Summary: H.R.1438 — 104th Congress (1995-1996)All Information (Except Text)

There is one summary for H.R.1438. Bill summaries are authored by CRS.

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Introduced in House (04/06/1995)

DeLauro-Lowey Water Pollution Control and Estuary Restoration Act - (Sec. 3) Amends the Federal Water Pollution Control Act (FWPCA) to extend the authorization of appropriations for the State water pollution control revolving fund program through FY 2002.

(Sec. 4) Requires a specified percentage (increasing with each succeeding fiscal year) of such appropriations to be used for capitalization grants for estuary plans to qualified States. Makes States that fail to submit approved need estimates ineligible for assistance.

Directs States to establish separate Estuary Accounts in their water pollution control revolving funds, to be used for implementing approved estuary plans. Permits loans made with Account funds to be for terms of up to 40 years or for the useful life of a facility constructed with the loan, whichever is less, if the borrower demonstrates financial hardship. Establishes a State matching requirement for deposits into Accounts.

(Sec. 5) Requires the Administrator of the Environmental Protection Agency to make grants for the implementation of estuary conservation and management plans. Authorizes appropriations.

Permits certain grants under the National Estuary Program to be used for interim actions adopted by management conferences to protect the water and sediment quality of estuaries.

(Sec. 6) Extends the authorization of appropriations for management conferences, grants, conservation and management plans, and research under the National Estuary Program through FY 2002.

(Sec. 7) Revises National Estuary Program provisions regarding management conference purposes, membership, participation, and duties to, among other things: (1) require conferences to ensure implementation of FWPCA water quality standards; (2) require inclusion as members representatives of Federal fish and wildlife agencies, the agriculture industry, municipalities, and environmental organizations; and (3) direct the Administrator to provide necessary funding, analysis of program needs, and Federal liaison activities for the program.

Directs the Administrator to issue a guidance document establishing requirements for: (1) management conferences to follow in developing and monitoring conservation and management plans; (2) the implementation of interim actions to protect water quality of estuaries for which plans are developed; and (3) the Administrator to follow in approving strategies included in such plans.

Sets forth conditions under which management conferences may be terminated.

Revises approval and implementation procedures for estuary conservation and management plans and establishes procedures for interim actions.

Prohibits any activity located in U.S. waters or which serves new development in such waters from being included in a conservation and management plan or a State needs estimate unless specified Federal officials determine that: (1) the activity is essential to reduce the discharge of pollutants into navigable waters; and (2) there is no practicable alternative to the proposed activity that would have a less adverse impact on the aquatic habitat.