,,ii ,calendar ,no4 #ebe #aacth         
,,congress  #b;d ,session  ,s4 #bjdb    
,report ,no4 #aac-bci ,,in ,,the        
,,senate ,,of ,,the ,,united ,,states   
,february #bf1 #bjad,mr4 ,whitehouse    
7for himself and ,mr4 ,cardin7          
introduced the following bill2 which was
 read twice and referred to the         
,committee on ,environment and ,public  
,works  ,july #ca1 #bjad,reported by    
,mrs4 ,boxer1 with an amendment,strike  
out all after the enacting clause and   
insert the part printed in italic  ,a   
,,bill  ,to amend the ,federal ,water   
,pollution ,control ,act to reauthorize 
the ,national ,estuary ,program1 and for
 other purposes4  #a4 ,short title ,this
 ,act may be cited as the ,clean        
,estuaries ,act of #bjad4  #b4 ,national
 estuary program amendments  7a7        
,purposes of ,conference  7#a7          
,development of comprehensive           
conservation and management plans       
,section #cbj7;b7 of the ,federal ,water
 ,pollution ,control ,act 7#cc ,u4,s4,c4

 #accj7;b77 is amended by striking      
paragraph 7#d7 and inserting the        
following3  7#d7 develop and submit to  
the ,administrator a comprehensive      
conservation and management plan that-- 
7,a7 identifies the estuary and the     
associated upstream waters of the       
estuary to be addressed by the plan1    
with consideration given to hydrological
 boundaries2  7,b7 recommends priority  
protection1 conservation1 and corrective
 actions and compliance schedules that  
address point and nonpoint sources of   
pollution-- 7i7 to restore and maintain 
the chemical1 physical1 and biological  
integrity of the estuary1 including--   
7,i7 restoration and maintenance of     
water quality1 including wetlands and   
natural hydrological flows2  7,,ii7 a   
resilient and diverse indigenous        
population of shellfish1 fish1 and      
wildlife2 and  7,,iii7 recreational     
activities in the estuary2 and  7ii7 to 
ensure that the designated uses of the  
estuary are protected2  7,c7 identifies 

healthy and impaired watershed          
components by carrying out integrated   
assessments that include assessments    
of-- 7i7 aquatic habitat and biological 
integrity2  7ii7 water quality2 and     
7iii7 natural hydrological flows2  7,d7 
considers current and future sustainable
 commercial activities in the estuary2  
7,e7 addresses the effects of climate   
variability on the estuary1 including-- 
7i7 the identification and assessment of
 vulnerabilities in the estuary2  7ii7  
the development and implementation of   
adaptation strategies2 and  7iii7 the   
potential impacts of changes in sea     
level on estuarine water quality1       
estuarine habitat1 and infrastructure   
located in the estuary2  7,f7 increases 
public education and awareness with     
respect to-- 7i7 the ecological health  
of the estuary2  7ii7 the water quality 
conditions of the estuary2 and  7iii7   
ocean1 estuarine1 land1 and atmospheric 
connections and interactions2  7,g7     
includes performance measures and goals 

to track implementation of the plan2 and
  7,h7 includes a coordinated monitoring
 strategy for ,federal1 ,state1 and     
local governments and other entities4  4
  7#b7 ,monitoring and making results   
available ,section #cbj7;b7 of the      
,federal ,water ,pollution ,control ,act
 7#cc ,u4,s4,c4 #accj7;b77 is amended by
 striking paragraph 7#f7 and inserting  
the following3  7#f7 monitor 7and make  
results available to the public         
regarding7-- 7,a7 water quality         
conditions in the estuary and the       
associated upstream waters of the       
estuary identified under paragraph      
7#d77;,a72  7,b7 watershed and habitat  
conditions that relate to the ecological
 health and water quality conditions of 
the estuary2 and  7,c7 the effectiveness
 of actions taken pursuant to the       
comprehensive conservation and          
management plan developed for the       
estuary under this subsection2  4  7#c7 
,information and educational activities 
,section #cbj7;b7 of the ,federal ,water

 ,pollution ,control ,act 7#cc ,u4,s4,c4
 #accj7;b77 is amended-- 7,a7 by        
redesignating paragraph 7#g7 as         
paragraph 7#h72 and  7,b7 by inserting  
after paragraph 7#f7 the following3     
7#g7 provide information and educational
 activities on the ecological health and
 water quality conditions of the        
estuary2 and  4  7#d7 ,conforming       
amendment ,the sentence following       
section #cbj7;b77#h7 of the ,federal    
,water ,pollution ,control ,act 7as so  
redesignated7 7#cc ,u4,s4,c4            
#accj7;b77#h77 is amended by striking   
paragraph 7#g7 and inserting paragraph  
7#h74  7b7 ,members of ,conference2     
,collaborative ,processes  7#a7 ,members
 of conference ,section #cbj7;c77#e7 of 
the ,federal ,water ,pollution ,control 
,act 7#cc ,u4,s4,c4 #accj7;c77#e77 is   
amended by inserting not-for-profit     
organizations1 after institutions14     
7#b7 ,collaborative processes ,section  
#cbj7;d7 of the ,federal ,water         
,pollution ,control ,act 7#cc ,u4,s4,c4 

#accj7;d77 is amended-- 7,a7 by striking
 7d7 and all that follows through ,in   
developing and inserting the following3 
7d7 ,use of ,existing ,data and         
,collaborative ,processes  7#a7 ,use of 
existing data ,in developing  2 and     
7,b7 by adding at the end the following3
  7#b7 ,use of collaborative processes  
,in updating a plan under subsection    
7f77#d7 or developing a new plan under  
subsection 7b71 a management conference 
shall make use of collaborative         
processes-- 7,a7 to ensure equitable    
inclusion of affected interests2  7,b7  
to engage with members of the management
 conference1 including through-- 7i7 the
 use of consensus-based decision rules2 
and  7ii7 assistance from impartial     
facilitators1 as appropriate2  7,c7 to  
ensure relevant information1 including  
scientific1 technical1 and cultural     
information1 is accessible to members2  
7,d7 to promote accountability and      
transparency by ensuring members are    
informed in a timely manner of-- 7i7 the

 purposes and objectives of the         
management conference2 and  7ii7 the    
results of an evaluation conducted under
 subsection 7f77#f72  7,e7 to identify  
the roles and responsibilities of       
members-- 7i7 in the management         
conference proceedings2 and  7ii7 in the
 implementation of the plan2 and  7,f7  
to seek resolution of conflicts or      
disputes as necessary4  4  7c7          
,administration of ,plans ,section #cbj 
of the ,federal ,water ,pollution       
,control ,act 7#cc ,u4,s4,c4 #accj7 is  
amended by striking subsection 7f7 and  
inserting the following3  7f7           
,administration of ,plans  7#a7         
,approval ,not later than #abj days     
after the date on which a management    
conference submits to the ,administrator
 a comprehensive conservation and       
management plan under this section1 and 
after providing for public review and   
comment1 the ,administrator shall       
approve the plan1 if-- 7,a7 the         
,administrator determines that the plan 

meets the requirements of this section2 
and  7,b7 each affected ,governor       
concurs4  7#b7 ,completeness  7,a7 ,in  
general ,if the ,administrator          
determines that a plan is incomplete    
under paragraph 7#a7 or 7#g71 the       
,administrator shall-- 7i7 provide the  
management conference with written      
notification of the basis of that       
finding2 and  7ii7 allow the management 
conference to resubmit a revised plan   
that addresses1 to the maximum extent   
practicable1 the comments contained in  
the written notification of the         
,administrator described in clause 7i74 
7,b7 ,resubmission ,if the              
,administrator determines that a revised
 plan submitted under subparagraph      
7,a77ii7 remains incomplete under       
paragraph 7#a7 or 7#g71 the             
,administrator shall allow the          
management conference to resubmit a     
revised plan in accordance with         
subparagraph 7,a74  7,c7 ,scope of      
review ,in determining whether to       

approve a comprehensive conservation and
 management plan under paragraph 7#a7 or
 7#g71 the ,administrator-- 7i7 shall   
limit the scope of review to a          
determination of whether the plan meets 
the minimum requirements of this        
section2 and  7ii7 may not impose1 as a 
condition of approval1 any additional   
requirements4  7#c7 ,failure of the     
,administrator to respond ,if1 by the   
date that is #abj days after the date on
 which a plan is submitted or           
resubmitted under paragraph 7#a71 7#b71 
or 7#g7 the ,administrator fails to     
respond to the submission or            
resubmission in writing1 the plan shall 
be considered approved4  7#d7 ,failure  
to submit a plan ,if1 by the date that  
is #c years after the date on which a   
management conference is convened1 that 
management conference fails to submit a 
comprehensive conservation and          
management plan or to secure approval   
for the comprehensive conservation and  
management plan under this subsection1  

the ,administrator shall terminate the  
management conference convened under    
this section4  7#e7 ,implementation     
7,a7 ,in general ,on the approval of a  
comprehensive conservation and          
management plan under this section1 the 
plan shall be implemented4  7,b7 ,use of
 authorized amounts ,amounts authorized 
to be appropriated under titles ,,ii and
 ,,vi and section #cai may be used in   
accordance with the applicable          
requirements of this ,act to assist     
,states with the implementation of a    
plan approved under paragraph 7#a74     
7#f7 ,evaluation  7,a7 ,in general ,not 
later than #e years after the date of   
enactment of this paragraph1 and every  
#e years thereafter1 the ,administrator 
shall carry out an evaluation of the    
implementation of each comprehensive    
conservation and management plan        
developed under this section to         
determine the degree to which the goals 
of the plan have been met4  7,b7 ,review
 and comment by management conference   

,in completing an evaluation under      
subparagraph 7,a71 the ,administrator   
shall submit the results of the         
evaluation to the appropriate management
 conference for review and comment4     
7,c7 ,report  7i7 ,in general ,in       
completing an evaluation under          
subparagraph 7,a71 and after providing  
an opportunity for a management         
conference to submit comments under     
subparagraph 7,b71 the ,administrator   
shall issue a report on the results of  
the evaluation1 including the findings  
and recommendations of the              
,administrator and any comments received
 from the management conference4  7ii7  
,availability to public ,the            
,administrator shall make a report      
issued under this subparagraph available
 to the public1 including through       
publication in the ,federal ,register   
and on the ,internet4  7,d7 ,special    
rule for new plans ,notwithstanding     
subparagraph 7,a71 if a management      
conference submits a new comprehensive  

conservation and management plan to the 
,administrator after the date of        
enactment of this paragraph1 the        
,administrator shall complete the       
evaluation of the implementation of the 
plan required by subparagraph 7,a7 not  
later than #e years after the date of   
such submission and every #e years      
thereafter4  7#g7 ,updates  7,a7        
,requirement ,not later than #ah months 
after the date on which the             
,administrator makes an evaluation of   
the implementation of a comprehensive   
conservation and management plan        
available to the public under paragraph 
7#f77;,c71 a management conference      
convened under this section shall submit
 to the ,administrator an update of the 
plan that reflects1 to the maximum      
extent practicable1 the results of the  
program evaluation4  7,b7 ,approval of  
updates ,not later than #abj days after 
the date on which a management          
conference submits to the ,administrator
 an updated comprehensive conservation  

and management plan under subparagraph  
7,a71 and after providing for public    
review and comment1 the ,administrator  
shall approve the updated plan1 if the  
,administrator determines that the      
updated plan meets the requirements of  
this section4  7#h7 ,probationary status
 ,the ,administrator may consider a     
management conference convened under    
this section to be in probationary      
status1 if the management conference has
 not received approval for an updated   
comprehensive conservation and          
management plan under paragraph         
7#g77;,b7 on or before the last day of  
the #e-year period beginning on the date
 on which the ,administrator makes an   
evaluation of the plan available to the 
public under paragraph 7#f77;,c74  4    
7d7 ,federal ,agencies ,section #cbj of 
the ,federal ,water ,pollution ,control 
,act 7#cc ,u4,s4,c4 #accj7 is amended-- 
7#a7 by redesignating subsections 7g71  
7h71 7i71 7j71 and 7k7 as subsections   
7h71 7i71 7j71 7k71 and 7m71            

respectively2 and  7#b7 by inserting    
after subsection 7f7 the following3  7g7
 ,federal ,agencies  7#a7 ,activities   
conducted within estuaries with approved
 plans ,after approval of a             
comprehensive conservation and          
management plan by the ,administrator1  
any ,federal action or activity         
affecting the estuary shall be          
conducted1 to the maximum extent        
practicable1 in a manner consistent with
 the plan4  7#b7 ,coordination and      
cooperation  7,a7 ,in general ,the      
,secretary of the ,army 7acting through 
the ,chief of ,engineers71 the          
,administrator of the ,national ,oceanic
 and ,atmospheric ,administration1 the  
,director of the ,united ,states ,fish  
and ,wildlife ,service1 the ,secretary  
of the ,department of ,agriculture1 the 
,director of the ,united ,states        
,geological ,survey1 the ,secretary of  
the ,department of ,transportation1 the 
,secretary of the ,department of        
,housing and ,urban ,development1 and   

the heads of other appropriate ,federal 
agencies1 as determined by the          
,administrator1 shall1 to the maximum   
extent practicable1 cooperate and       
coordinate activities1 including        
monitoring activities1 related to the   
implementation of a comprehensive       
conservation and management plan        
approved by the ,administrator4  7,b7   
,lead coordinating agency ,the          
,environmental ,protection ,agency shall
 serve as the lead coordinating agency  
under this paragraph4  7#c7             
,consideration of plans in agency budget
 requests ,in making an annual budget   
request for a ,federal agency referred  
to in paragraph 7#b71 the head of such  
agency shall consider the               
responsibilities of the agency under    
this section1 including under           
comprehensive conservation and          
management plans approved by the        
,administrator4  7#d7 ,monitoring ,the  
heads of the ,federal agencies referred 
to in paragraph 7#b7 shall collaborate  

on the development of tools and         
methodologies for monitoring the        
ecological health and water quality     
conditions of estuaries covered by a    
management conference convened under    
this section4  4  7e7 ,grants  7#a7 ,in 
general ,subsection 7h7 7as redesignated
 by subsection 7d77 of section #cbj of  
the ,federal ,water ,pollution ,control 
,act 7#cc ,u4,s4,c4 #accj7 is amended-- 
7,a7 in paragraph 7#a71 by striking     
other public and all that follows before
 the period at the end and inserting and
 other public or nonprofit private      
agencies1 institutions1 and             
organizations2 and  7,b7 by adding at   
the end the following3  7#d7 ,effects of
 probationary status  7,a7 ,reductions  
in grant amounts ,the ,administrator    
shall reduce1 by an amount to be        
determined by the ,administrator1 grants
 for the implementation of a            
comprehensive conservation and          
management plan developed by a          
management conference convened under    

this section1 if the ,administrator     
determines that the management          
conference is in probationary status    
under subsection 7f77#h74  7,b7         
,termination of management conferences  
,the ,administrator shall terminate a   
management conference convened under    
this section1 and cease funding for the 
implementation of the comprehensive     
conservation and management plan        
developed by the management conference1 
if the ,administrator determines that   
the management conference has been in   
probationary status for #b consecutive  
years4  4  7#b7 ,conforming amendment   
,section #cbj7;i7 the ,federal ,water   
,pollution ,control ,act 7as            
redesignated by subsection 7d77 is      
amended by striking subsection 7g7 and  
inserting subsection 7h74  7f7          
,authorization of ,appropriations       
,section #cbj of the ,federal ,water    
,pollution ,control ,act 7#cc ,u4,s4,c4 
#accj7 7as redesignated by subsection   
7d77 is amended by striking subsection  

7j7 and inserting the following3  7j7   
,authorization of ,appropriations  7#a7 
,in general ,there is authorized to be  
appropriated to the ,administrator      
#ce1jjj1jjj for each of fiscal years    
#bjad through #bjah for-- 7,a7 expenses 
relating to the administration of grants
 by the ,administrator under this       
section1 including the award and        
oversight of grants1 except that such   
expenses shall not exceed #e percent of 
the amount appropriated under this      
subsection2  7,b7 making grants under   
subsection 7h72 and  7,c7 monitoring the
 implementation of a conservation and   
management plan by the management       
conference1 or by the ,administrator in 
any case in which the conference has    
been terminated4  7#b7 ,allocations ,the
 ,administrator shall provide at least  
#hj percent of the amounts appropriated 
under this subsection per fiscal year   
for the development1 implementation1 and
 monitoring of each conservation and    
management plan eligible for grant      

assistance under subsection 7h74  7#c7  
,requirement ,the ,administrator shall  
include in the annual budget request of 
the ,environmental ,protection ,agency a
 clear description of the amounts       
requested by the ,administrator to make 
grants under paragraph 7#a77;,b74  4    
7g7 ,research ,section #cbj7k77#a77;,a7 
of the ,federal ,water ,pollution       
,control ,act 7as redesignated by       
subsection 7d77 is amended-- 7#a7 by    
striking paramenters and inserting      
parameters2 and  7#b7 by inserting      
7including monitoring of both pathways  
and ecosystems to track the introduction
 and establishment of nonnative species7
 before 1 to provide the ,administrator4
  7h7 ,national ,estuary ,program       
,evaluation ,section #cbj of the        
,federal ,water ,pollution ,control ,act
 7#cc ,u4,s4,c4 #accj7 is amended by    
inserting after subsection 7k7 7as      
redesignated by subsection 7d77 the     
following3  7l7 ,national ,estuary      
,program ,evaluation  7#a7 ,in general  

,not later than #e years after the date 
of enactment of this paragraph1 and     
every #e years thereafter1 the          
,administrator shall complete an        
evaluation of the national estuary      
program established under this section4 
7#b7 ,specific assessments ,in          
conducting an evaluation under this     
subsection1 the ,administrator shall--  
7,a7 assess the effectiveness of the    
national estuary program in improving   
water quality1 natural resources1 and   
sustainable uses of the estuaries       
covered by management conferences       
convened under this section2  7,b7      
identify best practices for improving   
water quality1 natural resources1 and   
sustainable uses of the estuaries       
covered by management conferences       
convened under this section1 including  
those practices funded through the use  
of technical assistance from the        
,environmental ,protection ,agency and  
other ,federal agencies2  7,c7 assess   
the reasons why the best practices      

described in subparagraph 7,b7 resulted 
in the achievement of program goals2    
7,d7 identify any redundant requirements
 for reporting by recipients of a grant 
under this section2 and  7,e7 develop   
and recommend a plan for eliminating any
 redundancies4  7#c7 ,report ,in        
completing an evaluation under this     
subsection1 the ,administrator shall    
issue a report on the results of the    
evaluation1 including the findings and  
recommendations of the ,administrator4  
7#d7 ,availability ,the ,administrator  
shall make a report issued under this   
subsection available to management      
conferences convened under this section 
and the public1 including through       
publication in the ,federal ,register   
and on the ,internet4  4  7i7 ,convening
 of conference ,section #cbj7;a77#b7 of 
the ,federal ,water ,pollution ,control 
,act 7#cc ,u4,s4,c4 #accj7;a77#b77 is   
amended-- 7#a7 by striking 7#b7         
,convening of conference4-- and all that
 follows through ,in any case and       

inserting the following3  7#b7          
,convening of conference ,in any case  2
 and  7#b7 by striking subparagraph     
7,b74  7j7 ,great ,lakes ,estuaries     
,section #cbj7m7 of the ,federal ,water 
,pollution ,control ,act 7as            
redesignated by subsection 7d77 is      
amended by striking the subsection      
designation and all that follows through
 and those portions of tributaries and  
inserting the following3  7m7           
,definitions ,in this section1 the terms
 estuary and estuarine zone have the    
meanings given the terms in section     
#ajd7n77#d71 except that-- 7#a7 the term
 estuary also includes near coastal     
waters and other bodies of water within 
the ,great ,lakes that are similar in   
form and function to the waters         
described in the definition of estuary  
in section #ajd7n77#d72 and  7#b7 the   
term estuarine zone also includes-- 7,a7
 waters within the ,great ,lakes        
described in paragraph 7#a7 and         
transitional areas from such waters that

 are similar in form and function to the
 transitional areas described in the    
definition of estuarine zone in section 
#ajd7n77#d72  7,b7 associated aquatic   
ecosystems2 and  7,c7 those portions of 
tributaries  4  #a4 ,short title ,this  
,act may be cited as the ,clean         
,estuaries ,act of #bjad4  #b4 ,national
 estuary program amendments  7a7        
,purposes of ,conference  7#a7          
,development of comprehensive           
conservation and management plans       
,section #cbj7;b7 of the ,federal ,water
 ,pollution ,control ,act 7#cc ,u4,s4,c4
 #accj7;b77 is amended by striking      
paragraph 7#d7 and inserting the        
following3  7#d7 develop and submit to  
the ,administrator a comprehensive      
conservation and management plan that-- 
7,a7 identifies the estuary and estuary 
resources to be considered within the   
plan2  7,b7 recommends priority         
protection1 conservation1 and corrective
 actions and compliance schedules that  
address point and nonpoint sources of   

pollution-- 7i7 to restore and maintain 
the chemical1 physical1 and biological  
integrity of the estuary1 including--   
7,i7 restoration and maintenance of     
water quality1 including wetlands and   
natural hydrological flows2  7,,ii7 a   
resilient and diverse indigenous        
population of shellfish1 fish1 and      
wildlife2 and  7,,iii7 recreational     
activities in the estuary2 and  7ii7 to 
ensure that the designated uses of the  
estuary are protected2  7,c7 identifies 
healthy and impaired watershed          
components by carrying out integrated   
assessments that include assessments    
of-- 7i7 aquatic habitat and biological 
integrity2  7ii7 water quality2 and     
7iii7 natural hydrological flows2  7,d7 
considers current and future sustainable
 commercial activities in the estuary2  
7,e7 considers the effects of ongoing   
climate1 hydrologic1 and geologic       
changes on the estuary1 including-- 7i7 
the identification and assessment of    
vulnerabilities in the estuary2  7ii7   

the development and implementation of   
adaptation strategies2 and  7iii7 the   
potential impacts of changes in sea     
level or coastal erosion on estuarine   
water quality1 estuarine habitat1 and   
infrastructure located in the estuary2  
7,f7 increases public education and     
awareness with respect to-- 7i7 the     
ecological health of the estuary2  7ii7 
the water quality conditions of the     
estuary2 and  7iii7 ocean1 estuarine1   
land1 and atmospheric connections and   
interactions2  7,g7 includes performance
 measures and goals to track            
implementation of the plan2 and  7,h7   
includes a coordinated monitoring       
strategy for ,federal1 ,state1 and local
 governments and other entities4  4     
7#b7 ,monitoring and making results     
available ,section #cbj7;b7 of the      
,federal ,water ,pollution ,control ,act
 7#cc ,u4,s4,c4 #accj7;b77 is amended by
 striking paragraph 7#f7 and inserting  
the following3  7#f7 monitor 7and make  
results available to the public         

regarding7-- 7,a7 water quality         
conditions considered by the            
comprehensive conservation and          
management plan developed under         
paragraph 7#d72  7,b7 watershed and     
habitat conditions that relate to the   
ecological health and water quality     
conditions of the estuary2 and  7,c7 the
 effectiveness of actions taken pursuant
 to the comprehensive conservation and  
management plan developed for the       
estuary under this subsection2  4  7#c7 
,information and educational activities 
,section #cbj7;b7 of the ,federal ,water
 ,pollution ,control ,act 7#cc ,u4,s4,c4
 #accj7;b77 is amended-- 7,a7 by        
redesignating paragraph 7#g7 as         
paragraph 7#h72 and  7,b7 by inserting  
after paragraph 7#f7 the following3     
7#g7 provide information and educational
 activities on the ecological health and
 water quality conditions of the        
estuary2 and  4  7#d7 ,conforming       
amendment ,the sentence following       
section #cbj7;b77#h7 of the ,federal    

,water ,pollution ,control ,act 7as so  
redesignated7 7#cc ,u4,s4,c4            
#accj7;b77#h77 is amended by striking   
paragraph 7#g7 and inserting paragraph  
7#h74  7b7 ,collaborative ,processes    
,section #cbj7;d7 of the ,federal ,water
 ,pollution ,control ,act 7#cc ,u4,s4,c4
 #accj7;d77 is amended-- 7#a7 by        
striking 7d7 and all that follows       
through ,in developing and inserting the
 following3  7d7 ,use of ,existing ,data
 and ,collaborative ,processes  7#a7    
,use of existing data ,in developing  2 
and  7#b7 by adding at the end the      
following3  7#b7 ,use of collaborative  
processes ,in updating a plan under     
subsection 7f77#d7 or developing a new  
plan under subsection 7b71 a management 
conference shall make use of            
collaborative processes-- 7,a7 to ensure
 equitable inclusion of affected        
interests2  7,b7 to engage with members 
of the management conference1 including 
through-- 7i7 the use of consensus-based
 decision rules2 and  7ii7 assistance   

from impartial facilitators1 as         
appropriate2  7,c7 to ensure relevant   
scientific1 technical1 and economic     
information is accessible to members2   
7,d7 to promote accountability and      
transparency by ensuring members are    
informed in a timely manner of-- 7i7 the
 purposes and objectives of the         
management conference2 and  7ii7 the    
results of an evaluation conducted under
 subsection 7f77#f72  7,e7 to identify  
the roles and responsibilities of       
members-- 7i7 in the management         
conference proceedings2 and  7ii7 in the
 implementation of the plan2 and  7,f7  
to seek resolution of conflicts or      
disputes as necessary4  4  7c7          
,administration of ,plans ,section #cbj 
of the ,federal ,water ,pollution       
,control ,act 7#cc ,u4,s4,c4 #accj7 is  
amended by striking subsection 7f7 and  
inserting the following3  7f7           
,administration of ,plans  7#a7         
,approval ,not later than #abj days     
after the date on which a management    

conference submits to the ,administrator
 a comprehensive conservation and       
management plan under this section1 and 
after providing for public review and   
comment1 the ,administrator shall       
approve the plan1 if-- 7,a7 the         
,administrator determines that the plan 
meets the requirements of this section2 
and  7,b7 each affected ,governor       
concurs4  7#b7 ,completeness  7,a7 ,in  
general ,if the ,administrator          
determines that a plan is incomplete    
under paragraph 7#a7 or 7#g71 the       
,administrator shall-- 7i7 provide the  
management conference with written      
notification of the basis of that       
finding2 and  7ii7 allow the management 
conference to resubmit a revised plan   
that addresses1 to the maximum extent   
practicable1 the comments contained in  
the written notification of the         
,administrator described in clause 7i74 
7,b7 ,resubmission ,if the              
,administrator determines that a revised
 plan submitted under subparagraph      

7,a77ii7 remains incomplete under       
paragraph 7#a7 or 7#g71 the             
,administrator shall allow the          
management conference to resubmit a     
revised plan in accordance with         
subparagraph 7,a74  7,c7 ,scope of      
review ,in determining whether to       
approve a comprehensive conservation and
 management plan under paragraph 7#a7 or
 7#g71 the ,administrator-- 7i7 shall   
limit the scope of review to a          
determination of whether the plan meets 
the minimum requirements of this        
section2 and  7ii7 may not impose1 as a 
condition of approval1 any additional   
requirements4  7#c7 ,failure of the     
,administrator to respond ,if1 by the   
date that is #abj days after the date on
 which a plan is submitted or           
resubmitted under paragraph 7#a71 7#b71 
or 7#g7 the ,administrator fails to     
respond to the submission or            
resubmission in writing1 the plan shall 
be considered approved4  7#d7 ,failure  
to submit a plan ,if1 by the date that  

is #c years after the date on which a   
management conference is convened1 that 
management conference fails to submit a 
comprehensive conservation and          
management plan or to secure approval   
for the comprehensive conservation and  
management plan under this subsection1  
the ,administrator shall terminate the  
management conference convened under    
this section4  7#e7 ,implementation     
7,a7 ,in general ,on the approval of a  
comprehensive conservation and          
management plan under this section1 the 
plan shall be implemented4  7,b7 ,use of
 authorized amounts ,amounts authorized 
to be appropriated under titles ,,ii and
 ,,vi and section #cai may be used in   
accordance with the applicable          
requirements of this ,act to assist     
,states with the implementation of a    
plan approved under paragraph 7#a74     
7#f7 ,evaluation  7,a7 ,in general ,not 
later than #e years after the date of   
enactment of this paragraph1 and every  
#e years thereafter1 the ,administrator 

shall carry out an evaluation of the    
implementation of each comprehensive    
conservation and management plan        
developed under this section to         
determine the degree to which the goals 
of the plan have been met4  7,b7 ,review
 and comment by management conference   
,in completing an evaluation under      
subparagraph 7,a71 the ,administrator   
shall submit the results of the         
evaluation to the appropriate management
 conference for review and comment4     
7,c7 ,report  7i7 ,in general ,in       
completing an evaluation under          
subparagraph 7,a71 and after providing  
an opportunity for a management         
conference to submit comments under     
subparagraph 7,b71 the ,administrator   
shall issue a report on the results of  
the evaluation1 including the findings  
and recommendations of the              
,administrator and any comments received
 from the management conference4  7ii7  
,availability to public ,the            
,administrator shall make a report      

issued under this subparagraph available
 to the public1 including through       
publication in the ,federal ,register   
and on the ,internet4  7,d7 ,special    
rule for new plans ,notwithstanding     
subparagraph 7,a71 if a management      
conference submits a new comprehensive  
conservation and management plan to the 
,administrator after the date of        
enactment of this paragraph1 the        
,administrator shall complete the       
evaluation of the implementation of the 
plan required by subparagraph 7,a7 not  
later than #e years after the date of   
such submission and every #e years      
thereafter4  7#g7 ,updates  7,a7        
,requirement ,not later than #ah months 
after the date on which the             
,administrator makes an evaluation of   
the implementation of a comprehensive   
conservation and management plan        
available to the public under paragraph 
7#f77;,c71 a management conference      
convened under this section shall submit
 to the ,administrator an update of the 

plan that reflects1 to the maximum      
extent practicable1 the results of the  
program evaluation4  7,b7 ,approval of  
updates ,not later than #abj days after 
the date on which a management          
conference submits to the ,administrator
 an updated comprehensive conservation  
and management plan under subparagraph  
7,a71 and after providing for public    
review and comment1 the ,administrator  
shall approve the updated plan1 if the  
,administrator determines that the      
updated plan meets the requirements of  
this section4  7#h7 ,probationary status
 ,the ,administrator may consider a     
management conference convened under    
this section to be in probationary      
status1 if the management conference has
 not received approval for an updated   
comprehensive conservation and          
management plan under paragraph         
7#g77;,b7 on or before the last day of  
the #e-year period beginning on the date
 on which the ,administrator makes an   
evaluation of the plan available to the 

public under paragraph 7#f77;,c74  4    
7d7 ,federal ,agencies ,section #cbj of 
the ,federal ,water ,pollution ,control 
,act 7#cc ,u4,s4,c4 #accj7 is amended-- 
7#a7 by redesignating subsections 7g71  
7h71 7i71 7j71 and 7k7 as subsections   
7h71 7i71 7j71 7k71 and 7m71            
respectively2 and  7#b7 by inserting    
after subsection 7f7 the following3  7g7
 ,federal ,agencies  7#a7 ,coordination 
and cooperation  7,a7 ,in general ,the  
,secretary of the ,army 7acting through 
the ,chief of ,engineers71 the          
,administrator of the ,national ,oceanic
 and ,atmospheric ,administration1 the  
,director of the ,united ,states ,fish  
and ,wildlife ,service1 the ,secretary  
of the ,department of ,agriculture1 the 
,director of the ,united ,states        
,geological ,survey1 the ,secretary of  
the ,department of ,transportation1 the 
,secretary of the ,department of        
,housing and ,urban ,development1 and   
the heads of other appropriate ,federal 
agencies1 as determined by the          

,administrator1 shall1 to the maximum   
extent practicable1 cooperate and       
coordinate activities1 including        
monitoring activities1 related to the   
implementation of a comprehensive       
conservation and management plan        
approved by the ,administrator4  7,b7   
,lead coordinating agency ,the          
,environmental ,protection ,agency shall
 serve as the lead coordinating agency  
under this paragraph4  7#b7             
,consideration of plans in agency budget
 requests ,in making an annual budget   
request for a ,federal agency referred  
to in paragraph 7#a71 the head of such  
agency shall consider the               
responsibilities of the agency under    
this section1 including under           
comprehensive conservation and          
management plans approved by the        
,administrator4  7#c7 ,monitoring ,the  
heads of the ,federal agencies referred 
to in paragraph 7#a7 shall collaborate  
on the development of tools and         
methodologies for monitoring the        

ecological health and water quality     
conditions of estuaries covered by a    
management conference convened under    
this section4  4  7e7 ,grants  7#a7 ,in 
general ,subsection 7h7 7as redesignated
 by subsection 7d77 of section #cbj of  
the ,federal ,water ,pollution ,control 
,act 7#cc ,u4,s4,c4 #accj7 is amended by
 adding at the end the following3  7#d7 
,effects of probationary status  7,a7   
,reductions in grant amounts ,the       
,administrator shall reduce1 by an      
amount to be determined by the          
,administrator1 grants for the          
implementation of a comprehensive       
conservation and management plan        
developed by a management conference    
convened under this section1 if the     
,administrator determines that the      
management conference is in probationary
 status under subsection 7f77#h74  7,b7 
,termination of management conferences  
,the ,administrator shall terminate a   
management conference convened under    
this section1 and cease funding for the 

implementation of the comprehensive     
conservation and management plan        
developed by the management conference1 
if the ,administrator determines that   
the management conference has been in   
probationary status for #b consecutive  
years4  4  7#b7 ,conforming amendment   
,section #cbj7;i7 the ,federal ,water   
,pollution ,control ,act 7as            
redesignated by subsection 7d77 is      
amended by striking subsection 7g7 and  
inserting subsection 7h74  7f7          
,authorization of ,appropriations       
,section #cbj of the ,federal ,water    
,pollution ,control ,act 7#cc ,u4,s4,c4 
#accj7 7as redesignated by subsection   
7d77 is amended by striking subsection  
7j7 and inserting the following3  7j7   
,authorization of ,appropriations  7#a7 
,in general ,there is authorized to be  
appropriated to the ,administrator      
#ce1jjj1jjj for each of fiscal years    
#bjae through #bjai for-- 7,a7 expenses 
relating to the administration of grants
 by the ,administrator under this       

section1 including the award and        
oversight of grants1 except that such   
expenses shall not exceed #e percent of 
the amount appropriated under this      
subsection2  7,b7 making grants under   
subsection 7h72 and  7,c7 monitoring the
 implementation of a conservation and   
management plan by the management       
conference1 or by the ,administrator in 
any case in which the conference has    
been terminated4  7#b7 ,allocations ,the
 ,administrator shall provide at least  
#hj percent of the amounts appropriated 
under this subsection per fiscal year   
for the development1 implementation1 and
 monitoring of each conservation and    
management plan eligible for grant      
assistance under subsection 7h74  7#c7  
,requirement ,the ,administrator shall  
include in the annual budget request of 
the ,environmental ,protection ,agency a
 clear description of the amounts       
requested by the ,administrator to make 
grants under paragraph 7#a77;,b74  4    
7g7 ,research ,section #cbj7k77#a77;,a7 

of the ,federal ,water ,pollution       
,control ,act 7as redesignated by       
subsection 7d77 is amended-- 7#a7 by    
striking paramenters and inserting      
parameters2 and  7#b7 by inserting      
7including monitoring of both pathways  
and ecosystems to track the introduction
 and establishment of nonnative species7
 before 1 to provide the ,administrator4
  7h7 ,national ,estuary ,program       
,evaluation ,section #cbj of the        
,federal ,water ,pollution ,control ,act
 7#cc ,u4,s4,c4 #accj7 is amended by    
inserting after subsection 7k7 7as      
redesignated by subsection 7d77 the     
following3  7l7 ,national ,estuary      
,program ,evaluation  7#a7 ,in general  
,not later than #e years after the date 
of enactment of this paragraph1 and     
every #e years thereafter1 the          
,administrator shall complete an        
evaluation of the national estuary      
program established under this section4 
7#b7 ,specific assessments ,in          
conducting an evaluation under this     

subsection1 the ,administrator shall--  
7,a7 assess the effectiveness of the    
national estuary program in improving   
water quality1 natural resources1 and   
sustainable uses of the estuaries       
covered by management conferences       
convened under this section2  7,b7      
identify best practices for improving   
water quality1 natural resources1 and   
sustainable uses of the estuaries       
covered by management conferences       
convened under this section1 including  
those practices funded through the use  
of technical assistance from the        
,environmental ,protection ,agency and  
other ,federal agencies2  7,c7 assess   
the reasons why the best practices      
described in subparagraph 7,b7 resulted 
in the achievement of program goals2    
7,d7 identify any redundant requirements
 for reporting by recipients of a grant 
under this section2 and  7,e7 develop   
and recommend a plan for eliminating any
 redundancies4  7#c7 ,report ,in        
completing an evaluation under this     

subsection1 the ,administrator shall    
issue a report on the results of the    
evaluation1 including the findings and  
recommendations of the ,administrator4  
7#d7 ,availability ,the ,administrator  
shall make a report issued under this   
subsection available to management      
conferences convened under this section 
and the public1 including through       
publication in the ,federal ,register   
and on the ,internet4  4  7i7 ,convening
 of ,conference ,section #cbj7;a77#b7 of
 the ,federal ,water ,pollution ,control
 ,act 7#cc ,u4,s4,c4 #accj7;a77#b77 is  
amended-- 7#a7 by striking 7#b7         
,,convening ,,of ,,conference4-- and all
 that follows through ,in any case and  
inserting the following3  7#b7          
,convening of conference ,in any case  2
 and  7#b7 by striking subparagraph     
7,b74  ,july #ca1 #bjad,reported with an
 amendment