[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 835 Enrolled Bill (ENR)]
S.835
One Hundred Sixth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Monday,
the twenty-fourth day of January, two thousand
An Act
To encourage the restoration of estuary habitat through more efficient
project financing and enhanced coordination of Federal and non-Federal
restoration programs, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

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(a) Short Title.--This Act may be cited as the ``Estuaries and
Clean Waters Act of 2000''.
(b) Table of Contents.--

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

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TITLE I

-ESTUARY RESTORATION

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.

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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.

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(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.

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(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--
(1) to assist the Council in the development of the estuary
habitat restoration strategy to be developed under section 106; and
(2) 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.

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(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.

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(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.

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(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.

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(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.

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(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.

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

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TITLE II

-CHESAPEAKE BAY RESTORATION

(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.

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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.''.

14ff5d06da53a301efb41cde319b1504946a418bd89f57656e74c1541344d205

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.''.

6a5a04968a0f23e8bf770f5f57df9fe85a71b2332a6e0b5c7187f22465e81104

TITLE III

-NATIONAL ESTUARY PROGRAM.

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.''.

c36bedf03ed0013a4849367d11a68680ca29de44ef6426ae60e0377b17f46f65

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''.

71c4758a07ee46e6c382a5b3bf05c94dbb8dc5256a1235d5bd56284e6bb37ce1

This title may be cited as the ``Long Island Sound Restoration
Act''.

021fb6be8b29cf82fcb011cbc4abe6c26071aa6524d9fdfe9dc467fb860ab8cc

TITLE IV

-LONG ISLAND SOUND RESTORATION

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.

4d3c9b8d437dc05ed468576745dfaa60bffd5cce7e5853c66914103b29e2311f

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.''.

f5fb385e1c08032fb346db2a3a8a87469aa4c2b0a44fc951644186fa8be82fee

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''.

8a07c350a6c1b969b196919b3a5bfa906a50da96d09d25664484801c38fef229

This title may be cited as the ``Lake Pontchartrain Basin
Restoration Act of 2000''.

d7110d03059dc075551d8ac6a07c54fe824fa7e670622953692ccd53206cb835

TITLE V

-LAKE PONTCHARTRAIN BASIN RESTORATION

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 than 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).''.

d561da9d405bebd196ba1231ae96bbdc360ea9dcfb83968a6ceac3f2e6a46652

This title may be cited as the ``Alternative Water Sources Act of
2000''.

68175b823c4915e8314f220a90ed9da2e225785134fac36040cbcff3ce95f9ab

TITLE VI

-ALTERNATIVE WATER SOURCES

Title II of 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.''.

34bc974bd4735491b493752f8659e1d6cf9fc8f67978bf7cb5185f41c58ae875

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''.

8a153ba812b48360423c90367e12983e6a5bbe5f4e2c6587d07d4cb99a25cb70

TITLE VII

-CLEAN LAKES

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''.

63a20f3da9c72e57b940e0e1399515ce35fa733be30de4e5e14f386e01efb21f

This title may be cited as the ``Tijuana River Valley Estuary and
Beach Sewage Cleanup Act of 2000''.

6348f929fad1f14fcd4f332c31c613c8f8f5a68785b80fd232f36260f3b1fa15

TITLE VIII

-TIJUANA RIVER VALLEY ESTUARY AND BEACH CLEANUP

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.

de531ffdfa9776815c95339a54a271a97cb4d93c9c710db70d82d04b8b449f60

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.

3d4bc12e9c62d22d65a0d754b23dc928a5984aa41c40d67d3e644a2a40882e3e

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.

1c8d8cd37db1d6612406fe229341487e177afd634b9745305e2db230da6e2c91

(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.

97b7c6058657642e15ecd387be1b3e10d5ce9cae0bafcca8752e9afa1201c26f

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.

c9ca581cb962c9a550da6e7ba9e5394826a4f3dd7649e62019717de6e9d000ab

(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).

fcef06da5e093774d0fdc4020a3a4482e8630b33c1c5e235bef626b1e5b6d5c2

TITLE IX

-GENERAL PROVISIONS

(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.

a70a0bcdd34079c35356a255e14051314edea79806b91d84393e5384292e3436

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.''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

fc822a755ad3398ea89ce09b674820f846631035a4ab7f62d1134ed5f3274fcd

Estuary Habitat Restoration Partnership Act of 2000 — S. 835

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