[106th Congress Public Law 457]
[From the U.S. Government Printing Office]
<DOC>
[DOCID: f:publ457.106]
[[Page 114 STAT. 1957]]
Public Law 106-457
106th Congress
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. <<NOTE: Nov. 7,
2000 - [S. 835]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress <<NOTE: Estuaries and Clean Waters
Act of 2000.>> assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) <<NOTE: 33 USC 2901 note.>> 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.
[[Page 114 STAT. 1958]]
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 <<NOTE: Estuary Restoration Act of 2000.>>
SEC. 101. SHORT TITLE. <<NOTE: 33 USC 2901 note.>>
This title may be cited as the ``Estuary Restoration Act of 2000''.
SEC. 102. PURPOSES. <<NOTE: 33 USC 2901.>>
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. <<NOTE: 33 USC 2902.>> 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.
[[Page 114 STAT. 1959]]
(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).
[[Page 114 STAT. 1960]]
(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. <<NOTE: 33 USC 2903.>> 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.
[[Page 114 STAT. 1961]]
(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.
[[Page 114 STAT. 1962]]
(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 <<NOTE: 33 USC 2904.>> 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).
[[Page 114 STAT. 1963]]
(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) <<NOTE: Deadline.>> 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.
SEC. <<NOTE: 33 USC 2905.>> 106. ESTUARY HABITAT RESTORATION STRATEGY.
(a) <<NOTE: Deadline.>> 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.
[[Page 114 STAT. 1964]]
(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) <<NOTE: Federal Register, publication.>> 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 <<NOTE: 33 USC 2906.>> 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.
[[Page 114 STAT. 1965]]
(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. <<NOTE: 33 USC 2907.>> 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. <<NOTE: 33 USC 2908.>> 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.
[[Page 114 STAT. 1966]]
(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. <<NOTE: 33 USC 2909.>> 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) <<NOTE: Deadline.>> 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.
[[Page 114 STAT. 1967]]
TITLE II--CHESAPEAKE BAY RESTORATION <<NOTE: Chesapeake Bay Restoration
Act of 2000. State listing.>>
SEC. 201. SHORT TITLE. <<NOTE: 33 USC 1251 note.>>
This title may be cited as the ``Chesapeake Bay Restoration Act of
2000''.
SEC. 202. FINDINGS AND PURPOSES. <<NOTE: 33 USC 1267 note.>>
(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.
[[Page 114 STAT. 1968]]
``(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) <<NOTE: Government organization.>> 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.--
[[Page 114 STAT. 1969]]
``(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.
[[Page 114 STAT. 1970]]
``(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) <<NOTE: Deadline. Public information.>> 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
[[Page 114 STAT. 1971]]
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) <<NOTE: Deadline.>> 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) <<NOTE: Deadline.>> 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
[[Page 114 STAT. 1972]]
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''.
[[Page 114 STAT. 1973]]
TITLE IV--LONG ISLAND SOUND RESTORATION <<NOTE: Long Island Sound
Restoration Act.>>
SEC. 401. SHORT TITLE. <<NOTE: 33 USC 1251 note.>>
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 <<NOTE: Lake Pontchartrain
Basin Restoration Act of 2000.>>
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:
[[Page 114 STAT. 1974]]
``SEC. 121. LAKE PONTCHARTRAIN BASIN. <<NOTE: 33 USC 1273.>>
``(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) <<NOTE: Public information.>> 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).''.
[[Page 114 STAT. 1975]]
TITLE VI--ALTERNATIVE WATER SOURCES <<NOTE: Alternative Water Sources
Act of 2000.>>
SEC. 601. SHORT TITLE. <<NOTE: 33 USC 1251 note.>>
This title may be cited as the ``Alternative Water Sources Act of
2000''.
SEC. 602. PILOT PROGRAM FOR ALTERNATIVE WATER SOURCE PROJECTS.
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. <<NOTE: 33 USC 1300.>>
``(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.
[[Page 114 STAT. 1976]]
``(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) <<NOTE: Deadline.>> 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;
[[Page 114 STAT. 1977]]
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 <<NOTE: Tijuana River Valley Estuary and Beach Sewage Cleanup
Act of 2000. Mexico.>>
SEC. 801. SHORT TITLE. <<NOTE: 22 USC 277d-43 note.>>
This title may be cited as the ``Tijuana River Valley Estuary and
Beach Sewage Cleanup Act of 2000''.
SEC. 802. PURPOSE. <<NOTE: 22 USC 277d-43 note.>>
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. <<NOTE: 22 USC 277d-43.>>
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.
[[Page 114 STAT. 1978]]
SEC. 804. ACTIONS <<NOTE: 22 USC 277d-44.>> 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) <<NOTE: Deadline.>> 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.
[[Page 114 STAT. 1979]]
(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) <<NOTE: Records.>> 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) <<NOTE: Records.>> 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).
[[Page 114 STAT. 1980]]
(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) <<NOTE: Deadline.>> 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. <<NOTE: 22 USC 277d-45.>>
(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
[[Page 114 STAT. 1981]]
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. <<NOTE: 22 USC 277d-46.>>
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 <<NOTE: 33 USC 2901 note.>> 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. <<NOTE: Mississippi. 33 USC 2901
note.>>
(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.
[[Page 114 STAT. 1982]]
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.''.
Approved November 7, 2000.
LEGISLATIVE HISTORY--S. 835 (H.R. 1775) (H.R. 3039):
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HOUSE REPORTS: Nos. 106-550 accompanying H.R. 3039 (Comm. on
Transportation and Infrastructure), 106-561, Pt. 1 (Comm. on
Transportation and Infrastructure) and Pt. 2 (Comm. on Resources) both
accompanying H.R. 1775, and 106-995 (Comm. of Conference).
SENATE REPORTS: No. 106-189 (Comm. on Environment and Public Works).
CONGRESSIONAL RECORD Vol. 146 (2000):
Mar. 30, considered and passed Senate.
Sept. 12, considered and passed House, amended.
Oct. 23, Senate agreed to conference report.
Oct. 25, House agreed to conference report.
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