Text: S.835 — 106th Congress (1999-2000)All Information (Except Text)

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Public Law No: 106-457 (11/07/2000)

 
[106th Congress Public Law 457]
[From the U.S. Government Printing Office]


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[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):
---------------------------------------------------------------------------

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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