. AUTHORIZATION OF APPROPRIATIONS
Senate bill
Section 112(b) of the Senate bill authorizes $25 million
for each of fiscal years 2001 and 2002 to carry out section 320
of the Clean Water Act.
House amendment
Section 303 of the House amendment authorizes $50 million
for each of fiscal years 2000 through 2004 to carry out section
320 of the Clean Water Act.
Conference substitute
Section 303 of the Conference substitute authorizes $35
million for each of fiscal years 2001 through 2005 to carry out
section 320 of the Clean Water Act.
Title IV--Long Island Sound Restoration
Title IV of the Conference substitute amends section 119
of the Clean Water Act and reauthorizes the Long Island Sound
program. This title is similar to title V in the House
amendment and title III in the Senate bill. The Conferees
adopted title V of the House amendment with amendments.
Differences between the Senate bill, House amendment and
Conference substitute are as follows:
SECTION 402. INNOVATIVE METHODOLOGIES AND TECHNOLOGIES
Senate bill
The Senate bill did not have a comparable section.
House amendment
Section 502 of the House amendment amends section
119(c)(1) of the Clean Water Act to encourage the Long Island
Sound Office to assist and support efforts to establish, within
the process for granting watershed general permits, a system
for trading nitrogen credits and any other measures that are
cost-effective and consistent with the goals of the CCMP for
Long Island Sound. This amendment does not affect any existing
regulatory authorities under the Clean Water Act.
Conference substitute
Section 402 of the Conference substitute amends the House
amendment regarding the duties of the Long Island Sound Office.
The amendment to section 119(c)(1) of the Clean Water Act
encourages the Office to assist in the implementation of the
Long Island Sound CCMP, including efforts, within the process
of granting a watershed general permit, to promote innovative
methodologies and technologies, and other cost effective
measures consistent with the goals of the CCMP. EPA should
support innovative methodologies and technologies through out
the program.
This assistance is to be provided under the existing
authorities of the Clean Water Act and the laws of New York and
Connecticut, or any subsequent amendments to such authorities
or laws. The amendment does not affect any existing statutory
or regulatory authorities under the Clean Water Act.
SECTION 403. ASSISTANCE FOR DISTRESSED COMMUNITIES
Senate bill
The Senate bill did not have a comparable section.
House amendment
Section 503 of the House amendment amends section 119 of
the Clean Water Act by adding a new subsection authorizing New
York and Connecticut to use their state revolving funds,
established under title VI of the Clean Water Act, to provide
additional subsidization when making a loan to a distressed
community for the purposes of assisting the implementation of
the CCMP for Long Island Sound. The total amount of loan
subsidies made by a State may not exceed 30 percent of the
amount of the capitalization grant received by the State for a
year.
Under this section, the States of New York and
Connecticut would establish affordability criteria, after
public review and comment, to be used to determine which
communities are distressed. In establishing these criteria, the
States must consider the extent to which the rate of growth of
a community's tax base has been historically slow such that
implementing the CCMP would result in significant increases in
any water or sewer rate charged by the community's publicly-
owned wastewater treatment facility. EPA is authorized to
publish information to assist States in establishing
affordability criteria. A State is authorized to give priority
to distressed communities in making assistance available under
this section for the upgrading of wastewater treatment
facilities.
Conference substitute
Section 403 of the Conference substitute adopts the House
amendment with an amendment. The Conference substitute does not
adopt the provisions of the House amendment allowing loan
subsidies for loans made to distressed communities from a
State's revolving loan funds. The Conference substitute
addresses distressed communities by allowing EPA to give
distressed communities, which are upgrading wastewater
treatment facilities, priority in making assistance available
under section 119(d). A distressed community is any community
that meets affordability criteria established by the State in
which the community is located, after public review and
comment.
SECTION 404. REAUTHORIZATION OF APPROPRIATIONS
Senate bill
Section 404 of the Senate bill authorizes $10 million for
each of fiscal years 2001 through 2006 to carry out section
119(d) of the Clean Water Act.
House amendment
Section 504 of the House amendment authorizes $80 million
for each of fiscal years 2000 through 2003 to carry out section
119(d) of the Clean Water Act.
Conference substitute
Section 404 of the Conference substitute authorizes $40
million for each of fiscal years 2001 through 2005 to carry out
section 119(d) of the Clean Water Act.
Title V--Lake Pontchartrain Basin Restoration
Title V of the Conference substitute amends title I of
the Clean Water Act adding a new section 121 establishing the
Lake Pontchartrain Basin Restoration Program within EPA. This
title is substantially similar to title VI of the House
amendment. The Senate bill had no comparable title. The
Conferees agreed to adopt title VI of the House amendment with
amendments. Differences between the House amendment and
Conference substitute are as follows:
SECTION 502. LAKE PONTCHARTRAIN BASIN
House amendment
Section 602 of the House amendment states a Congressional
finding that the Lake Pontchartrain Basin is an estuary of
national significance. It amends section 320(a)(2)(B) of the
Clean Water Act to add the Lake Pontchartrain Basin to the list
of estuaries to receive priority consideration for inclusion in
the NEP.
Section 603 adds a new section 122 to title I of the
Clean Water Act that establishes a Lake Pontchartrain Basin
Program within EPA. The purpose of the program is to restore
the ecological health of the Basin by developing and funding
restoration projects and related scientific and public
education projects.
To carry out the program, the new section 122 requires
EPA: to provide administrative and technical assistance to a
management conference for the Lake Pontchartrain Basin convened
under the NEP; to assist and support the activities of the
management conference, including implementation of
recommendations of the management conference; to support
environmental monitoring of the Basin and research to provide
necessary technical and scientific information; to develop a
comprehensive research plan to address the technical needs of
the program; to coordinate the grant, research, and planning
programs authorized under this section; and to collect, and
make available to the public, publications and other forms of
information that the management conference determines to be
appropriate relating to the environmental quality of the Basin.
The new section 122 authorizes $5 million in EPA grants
for each of fiscal years 2001 through 2005 for restoration
projects and studies and for public education projects
recommended by the management conference, although no more than
15 percent of annual appropriations should be spent on grants
for public education projects. It also authorizes $100 million
in EPA grants for an inflow and infiltration project sponsored
by the New Orleans Sewerage and Water Board and Jefferson
Parish, Louisiana.
Conference substitute
Section 502 of the Conference substitute adopts the House
amendment with amendments. The substitute authorizes $20
million in funding for the Lake Pontchartrain Basin Program for
each of fiscal years 2001 through 2005, and deletes the
specific authorization for funding for the inflow and
infiltration project.
The Conferees agreed to clarify several issues in House
Transportation and Infrastructure Committee Report 106-594. In
particular, the list of participants in the management
conference to be convened to carry out the Lake Pontchartrain
Basin Restoration Program in Report 106-594 is not exclusive.
The management conference should be broad-based, and may also
include local government representatives and representatives
from affected industries and the general public, as determined
under section 320(c). The Conferees also intend for the
management conference to consult with the executives of all 16
Louisiana parishes and appropriate local government officials
of four Mississippi counties located in the Lake Pontchartrain
Basin. Further, priority should be given to funding for a
parish-wide water and sewer systems study in Tammany Parish.
Title VI--Alternative Water Sources
Title VI of the Conference substitute amends title II of
the Clean Water Act adding a new section 220 establishing a
pilot program for alternative water sources. This title is
similar to title VII of the House amendment. The Senate bill
had no comparable title. The Conferees adopted title VII of the
House amendment with amendments. Differences between the House
amendment and Conference substitute are as follows:
SECTION 602. PILOT PROGRAM FOR ALTERNATIVE WATER SOURCES
House amendment
Section 702 of the House amendment amends the Clean Water
Act by adding a new section 220, ``Grants for Alternative Water
Source Projects.''
Section 220(a) authorizes EPA to make grants for
alternative water source projects to meet critical water supply
needs.
Section 220(b) specifies that eligibility for grants is
restricted to those entities with authority under State law to
develop or provide water for municipal and industrial, or
agricultural uses in areas that are experiencing critical water
supply needs.
Section 220(c)(1) prohibits a project that has received
funds under the Bureau of Reclamation's water reclamation and
reuse program from being eligible for grant assistance under
this section. Section 220(c)(2) requires EPA to consider
whether a project is eligible under the Bureau of Reclamation's
water reclamation and reuse program when selecting projects for
grants under this section.
Section 220(d)(1) prohibits the appropriation of funds
for a project with a Federal cost greater than $3 million if
the project has not been approved by a resolution adopted by
either the House or Senate authorizing committee of
jurisdiction. In order to secure the appropriate authorizing
committee's consideration of a committee resolution for a
proposed project, section 220(d)(2) requires EPA and the non-
Federal sponsor for the proposed project to provide to the
Committee the required information on the project, including
project costs, and area water supply needs.
Section 220(e) provides that grant funding received under
this section may be used for engineering, design, construction,
and final testing of alternative water source projects designed
to meet critical water supply needs. Such grant funding may not
be used for operation, maintenance, replacement, repair or
rehabilitation of such projects.
Section 220(f) provides that the Federal cost-share for a
project receiving assistance under this section shall not
exceed 50 percent of the eligible costs.
Section 220(g)(1) requires that each recipient of a grant
under this section submit a report to EPA on the eligible
activities carried out by the recipient using grant funding.
This report shall be submitted to EPA no later than 18 months
after the date the recipient receives grant funding and every
two years thereafter, until the alternative water source
project funded by the grant is complete. Section 220(g)(2)
requires EPA to submit a report to Congress on the progress
made toward meeting the critical water supply needs of the
grant recipients under this section. This report is to be
transmitted to Congress on or before September 30, 2004.
Section 220(h) defines key terms. ``Alternative Water
Source Project'' means a project designed to provide municipal,
industrial, and agricultural water supplies in an
environmentally sustainable manner by conserving, managing,
reclaiming, or reusing water or wastewater or by treating
wastewater. These projects fall within the definition of
treatment works in section 212 of the Clean Water Act. All such
projects, including wastewater treatment projects, should be
designed to provide water supplies in an environmentally
sustainable manner. ``Critical Water Supply Needs'' means
existing or reasonably anticipated future water supply needs
that cannot be met by existing water supplies, as identified in
a comprehensive statewide or regional water supply plan or
assessment projected over a planning period of at least 20
years.
To carry out the new section 220, section 220(i)
authorizes $75 million for each of fiscal years 2000 through
2004.
Conference substitute
Section 602 of the Conference substitute adopts the House
amendment with amendments, including narrowing the title to a
pilot program.
Section 220(a) is added stating that nothing in the pilot
program shall affect the application of section 101(g) of the
Clean Water Act, which states Congressional policy that nothing
in the Act shall supersede State authority to allocate water
quantities or State rights to such quantities.
Section 220(d)(3) is added to require selected projects
to reflect a variety of geographical and environmental
conditions.
Section 220(h) is revised to require EPA to report to
Congress on the results of the pilot program, including
progress made by program participants in meeting their critical
water supply needs.
In section 220(i)(1), the definition of ``Alternative
Water Source Project'' adopts the House definition with a
clarification that such term does not include water treatment
or distribution facilities.
Section 220(j) authorizes a total of $75 million for the
pilot program for fiscal years 2002 through 2004.
Title VII--Clean Lakes
Title VII of the Conference substitute reauthorizes and
amends the Clean Lakes Program under section 314 of the Clean
Water Act. This title is substantially similar to title VIII of
the House amendment. The Senate bill had no comparable title.
The Conferees adopted title VIII of the House amendment with
amendments. Differences between the House amendment and
Conference substitute are as follows:
SECTION 702. DEMONSTRATION PROGRAM
House amendment
Section 801 of the House amendment amends section
314(c)(2) of the Clean Water Act by authorizing $50 million for
grants to States to implement the Clean Lakes Program for each
of fiscal years 2001 through 2005.
Section 802 amends section 314(d) of the Clean Water Act
by: adding several lakes to the list of lakes to receive
priority consideration for demonstration projects in paragraph
(2); preventing the report to Congress on the Clean Lakes
demonstration program in paragraph (3) from expiring under the
Federal Reports Elimination and Sunset Act of 1995; and,
increasing the special authorization of financial assistance to
States to carry out methods and procedures to mitigate harmful
effects of high acidity from acid deposition or acid mine
drainage in paragraph (4) from $15 million to $25 million.
Conference substitute
Section 702 of the Conference substitute amends section
314(d)(2) of the Clean Water Act authorizing demonstration
projects to be undertaken in the following lakes, in addition
to those in the House amendment: Lake Tahoe, California and
Nevada; Highland Lake, Connecticut; Lake Apopka and
Tohopekaliga Lake, Florida; Lake Allatoona, Georgia; Walker
Lake, Nevada; Baboosic Lake and French Pond, New Hampshire;
Lily Lake and Strawbridge Lake, New Jersey; Lake George, New
York; Dillon Reservoir, Ohio; Ten Mile Lakes, and Woahink Lake,
Oregon; and, Lake Wallenpaupack, Pennsylvania.
Title VIII--Tijuana River Valley Estuary and Beach Cleanup
Title VIII of the Conference substitute authorizes
certain actions to address the comprehensive treatment of
sewage emanating from the Tijuana River to reduce water
pollution in the San Diego, California border region. This
title is substantially similar to title X of the House
amendment. The Senate bill had no comparable title. The
Conferees adopted title X of the House amendment with
amendments. Differences between the House amendment and
Conference substitute are as follows:
SECTION 804. ACTIONS TO BE TAKEN BY THE COMMISSION AND THE
ADMINISTRATOR
House amendment
Subject to the negotiation and conclusion of a new treaty
minute or amendment to Minute 283, section 1004(a) of the House
amendment authorizes and directs the International and Boundary
Water Commission (the Commission) to provide secondary
treatment for a total of not more than 50 million gallons per
day (mgd) in Mexico of both primary advanced effluent pumped
from the International Wastewater Treatment Plant (IWTP) in San
Diego and any additional sewage emanating from the Tijuana
River area in Mexico.
Section 1004(b) directs EPA to develop a comprehensive
plan with stakeholder involvement within two years of the date
of enactment of the title. The comprehensive plan will analyze
the long-term secondary treatment needs for the San Diego-
Tijuana border region, and make recommendations for preferred
options to provide additional treatment capacity for future
flows emanating from the Tijuana River area. If the
comprehensive plan includes a recommendation for additional
treatment capacity to be provided in Mexico rather than in the
U.S., the Commission is authorized to provide not more than an
additional 25 mgd of such capacity in Mexico.
Subject to the availability of appropriations, section
1004(c) authorizes the Commission to enter into a fee-for-
services contract and make payments on behalf of the U.S. for
treatment services rendered under the contract with the owner
of a Mexican facility. Section 1004(c)(2) requires the contract
to include, at a minimum, the terms listed in the following
subparagraphs:
(A) that the advanced primary effluent from the IWTP be
transported to the Mexican facility;
(B) that the advanced primary effluent from the IWTP be
treated to the secondary treatment level in compliance with
U.S., California, and Mexican water quality laws;
(C) that any effluent treated at the Mexican facility not
reused in Mexico or the U.S. is returned for discharge through
the South Bay Ocean Outfall off the coast of San Diego, and
that it is in compliance with U.S. and California water quality
laws;
(D) that the Mexican facility may provide sewage
treatment capacity in addition to the capacity needed to treat
the advanced primary effluent pumped from the IWTP, if
recommended as a preferred option in the EPA comprehensive plan
analyzing the long-term treatment needs and recommending
preferred options to provide such treatment;
(E) that the contract has a term of 30 years;
(F) that arrangements are made for the monitoring,
verification, and enforcement of compliance with U.S.,
California and Mexican water quality standards;
(G) that arrangements are made for the disposal and use
of sludge in Mexico, which is from the IWTP and the Mexican
facility;
(H) that the Commission pays an annual fee to the owner
of the Mexican facility covering the costs of development,
financing, construction, and operation and maintenance of the
facility;
(I) that, if the Commission fails to perform its
contractual obligations, the ownership of the facility is
transferred to the U.S. after the U.S. pays a cancellation fee
to the owner of the facility, which reflects the costs of
repayment of construction debt and other contractual losses
resulting from early termination of the contract. The
cancellation fee owed to the owner of the facility shall be in
amounts declining over the term of the contract;
(J) that, if the owner of the Mexican facility fails to
perform its contractual obligations, ownership of the facility
will be transferred to the U.S. without a cancellation fee;
(K) that the owner of the Mexican facility uses
competitive procedures to the extent practicable in the
procurement of property or services for the engineering,
construction, and operation and maintenance of the facility;
(L) that the Commission may review and approve the
contractors providing for the engineering, construction, and
operation and maintenance of the facility;
(M) that the owner of the Mexican facility maintains all
records to demonstrate compliance with this section and the
contract; and,
(N) that the U.S. Department of State Inspector General
has access to all pertinent records to conduct audits to ensure
the owner of the Mexican facility is complying with the terms
of this title and the contract.
Section 1004(c)(3) states that the Contract Disputes Act
of 1978 does not apply to a contract executed under this
section.
Section 1004(d) requires the U.S. Department of State
Inspector General to monitor the implementation of contracts
entered into under this section and to evaluate whether the
owner of the Mexican facility has complied with the terms of
the section and fulfilled the contract terms.
Conference substitute
The Conference substitute adopts the House amendment with
several amendments to the contract terms listed in section
804(c)(2).
In order to ensure greater accountability with respect to
the costs of developing, financing, constructing, and operating
and maintaining the facility, the Conference substitute
requires the owner of the facility to share in all of these
costs. New subparagraph (H) requires that the owner of the
facility maintain 20 percent equity in the capital structure of
the facility throughout the term of the contract. Under new
subparagraph (I), the Commission's annual payments shall
maintain the owner's 20 percent equity position throughout the
term of the contract. Revised subparagraph (E) limits the
contract term to 20 years.
The Conference substitute requires, in new subparagraph
(P), that the owner of the facility provide offsets or credits
in the event that the owner is able to sell the treated
wastewater from the facility. The parties negotiating the
contract may determine the amount of offsets or credits.
The Conference substitute also requires the owner of the
facility to competitively bid all subcontracts for the
facility. Revised subparagraph (L) specifically applies title
III of the Federal Property and Administrative Services Act of
1949, as amended by the Competition in Contracting Act.
Finally, the Conference substitute does not provide an
exemption from the Contract Disputes Act.
SECTION 806. AUTHORIZATION OF APPROPRIATIONS
House amendment
Section 1006 of the House amendment authorizes such sums
as necessary to be appropriated to carry out the title.
Conference substitute
Section 806 of the Conference substitute changes the
authorization from ``such sums as necessary to carry out'' the
title to a five-year authorization of $156 million for fiscal
years 2001 through 2005. The Conferees acknowledge that the
title also authorizes the Commission to enter into a 20-year
fee-for-services contract with the owner of a Mexican facility.
The five-year authorization is included to be consistent with
the authorizations throughout the Conference substitute, and
the Conferees do not intend this to affect the Commission's
obligations under the 20-year contract.
Title IX--General Provisions
Other than section 901, this title includes new
provisions that were not in the Senate bill or the House
amendment.
SECTION 901. PURCHASE OF AMERICAN-MADE EQUIPMENT AND PRODUCTS
House amendment
Titles II, VI, VII, and VIII of the House amendment each
contained a provision regarding the purchase of American-made
equipment and products.
Conference substitute
The Conference substitute deletes the relevant provisions
in titles II, VI, VII and VIII in the House amendment, and
replaces them with a new section 901. This section states that
it is the Sense of Congress, to the extent practicable, for all
equipment and products purchased with funds made available
under this Act to be made in America. Also, each Federal agency
head providing financial assistance under this bill is directed
to provide such notice to each recipient of financial
assistance, to the extent practicable.
SECTION 902. LONG-TERM ESTUARY ASSESSMENT
Conference substitute
Section 902 of the Conference substitute authorizes the
Secretary of Commerce and the Secretary of the Interior to
carry out a long-term estuary assessment project for the
Mississippi River south of Vicksburg, Mississippi and the Gulf
of Mexico. The authorized appropriation levels are $1 million
for fiscal year 2001 for the management agreement with a
university-based consortium, and $4 million for each of fiscal
years 2002 through 2005 to carry out the project.
The Conferees are aware that the Center for
Bioenvironmental Research at Tulane University and Xavier
University in New Orleans, Louisiana have formed a university-
based consortium called the ``Long-term Estuary Assessment
Group'' for the purpose of developing advanced long-term
assessment and monitoring systems relating to the Mississippi
River and other aquatic ecosystems and encourages the
Secretaries of Commerce and of the Interior to examine the work
begun by the Center for Bioenvironmental Research and this
consortium when selecting a university-based consortium to
manage this project.
SECTION 903. ALASKA RURAL SANITATION GRANTS
Conference substitute
Section 903 of the Conference substitute amends section
303(e) of the Safe Drinking Water Act Amendments of 1996 by
reauthorizing $40 million for each of fiscal years 2001 through
2005.
ADDITIONAL ITEMS
House amendment
Title IV of the House amendment establishes an EPA grant
program to improve water quality in the Florida Keys. Title IX
establishes an EPA Mississippi Sound restoration program.
Conference substitute
The Conference substitute deletes titles IV and IX of the
House amendment.
Bud Shuster,
Don Young,
Sherwood Boehlert,
Wayne T. Gilchrest,
Tillie K. Fowler,
Don Sherwood,
John E. Sweeney,
Steven T. Kuykendall,
David Vitter,
Jim Oberstar,
Bob Borski,
Jim Barcia,
Bob Filner,
Earl Blumenauer,
John Baldacci,
Managers on the Part of the House.
Bob Smith,
John W. Warner,
Michael D. Crapo,
Max Baucus,
Barbara Boxer,
Managers on the Part of the Senate.