specific action plans to carry out the responsibilities of the signatories to the Chesapeake Bay Agreement; (iv) coordinating the actions of the Environmental Protection Agency with the actions of the appropriate officials of other Federal agencies and State and local authorities in developing strategies to— (I) improve the water quality and living resources in the Chesapeake Bay ecosystem; and (II) obtain the support of the appropriate officials of the agencies and authorities in achieving the objectives of the Chesapeake Bay Agreement; and (v) implementing outreach programs for public information, education, and participation to foster stewardship of the resources of the Chesapeake Bay. (c) Interagency Agreements.-The Administrator may enter into an interagency agreement with a Federal agency to carry out this section. (d) Technical Assistance and Assistance Grants. (1) In general.-In cooperation with the Chesapeake Executive Council, the Administrator may provide technical assistance, and assistance grants, to nonprofit organizations, State and local governments, colleges, universities, and interstate agencies to carry out this section, subject to such terms and conditions as the Administrator considers appropriate. (2) Federal share. (A) In general.-Except as provided in subparagraph (B), the Federal share of an assistance grant provided under paragraph (1) shall be determined by the Administrator in accordance with guidance issued by the Administrator. (B) Small watershed grants program.-The Federal share of an assistance grant provided under paragraph (1) to carry out an implementing activity under subsection (g)(2) shall not exceed 75 percent of eligible project costs, as determined by the Administra tor. (3) Non-federal share.—An assistance grant under paragraph (1) shall be provided on the condition that non-Federal sources provide the remainder of eligible project costs, as determined by the Administrator. (4) Administrative costs.-Administrative costs shall not exceed 10 percent of the annual grant award. (e) Implementation and Monitoring Grants. (1) In general.—If a signatory jurisdiction has approved and committed to implement all or substantially all aspects of the Chesapeake Bay Agreement, on the request of the chief executive of the jurisdiction, the Administrator (A) shall make a grant to the jurisdiction for the purpose of implementing the management mechanisms established under the Chesapeake Bay Agreement, subject to such terms and conditions as the Administrator considers appropriate; and (B) may make a grant to a signatory jurisdiction for the purpose of monitoring the Chesapeake Bay ecosystem. (2) Proposals. (A) In general.-A signatory jurisdiction described in paragraph (1) may apply for a grant under this subsection for a fiscal year by submitting to the Administrator a comprehensive proposal to implement management mechanisms established under the Chesapeake Bay Agreement. (B) Contents.-A proposal under subparagraph (A) shall include (i) a description of proposed management mechanisms that the jurisdiction commits to take within a specified time period, such as reducing or preventing pollution in the Chesapeake Bay and its watershed or meeting applicable water quality standards or established goals and objectives under the Chesapeake Bay Agreement; and (ii) the estimated cost of the actions proposed to be taken during the fiscal year. (3) Approval.-If the Administrator finds that the proposal is consistent with the Chesapeake Bay Agreement and the national goals established under section 101(a), the Administrator may approve the proposal for an award. (4) Federal share.-The Federal share of a grant under this subsection shall not exceed 50 percent of the cost of implementing the management mechanisms during the fiscal year. (5) Non-federal share.-A grant under this subsection shall be made on the condition that non-Federal sources provide the remainder of the costs of implementing the management mechanisms during the fiscal year. (6) Administrative costs.-Administrative costs shall not exceed 10 percent of the annual grant award. (7) Reporting. On or before October 1 of each fiscal year, the Administrator shall make available to the (B) the goals and objectives of projects funded for the previous fiscal year; and (C) the net benefits of projects funded for previous fiscal years. (f) Federal Facilities and Budget Coordination.— (1) Subwatershed planning and restoration.-A Federal agency that owns or operates a facility (as defined by the Administrator) within the Chesapeake Bay watershed shall participate in regional and subwatershed planning and restoration programs. (2) Compliance with agreement.-The head of each Federal agency that owns or occupies real property in the Chesapeake Bay watershed shall ensure that the property, and actions taken by the agency with respect to the property, comply with the Chesapeake Bay Agreement, the Federal Agencies Chesapeake Ecosystem Unified Plan, and any subsequent agreements and plans. (3) Budget coordination.— (A) In general.-As part of the annual budget submission of each Federal agency with projects or grants related to restoration, planning, monitoring, or scientific investigation of the Chesapeake Bay ecosystem, the head of the agency shall submit to the President a report that describes plans for the expenditure of the funds under this section. (B) Disclosure to the council.-The head of each agency referred to in subparagraph (A) shall disclose the report under that subparagraph with the Chesapeake Executive Council as appropriate. (g) Chesapeake Bay Program. (1) Management strategies.-The Administrator, in coordination with other members of the Chesapeake Executive Council, shall ensure that management plans are developed and implementation is begun by signatories to the Chesapeake Bay Agreement to achieve and maintain (A) the nutrient goals of the Chesapeake Bay Agreement for the quantity of nitrogen and phosphorus entering the Chesapeake Bay and its watershed; (B) the water quality requirements necessary to restore living resources in the Chesapeake Bay ecosystem; (C) the Chesapeake Bay Basinwide Toxins Reduction and Prevention Strategy goal of reducing or eliminating the input of chemical contaminants from all controllable sources to levels that result in no toxic or bioaccumulative impact on the living resources of the Chesapeake Bay ecosystem or on human health; (D) habitat restoration, protection, creation, and enhancement goals established by Chesapeake Bay Agreement signatories for wetlands, riparian forests, and other types of habitat associated with the Chesapeake Bay ecosystem; and (E) the restoration, protection, creation, and enhancement goals established by the Chesapeake Bay Agreement signatories for living resources associated with the Chesapeake Bay ecosystem. (2) Small watershed grants program.-The Administrator, in cooperation with the Chesapeake Executive Council, shall (A) establish a small watershed grants program as part of the Chesapeake Bay Program; and (B) offer technical assistance and assistance grants under subsection (d) to local governments and nonprofit organizations and individuals in the Chesapeake Bay region to implement (i) cooperative tributary basin strategies that address the water quality and living resource needs in the Chesapeake Bay ecosystem; and (ii) locally based protection and restoration programs or projects within a watershed that complement the tributary basin strategies, including the creation, restoration, protection, or enhancement of habitat associated with the Chesapeake Bay ecosystem. (h) Study of Chesapeake Bay Program. (1) In general.-Not later than April 22, 2003, and every 5 years thereafter, the Administrator, in coordination with the Chesapeake Executive Council, shall complete a study and submit to Congress a comprehensive report on the results of the study. (2) Requirements.-The study and report shall (A) assess the state of the Chesapeake Bay ecosystem; (B) compare the current state of the Chesapeake Bay ecosystem with its state in 1975, (C) assess the effectiveness of management strategies being implemented on the date of (E) be presented in such a format as to be readily transferable to and usable by other (i) Special Study of Living Resource Response. (1) In general. Not later than 180 days after the date of enactment of this section, the Administrator shall commence a 5-year special study with full participation of the scientific community of the Chesapeake Bay to establish and expand understanding of the response of the living resources of the Chesapeake Bay ecosystem to improvements in water quality that have resulted from investments made through the Chesapeake Bay Program. (2) Requirements.-The study shall (A) determine the current status and trends of living resources, including grasses, benthos, phytoplankton, zooplankton, fish, and shellfish; (B) establish to the extent practicable the rates of recovery of the living resources in response to improved water quality condition; (C) evaluate and assess interactions of species, with particular attention to the impact of changes within and among trophic levels; and (D) recommend management actions to optimize the return of a healthy and balanced ecosystem in response to improvements in the quality and character of the waters of the Chesapeake Bay. (j) Authorization of Appropriations.-There is authorized to be appropriated to carry out this section $40,000,000 for each of fiscal years 2001 through 2005. Such sums shall remain available until expended.". (Nov. 7, 2000, Title II, Sec. 203, Pub. L. 106-457, 114 Stat. 1967; June 30, 1948, ch. 758, title I, Sec. 117, as added Pub. L. 100-4, title I, Sec. 103, Feb. 4, 1987, 101 Stat. 10.) Findings and Purposes Pub. L. 106-457, Sec. 202 provided that: "(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." Nutrient Loading Resulting From Dredged Material Disposal Pub. L. 106-53, title IV, Sec. 457, Aug. 17, 1999, 113 Stat. 332, provided that: (a) Study. The Secretary shall conduct a study of nutrient loading that occurs as a result of discharges of dredged material into open-water sites in the Chesapeake Bay. (b) Report.-Not later than 18 months after the date of enactment of this Act [Aug. 17, 1999], the Secretary shall submit to Congress a report on the results of the study." GREAT LAKES 33 USC 1268 (a) Findings, purpose, and definitions (1) Findings The Congress finds that (A) the Great Lakes are a valuable national resource, continuously serving the people of the United States and other nations as an important source of food, fresh water, recreation, beauty, and enjoyment; (B) the United States should seek to attain the goals embodied in the Great Lakes Water Quality Agreement of 1978, as amended by the Water Quality Agreement of 1987 and any other agreements and amendments, with particular emphasis on goals related to toxic pollutants; and (C) the Environmental Protection Agency should take the lead in the effort to meet those goals, working with other Federal agencies and State and local authorities. (2) Purpose It is the purpose of this section to achieve the goals embodied in the Great Lakes Water Quality Agreement of 1978, as amended by the Water Quality Agreement of 1987 and any other agreements and amendments, through improved organization and definition of mission on the part of the Agency, funding of State grants for pollution control in the Great Lakes area, and improved accountability for implementation of such agreement. (3) Definitions For purposes of this section, the term (A) “Agency” means the Environmental Protection Agency; (B) "Great Lakes" means Lake Ontario, Lake Erie, Lake Huron (including Lake St. Clair), Lake Michigan, and Lake Superior, and the connecting channels (Saint Mary's River, Saint Clair River, Detroit River, Niagara River, and Saint Lawrence River to the Canadian Border); (C) “Great Lakes System" means all the streams, rivers, lakes, and other bodies of water within the drainage basin of the Great Lakes; (D) “Program Office" means the Great Lakes National Program Office established by this section; (E) "Research Office" means the Great Lakes Research Office established by subsection (d) of this section; (F) "area of concern” means a geographic area located within the Great Lakes, in which beneficial uses are impaired and which has been officially designated as such under Annex 2 of the Great Lakes Water Quality Agreement; (G) "Great Lakes States" means the States of Illinois, Indiana, Michigan, Minnesota, New York, Ohio, Pennsylvania, and Wisconsin; (H) "Great Lakes Water Quality Agreement" means the bilateral agreement, between the United States and Canada which was signed in 1978 and amended by the Protocol of 1987; (I) “Lakewide Management Plan" means a written document which embodies a systematic and comprehensive ecosystem approach to restoring and protecting the beneficial uses of the open waters of each of the Great Lakes, in accordance with article VI and Annex 2 of the Great Lakes Water Quality Agreement; and (J) "Remedial Action Plan” means a written document which embodies a systematic and comprehensive ecosystem approach to restoring and protecting the beneficial uses of areas of concern, in accordance with article VI and Annex 2 of the Great Lakes Water Quality Agreement. (b) Great Lakes National Program Office The Great Lakes National Program Office (previously established by the Administrator) is hereby established within the Agency. The Program Office shall be headed by a Director who, by reason of management experience and technical expertise relating to the Great Lakes, is highly qualified to direct the development of programs and plans on a variety of Great Lakes issues. The Great Lakes National Program Office shall be located in a Great Lakes State. (c) Great Lakes management (1) Functions The Program Office shall— (A) in cooperation with appropriate Federal, State, tribal, and international agencies, and (B) establish a Great Lakes system-wide surveillance network to monitor the water quality (E) coordinate actions of the Agency with the actions of other Federal agencies and State (2) Great Lakes water quality guidance (A) By June 30, 1991, the Administrator, after consultation with the Program Office, shall 'So in original. |