H. Rept. 116-288 - PROTECT AND RESTORE AMERICA'S ESTUARIES ACT116th Congress (2019-2020)
Committee Report
Hide Overview| Report Type: | House Report |
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| Accompanies: | H.R.4044 |
| Committees: | House Transportation and Infrastructure Committee |
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116th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 116-288
======================================================================
PROTECT AND RESTORE AMERICA'S ESTUARIES ACT
_______
November 13, 2019.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. DeFazio, from the Committee on Transportation and Infrastructure,
submitted the following
R E P O R T
[To accompany H.R. 4044]
[Including cost estimate of the Congressional Budget Office]
The Committee on Transportation and Infrastructure, to whom
was referred the bill (H.R. 4044) to amend the Federal Water
Pollution Control Act to reauthorize the National Estuary
Program, and for other purposes, having considered the same,
report favorably thereon without amendment and recommend that
the bill do pass.
CONTENTS
Page
Purpose of Legislation........................................... 1
Background and Need for Legislation.............................. 2
Hearings......................................................... 3
Legislative History and Consideration............................ 3
Committee Votes.................................................. 3
Committee Oversight Findings..................................... 4
New Budget Authority and Tax Expenditures........................ 4
Congressional Budget Office Cost Estimate........................ 4
Performance Goals and Objectives................................. 5
Duplication of Federal Programs.................................. 5
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits....................................................... 6
Federal Mandates Statement....................................... 6
Preemption Clarification......................................... 6
Advisory Committee Statement..................................... 6
Applicability to Legislative Branch.............................. 6
Section-by-Section Analysis of the Legislation................... 6
Changes in Existing Law Made by the Bill, as Reported............ 7
Purpose of Legislation
The purpose of H.R. 4044 is to amend section 320 of the
Federal Water Pollution Control Act (the Clean Water Act) to
reauthorize Federal appropriations for the National Estuary
Program (NEP) within the Environmental Protection Agency (EPA)
through fiscal year 2026.
Background and Need for Legislation
The Clean Water Act defines an estuary (and estuarine
zones) as all or part of the mouth of a river or stream or
other body of water having an unimpaired natural connection
with open sea where freshwater from rivers or streams mixes
with salt water from the ocean.\1\ Estuarine environments are
unique and highly productive ecosystems critical to the
ecological and economic well-being of the Nation's coastal
areas.
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\1\See Section 104(n)(1) of the Federal Water Pollution Control Act
(33 U.S.C. 1251(n)(4)).
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A healthy estuarine system has a lot relying on it. This
includes industries that represent the economic centers for
jobs and commerce in coastal states, such as fishing,
recreation, and tourism. They also provide natural areas for
ports and harbors to support these industries as well as
general shipping and transportation.
A diverse range of flora, fauna, birds, fish and other
wildlife also depend on estuaries. These areas provide habitat,
spawning and nesting grounds, and nutrients for the ecosystem.
Humans rely on estuaries for all these functions as well as for
natural water filtration and flood prevention and resiliency
benefits.
Despite these inherent values, EPA recognizes that
estuaries in the United States are under severe stress. The
impacts of human development and increased pollution cascade
throughout the ecosystem and watershed--from erosion and water
quality hazards to declines in species' populations. Ongoing
threats to estuaries include shoreline erosion and damage to
infrastructure, excessive nutrient contamination which may
result in outbreaks of harmful algal blooms, and accelerated
land loss.
Recognizing the importance of estuaries and all their
myriad functions, Congress created the National Estuary Program
(NEP) in 1987 under section 320 of the Clean Water Act. The NEP
authorizes States to nominate, and EPA to identify, estuaries
across the country that may require comprehensive restoration
planning and long-term protection strategies.
The NEP aims to address water quality problems in, and
promote the ecological integrity of, estuaries. This is
achieved through the convening of a management conference
compromised of Federal, state, and local government officials,
as well as local citizens, businessowners, educators,
researchers, and other interested stakeholders. The management
conference is responsible for the development and
implementation of locally-developed estuary management plans,
called Comprehensive Conservation and Management Plans (CCMPs).
The CCMP recommends targeted actions specific to the estuary's
watershed, with a science-driven and consensus-based approach.
This collaborative process has been successful nationwide and
has led to the restoration or protection of more than two
million acres since 2000.
The United States has about 130 estuaries; however only 28
estuaries are currently approved to receive Federal assistance
under the NEP. Appropriated funds are split evenly across all
28 programs, with a portion also going to a separate grant
program. The program was created in a 2016 reauthorization,
offering competitive grant awards for recipients working to
address issues threatening estuaries and their surrounding
coastal areas.
In 2016, Congress reauthorized section 320 of the Clean
Water Act through fiscal year 2021 (P.L. 114-162). Section 320
of the Clean Water Act most recently authorized the NEP at
$26.5 million per year. Federally authorized levels have been
as high as $35 million per year in past authorizations, and
current appropriated levels have consistently exceeded the 2016
authorized level. The authorization of these funds will expire
in fiscal year 2021.
Hearings
For the purposes of section 103(i) of H. Res. 6 of the
116th Congress, the following hearing was used to develop or
consider H.R. 4044:
On June 25, 2019, the Subcommittee on Water Resources and
Environment held a hearing, titled, ``Protecting and Restoring
America's Iconic Waters.'' The Subcommittee received testimony
from: Preston D. Cole, Secretary, Wisconsin Department of
Natural Resources; Dave Pine, Supervisor, District 1, San Mateo
County Board of Supervisors, Chair of the San Francisco Bay
Restoration Authority Governing Board; Laura Blackmore,
Executive Director, Puget Sound Partnership; William C. Baker,
President, Chesapeake Bay Foundation; Kristi Trail, Executive
Director, Lake Pontchartrain Basin Foundation; and Tom Ford,
Director, Santa Monica Bay National Estuary Program, The Bay
Foundation. Topics discussed at the hearing include the
importance of reauthorizing increased Federal appropriations
for EPA's National Estuaries Program to assist states and
communities to leverage additional funding for the restoration
and preservation of estuaries throughout the country.
Legislative History and Consideration
H.R. 4044 was introduced on July 25, 2019, by Mr.
Malinowski, Mrs. Fletcher, and Mr. Graves of Louisiana and
referred to the Committee on Transportation and Infrastructure.
Within the Committee, H.R. 4044 was referred to the
Subcommittee on Water Resources and Environment.
The Chair discharged the Subcommittee on Water Resources
and Environment from further consideration of H.R. 4044 on
September 19, 2019.
The Committee met in open session to consider H.R. 4044 on
September 19, 2019, and ordered the measure to be reported to
the House with a favorable recommendation, without amendment,
by voice vote, a quorum being present.
Committee Votes
Clause 3(b) of rule XIII of the Rules of the House of
Representatives requires each committee report to include the
total number of votes cast for and against on each record vote
on a motion to report and on any amendment offered to the
measure or matter, and the names of those members voting for
and against.
There were no recorded votes taken in connection with
consideration of H.R. 4044.
Committee Oversight Findings
With respect to the requirements of clause 3(c)(1) of rule
XIII of the Rules of the House of Representatives, the
Committee's oversight findings and recommendations are
reflected in this report.
New Budget Authority and Tax Expenditures
Clause 3(c)(2) of rule XIII of the Rules of the House of
Representatives does not apply where a cost estimate and
comparison prepared by the Director of the Congressional Budget
Office under section 402 of the Congressional Budget Act of
1974 has been timely submitted prior to the filing of the
report and is included in the report. Such a cost estimate is
included in this report.
Congressional Budget Office Cost Estimate
With respect to the requirement of clause 3(c)(3) of rule
XIII of the Rules of the House of Representatives and section
402 of the Congressional Budget Act of 1974, the Committee has
received the enclosed cost estimate for H.R. 4044 from the
Director of the Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, October 2, 2019.
Hon. Peter A. DeFazio,
Chairman, Committee on Transportation and Infrastructure,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 4044, the Protect
and Restore America's Estuaries Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Stephen
Rabent.
Sincerely,
Phillip L. Swagel,
Director.
Enclosure.
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Under current law $26.5 million is authorized to be
appropriated in 2020 and 2021 for the Environmental Protection
Agency's (EPA's) National Estuary Program. The bill would
eliminate those authorizations, but would authorize the
appropriation of $50 million a year over the 2022-2026 period
for the program.
Under the National Estuary Program, EPA designates national
estuaries and establishes a management conference that
implements conservation and management plan for estuaries. EPA
provides grants and makes competitive awards to aid
implementation of those plans. The Congress appropriated $27
million in 2019 for those purposes. H.R. 4044 would add several
new areas to a list of regions that EPA is required to give
priority consideration to under the program, expand the
selection criteria for competitive awards, and expand the
purpose of management conferences to include addressing the
effects of extreme weather events and increasing public
education on the conditions of the estuary.
Assuming appropriation action consistent with the bill and
based on historical spending patterns, CBO estimates that
implementing the bill would cost $70 million over the 2020-2024
period and $127 million after 2024. The costs of the
legislation, detailed in Table 1, fall within budget function
300 (natural resources and environment).
TABLE 1.--ESTIMATED BUDGETARY EFFECTS OF H.R. 4044
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By fiscal year, millions of dollars--
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2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2020-2024 2020-2029
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Increases or Decreases (-) in Spending Subject to Appropriation Estimated Authorizations
Estimated Authorizations.................................. -26 -26 50 50 50 50 50 0 0 0 97 197
Estimated Outlays......................................... -17 -23 25 39 46 50 50 18 8 3 70 197
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The CBO staff contact for this estimate is Stephen Rabent.
The estimate was reviewed by H. Samuel Papenfuss, Deputy
Assistant Director for Budget Analysis.
Performance Goals and Objectives
With respect to the requirement of clause 3(c)(4) of rule
XIII of the rules of the House of Representatives, the
performance goal and objective of this legislation is to
reauthorize Federal appropriations for EPA's National Estuary
Program, and to provide Federal resources to protect and
restore the water quality and ecological integrity of estuaries
of national significance.
Duplication of Federal Programs
Pursuant to clause 3(c)(5) of rule XIII of the Rules of the
House of Representatives, the Committee finds that no provision
of H.R. 4044 establishes or reauthorizes a program of the
federal government known to be duplicative of another federal
program, a program that was included in any report from the
Government Accountability Office to Congress pursuant to
section 21 of Public Law 111-139, or a program related to a
program identified in the most recent Catalog of Federal
Domestic Assistance.
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits
In compliance with clause 9 of rule XXI of the Rules of the
House of Representatives, this bill, as reported, contains no
congressional earmarks, limited tax benefits, or limited tariff
benefits as defined in clause 9(e), 9(f), or 9(g) of the rule
XXI.
Federal Mandates Statement
The Committee adopts as its own the estimate of federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to section 423 of the Unfunded Mandates Reform
Act (Public Law 104-4).
Preemption Clarification
Section 423 of the Congressional Budget Act of 1974
requires the report of any Committee on a bill or joint
resolution to include a statement on the extent to which the
bill or joint resolution is intended to preempt state, local,
or tribal law. The Committee finds that H.R. 4044 does not
preempt any state, local, or tribal law.
Advisory Committee Statement
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act were created by this
legislation.
Applicability to Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act (Public Law
104-1).
Section-by-Section Analysis of the Legislation
Sec. 1. Title
This section provides that this bill may be cited as the
``Protect and Restore America's Estuaries Act''.
Sec. 2. Management conference
This section amends section 320(a)(2)(B) of the Clean Water
Act to codify all existing estuary restoration programs
currently recognized by the Administrator of EPA.
Sec. 3. Purposes of conference
This section amends section 320(b)(4) of the Clean Water
Act to include additional factors for consideration by the
management conference when each NEP updates its comprehensive
conservation and management plan.
Subparagraph (A) maintains existing law for what the plan
should include in its recommendations.
Subparagraph (B) requires future comprehensive conservation
and management plans to address the effects of recurring
extreme weather events on the estuary. It also requires future
plans to identify and assess vulnerabilities specific to the
estuary and develop and implement corresponding adaptation
strategies.
Subparagraph (C) requires that future comprehensive
conservation and management plans identify actions that can
increase public education and awareness of the ecological
health and water quality conditions of the estuary.
Sec. 4. Members of conference
This section amends section 320(c)(5) of the Clean Water
Act to insert ``nonprofit organizations'' as an eligible member
of a management conference convened under section 320(a).
Sec. 5. Grants
This section amends section 320(g)(4)(C) to expand the type
of projects eligible for selection as recipients for grants
under section 320(g). Under this provision, NEP funding would
be specifically authorized to address: (1) ``emerging'' issues
that threaten the ecological and economic well-being of
estuaries; (2) issues related to coastal resiliency; (3)
stormwater runoff; and (4) accelerated land loss. This section
would also clarify that projects to address extreme weather
events would be eligible for the consideration of award
recipients.
Sec. 6. Authorization of appropriations
This section authorizes appropriations of $50 million
annually through fiscal year 2026.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, and existing law in which no
change is proposed is shown in roman):
FEDERAL WATER POLLUTION CONTROL ACT
* * * * * * *
TITLE III--STANDARDS AND ENFORCEMENT
* * * * * * *
SEC. 320. NATIONAL ESTUARY PROGRAM.
(a) Management Conference.--
(1) Nomination of estuaries.--The Governor of any
State may nominate to the Administrator an estuary
lying in whole or in part within the State as an
estuary of national significance and request a
management conference to develop a comprehensive
management plan for the estuary. The nomination shall
document the need for the conference, the likelihood of
success, and information relating to the factors in
paragraph (2).
(2) Convening of conference.--
(A) In general.--In any case where the
Administrator determines, on his own initiative
or upon nomination of a State under paragraph
(1), that the attainment or maintenance of that
water quality in an estuary which assures
protection of public water supplies and the
protection and propagation of a balanced,
indigenous population of shellfish, fish, and
wildlife, and allows recreational activities,
in and on the water, requires the control of
point and nonpoint sources of pollution to
supplement existing controls of pollution in
more than one State, the Administrator shall
select such estuary and convene a management
conference.
(B) Priority consideration.--The
Administrator shall give priority consideration
under this section to Long Island Sound, New
York and Connecticut; Narragansett Bay, Rhode
Island; Buzzards Bay, Massachusetts;
Massachusetts Bay, Massachusetts (including
Cape Cod Bay and Boston Harbor); Puget Sound,
Washington; New York-New Jersey Harbor, New
York and New Jersey; Delaware Bay, Delaware and
New Jersey; Delaware Inland Bays, Delaware;
Albermarle Sound, North Carolina; Sarasota Bay,
Florida; San Francisco Bay, California; Santa
Monica Bay, California; Galveston Bay, Texas;
Barataria-Terrebonne Bay estuary complex,
Louisiana; Indian River Lagoon, Florida; Lake
Pontchartrain Basin, Louisiana and Mississippi;
[and Peconic Bay, New York] Peconic Bay, New
York; Casco Bay, Maine; Tampa Bay, Florida;
Coastal Bend, Texas; San Juan Bay, Puerto Rico;
Tillamook Bay, Oregon; Piscataqua Region, New
Hampshire; Barnegat Bay, New Jersey; Maryland
Coastal Bays, Maryland; Charlotte Harbor,
Florida; Mobile Bay, Alabama; Morro Bay,
California; and Lower Columbia River, Oregon
and Washington.
(3) Boundary dispute exception.--In any case in which
a boundary between two States passes through an estuary
and such boundary is disputed and is the subject of an
action in any court, the Administrator shall not
convene a management conference with respect to such
estuary before a final adjudication has been made of
such dispute.
(b) Purposes of Conference.--The purposes of any management
conference convened with respect to an estuary under this
subsection shall be to--
(1) assess trends in water quality, natural
resources, and uses of the estuary;
(2) collect, characterize, and assess data on toxics,
nutrients, and natural resources within the estuarine
zone to identify the causes of environmental problems;
(3) develop the relationship between the inplace
loads and point and nonpoint loadings of pollutants to
the estuarine zone and the potential uses of the zone,
water quality, and natural resources;
(4) develop a comprehensive conservation and
[management plan that recommends] management plan
that--
(A) recommends priority corrective actions
and compliance schedules addressing point and
nonpoint sources of pollution to restore and
maintain the chemical, physical, and biological
integrity of the estuary, including restoration
and maintenance of water quality, a balanced
indigenous population of shellfish, fish and
wildlife, and recreational activities in the
estuary, and assure that the designated uses of
the estuary are protected;
(B) addresses the effects of recurring
extreme weather events on the estuary,
including the identification and assessment of
vul-ner-a-bil-i-ties in the estuary and the
development and implementation of adaptation
strategies; and
(C) increases public education and awareness
of the ecological health and water quality
conditions of the estuary;
(5) develop plans for the coordinated implementation
of the plan by the States as well as Federal and local
agencies participating in the conference;
(6) monitor the effectiveness of actions taken
pursuant to the plan; and
(7) review all Federal financial assistance programs
and Federal development projects in accordance with the
requirements of Executive Order 12372, as in effect on
September 17, 1983, to determine whether such
assistance program or project would be consistent with
and further the purposes and objectives of the plan
prepared under this section.
For purposes of paragraph (7), such programs and projects shall
not be limited to the assistance programs and development
projects subject to Executive Order 12372, but may include any
programs listed in the most recent Catalog of Federal Domestic
Assistance which may have an effect on the purposes and
objectives of the plan developed under this section.
(c) Members of Conference.--The members of a management
conference convened under this section shall include, at a
minimum, the Administrator and representatives of--
(1) each State and foreign nation located in whole or
in part in the estuarine zone of the estuary for which
the conference is convened;
(2) international, interstate, or regional agencies
or entities having jurisdiction over all or a
significant part of the estuary;
(3) each interested Federal agency, as determined
appropriate by the Administrator;
(4) local governments having jurisdiction over any
land or water within the estuarine zone, as determined
appropriate by the Administrator; and
(5) affected industries, public and private
educational institutions, nonprofit organizations, and
the general public, as determined appropriate by the
Administrator.
(d) Utilization of Existing Data.--In developing a
conservation and management plan under this section, the
management conference shall survey and utilize existing
reports, data, and studies relating to the estuary that have
been developed by or made available to Federal, interstate,
State, and local agencies.
(e) Period of Conference.--A management conference convened
under this section shall be convened for a period not to exceed
5 years. Such conference may be extended by the Administrator,
and if terminated after the initial period, may be reconvened
by the Administrator at any time thereafter, as may be
necessary to meet the requirements of this section.
(f) Approval and Implementation of Plans.--
(1) Approval.--Not later than 120 days after the
completion of a conservation and management plan and
after providing for public review and comment, the
Administrator shall approve such plan if the plan meets
the requirements of this section and the affected
Governor or Governors concur.
(2) Implementation.--Upon approval of a conservation
and management plan under this section, such plan shall
be implemented. Funds authorized to be appropriated
under titles II and VI and section 319 of this Act may
be used in accordance with the applicable requirements
of this Act to assist States with the implementation of
such plan.
(g) Grants.--
(1) Recipients.--The Administrator is authorized to
make grants to State, interstate, and regional water
pollution control agencies and entities, State coastal
zone management agencies, interstate agencies, other
public or nonprofit private agencies, institutions,
organizations, and individuals.
(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.
(4) Competitive awards.--
(A) In general.--Using the amounts made
available under subsection (i)(2)(B), the
Administrator shall make competitive awards
under this paragraph.
(B) Application for awards.--The
Administrator shall solicit applications for
awards under this paragraph from State,
interstate, and regional water pollution
control agencies and entities, State coastal
zone management agencies, interstate agencies,
other public or nonprofit private agencies,
institutions, organizations, and individuals.
(C) Selection of recipients.--In selecting
award recipients under this paragraph, the
Administrator shall select recipients that are
best able to address urgent, emerging, and
challenging issues that threaten the ecological
and economic well-being of coastal areas or
that relate to coastal resiliency. Such issues
shall include--
(i) extensive seagrass habitat losses
resulting in significant impacts on
fisheries and water quality;
(ii) recurring harmful algae blooms;
(iii) unusual marine mammal
mortalities;
(iv) invasive exotic species that may
threaten wastewater systems and cause
other damage;
(v) jellyfish proliferation limiting
community access to water during peak
tourism seasons;
(vi) stormwater runoff;
(vii) accelerated land loss;
[(vi)] (viii) flooding that may be
related to sea level rise, extreme
weather, or wetland degradation or
loss; and
[(vii)] (ix) low dissolved oxygen
conditions in estuarine waters and
related nutrient management.
(h) Grant Reporting.--Any person (including a State,
interstate, or regional agency or entity) that receives a grant
under subsection (g) shall report to the Administrator not
later than 18 months after receipt of such grants and
biennially thereafter on the progress being made under this
section.
(i) Authorization of Appropriations.--
(1) In general.--There is authorized to be
appropriated to the Administrator [$26,500,000 for each
of fiscal years 2017 through 2021] $50,000,000 for each
of fiscal years 2022 through 2026 for--
(A) expenses relating to the administration
of grants or awards by the Administrator under
this section, including the award and oversight
of grants and awards, except that such expenses
may not exceed 5 percent of the amount
appropriated under this subsection for a fiscal
year; and
(B) making grants and awards under subsection
(g).
(2) Allocations.--
(A) Conservation and management plans.--Not
less than 80 percent of the amount made
available under this subsection for a fiscal
year shall be used by the Administrator to
provide grant assistance for the development,
implementation, and monitoring of each of the
conservation and management plans eligible for
grant assistance under subsection (g)(2).
(B) Competitive awards.--Not less than 15
percent of the amount made available under this
subsection for a fiscal year shall be used by
the Administrator for making competitive awards
described in subsection (g)(4).
(j) Research.--
(1) Programs.--In order to determine the need to
convene a management conference under this section or
at the request of such a management conference, the
Administrator shall coordinate and implement, through
the National Marine Pollution Program Office and the
National Marine Fisheries Service of the National
Oceanic and Atmospheric Administration, as appropriate,
for one or more estuarine zones--
(A) a long-term program of trend assessment
monitoring measuring variations in pollutant
concentrations, marine ecology, and other
physical or biological environmental parameters
which may affect estuarine zones, to provide
the Administrator the capacity to determine the
potential and actual effects of alternative
management strategies and measures;
(B) a program of ecosystem assessment
assisting in the development of (i) baseline
studies which determine the state of estuarine
zones and the effects of natural and
anthropogenic changes, and (ii) predictive
models capable of translating information on
specific discharges or general pollutant
loadings within estuarine zones into a set of
probable effects on such zones;
(C) a comprehensive water quality sampling
program for the continuous monitoring of
nutrients, chlorine, acid precipitation
dissolved oxygen, and potentially toxic
pollutants (including organic chemicals and
metals) in estuarine zones, after consultation
with interested State, local, interstate, or
international agencies and review and analysis
of all environmental sampling data presently
collected from estuarine zones; and
(D) a program of research to identify the
movements of nutrients, sediments and
pollutants through estuarine zones and the
impact of nutrients, sediments, and pollutants
on water quality, the ecosystem, and designated
or potential uses of the estuarine zones.
(2) Reports.--The Administrator, in cooperation with
the Administrator of the National Oceanic and
Atmospheric Administration, shall submit to the
Congress no less often than biennially a comprehensive
report on the activities authorized under this
subsection including--
(A) a listing of priority monitoring and
research needs;
(B) an assessment of the state and health of
the Nation's estuarine zones, to the extent
evaluated under this subsection;
(C) a discussion of pollution problems and
trends in pollutant concentrations with a
direct or indirect effect on water quality, the
ecosystem, and designated or potential uses of
each estuarine zone, to the extent evaluated
under this subsection; and
(D) an evaluation of pollution abatement
activities and management measures so far
implemented to determine the degree of
improvement toward the objectives expressed in
subsection (b)(4) of this section.
(k) Definitions.--For purposes of this section, the terms
``estuary'' and ``estuarine zone'' have the meanings such terms
have in section 104(n)(4) of this Act, except that the term
``estuarine zone'' shall also include associated aquatic
ecosystems and those portions of tributaries draining into the
estuary up to the historic height of migration of anadromous
fish or the historic head of tidal influence, whichever is
higher.
* * * * * * *
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