§ 1267. — Chesapeake Bay.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC1267]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 26--WATER POLLUTION PREVENTION AND CONTROL
SUBCHAPTER I--RESEARCH AND RELATED PROGRAMS
Sec. 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.
(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; amended Pub. L. 106-457,
title II, Sec. 203, Nov. 7, 2000, 114 Stat. 1967.)
Codification
November 7, 2000, referred to in subsecs. (h)(2)(C), (D), and
(i)(1), was in the original ``the date of enactment of this section'',
which was translated as meaning the date of enactment of Pub. L. 106-
457, which amended this section generally, to reflect the probable
intent of Congress.
Amendments
2000--Pub. L. 106-457 amended section generally, substituting
subsecs. (a) to (j) for former subsecs. (a) to (d), which related to
continuation of the Chesapeake Bay Program and establishment and
maintenance in the Environmental Protection Agency of an office,
division, or branch of Chesapeake Bay Programs, interstate development
plan grants, progress reports from grant recipient States, and
authorization of appropriations.
Findings and Purposes
Pub. L. 106-457, title II, Sec. 202, Nov. 7, 2000, 114 Stat. 1967,
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 [amending this section
and enacting provisions set out as a note under section 1251 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.''
Section Referred to in Other Sections
This section is referred to in section 2902 of this title.
