33 U.S.C. § 1329 — Nonpoint source management programs

Page 552 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1329 (June 30, 1948, ch. 758, title III, § 318, as added Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 877; amended Pub. L. 95–217, § 63, Dec. 27, 1977, 91 Stat. 1599.) Editorial Notes AMENDMENTS 1977—Subsec. (a). Pub. L. 95–217 inserted ‘‘pursuant to section 1342 of this title’’ after ‘‘Federal or State super- vision’’. Subsec. (b). Pub. L. 95–217 struck out ‘‘, not later than January 1, 1974,’’ after ‘‘The Administrator shall by regulation’’ in existing provisions and inserted pro- visions that the regulations require the application to the discharge of each criterion, factor, procedure, and requirement applicable to a permit issued under sec- tion 1342 of this title, as the Administrator determines necessary to carry out the objectives of this chapter. Subsec. (c). Pub. L. 95–217 added subsec. (c). § 1329. Nonpoint source management programs (a) State assessment reports (1) Contents The Governor of each State shall, after no- tice and opportunity for public comment, pre- pare and submit to the Administrator for ap- proval, a report which— (A) identifies those navigable waters with- in the State which, without additional ac- tion to control nonpoint sources of pollu- tion, cannot reasonably be expected to at- tain or maintain applicable water quality standards or the goals and requirements of this chapter; (B) identifies those categories and subcat- egories of nonpoint sources or, where appro- priate, particular nonpoint sources which add significant pollution to each portion of the navigable waters identified under sub- paragraph (A) in amounts which contribute to such portion not meeting such water quality standards or such goals and require- ments; (C) describes the process, including inter- governmental coordination and public par- ticipation, for identifying best management practices and measures to control each cat- egory and subcategory of nonpoint sources and, where appropriate, particular nonpoint sources identified under subparagraph (B) and to reduce, to the maximum extent prac- ticable, the level of pollution resulting from such category, subcategory, or source; and (D) identifies and describes State and local programs for controlling pollution added from nonpoint sources to, and improving the quality of, each such portion of the navi- gable waters, including but not limited to those programs which are receiving Federal assistance under subsections (h) and (i). (2) Information used in preparation In developing the report required by this section, the State (A) may rely upon informa- tion developed pursuant to sections 1288, 1313(e), 1314(f), 1315(b), and 1324 of this title, and other information as appropriate, and (B) may utilize appropriate elements of the waste treatment management plans developed pursu- ant to sections 1288(b) and 1313 of this title, to the extent such elements are consistent with and fulfill the requirements of this section. (b) State management programs (1) In general The Governor of each State, for that State or in combination with adjacent States, shall, after notice and opportunity for public com- ment, prepare and submit to the Adminis- trator for approval a management program which such State proposes to implement in the first four fiscal years beginning after the date of submission of such management pro- gram for controlling pollution added from nonpoint sources to the navigable waters with- in the State and improving the quality of such waters. (2) Specific contents Each management program proposed for im- plementation under this subsection shall in- clude each of the following: (A) An identification of the best manage- ment practices and measures which will be undertaken to reduce pollutant loadings re- sulting from each category, subcategory, or particular nonpoint source designated under paragraph (1)(B), taking into account the impact of the practice on ground water qual- ity. (B) An identification of programs (includ- ing, as appropriate, nonregulatory or regu- latory programs for enforcement, technical assistance, financial assistance, education, training, technology transfer, and dem- onstration projects) to achieve implementa- tion of the best management practices by the categories, subcategories, and particular nonpoint sources designated under subpara- graph (A). (C) A schedule containing annual mile- stones for (i) utilization of the program im- plementation methods identified in subpara- graph (B), and (ii) implementation of the best management practices identified in sub- paragraph (A) by the categories, subcat- egories, or particular nonpoint sources des- ignated under paragraph (1)(B). Such sched- ule shall provide for utilization of the best management practices at the earliest prac- ticable date. (D) A certification of the attorney general of the State or States (or the chief attorney of any State water pollution control agency which has independent legal counsel) that the laws of the State or States, as the case may be, provide adequate authority to im- plement such management program or, if there is not such adequate authority, a list of such additional authorities as will be nec- essary to implement such management pro- gram. A schedule and commitment by the State or States to seek such additional au- thorities as expeditiously as practicable. (E) Sources of Federal and other assist- ance and funding (other than assistance pro- vided under subsections (h) and (i)) which will be available in each of such fiscal years for supporting implementation of such prac- tices and measures and the purposes for which such assistance will be used in each of such fiscal years. (F) An identification of Federal financial assistance programs and Federal develop- Page 553 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1329 ment projects for which the State will re- view individual assistance applications or development projects for their effect on water quality pursuant to the procedures set forth in Executive Order 12372 as in effect on September 17, 1983, to determine whether such assistance applications or development projects would be consistent with the pro- gram prepared under this subsection; for the purposes of this subparagraph, identification shall not be limited to the assistance pro- grams or 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 State’s nonpoint source pollution management program. (3) Utilization of local and private experts In developing and implementing a manage- ment program under this subsection, a State shall, to the maximum extent practicable, in- volve local public and private agencies and or- ganizations which have expertise in control of nonpoint sources of pollution. (4) Development on watershed basis A State shall, to the maximum extent prac- ticable, develop and implement a management program under this subsection on a watershed- by-watershed basis within such State. (c) Administrative provisions (1) Cooperation requirement Any report required by subsection (a) and any management program and report required by subsection (b) shall be developed in co- operation with local, substate regional, and interstate entities which are actively planning for the implementation of nonpoint source pollution controls and have either been cer- tified by the Administrator in accordance with section 1288 of this title, have worked jointly with the State on water quality management planning under section 1285(j) of this title, or have been designated by the State legislative body or Governor as water quality manage- ment planning agencies for their geographic areas. (2) Time period for submission of reports and management programs Each report and management program shall be submitted to the Administrator during the 18-month period beginning on February 4, 1987. (d) Approval or disapproval of reports and man- agement programs (1) Deadline Subject to paragraph (2), not later than 180 days after the date of submission to the Ad- ministrator of any report or management pro- gram under this section (other than sub- sections (h), (i), and (k)), the Administrator shall either approve or disapprove such report or management program, as the case may be. The Administrator may approve a portion of a management program under this subsection. If the Administrator does not disapprove a re- port, management program, or portion of a management program in such 180-day period, such report, management program, or portion shall be deemed approved for purposes of this section. (2) Procedure for disapproval If, after notice and opportunity for public comment and consultation with appropriate Federal and State agencies and other inter- ested persons, the Administrator determines that— (A) the proposed management program or any portion thereof does not meet the re- quirements of subsection (b)(2) of this sec- tion or is not likely to satisfy, in whole or in part, the goals and requirements of this chapter; (B) adequate authority does not exist, or adequate resources are not available, to im- plement such program or portion; (C) the schedule for implementing such program or portion is not sufficiently expe- ditious; or (D) the practices and measures proposed in such program or portion are not adequate to reduce the level of pollution in navigable waters in the State resulting from nonpoint sources and to improve the quality of navi- gable waters in the State; the Administrator shall within 6 months of the receipt of the proposed program notify the State of any revisions or modifications nec- essary to obtain approval. The State shall thereupon have an additional 3 months to sub- mit its revised management program and the Administrator shall approve or disapprove such revised program within three months of receipt. (3) Failure of State to submit report If a Governor of a State does not submit the report required by subsection (a) within the period specified by subsection (c)(2), the Ad- ministrator shall, within 30 months after Feb- ruary 4, 1987, prepare a report for such State which makes the identifications required by paragraphs (1)(A) and (1)(B) of subsection (a). Upon completion of the requirement of the preceding sentence and after notice and oppor- tunity for comment, the Administrator shall report to Congress on his actions pursuant to this section. (e) Local management programs; technical as- sistance If a State fails to submit a management pro- gram under subsection (b) or the Administrator does not approve such a management program, a local public agency or organization which has expertise in, and authority to, control water pol- lution resulting from nonpoint sources in any area of such State which the Administrator de- termines is of sufficient geographic size may, with approval of such State, request the Admin- istrator to provide, and the Administrator shall provide, technical assistance to such agency or organization in developing for such area a man- agement program which is described in sub- section (b) and can be approved pursuant to sub- section (d). After development of such manage- ment program, such agency or organization shall submit such management program to the Administrator for approval. If the Adminis- Page 554 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1329 trator approves such management program, such agency or organization shall be eligible to receive financial assistance under subsection (h) for implementation of such management pro- gram as if such agency or organization were a State for which a report submitted under sub- section (a) and a management program sub- mitted under subsection (b) were approved under this section. Such financial assistance shall be subject to the same terms and conditions as as- sistance provided to a State under subsection (h). (f) Technical assistance for States Upon request of a State, the Administrator may provide technical assistance to such State in developing a management program approved under subsection (b) for those portions of the navigable waters requested by such State. (g) Interstate management conference (1) Convening of conference; notification; pur- pose If any portion of the navigable waters in any State which is implementing a management program approved under this section is not meeting applicable water quality standards or the goals and requirements of this chapter as a result, in whole or in part, of pollution from nonpoint sources in another State, such State may petition the Administrator to convene, and the Administrator shall convene, a man- agement conference of all States which con- tribute significant pollution resulting from nonpoint sources to such portion. If, on the basis of information available, the Adminis- trator determines that a State is not meeting applicable water quality standards or the goals and requirements of this chapter as a re- sult, in whole or in part, of significant pollu- tion from nonpoint sources in another State, the Administrator shall notify such States. The Administrator may convene a manage- ment conference under this paragraph not later than 180 days after giving such notifica- tion, whether or not the State which is not meeting such standards requests such con- ference. The purpose of such conference shall be to develop an agreement among such States to reduce the level of pollution in such portion resulting from nonpoint sources and to im- prove the water quality of such portion. Noth- ing in such agreement shall supersede or abro- gate rights to quantities of water which have been established by interstate water com- pacts, Supreme Court decrees, or State water laws. This subsection shall not apply to any pollution which is subject to the Colorado River Basin Salinity Control Act [43 U.S.C. 1571 et seq.]. The requirement that the Admin- istrator convene a management conference shall not be subject to the provisions of sec- tion 1365 of this title. (2) State management program requirement To the extent that the States reach agree- ment through such conference, the manage- ment programs of the States which are parties to such agreements and which contribute sig- nificant pollution to the navigable waters or portions thereof not meeting applicable water quality standards or goals and requirements of this chapter will be revised to reflect such agreement. Such management programs shall be consistent with Federal and State law. (h) Grant program (1) Grants for implementation of management programs Upon application of a State for which a re- port submitted under subsection (a) and a management program submitted under sub- section (b) is approved under this section, the Administrator shall make grants, subject to such terms and conditions as the Adminis- trator considers appropriate, under this sub- section to such State for the purpose of assist- ing the State in implementing such manage- ment program. Funds reserved pursuant to section 1285(j)(5) of this title may be used to develop and implement such management pro- gram. (2) Applications An application for a grant under this sub- section in any fiscal year shall be in such form and shall contain such other information as the Administrator may require, including an identification and description of the best man- agement practices and measures which the State proposes to assist, encourage, or require in such year with the Federal assistance to be provided under the grant. (3) Federal share The Federal share of the cost of each man- agement program implemented with Federal assistance under this subsection in any fiscal year shall not exceed 60 percent of the cost in- curred by the State in implementing such management program and shall be made on condition that the non-Federal share is pro- vided from non-Federal sources. (4) Limitation on grant amounts Notwithstanding any other provision of this subsection, not more than 15 percent of the amount appropriated to carry out this sub- section may be used to make grants to any one State, including any grants to any local public agency or organization with authority to control pollution from nonpoint sources in any area of such State. (5) Priority for effective mechanisms For each fiscal year beginning after Sep- tember 30, 1987, the Administrator may give priority in making grants under this sub- section, and shall give consideration in deter- mining the Federal share of any such grant, to States which have implemented or are pro- posing to implement management programs which will— (A) control particularly difficult or serious nonpoint source pollution problems, includ- ing, but not limited to, problems resulting from mining activities; (B) implement innovative methods or prac- tices for controlling nonpoint sources of pol- lution, including regulatory programs where the Administrator deems appropriate; (C) control interstate nonpoint source pol- lution problems; or (D) carry out ground water quality protec- tion activities which the Administrator de- Page 555 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1329 termines are part of a comprehensive nonpoint source pollution control program, including research, planning, ground water assessments, demonstration programs, en- forcement, technical assistance, education, and training to protect ground water quality from nonpoint sources of pollution. (6) Availability for obligation The funds granted to each State pursuant to this subsection in a fiscal year shall remain available for obligation by such State for the fiscal year for which appropriated. The amount of any such funds not obligated by the end of such fiscal year shall be available to the Administrator for granting to other States under this subsection in the next fiscal year. (7) Limitation on use of funds States may use funds from grants made pur- suant to this section for financial assistance to persons only to the extent that such assist- ance is related to the costs of demonstration projects. (8) Satisfactory progress No grant may be made under this subsection in any fiscal year to a State which in the pre- ceding fiscal year received a grant under this subsection unless the Administrator deter- mines that such State made satisfactory progress in such preceding fiscal year in meet- ing the schedule specified by such State under subsection (b)(2). (9) Maintenance of effort No grant may be made to a State under this subsection in any fiscal year unless such State enters into such agreements with the Adminis- trator as the Administrator may require to en- sure that such State will maintain its aggre- gate expenditures from all other sources for programs for controlling pollution added to the navigable waters in such State from nonpoint sources and improving the quality of such waters at or above the average level of such expenditures in its two fiscal years pre- ceding February 4, 1987. (10) Request for information The Administrator may request such infor- mation, data, and reports as he considers nec- essary to make the determination of con- tinuing eligibility for grants under this sec- tion. (11) Reporting and other requirements Each State shall report to the Administrator on an annual basis concerning (A) its progress in meeting the schedule of milestones sub- mitted pursuant to subsection (b)(2)(C) of this section, and (B) to the extent that appropriate information is available, reductions in nonpoint source pollutant loading and im- provements in water quality for those navi- gable waters or watersheds within the State which were identified pursuant to subsection (a)(1)(A) of this section resulting from imple- mentation of the management program. (12) Limitation on administrative costs For purposes of this subsection, administra- tive costs in the form of salaries, overhead, or indirect costs for services provided and charged against activities and programs car- ried out with a grant under this subsection shall not exceed in any fiscal year 10 percent of the amount of the grant in such year, ex- cept that costs of implementing enforcement and regulatory activities, education, training, technical assistance, demonstration projects, and technology transfer programs shall not be subject to this limitation. (i) Grants for protecting groundwater quality (1) Eligible applicants and activities Upon application of a State for which a re- port submitted under subsection (a) and a plan submitted under subsection (b) is approved under this section, the Administrator shall make grants under this subsection to such State for the purpose of assisting such State in carrying out groundwater quality protec- tion activities which the Administrator deter- mines will advance the State toward imple- mentation of a comprehensive nonpoint source pollution control program. Such activities shall include, but not be limited to, research, planning, groundwater assessments, dem- onstration programs, enforcement, technical assistance, education and training to protect the quality of groundwater and to prevent con- tamination of groundwater from nonpoint sources of pollution. (2) Applications An application for a grant under this sub- section shall be in such form and shall contain such information as the Administrator may require. (3) Federal share; maximum amount The Federal share of the cost of assisting a State in carrying out groundwater protection activities in any fiscal year under this sub- section shall be 50 percent of the costs in- curred by the State in carrying out such ac- tivities, except that the maximum amount of Federal assistance which any State may re- ceive under this subsection in any fiscal year shall not exceed $150,000. (4) Report The Administrator shall include in each re- port transmitted under subsection (m) a re- port on the activities and programs imple- mented under this subsection during the pre- ceding fiscal year. (j) Authorization of appropriations There is authorized to be appropriated to carry out subsections (h) and (i) $200,000,000 for each of fiscal years 2023 through 2027; except that for each of such fiscal years not to exceed $7,500,000 may be made available to carry out subsection (i). Sums appropriated pursuant to this subsection shall remain available until ex- pended. (k) Consistency of other programs and projects with management programs The Administrator shall transmit to the Office of Management and Budget and the appropriate Federal departments and agencies a list of those assistance programs and development projects identified by each State under subsection Page 556 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1329 (b)(2)(F) for which individual assistance applica- tions and projects will be reviewed pursuant to the procedures set forth in Executive Order 12372 as in effect on September 17, 1983. Beginning not later than sixty days after receiving notification by the Administrator, each Federal department and agency shall modify existing regulations to allow States to review individual development projects and assistance applications under the identified Federal assistance programs and shall accommodate, according to the requirements and definitions of Executive Order 12372, as in ef- fect on September 17, 1983, the concerns of the State regarding the consistency of such applica- tions or projects with the State nonpoint source pollution management program. (l) Collection of information The Administrator shall collect and make available, through publications and other appro- priate means, information pertaining to man- agement practices and implementation meth- ods, including, but not limited to, (1) informa- tion concerning the costs and relative effi- ciencies of best management practices for reduc- ing nonpoint source pollution; and (2) available data concerning the relationship between water quality and implementation of various manage- ment practices to control nonpoint sources of pollution. (m) Reports of Administrator (1) Annual reports Not later than January 1, 1988, and each Jan- uary 1 thereafter, the Administrator shall transmit to the Committee on Public Works and Transportation of the House of Represent- atives and the Committee on Environment and Public Works of the Senate, a report for the preceding fiscal year on the activities and pro- grams implemented under this section and the progress made in reducing pollution in the navigable waters resulting from nonpoint sources and improving the quality of such wa- ters. (2) Final report Not later than January 1, 1990, the Adminis- trator shall transmit to Congress a final re- port on the activities carried out under this section. Such report, at a minimum, shall— (A) describe the management programs being implemented by the States by types and amount of affected navigable waters, categories and subcategories of nonpoint sources, and types of best management prac- tices being implemented; (B) describe the experiences of the States in adhering to schedules and implementing best management practices; (C) describe the amount and purpose of grants awarded pursuant to subsections (h) and (i) of this section; (D) identify, to the extent that informa- tion is available, the progress made in reduc- ing pollutant loads and improving water quality in the navigable waters; (E) indicate what further actions need to be taken to attain and maintain in those navigable waters (i) applicable water quality standards, and (ii) the goals and require- ments of this chapter; (F) include recommendations of the Ad- ministrator concerning future programs (in- cluding enforcement programs) for control- ling pollution from nonpoint sources; and (G) identify the activities and programs of departments, agencies, and instrumental- ities of the United States which are incon- sistent with the management programs sub- mitted by the States and recommend modi- fications so that such activities and pro- grams are consistent with and assist the States in implementation of such manage- ment programs. (n) Set aside for administrative personnel Not less than 5 percent of the funds appro- priated pursuant to subsection (j) for any fiscal year shall be available to the Administrator to maintain personnel levels at the Environmental Protection Agency at levels which are adequate to carry out this section in such year. (June 30, 1948, ch. 758, title III, § 319, as added Pub. L. 100–4, title III, § 316(a), Feb. 4, 1987, 101 Stat. 52; amended Pub. L. 105–362, title V, § 501(c), Nov. 10, 1998, 112 Stat. 3283; Pub. L. 107–303, title III, § 302(b)(1), Nov. 27, 2002, 116 Stat. 2361; Pub. L. 117–263, div. H, title LXXXV, § 8502, Dec. 23, 2022, 136 Stat. 3856.) Editorial Notes REFERENCES IN TEXT Executive Order 12372, referred to in subsecs. (b)(2)(F) and (k), is Ex. Ord. No. 12372, July 14, 1982, 47 F.R. 30959, as amended, which is set out under section 6506 of Title 31, Money and Finance. The Colorado River Basin Salinity Control Act, re- ferred to in subsec. (g)(1), is Pub. L. 93–320, June 24, 1974, 88 Stat. 266, which is classified principally to chap- ter 32A (§ 1571 et seq.) of Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title note set out under section 1571 of Title 43 and Tables. AMENDMENTS 2022—Subsec. (j). Pub. L. 117–263 substituted ‘‘sub- sections (h) and (i) $200,000,000 for each of fiscal years 2023 through 2027’’ for ‘‘subsections (h) and (i) not to ex- ceed $70,000,000 for fiscal year 1988, $100,000,000 per fiscal year for each of fiscal years 1989 and 1990, and $130,000,000 for fiscal year 1991’’. 2002—Subsecs. (i)(4), (m), (n). Pub. L. 107–303 repealed Pub. L. 105–362, § 501(c). See 1998 Amendment note below. 1998—Subsec. (i)(4). Pub. L. 105–362, § 501(c)(1), which directed the striking out of heading and text of par. (4), was repealed by Pub. L. 107–303. See Effective Date of 2002 Amendment note below. Subsecs. (m), (n). Pub. L. 105–362, § 501(c)(2), (3), which directed the redesignation of subsec. (n) as (m) and striking out of heading and text of former subsec. (m), was repealed by Pub. L. 107–303. See Effective Date of 2002 Amendment note below. Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on Public Works and Transportation of House of Representatives treated as referring to Com- mittee on Transportation and Infrastructure of House of Representatives by section 1(a) of Pub. L. 104–14, set out as a note preceding section 21 of Title 2, The Con- gress. EFFECTIVE DATE OF 2002 AMENDMENT Amendment by Pub. L. 107–303 effective Nov. 10, 1998, and Federal Water Pollution Act (33 U.S.C. 1251 et seq.) Page 557 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1330 to be applied and administered on and after Nov. 27, 2002, as if amendments made by section 501(a)–(d) of Pub. L. 105–362 had not been enacted, see section 302(b) of Pub. L. 107–303, set out as a note under section 1254 of this title. § 1330. 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 manage- ment conference to develop a comprehensive management plan for the estuary. The nomi- nation shall document the need for the con- ference, the likelihood of success, and infor- mation relating to the factors in paragraph (2). (2) Convening of conference (A) In general In any case where the Administrator de- termines, on his own initiative or upon nom- ination 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, in- digenous 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 man- agement conference. (B) Priority consideration The Administrator shall give priority con- sideration under this section to Long Island Sound, New York and Connecticut; Narra- gansett Bay, Rhode Island; Buzzards Bay, Massachusetts; Massachusetts Bay, Massa- chusetts (including Cape Cod Bay and Bos- ton Harbor); Puget Sound, Washington; New York-New Jersey Harbor, New York and New Jersey; Delaware Bay, Delaware and New Jersey; Delaware Inland Bays, Delaware; Al- bemarle Sound, North Carolina; Sarasota Bay, Florida; San Francisco Bay, California; Santa Monica Bay, California; Galveston Bay, Texas; Barataria-Terrebonne Bay estu- ary complex, Louisiana; Indian River La- goon, Florida; Lake Pontchartrain Basin, Louisiana and Mississippi; Peconic Bay, New York; Casco Bay, Maine; Tampa Bay, Flor- ida; Coastal Bend, Texas; San Juan Bay, Puerto Rico; Tillamook Bay, Oregon; Piscataqua Region, New Hampshire; Bar- negat Bay, New Jersey; Maryland Coastal Bays, Maryland; Charlotte Harbor, Florida; Mobile Bay, Alabama; Morro Bay, Cali- fornia; Lower Columbia River, Oregon and Washington; and Pensacola and Perdido Bays, Florida. (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 adjudica- tion 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 re- sources, 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 en- vironmental problems; (3) develop the relationship between the inplace loads and point and nonpoint loadings of pollutants to the estuarine zone and the po- tential uses of the zone, water quality, and natural resources; (4) develop a comprehensive conservation and management plan that— (A) recommends priority corrective ac- tions and compliance schedules addressing point and nonpoint sources of pollution to restore and maintain the chemical, physical, and biological integrity of the estuary, in- cluding restoration and maintenance of water quality, a balanced indigenous popu- lation of shellfish, fish and wildlife, and rec- reational activities in the estuary, and as- sure that the designated uses of the estuary are protected; (B) addresses the effects of recurring ex- treme weather events on the estuary, includ- ing the identification and assessment of vulnerabilities in the estuary and the devel- opment and implementation of adaptation strategies; and (C) increases public education and aware- ness of the ecological health and water qual- ity conditions of the estuary; (5) develop plans for the coordinated imple- mentation 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 Execu- tive 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 assist- ance 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 representa- tives 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;