[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4715 Introduced in House (IH)]
111th CONGRESS
2d Session
H. R. 4715
To amend the Federal Water Pollution Control Act to reauthorize the
National Estuary Program, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 2, 2010
Mr. Bishop of New York (for himself and Mr. LoBiondo) introduced the
following bill; which was referred to the Committee on Transportation
and Infrastructure
_______________________________________________________________________
A BILL
To amend the Federal Water Pollution Control Act to reauthorize the
National Estuary Program, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Clean Estuaries Act of 2010''.
SEC. 2. NATIONAL ESTUARY PROGRAM AMENDMENTS.
(a) Purposes of Conference.--
(1) Development of comprehensive conservation and
management plans.--Section 320(b)(4) of the Federal Water
Pollution Control Act (33 U.S.C. 1330(b)(4)) is amended to read
as follows:
``(4) develop and submit to the Administrator a
comprehensive conservation and management plan that--
``(A) identifies the estuary and its associated
upstream waters to be addressed by the plan, with
consideration given to hydrological boundaries;
``(B) recommends priority corrective actions and
compliance schedules addressing point and nonpoint
sources of pollution to restore and maintain the
chemical, physical, and biological integrity of the
estuary, including restoration and maintenance of water
quality, a resilient and diverse indigenous population
of shellfish, fish, and wildlife, and recreational
activities in the estuary, and assure that the
designated uses of the estuary are protected;
``(C) considers current and future sustainable
commercial activities in the estuary;
``(D) addresses the impacts of climate change on
the estuary, including--
``(i) the identification and assessment of
vulnerabilities in the estuary; and
``(ii) the development and implementation
of adaptation strategies;
``(E) increases public education and awareness of
the ecological health and water quality conditions of
the estuary;
``(F) identifies and assesses impairments,
including upstream impairments, coming from outside of
the area addressed by the plan, and the sources of
those impairments; and
``(G) includes performance measures and goals to
track implementation of the plan.''.
(2) Monitoring and making results available.--Section
320(b)(6) of such Act (33 U.S.C. 1330(b)(6)) is amended to read
as follows:
``(6) monitor (and make results available to the public
regarding)--
``(A) water quality conditions in the estuary and
its associated upstream waters, as identified under
paragraph (4)(A);
``(B) habitat conditions that relate to the
ecological health and water quality conditions of the
estuary; and
``(C) the effectiveness of actions taken pursuant
to the comprehensive conservation and management plan
developed for the estuary under this subsection;''.
(3) Information and educational activities.--Section 320(b)
of such Act (33 U.S.C. 1330(b)) is amended--
(A) by redesignating paragraph (7) as paragraph
(8); and
(B) by inserting after paragraph (6) the following:
``(7) provide information and educational activities on the
ecological health and water quality conditions of the estuary;
and''.
(4) Conforming amendment.--The sentence following section
320(b)(8) of such Act (as so redesignated) is amended by
striking ``paragraph (7)'' and inserting ``paragraph (8)''.
(b) Members of Conference.--Section 320(c)(5) of such Act (33
U.S.C. 1330(c)(5)) is amended by inserting after ``institutions,'' the
following: ``not-for-profit organizations,''.
(c) Administration of Plans.--Section 320(f) of such Act (33 U.S.C.
1330(f)) is amended to read as follows:
``(f) Administration of Plans.--
``(1) Approval.--Not later than 120 days after the date on
which a management conference submits to the Administrator a
comprehensive conservation and management plan under this
section, and after providing for public review and comment, the
Administrator shall approve the plan if the Administrator
determines that the plan meets the requirements of this section
and the affected Governor or Governors concur.
``(2) Implementation.--Upon approval of a comprehensive
conservation and management plan under this section, the plan
shall be implemented. Funds authorized to be appropriated under
titles II and VI and section 319 may be used in accordance with
the applicable requirements of this Act to assist States with
the implementation of the plan.
``(3) Evaluation.--
``(A) In general.--Not later than 4 years after the
date of enactment of this paragraph, and every 4 years
thereafter, the Administrator shall complete an
evaluation of the implementation of each comprehensive
conservation and management plan developed under this
section to determine the degree to which the goals of
the plan have been met.
``(B) Review and comment by management
conference.--In completing an evaluation under
subparagraph (A), the Administrator shall submit the
results of the evaluation to the appropriate management
conference for review and comment.
``(C) Report.--
``(i) In general.--In completing an
evaluation under subparagraph (A), and after
providing an opportunity for a management
conference to submit comments under
subparagraph (B), the Administrator shall issue
a report on the results of the evaluation,
including the findings and recommendations of
the Administrator and any comments received
from the management conference.
``(ii) Availability to public.--The
Administrator shall make a report issued under
this subparagraph available to the public,
including through publication in the Federal
Register and on the Internet.
``(D) Special rule for new plans.--Notwithstanding
subparagraph (A), if a management conference submits a
new comprehensive conservation and management plan to
the Administrator after the date of enactment of this
paragraph, the Administrator shall complete the
evaluation of the plan required by subparagraph (A) not
later than 4 years after the date of such submission
and every 4 years thereafter.
``(4) Updates.--
``(A) Requirement.--Not later than 18 months after
the date on which the Administrator makes an evaluation
of a comprehensive conservation and management plan
available to the public under paragraph (3)(C), a
management conference convened under this section shall
submit to the Administrator an update of the plan. The
updated plan shall reflect, to the maximum extent
practicable, the results of the program evaluation.
``(B) Approval of updates.--Not later than 120 days
after the date on which a management conference submits
to the Administrator an updated comprehensive
conservation and management plan under subparagraph
(A), and after providing for public review and comment,
the Administrator shall approve the updated plan if the
Administrator determines that the updated plan meets
the requirements of this section.
``(5) Probationary status.--The Administrator may consider
a management conference convened under this section to be in
probationary status if the management conference has not
received approval for an updated comprehensive conservation and
management plan under paragraph (4)(B) on or before the last
day of the 3-year period beginning on the date on which the
Administrator makes an evaluation of the plan available to the
public under paragraph (3)(C).''.
(d) Federal Agencies.--Section 320 of such Act (33 U.S.C. 1330) is
amended--
(1) by redesignating subsections (g), (h), (i), (j), and
(k) as subsections (h), (i), (j), (k), and (m), respectively;
and
(2) by inserting after subsection (f) the following:
``(g) Federal Agencies.--
``(1) Activities conducted within estuaries with approved
plans.--After approval of a comprehensive conservation and
management plan by the Administrator, any Federal action or
activity affecting the estuary shall be conducted, to the
maximum extent practicable, in a manner consistent with the
plan.
``(2) Coordination and cooperation.--The Secretary of the
Army (acting through the Chief of Engineers), the Administrator
of the National Oceanic and Atmospheric Administration, the
Director of the United States Fish and Wildlife Service, the
Chief of the Natural Resources Conservation Service, and the
heads of other appropriate Federal agencies, as determined by
the Administrator, shall, to the maximum extent practicable,
cooperate and coordinate activities related to the
implementation of a comprehensive conservation and management
plan approved by the Administrator. The Environmental
Protection Agency shall serve as the lead coordinating agency
under this paragraph.
``(3) Consideration of plans in agency budget requests.--In
making an annual budget request for a Federal agency referred
to in paragraph (2), the head of such agency shall consider the
responsibilities of the agency under this section, including
under comprehensive conservation and management plans approved
by the Administrator.
``(4) Monitoring.--The heads of the Federal agencies
referred to in paragraph (2) shall collaborate on the
development of tools and methodologies for monitoring the
ecological health and water quality conditions of estuaries
covered by a management conference convened under this
section.''.
(e) Grants.--
(1) In general.--Section 320(h) of such Act (as
redesignated by subsection (d) of this section) is amended by
adding at the end the following:
``(4) Effects of probationary status.--
``(A) Reductions in grant amounts.--The
Administrator shall reduce, by an amount to be
determined by the Administrator, grants for the
implementation of a comprehensive conservation and
management plan developed by a management conference
convened under this section if the Administrator
determines that the management conference is in
probationary status under subsection (f)(5).
``(B) Termination of management conferences.--The
Administrator shall terminate a management conference
convened under this section, and cease funding for the
implementation of the comprehensive conservation and
management plan developed by the management conference,
if the Administrator determines that the management
conference has been in probationary status for 2
consecutive years.''.
(2) Conforming amendment.--Section 320(i) of such Act (as
redesignated by subsection (d) of this section) is amended by
striking ``subsection (g)'' and inserting ``subsection (h)''.
(f) Authorization of Appropriations.--Section 320(j) of such Act
(as redesignated by subsection (d) of this section) is amended to read
as follows:
``(j) Authorization of Appropriations.--
``(1) In general.--There is authorized to be appropriated
to the Administrator $50,000,000 for each of fiscal years 2011
through 2016 for--
``(A) expenses related to the administration of
management conferences under this section, except that
such expenses shall not exceed 10 percent of the amount
appropriated under this subsection;
``(B) making grants under subsection (h); and
``(C) monitoring the implementation of a
conservation and management plan by the management
conference, or by the Administrator in any case in
which the conference has been terminated.
``(2) Allocations.--Of the sums authorized to be
appropriated under this subsection, the Administrator shall
provide--
``(A) at least $1,250,000 per fiscal year, subject
to the availability of appropriations, for the
development, implementation, and monitoring of each
conservation and management plan eligible for grant
assistance under subsection (h); and
``(B) up to $5,000,000 per fiscal year to carry out
subsection (k).''.
(g) Technical Amendment.--Section 320(k)(1)(A) of such Act (as
redesignated by subsection (d) of this section) is amended by striking
``paramenters'' and inserting ``parameters''.
(h) National Estuary Program Evaluation.--Section 320 of such Act
(33 U.S.C. 1330) is amended by inserting after subsection (k) (as
redesignated by subsection (d) of this section) the following:
``(l) National Estuary Program Evaluation.--
``(1) In general.--Not later than 4 years after the date of
enactment of this paragraph, and every 4 years thereafter, the
Administrator shall complete an evaluation of the national
estuary program established under this section.
``(2) Specific assessments.--In conducting an evaluation
under this subsection, the Administrator shall assess the
effectiveness of the national estuary program in improving
water quality, natural resources, and sustainable uses of the
estuaries covered by management conferences convened under this
section.
``(3) Report.--In completing an evaluation under this
subsection, the Administrator shall issue a report on the
results of the evaluation, including the findings and
recommendations of the Administrator.
``(4) Availability to public.--The Administrator shall make
a report issued under this subsection available to the public,
including through publication in the Federal Register and on
the Internet.''.
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