Text: H.R.5858 — 101st Congress (1989-1990)All Information (Except Text)

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HR 5858 IH
101st CONGRESS
2d Session
 H. R. 5858
To assist in the restoration of the Chesapeake Bay, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
October 18, 1990
Mr. DYSON (for himself, Mr. HOYER, Mrs. BYRON, Mr. CARDIN, Mrs. BENTLEY,
Mr. MCMILLEN of Maryland, Mr. MFUME, Mrs. MORELLA, Mr. BATEMAN, Mr. BLILEY,
Mr. PAYNE of Virginia, Mr. SLAUGHTER of Virginia, Mr. BOUCHER, Mr. PICKETT,
Mr. SISISKY, Mr. OLIN, Mr. PARRIS, Mr. WOLF, Mr. MURPHY, Mr. FOGLIETTA,
Mr. WALGREN, Mr. WELDON, Mr. CARPER, and Mr. FAUNTROY) introduced the
following bill; which was referred jointly to the Committees on Public Works
and Transportation and Merchant Marine and Fisheries
A BILL
To assist in the restoration of the Chesapeake Bay, and for other purposes.
  Be it enacted by the Senate and House of Representatives of the United
  States of America in Congress assembled,
SECTION 1. SHORT TITLE.
  This Act may be cited as the `Chesapeake Bay Restoration Act of 1990'.
SEC. 2. FINDINGS.
  The Congress finds that--
  (1) the Chesapeake Bay is a national treasure and a resource of worldwide
  significance;
  (2) the productivity and water quality of the Chesapeake Bay and its
  tributaries in recent years have been diminished by pollution, excessive
  sedimentation, shoreline erosion, the impacts of growth and development
  of population in the watershed, and other factors;
  (3) the Chesapeake Bay Agreement established an institutional framework,
  including a Chesapeake Executive Council with oversight, to implement
  a series of goals, objectives, and commitments to protect, restore, and
  enhance the estuary's ecosystem;
  (4) there is a need to expand and strengthen Federal support of research,
  monitoring, and management activities in the Bay in order to meet the goals,
  objectives, and commitments of the Chesapeake Bay Agreement, particularly
  in the areas of water quality; living resources; public information,
  education and participation; population growth, development, and governance;
  (5) the United States Environmental Protection Agency should continue to
  lead a cooperative Federal initiative with the United States Army Corps of
  Engineers, United States Department of Agriculture, United States Department
  of the Interior, Department of Defense, National Oceanic and Atmospheric
  Administration, United States Coast Guard, and other Federal agencies in
  the effort to attain the goals embodied in the Chesapeake Bay Agreement,
  working with State and local authorities;
  (6) the National Oceanic and Atmospheric Administration has an important
  role in the Bay restoration program through participation in Bay research,
  monitoring, assessment, and management studies and should continue these
  activities;
  (7) the various research and monitoring programs related to the Chesapeake
  Bay should be closely coordinated to achieve improved water quality and
  living resources productivity;
  (8) public information, education, and participation are essential to foster
  stewardship of the Bay's resources, to help identify and prioritize the
  Bay-related problems of each watershed or river basin, and to formulate
  goals and objectives for addressing these problems;
  (9) there is a clear correlation between population growth and development,
  and environmental degradation in the Chesapeake Bay system and accurate
  and timely land use data is essential to plan for and manage growth and
  development and associated impacts on the Chesapeake Bay system and its
  living resources;
  (10) the Federal Government has a special responsibility to ensure that
  its activities and programs are consistent with State and local efforts
  to improve the health of the Chesapeake Bay, and Federal facilities and
  programs must achieve the highest standards of environmental sensitivity
  and protection;
  (11) the local government and citizens' role in the Chesapeake Bay clean-up
  effort is a vital component for attaining the goals of the Chesapeake
  Bay Agreement;
  (12) the productivity, diversity, and abundance of living resources are the
  best ultimate measures of the Chesapeake Bay's condition and research and
  assessment programs directed toward monitoring and enhancing the condition
  of these resources should be accorded a high priority; and
  (13) the fisheries of the Chesapeake Bay provide hundreds of millions of
  dollars in annual economic activity and thousands of related jobs for the
  region, and proper management of these vital fisheries resources must include
  consideration of both biological, environmental, and socioeconomic factors.
SEC. 3. PURPOSE.
  It is the purpose of this Act to expand and strengthen the cooperative
  efforts to restore and protect the Chesapeake Bay and to achieve the goals
  embodied in the Chesapeake Bay Agreement.
SEC. 4. MANAGEMENT OF CHESAPEAKE BAY PROGRAM.
  Section 117(a) of the Federal Water Pollution Control Act (33 U.S.C. 1267(a))
  is amended to read as follows:
  `(a)(1) The Administrator of the Environmental Protection Agency shall
  continue the Chesapeake Bay Program as a member of and in cooperation with
  the Chesapeake Executive Council. The Administrator shall continue to lead
  and coordinate Federal agency participation in the Federal program.
  `(2) The Administrator shall maintain in the Environmental Protection
  Agency a Chesapeake Bay Liaison Office, which shall provide support to
  the Chesapeake Executive Council in the following areas:
  `(A) providing support and coordinating Federal, State, and local efforts
  to improve the water quality and living resources of the Chesapeake Bay;
  `(B) assisting the Bay program signatories as requested in developing and
  implementing specific action plans, in cooperation with appropriate Federal,
  State, and local authorities, to carry out the responsibilities under the
  Chesapeake Bay Agreement;
  `(C) coordinating actions of the Environmental Protection Agency with
  the actions of other Federal agencies and State and local authorities in
  developing strategies to improve the water quality and living resources
  of the Bay and obtain the support of these agencies and authorities in
  achieving the objectives of such agreement;
  `(D) collecting and making available, through publications and other
  appropriate means, information pertaining to the environmental quality
  and living resources of the Bay; and
  `(E) continuing to coordinate the system-wide monitoring and data collection
  program to assess the impact of natural and man-induced environmental
  changes on the water quality, habitat, and living resources of the Bay
  with particular emphasis on toxic pollutants and nutrient loadings.'.
SEC. 5. CHESAPEAKE BAY PROGRAM SCIENCE, RESEARCH, MONITORING, AND DATA
COLLECTION.
  (a) The Administrator of the Environmental Protection Agency and the
  Administrator of the National Oceanic and Atmospheric Administration,
  in cooperation with the Chesapeake Executive Council, shall jointly
  implement comprehensive, coordinated science, research, monitoring, and
  data collection activities supporting the Chesapeake Bay Program.
  (b) The Administrator of the National Oceanic and Atmospheric Administration
  shall direct relevant agency programs to be conducted in such a manner as
  to assist the cooperative, intergovernmental Chesapeake Bay Program to
  meet the commitments of the Chesapeake Bay Agreement. The Administrator
  of the National Oceanic and Atmospheric Administration shall--
  (1) provide information about and insight into the processes that shape
  the Chesapeake Bay system and affect its living resources;
  (2) consult with the Chesapeake Executive Council in establishing priorities
  for research, monitoring, modeling, other analysis and data gathering
  for programs that have applicability to the Chesapeake Bay system and its
  living resources; and
  (3) consult with the Chesapeake Executive Council in assessing the abundance,
  health, harvest, and potential economic value of Chesapeake Bay fisheries
  and the socioeconomic costs and benefits of management alternatives; and
  (4) establish and staff a local office for coordinating National Oceanic
  and Atmospheric Administration-wide activities related to the goals and
  objectives of the Chesapeake Bay Agreement.
  (c) The Administrators of the Environmental Protection Agency and the
  National Oceanic and Atmospheric Administration shall jointly ensure that any
  project for which funds have been requested has undergone appropriate peer
  review to determine that it has acceptable scientific and technical merit.
  (d) For the purpose of carrying out the provisions of this section, there
  is authorized to be appropriated $3,000,000 for each of the fiscal years
  1991, 1992, 1993, and 1994.
SEC. 6. BASINWIDE TOXICS REDUCTION.
  (a) The Administrator of the Environmental Protection Agency shall,
  in cooperation with the Chesapeake Executive Council, implement the
  Comprehensive Basinwide Toxics Reduction Strategy which establishes basinwide
  goals and describes actions necessary to achieve a multijurisdictional
  approach for reducing toxic inputs to Chesapeake Bay and its watershed. The
  strategy addresses all pathways by which toxic substances can pollute
  the Chesapeake Bay's waters, habitats, and resources through basinwide
  implementation of innovative toxics reduction, prevention, and management
  actions.
  (b) The Administrator shall undertake such research and monitoring activities
  as necessary to improve understanding of intermedia transfers, eventual
  fate and biological effects of toxics within the Bay watershed and shall
  develop and implement innovative toxics reductions and prevention programs.
  (c) For the purpose of carrying out the provisions of this section, there
  is authorized to be appropriated to the Administrator of the Environmental
  Protection Agency $2,000,000 for each of the fiscal years 1991, 1992,
  1993, and 1994.
SEC. 7. POPULATION GROWTH AND DEVELOPMENT; LAND USE DATA INITIATIVE.
  (a) The Administrator of the Environmental Protection Agency, in cooperation
  with the Chesapeake Executive Council and the National Oceanic and
  Atmospheric Administration, the United States Forest Service, the United
  States Soil Conservation Service, the United States Geological Survey,
  the Fish and Wildlife Service, and the Army Corps of Engineers, shall
  facilitate and expedite the development of a coordinated Chesapeake Bay
  watershed land use data base to provide information necessary to plan for
  and manage growth and development and associated impacts on the Chesapeake
  Bay system and its living resources.
  (b) The data base shall incorporate resource inventories and analyses
  including the use of satellite and aerial imagery in conjunction with
  electronic geographic information systems for data storage, retrieval,
  and resource capability determination in order to evaluate different land
  use patterns on hydrological cycles, water quality, living resources,
  and other environmental features, and as an aid to making sound land use
  management decisions.
  (c) The data base shall utilize a digital format that can be easily
  integrated into existing and developing planning and management programs
  and systems at Federal, State, and local agencies and institutions, so
  that it can have the greatest range of potential users and uses.
  (d) The data base shall be approached as a model for application to the
  management of watersheds to protect aquatic environments, and its technical
  procedures shall be developed in a manner that will allow transfer to
  local and State governments and other areas of the nation and the world.
  (e) Emphasis should be placed on the creation, maintenance, and use of an
  accessible, adaptable, and affordable data base in a manner that combines
  the best of available technology and data with the collective experience
  of the local, State, and Federal Governments and other major land use data
  suppliers and users.
  (f) For the purposes of carrying out the provisions of this section,
  there is authorized to be appropriated $250,000 for fiscal year 1991,
  and $500,000 for each of the fiscal years 1992, 1993, and 1994.
SEC. 8. DEVELOPED LANDS INITIATIVE.
  (a) The Administrator of the Environmental Protection Agency, in cooperation
  with the Chesapeake Executive Council, shall establish a demonstration
  program (hereafter called the `developed lands initiative') in order to
  address problems associated with urban and suburban runoff. The initiative
  shall--
  (1) identify `developed areas' consisting of subwatersheds of urban and
  suburban land for the purpose of water quality monitoring;
  (2) establish appropriate  monitoring network responsive to storm events;
  (3) ensure that data collected during the monitoring effort is compatible
  among the participating Bay States and the District of Columbia and is
  designed to support management decisions necessary to balance cost and
  technology for the benefit of the Chesapeake Bay cleanup;
  (4) ensure that data collected identifies all major sources of pollution,
  including atmospheric deposition and pesticides, and shall be characterized
  according to their contribution to a watershed; and
  (5) develop management strategies to address the identified stormwater
  impacts.
  (b) For the purpose of carrying out the provisions of this section, there
  is authorized to be appropriated $500,000.
SEC. 9. CHESAPEAKE BAY COMPREHENSIVE LIVING RESOURCES PROGRAM.
  (a) The Administrator of the Environmental Protection Agency, the
  Administrator of the National Oceanic and Atmospheric Administration,
  and the Director of the Fish and Wildlife Service, in cooperation with the
  Chesapeake Executive Council, shall implement a comprehensive, coordinated
  living resources program for the Chesapeake Bay and its watershed, to meet
  the commitments in the Chesapeake Bay Agreement.
  (b) The program shall include monitoring, digital mapping, periodic
  assessments, development and implementation of management plans; and
  restoration and protection of habitats of commercially, recreationally,
  and ecologically valuable living resources.
  (c) The program shall be designed as a national model for identifying,
  protecting, restoring, and managing estuarine living resources and the
  habitats upon which they depend.
  (d) For the purpose of carrying out the provisions of this section, there
  is authorized to be appropriated $1,000,000 for each of the fiscal years
  1991, 1992, 1993, and 1994.
SEC. 10. STUDY OF CHESAPEAKE BAY PROTECTION PROGRAM.
  (a) Not later than January 1, 1994, the Administrator of the Environmental
  Protection Agency, in cooperation with the Chesapeake Executive Council,
  shall complete a study and prepare a report to the Congress which shall
  address at least the following issues:
  (1) evaluating implementation of the Chesapeake Bay Agreement including
  activities of the Federal Government and State and local authorities;
  (2) determining whether Federal environmental programs and other activities
  adequately address the priority needs identified in the Chesapeake Bay
  Agreement;
  (3) assessing priority needs as required by the Chesapeake Bay Program
  management strategies and how the priorities are being met; and
  (4) making recommendations for improved management of the Chesapeake Bay
  restoration program.
  (b) There are authorized to be appropriated to the Administrator of the
  Environmental Protection Agency, to carry out this section, not to exceed
  $250,000.
SEC. 11. AUTHORIZATIONS.
  (a) Section 117(d)(1) of the Federal Water Pollution Control Act (33
  U.S.C. 1267(d)(1)) is amended by deleting `and 1990' and inserting in lieu
  thereof `1990, 1991, 1992, 1993, and 1994'.
  (b) Section 117(d)(2) of the Federal Water Pollution Control Act is amended
  by deleting `and 1990' and inserting in lieu thereof `1990, 1991, 1992,
  1993, and 1994'.
  (c) Moneys appropriated pursuant to the authorizations under this section
  shall remain available until expended.
SEC. 12. DEFINITIONS.
  For the purposes of this Act the term--
  (1) `Chesapeake Bay Program' means the regional, intergovernmental,
  cooperative effort to restore and protect the Chesapeake Bay system and
  its living resources. The Program is directed by the Chesapeake Executive
  Council in accordance with the Chesapeake Bay Agreement;
  (2) `Chesapeake Bay Agreement' means the formal, voluntary agreements reached
  to achieve the goal of restoring and protecting the Chesapeake Bay system
  and its living resources. The first Agreement was signed in 1983. The second
  agreement was signed in 1987, by the Governors of Maryland, Pennsylvania,
  and Virginia, the mayor of the District of Columbia, the chairman of the
  tri-State Chesapeake Bay Commission, and the Administrator of the United
  States Environmental Protection Agency for the executive branch of the
  Federal Government. As used in this section, the term shall mean the
  existing agreements and any subsequent agreements that may be reached; and
  (3) `Chesapeake Executive Council' means the signatories of the Chesapeake
  Bay Agreement.