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U.S. Code as of:
01/19/04
Section 1267. 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.
(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) 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
(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) of this section 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 1251(a) of this title, 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 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 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) of this section 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, 1985, and 1995;
(C) assess the effectiveness of management strategies being
implemented on November 7, 2000, 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 November 7, 2000, 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) In general
Not later than 180 days after November 7, 2000, 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.
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