33 U.S.C. § 1267 — Chesapeake Bay

Page 372 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1267 Statutory Notes and Related Subsidiaries 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.) 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. § 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 exe- cuted to achieve the goal of restoring and pro- tecting the Chesapeake Bay ecosystem and the living resources of the Chesapeake Bay eco- system and signed by the Chesapeake Execu- tive 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 Exec- utive Council in accordance with the Chesa- peake 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 Execu- tive Council (and as a member of the Council), the Administrator shall continue the Chesa- peake Bay Program. (2) Program Office (A) In general The Administrator shall maintain in the Environmental Protection Agency a Chesa- peake 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 serv- ices, monitoring, data collection, and other activities that support the Chesa- peake 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 Fed- eral, State, and local authorities, assisting the signatories to the Chesapeake Bay Agreement in developing and imple- menting specific action plans to carry out the responsibilities of the signatories to the Chesapeake Bay Agreement; (iv) coordinating the actions of the Envi- ronmental Protection Agency with the ac- tions of the appropriate officials of other Federal agencies and State and local au- thorities in developing strategies to— (I) improve the water quality and liv- ing resources in the Chesapeake Bay eco- system; and (II) obtain the support of the appro- priate officials of the agencies and au- thorities in achieving the objectives of the Chesapeake Bay Agreement; and (v) implementing outreach programs for public information, education, and partici- pation to foster stewardship of the re- sources of the Chesapeake Bay. (c) Interagency agreements The Administrator may enter into an inter- agency agreement with a Federal agency to carry out this section. (d) Technical assistance and assistance grants (1) In general In cooperation with the Chesapeake Execu- tive Council, the Administrator may provide technical assistance, and assistance grants, to nonprofit organizations, State and local gov- ernments, colleges, universities, and inter- state agencies to carry out this section, sub- ject to such terms and conditions as the Ad- ministrator considers appropriate. (2) Federal share (A) In general Except as provided in subparagraph (B), the Federal share of an assistance grant pro- vided under paragraph (1) shall be deter- mined 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) shall not exceed 75 percent of eligible project costs, as determined by the Adminis- trator. (3) Non-Federal share An assistance grant under paragraph (1) shall be provided on the condition that non- Federal sources provide the remainder of eligi- ble project costs, as determined by the Admin- istrator. (4) Administrative costs Administrative costs shall not exceed 10 per- cent 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 Page 373 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1267 all aspects of the Chesapeake Bay Agreement, on the request of the chief executive of the ju- risdiction, the Administrator— (A) shall make a grant to the jurisdiction for the purpose of implementing the man- agement 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 juris- diction for the purpose of monitoring the Chesapeake Bay ecosystem. (2) Proposals (A) In general A signatory jurisdiction described in para- graph (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 es- tablished under the Chesapeake Bay Agree- ment. (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 stand- ards or established goals and objectives under the Chesapeake Bay Agreement; and (ii) the estimated cost of the actions pro- posed to be taken during the fiscal year. (3) Approval If the Administrator finds that the proposal is consistent with the Chesapeake Bay Agree- ment 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 sub- section 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 pro- vide the remainder of the costs of imple- menting the management mechanisms during the fiscal year. (6) Administrative costs Administrative costs shall not exceed 10 per- cent 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 fa- cility (as defined by the Administrator) within the Chesapeake Bay watershed shall partici- pate 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 Chesa- peake Ecosystem Unified Plan, and any subse- quent 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 de- scribes plans for the expenditure of the funds under this section. (B) Disclosure to the Council The head of each agency referred to in sub- paragraph (A) shall disclose the report under that subparagraph with the Chesapeake Ex- ecutive 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 nec- essary 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 chem- ical contaminants from all controllable sources to levels that result in no toxic or bioaccumulative impact on the living re- sources of the Chesapeake Bay ecosystem or on human health; (D) habitat restoration, protection, cre- ation, 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 Chesa- peake Bay ecosystem. (2) Small watershed grants program The Administrator, in cooperation with the Chesapeake Executive Council, shall— Page 374 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1267 (A) establish a small watershed grants pro- gram as part of the Chesapeake Bay Pro- gram; and (B) offer technical assistance and assist- ance grants under subsection (d) to local governments and nonprofit organizations and individuals in the Chesapeake Bay re- gion to implement— (i) cooperative tributary basin strategies that address the water quality and living resource needs in the Chesapeake Bay eco- system; and (ii) locally based protection and restora- tion programs or projects within a water- shed that complement the tributary basin strategies, including the creation, restora- tion, protection, or enhancement of habi- tat 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 coordi- nation with the Chesapeake Executive Coun- cil, shall complete a study and submit to Con- gress 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 im- proved 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 in- vestments 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 condi- tion; (C) evaluate and assess interactions of spe- cies, with particular attention to the impact of changes within and among trophic levels; and (D) recommend management actions to op- timize the return of a healthy and balanced ecosystem in response to improvements in the quality and character of the waters of the Chesapeake Bay. (3) Annual survey The Administrator shall carry out an annual survey of sea grasses in the Chesapeake Bay. (j) Authorization of appropriations There are authorized to be appropriated to carry out this section— (1) for fiscal year 2021, $90,000,000; (2) for fiscal year 2022, $90,500,000; (3) for fiscal year 2023, $91,000,000; (4) for fiscal year 2024, $91,500,000; (5) for fiscal year 2025, $92,000,000; and (6) for each of fiscal years 2026 through 2030, $92,000,000. (June 30, 1948, ch. 758, title I, § 117, as added Pub. L. 100–4, title I, § 103, Feb. 4, 1987, 101 Stat. 10; amended Pub. L. 106–457, title II, § 203, Nov. 7, 2000, 114 Stat. 1967; Pub. L. 114–322, title IV, § 5007, Dec. 16, 2016, 130 Stat. 1896; Pub. L. 116–188, title I, § 109, Oct. 30, 2020, 134 Stat. 920; Pub. L. 118–198, title I, § 108, Dec. 23, 2024, 138 Stat. 2681.) Editorial Notes 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 2024—Subsec. (j)(6). Pub. L. 118–198 added par. (6). 2020—Subsec. (j). Pub. L. 116–188 added subsec. (j) and struck out former subsec. (j). Prior to amendment, text read as follows: ‘‘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 avail- able until expended.’’ 2016—Subsec. (i)(3). Pub. L. 114–322 added par. (3). 2000—Pub. L. 106–457 amended section generally, sub- stituting 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, divi- sion, or branch of Chesapeake Bay Programs, interstate development plan grants, progress reports from grant recipient States, and authorization of appropriations. Statutory Notes and Related Subsidiaries CHESAPEAKE WATERSHED INVESTMENTS FOR LANDSCAPE DEFENSE Pub. L. 116–188, title I, § 111, Oct. 30, 2020, 134 Stat. 921, as amended by Pub. L. 118–198, title I, § 110, Dec. 23, 2024, 138 Stat. 2681, provided that: ‘‘(a) DEFINITIONS.—In this section: ‘‘(1) CHESAPEAKE BAY AGREEMENTS.—The term ‘Chesapeake Bay agreements’ means the formal, vol- untary agreements— ‘‘(A) executed to achieve the goal of restoring and protecting the Chesapeake Bay watershed eco- system and the living resources of the Chesapeake Bay watershed ecosystem; and Page 375 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1267 ‘‘(B) signed by the Chesapeake Executive Council. ‘‘(2) CHESAPEAKE BAY PROGRAM.—The term ‘Chesa- peake Bay program’ means the program directed by the Chesapeake Executive Council in accordance with the Chesapeake Bay agreements. ‘‘(3) CHESAPEAKE BAY WATERSHED.—The term ‘Chesapeake Bay watershed’ means the region that covers— ‘‘(A) the Chesapeake Bay; ‘‘(B) the portions of the States of Delaware, Maryland, New York, Pennsylvania, Virginia, and West Virginia that drain into the Chesapeake Bay; and ‘‘(C) the District of Columbia. ‘‘(4) CHESAPEAKE EXECUTIVE COUNCIL.—The term ‘Chesapeake Executive Council’ means the council comprised of— ‘‘(A) the Governors of each of the States of Dela- ware, Maryland, New York, Pennsylvania, Virginia, and West Virginia; ‘‘(B) the Mayor of the District of Columbia; ‘‘(C) the Chair of the Chesapeake Bay Commis- sion; and ‘‘(D) the Administrator of the Environmental Protection Agency. ‘‘(5) CHESAPEAKE WILD PROGRAM.—The term ‘Chesa- peake WILD program’ means the nonregulatory pro- gram established by the Secretary under subsection (b)(1). ‘‘(6) GRANT PROGRAM.—The term ‘grant program’ means the Chesapeake Watershed Investments for Landscape Defense grant program established by the Secretary under subsection (c)(1). ‘‘(7) RESTORATION AND PROTECTION ACTIVITY.—The term ‘restoration and protection activity’ means an activity carried out for the conservation, steward- ship, and enhancement of habitat for fish and wild- life— ‘‘(A) to preserve and improve ecosystems and eco- logical processes on which the fish and wildlife de- pend; and ‘‘(B) for use and enjoyment by the public. ‘‘(8) SECRETARY.—The term ‘Secretary’ means the Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service. ‘‘(b) PROGRAM ESTABLISHMENT.— ‘‘(1) ESTABLISHMENT.—Not later than 180 days after the date of enactment of this Act [Oct. 30, 2020], the Secretary shall establish a nonregulatory program, to be known as the ‘Chesapeake Watershed Invest- ments for Landscape Defense program’. ‘‘(2) PURPOSES.—The purposes of the Chesapeake WILD program are— ‘‘(A) coordinating restoration and protection ac- tivities among Federal, State, local, and regional entities and conservation partners throughout the Chesapeake Bay watershed; ‘‘(B) engaging other agencies and organizations to build a broader range of partner support, capacity, and potential funding for projects in the Chesa- peake Bay watershed; ‘‘(C) carrying out coordinated restoration and protection activities, and providing for technical assistance, throughout the Chesapeake Bay water- shed— ‘‘(i) to sustain and enhance restoration and pro- tection activities; ‘‘(ii) to improve and maintain water quality to support fish and wildlife, habitats of fish and wildlife, and drinking water for people; ‘‘(iii) to sustain and enhance water manage- ment for volume and flood damage mitigation im- provements to benefit fish and wildlife habitat; ‘‘(iv) to improve opportunities for public access and recreation in the Chesapeake Bay watershed consistent with the ecological needs of fish and wildlife habitat; ‘‘(v) to facilitate strategic planning to maxi- mize the resilience of natural ecosystems and habitats under changing watershed conditions; ‘‘(vi) to engage the public through outreach, education, and citizen involvement to increase capacity and support for coordinated restoration and protection activities in the Chesapeake Bay watershed; ‘‘(vii) to sustain and enhance vulnerable com- munities and fish and wildlife habitat; ‘‘(viii) to conserve and restore fish, wildlife, and plant corridors; and ‘‘(ix) to increase scientific capacity to support the planning, monitoring, and research activities necessary to carry out coordinated restoration and protection activities. ‘‘(3) DUTIES.—In carrying out the Chesapeake WILD program, the Secretary shall— ‘‘(A) draw on existing plans for the Chesapeake Bay watershed, or portions of the Chesapeake Bay watershed, including the Chesapeake Bay agree- ments, and work in consultation with applicable management entities, including Chesapeake Bay program partners, such as the Federal Government, State and local governments, the Chesapeake Bay Commission, and other regional organizations, as appropriate, to identify, prioritize, and implement restoration and protection activities within the Chesapeake Bay watershed; ‘‘(B) adopt a Chesapeake Bay watershed-wide strategy that— ‘‘(i) supports the implementation of a shared set of science-based restoration and protection ac- tivities developed in accordance with subpara- graph (A); and ‘‘(ii) targets cost-effective projects with meas- urable results; and ‘‘(C) establish the grant program in accordance with subsection (c). ‘‘(4) COORDINATION.—In establishing the Chesapeake WILD program, the Secretary shall consult, as appro- priate, with— ‘‘(A) the heads of Federal agencies, including— ‘‘(i) the Administrator of the Environmental Protection Agency; ‘‘(ii) the Administrator of the National Oceanic and Atmospheric Administration; ‘‘(iii) the Chief of the Natural Resources Con- servation Service; ‘‘(iv) the Chief of Engineers; ‘‘(v) the Director of the United States Geologi- cal Survey; ‘‘(vi) the Secretary of Transportation; ‘‘(vii) the Chief of the Forest Service; and ‘‘(viii) the head of any other applicable agency; ‘‘(B) the Governors of each of the States of Dela- ware, Maryland, New York, Pennsylvania, Virginia, and West Virginia and the Mayor of the District of Columbia; ‘‘(C) fish and wildlife joint venture partnerships; and ‘‘(D) other public agencies and organizations with authority for the planning and implementation of conservation strategies in the Chesapeake Bay wa- tershed. ‘‘(c) GRANTS AND TECHNICAL ASSISTANCE.— ‘‘(1) CHESAPEAKE WILD GRANT PROGRAM.—To the ex- tent that funds are made available to carry out this subsection, the Secretary shall establish and carry out, as part of the Chesapeake WILD program, a vol- untary grant and technical assistance program, to be known as the ‘Chesapeake Watershed Investments for Landscape Defense grant program’, to provide com- petitive matching grants of varying amounts and technical assistance to eligible entities described in paragraph (2) to carry out activities described in sub- section (b)(2). ‘‘(2) ELIGIBLE ENTITIES.—The following entities are eligible to receive a grant and technical assistance under the grant program: ‘‘(A) A State. ‘‘(B) The District of Columbia. ‘‘(C) A unit of local government. Page 376 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1267 ‘‘(D) A nonprofit organization. ‘‘(E) An institution of higher education as such term is defined in section 101(a) of the Higher Edu- cation Act of 1965 (20 U.S.C. 1001(a)). ‘‘(F) Any other entity that the Secretary deter- mines to be appropriate in accordance with the cri- teria established under paragraph (3). ‘‘(3) CRITERIA.—The Secretary, in consultation with officials and entities described in subsection (b)(4), shall establish criteria for the grant program to help ensure that activities funded under this subsection— ‘‘(A) accomplish 1 or more of the purposes de- scribed in subsection (b)(2); and ‘‘(B) advance the implementation of priority ac- tions or needs identified in the Chesapeake Bay wa- tershed-wide strategy adopted under subsection (b)(3)(B). ‘‘(4) COST SHARING.— ‘‘(A) DEPARTMENT OF THE INTERIOR SHARE.—The Department of the Interior share of the cost of a project funded under the grant program shall not exceed 50 percent of the total cost of the project, as determined by the Secretary. ‘‘(B) NON-DEPARTMENT OF THE INTERIOR SHARE.— ‘‘(i) IN GENERAL.—The non-Department of the Interior share of the cost of a project funded under the grant program may be provided in cash or in the form of an in-kind contribution of serv- ices or materials. ‘‘(ii) OTHER FEDERAL FUNDING.—Non-Depart- ment of the Interior Federal funds may be used for not more than 25 percent of the total cost of a project funded under the grant program. ‘‘(5) ADMINISTRATION.—The Secretary may enter into an agreement to manage the grant program with an organization that offers grant management serv- ices. ‘‘(d) REPORTING.—Not later than 180 days after the date of enactment of this Act [Oct. 30, 2020], and annu- ally thereafter, the Secretary shall submit to Congress a report describing the implementation of this section, including a description of each project that has re- ceived funding under this section. ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(1) IN GENERAL.—There is authorized to be appro- priated to carry out this section $15,000,000 for each of fiscal years 2021 through 2030. ‘‘(2) SUPPLEMENT, NOT SUPPLANT.—Funds made available under paragraph (1) shall supplement, and not supplant, funding for other activities conducted by the Secretary in the Chesapeake Bay watershed.’’ CHESAPEAKE BAY ACCOUNTABILITY AND RECOVERY Pub. L. 113–273, Dec. 18, 2014, 128 Stat. 2967, provided that: ‘‘SECTION 1. SHORT TITLE. ‘‘This Act may be cited as the ‘Chesapeake Bay Ac- countability and Recovery Act of 2014’. ‘‘SEC. 2. DEFINITIONS. ‘‘In this Act: ‘‘(1) ADMINISTRATOR.—The term ‘Administrator’ means the Administrator of the Environmental Pro- tection Agency. ‘‘(2) CHESAPEAKE BAY STATE.—The term ‘Chesapeake Bay State’ or ‘State’ means any of— ‘‘(A) the States of Maryland, West Virginia, Dela- ware, and New York; ‘‘(B) the Commonwealths of Virginia and Penn- sylvania; and ‘‘(C) the District of Columbia. ‘‘(3) CHESAPEAKE BAY WATERSHED.—The term ‘Chesapeake Bay watershed’ means all tributaries, backwaters, and side channels, including watersheds, draining into the Chesapeake Bay. ‘‘(4) CHESAPEAKE EXECUTIVE COUNCIL.—The term ‘Chesapeake Executive Council’ has the meaning given the term by section 117(a) of the Federal Water Pollution Control Act (33 U.S.C. 1267(a)). ‘‘(5) CHIEF EXECUTIVE.—The term ‘chief executive’ means, in the case of a State or Commonwealth, the Governor of the State or Commonwealth and, in the case of the District of Columbia, the Mayor of the District of Columbia. ‘‘(6) DIRECTOR.—The term ‘Director’ means the Di- rector of the Office of Management and Budget. ‘‘(7) FEDERAL RESTORATION ACTIVITY.— ‘‘(A) IN GENERAL.—The term ‘Federal restoration activity’ means a Federal program or project car- ried out under Federal authority in existence as of the date of enactment of this Act [Dec. 18, 2014] with the express intent to directly protect, con- serve, or restore living resources, habitat, water re- sources, or water quality in the Chesapeake Bay watershed, including programs or projects that pro- vide financial and technical assistance to promote responsible land use, stewardship, and community engagement in the Chesapeake Bay watershed. ‘‘(B) CATEGORIZATION.—Federal restoration activi- ties may be categorized as follows: ‘‘(i) Physical restoration. ‘‘(ii) Planning. ‘‘(iii) Feasibility studies. ‘‘(iv) Scientific research. ‘‘(v) Monitoring. ‘‘(vi) Education. ‘‘(vii) Infrastructure development. ‘‘(8) STATE RESTORATION ACTIVITY.— ‘‘(A) IN GENERAL.—The term ‘State restoration activity’ means any State program or project car- ried out under State authority that directly or in- directly protect[s], conserve[s], or restore[s] living resources, habitat, water resources, or water qual- ity in the Chesapeake Bay watershed, including programs or projects that promote responsible land use, stewardship, and community engagement in the Chesapeake Bay watershed. ‘‘(B) CATEGORIZATION.—State restoration activi- ties may be categorized as follows: ‘‘(i) Physical restoration. ‘‘(ii) Planning. ‘‘(iii) Feasibility studies. ‘‘(iv) Scientific research. ‘‘(v) Monitoring. ‘‘(vi) Education. ‘‘(vii) Infrastructure development. ‘‘SEC. 3. CHESAPEAKE BAY CROSSCUT BUDGET. ‘‘(a) IN GENERAL.—The Director, in consultation with the Chesapeake Executive Council, the chief executive of each Chesapeake Bay State, and the Chesapeake Bay Commission, shall submit to Congress a financial re- port containing— ‘‘(1) an interagency crosscut budget that displays, as applicable— ‘‘(A) the proposed funding for any Federal res- toration activity to be carried out in the suc- ceeding fiscal year, including any planned inter- agency or intra-agency transfer, for each of the Federal agencies that carry out restoration activi- ties; ‘‘(B) to the extent that information is available, the estimated funding for any State restoration ac- tivity to be carried out in the succeeding fiscal year; ‘‘(C) all expenditures for Federal restoration ac- tivities from the preceding 2 fiscal years, the cur- rent fiscal year, and the succeeding fiscal year; ‘‘(D) all expenditures, to the extent that informa- tion is available, for State restoration activities during the equivalent time period described in sub- paragraph (C); and ‘‘(E) a section that identifies and evaluates, based on need and appropriateness, specific opportunities to consolidate similar programs and activities within the budget and recommendations to Con- gress for legislative action to streamline, consoli- date, or eliminate similar programs and activities within the budget; Page 377 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1267 ‘‘(2) a detailed accounting of all funds received and obligated by each Federal agency for restoration ac- tivities during the current and preceding fiscal years, including the identification of funds that were trans- ferred to a Chesapeake Bay State for restoration ac- tivities; ‘‘(3) to the extent that information is available, a detailed accounting from each State of all funds re- ceived and obligated from a Federal agency for res- toration activities during the current and preceding fiscal years; and ‘‘(4) a description of each of the proposed Federal and State restoration activities to be carried out in the succeeding fiscal year (corresponding to those ac- tivities listed in subparagraphs (A) and (B) of para- graph (1)), including— ‘‘(A) the project description; ‘‘(B) the current status of the project; ‘‘(C) the Federal or State statutory or regulatory authority, program, or responsible agency; ‘‘(D) the authorization level for appropriations; ‘‘(E) the project timeline, including benchmarks; ‘‘(F) references to project documents; ‘‘(G) descriptions of risks and uncertainties of project implementation; ‘‘(H) a list of coordinating entities; ‘‘(I) a description of the funding history for the project; ‘‘(J) cost sharing; and ‘‘(K) alignment with the existing Chesapeake Bay Agreement, Chesapeake Executive Council goals and priorities, and Annual Action Plan required by section 205 of Executive Order 13508 (33 U.S.C. 1267 note; relating to Chesapeake Bay protection and restoration). ‘‘(b) MINIMUM FUNDING LEVELS.—In describing res- toration activities in the report required under sub- section (a), the Director shall only include— ‘‘(1) for the first 3 years that the report is required, descriptions of— ‘‘(A) Federal restoration activities that have funding amounts greater than or equal to $300,000; and ‘‘(B) State restoration activities that have fund- ing amounts greater than or equal to $300,000; and ‘‘(2) for every year thereafter, descriptions of— ‘‘(A) Federal restoration activities that have funding amounts greater than or equal to $100,000; and ‘‘(B) State restoration activities that have fund- ing amounts greater than or equal to $100,000. ‘‘(c) DEADLINE.—The Director shall submit to Con- gress the report required by subsection (a) not later than September 30 of each year. ‘‘(d) REPORT.—Copies of the report required by sub- section (a) shall be submitted to the Committees on Appropriations, Natural Resources, Energy and Com- merce, and Transportation and Infrastructure of the House of Representatives and the Committees on Ap- propriations, Environment and Public Works, and Com- merce, Science, and Transportation of the Senate. ‘‘(e) EFFECTIVE DATE.—This section shall apply begin- ning with the first fiscal year after the date of enact- ment of this Act [Dec. 18, 2014]. ‘‘SEC. 4. INDEPENDENT EVALUATOR FOR THE CHESAPEAKE BAY PROGRAM. ‘‘(a) IN GENERAL.—There shall be an Independent Evaluator for restoration activities in the Chesapeake Bay watershed, who shall review and report on— ‘‘(1) restoration activities; and ‘‘(2) any related topics that are suggested by the Chesapeake Executive Council. ‘‘(b) APPOINTMENT.— ‘‘(1) IN GENERAL.—Not later than 30 days after the date of submission of nominees by the Chesapeake Executive Council, the Independent Evaluator shall be appointed by the Administrator from among nomi- nees submitted by the Chesapeake Executive Council with the consultation of the scientific community. ‘‘(2) NOMINATIONS.—The Chesapeake Executive Council may nominate for consideration as Inde- pendent Evaluator a science-based institution of higher education. ‘‘(3) REQUIREMENTS.—The Administrator shall only select as Independent Evaluator a nominee that the Administrator determines demonstrates excellence in marine science, policy evaluation, or other studies relating to complex environmental restoration ac- tivities. ‘‘(c) REPORTS.—Not later than 180 days after the date of appointment and once every 2 years thereafter, the Independent Evaluator shall submit to Congress a re- port describing the findings and recommendations of reviews conducted under subsection (a). ‘‘SEC. 5. PROHIBITION ON NEW FUNDING. ‘‘No additional funds are authorized to be appro- priated to carry out this Act.’’ FINDINGS AND PURPOSES Pub. L. 106–457, title II, § 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 Gov- ernor 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 im- proved water quality and improvements in the pro- ductivity of living resources of the Bay; ‘‘(4) the cooperative program described in para- graph (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 subse- quent 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 Chesa- peake Bay Agreement.’’ NUTRIENT LOADING RESULTING FROM DREDGED MATERIAL DISPOSAL Pub. L. 106–53, title IV, § 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 Chesa- peake 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.’’ Executive Documents EX. ORD. NO. 13508. CHESAPEAKE BAY PROTECTION AND RESTORATION Ex. Ord. No. 13508, May 12, 2009, 74 F.R. 23099, pro- vided: Page 378 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1267 By the authority vested in me as President by the Constitution and the laws of the United States of America and in furtherance of the purposes of the Clean Water Act of 1972, as amended (33 U.S.C. 1251 et seq.), and other laws, and to protect and restore the health, heritage, natural resources, and social and eco- nomic value of the Nation’s largest estuarine eco- system and the natural sustainability of its watershed, it is hereby ordered as follows: PART 1—PREAMBLE The Chesapeake Bay is a national treasure consti- tuting the largest estuary in the United States and one of the largest and most biologically productive estu- aries in the world. The Federal Government has nation- ally significant assets in the Chesapeake Bay and its watershed in the form of public lands, facilities, mili- tary installations, parks, forests, wildlife refuges, monuments, and museums. Despite significant efforts by Federal, State, and local governments and other interested parties, water pollution in the Chesapeake Bay prevents the attain- ment of existing State water quality standards and the ‘‘fishable and swimmable’’ goals of the Clean Water Act. At the current level and scope of pollution control within the Chesapeake Bay’s watershed, restoration of the Chesapeake Bay is not expected for many years. The pollutants that are largely responsible for pollu- tion of the Chesapeake Bay are nutrients, in the form of nitrogen and phosphorus, and sediment. These pol- lutants come from many sources, including sewage treatment plants, city streets, development sites, agri- cultural operations, and deposition from the air onto the waters of the Chesapeake Bay and the lands of the watershed. Restoration of the health of the Chesapeake Bay will require a renewed commitment to controlling pollution from all sources as well as protecting and restoring habitat and living resources, conserving lands, and im- proving management of natural resources, all of which contribute to improved water quality and ecosystem health. The Federal Government should lead this ef- fort. Executive departments and agencies (agencies), working in collaboration, can use their expertise and resources to contribute significantly to improving the health of the Chesapeake Bay. Progress in restoring the Chesapeake Bay also will depend on the support of State and local governments, the enterprise of the pri- vate sector, and the stewardship provided to the Chesa- peake Bay by all the people who make this region their home. PART 2—SHARED FEDERAL LEADERSHIP, PLANNING, AND ACCOUNTABILITY SEC. 201. Federal Leadership Committee. In order to begin a new era of shared Federal leadership with re- spect to the protection and restoration of the Chesa- peake Bay, a Federal Leadership Committee (Com- mittee) for the Chesapeake Bay is established to over- see the development and coordination of programs and activities, including data management and reporting, of agencies participating in protection and restoration of the Chesapeake Bay. The Committee shall manage the development of strategies and program plans for the watershed and ecosystem of the Chesapeake Bay and oversee their implementation. The Committee shall be chaired by the Administrator of the Environ- mental Protection Agency (EPA), or the Administra- tor’s designee, and include senior representatives of the Departments of Agriculture (USDA), Commerce (DOC), Defense (DOD), Homeland Security (DHS), the Interior (DOI), Transportation (DOT), and such other agencies as determined by the Committee. Representatives serv- ing on the Committee shall be officers of the United States. SEC. 202. Reports on Key Challenges to Protecting and Restoring the Chesapeake Bay. Within 120 days from the date of this order, the agencies identified in this sec- tion as the lead agencies shall prepare and submit draft reports to the Committee making recommendations for accomplishing the following steps to protect and re- store the Chesapeake Bay: (a) define the next generation of tools and actions to restore water quality in the Chesapeake Bay and de- scribe the changes to be made to regulations, programs, and policies to implement these actions; (b) target resources to better protect the Chesapeake Bay and its tributary waters, including resources under the Food Security Act of 1985 as amended, the Clean Water Act, and other laws; (c) strengthen storm water management practices at Federal facilities and on Federal lands within the Chesapeake Bay watershed and develop storm water best practices guidance; (d) assess the impacts of a changing climate on the Chesapeake Bay and develop a strategy for adapting natural resource programs and public infrastructure to the impacts of a changing climate on water quality and living resources of the Chesapeake Bay watershed; (e) expand public access to waters and open spaces of the Chesapeake Bay and its tributaries from Federal lands and conserve landscapes and ecosystems of the Chesapeake Bay watershed; (f) strengthen scientific support for decisionmaking to restore the Chesapeake Bay and its watershed, in- cluding expanded environmental research and moni- toring and observing systems; and (g) develop focused and coordinated habitat and re- search activities that protect and restore living re- sources and water quality of the Chesapeake Bay and its watershed. The EPA shall be the lead agency for subsection (a) of this section and the development of the storm water best practices guide under subsection (c). The USDA shall be the lead agency for subsection (b). The DOD shall lead on storm water management practices at Federal facilities and on Federal lands under sub- section (c). The DOI and the DOC shall share the lead on subsections (d), (f), and (g), and the DOI shall be lead on subsection (e). The lead agencies shall provide final reports to the Committee within 180 days of the date of this order. SEC. 203. Strategy for Protecting and Restoring the Chesapeake Bay. The Committee shall prepare and pub- lish a strategy for coordinated implementation of ex- isting programs and projects to guide efforts to protect and restore the Chesapeake Bay. The strategy shall, to the extent permitted by law: (a) define environmental goals for the Chesapeake Bay and describe milestones for making progress to- ward attainment of these goals; (b) identify key measureable indicators of environ- mental condition and changes that are critical to effec- tive Federal leadership; (c) describe the specific programs and strategies to be implemented, including the programs and strategies described in draft reports developed under section 202 of this order; (d) identify the mechanisms that will assure that governmental and other activities, including data col- lection and distribution, are coordinated and effective, relying on existing mechanisms where appropriate; and (e) describe a process for the implementation of adaptive management principles, including a periodic evaluation of protection and restoration activities. The Committee shall review the draft reports sub- mitted by lead agencies under section 202 of this order and, in consultation with relevant State agencies, sug- gest appropriate revisions to the agency that provided the draft report. It shall then integrate these reports into a coordinated strategy for restoration and protec- tion of the Chesapeake Bay consistent with the require- ments of this order. Together with the final reports prepared by the lead agencies, the draft strategy shall be published for public review and comment within 180 days of the date of this order and a final strategy shall be published within 1 year. To the extent practicable and authorized under their existing authorities, agen- cies may begin implementing core elements of restora- Page 379 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1267 tion and protection programs and strategies, in con- sultation with the Committee, as soon as possible and prior to release of a final strategy. SEC. 204. Collaboration with State Partners. In pre- paring the reports under section 202 and the strategy under section 203, the lead agencies and the Committee shall consult extensively with the States of Virginia, Maryland, Pennsylvania, West Virginia, New York, and Delaware and the District of Columbia. The goal of this consultation is to ensure that Federal actions to pro- tect and restore the Chesapeake Bay are closely coordi- nated with actions by State and local agencies in the watershed and that the resources, authorities, and ex- pertise of Federal, State, and local agencies are used as efficiently as possible for the benefit of the Chesapeake Bay’s water quality and ecosystem and habitat health and viability. SEC. 205. Annual Action Plan and Progress Report. Be- ginning in 2010, the Committee shall publish an annual Chesapeake Bay Action Plan (Action Plan) describing how Federal funding proposed in the President’s Budget will be used to protect and restore the Chesapeake Bay during the upcoming fiscal year. This plan will be ac- companied by an Annual Progress Report reviewing in- dicators of environmental conditions in the Chesapeake Bay, assessing implementation of the Action Plan dur- ing the preceding fiscal year, and recommending steps to improve progress in restoring and protecting the Chesapeake Bay. The Committee shall consult with stakeholders (including relevant State agencies) and members of the public in developing the Action Plan and Annual Progress Report. SEC. 206. Strengthen Accountability. The Committee, in collaboration with State agencies, shall ensure that an independent evaluator periodically reports to the Com- mittee on progress toward meeting the goals of this order. The Committee shall ensure that all program evaluation reports, including data on practice or sys- tem implementation and maintenance funded through agency programs, as appropriate, are made available to the public by posting on a website maintained by the Chair of the Committee. PART 3—RESTORE CHESAPEAKE BAY WATER QUALITY SEC. 301. Water Pollution Control Strategies. In pre- paring the report required by subsection 202(a) of this order, the Administrator of the EPA (Administrator) shall, after consulting with appropriate State agencies, examine how to make full use of its authorities under the Clean Water Act to protect and restore the Chesa- peake Bay and its tributary waters and, as appropriate, shall consider revising any guidance and regulations. The Administrator shall identify pollution control strategies and actions authorized by the EPA’s existing authorities to restore the Chesapeake Bay that: (a) establish a clear path to meeting, as expeditiously as practicable, water quality and environmental res- toration goals for the Chesapeake Bay; (b) are based on sound science and reflect adaptive management principles; (c) are performance oriented and publicly account- able; (d) apply innovative and cost-effective pollution con- trol measures; (e) can be replicated in efforts to protect other bodies of water, where appropriate; and (f) build on the strengths and expertise of Federal, State, and local governments, the private sector, and citizen organizations. SEC. 302. Elements of EPA Reports. The strategies and actions identified by the Administrator of the EPA in preparing the report under subsection 202(a) shall in- clude, to the extent permitted by law: (a) using Clean Water Act tools, including strength- ening existing permit programs and extending coverage where appropriate; (b) establishing new, minimum standards of perform- ance where appropriate, including: (i) establishing a schedule for the implementation of key actions in cooperation with States, local gov- ernments, and others; (ii) constructing watershed-based frameworks that assign pollution reduction responsibilities to pollu- tion sources and maximize the reliability and cost-ef- fectiveness of pollution reduction programs; and (iii) implementing a compliance and enforcement strategy. PART 4—AGRICULTURAL PRACTICES TO PROTECT THE CHESAPEAKE BAY SEC. 401. In developing recommendations for focusing resources to protect the Chesapeake Bay in the report required by subsection 202(b) of this order, the Sec- retary of Agriculture shall, as appropriate, concentrate the USDA’s working lands and land retirement pro- grams within priority watersheds in counties in the Chesapeake Bay watershed. These programs should apply priority conservation practices that most effi- ciently reduce nutrient and sediment loads to the Chesapeake Bay, as identified by USDA and EPA data and scientific analysis. The Secretary of Agriculture shall work with State agriculture and conservation agencies in developing the report. PART 5—REDUCE WATER POLLUTION FROM FEDERAL LANDS AND FACILITIES SEC. 501. Agencies with land, facilities, or installation management responsibilities affecting ten or more acres within the watershed of the Chesapeake Bay shall, as expeditiously as practicable and to the extent permitted by law, implement land management prac- tices to protect the Chesapeake Bay and its tributary waters consistent with the report required by section 202 of this order and as described in guidance published by the EPA under section 502. SEC. 502. The Administrator of the EPA shall, within 1 year of the date of this order and after consulting with the Committee and providing for public review and comment, publish guidance for Federal land man- agement in the Chesapeake Bay watershed describing proven, cost-effective tools and practices that reduce water pollution, including practices that are available for use by Federal agencies. PART 6—PROTECT CHESAPEAKE BAY AS THE CLIMATE CHANGES SEC. 601. The Secretaries of Commerce and the Inte- rior shall, to the extent permitted by law, organize and conduct research and scientific assessments to support development of the strategy to adapt to climate change impacts on the Chesapeake Bay watershed as required in section 202 of this order and to evaluate the impacts of climate change on the Chesapeake Bay in future years. Such research should include assessment of: (a) the impact of sea level rise on the aquatic eco- system of the Chesapeake Bay, including nutrient and sediment load contributions from stream banks and shorelines; (b) the impacts of increasing temperature, acidity, and salinity levels of waters in the Chesapeake Bay; (c) the impacts of changing rainfall levels and changes in rainfall intensity on water quality and aquatic life; (d) potential impacts of climate change on fish, wild- life, and their habitats in the Chesapeake Bay and its watershed; and (e) potential impacts of more severe storms on Chesa- peake Bay resources. PART 7—EXPAND PUBLIC ACCESS TO THE CHESAPEAKE BAY AND CONSERVE LANDSCAPES AND ECOSYSTEMS SEC. 701. (a) Agencies participating in the Committee shall assist the Secretary of the Interior in develop- ment of the report addressing expanded public access to the waters of the Chesapeake Bay and conservation of landscapes and ecosystems required in subsection 202(e) of this order by providing to the Secretary: (i) a list and description of existing sites on agency lands and facilities where public access to the Chesa- peake Bay or its tributary waters is offered; Page 380 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1268 (ii) a description of options for expanding public ac- cess at these agency sites; (iii) a description of agency sites where new oppor- tunities for public access might be provided; (iv) a description of safety and national security issues related to expanded public access to Depart- ment of Defense installations; (v) a description of landscapes and ecosystems in the Chesapeake Bay watershed that merit recogni- tion for their historical, cultural, ecological, or sci- entific values; and (vi) options for conserving these landscapes and ecosystems. (b) In developing the report addressing expanded pub- lic access on agency lands to the waters of the Chesa- peake Bay and options for conserving landscapes and ecosystems in the Chesapeake Bay, as required in sub- section 202(e) of this order, the Secretary of the Inte- rior shall coordinate any recommendations with State and local agencies in the watershed and programs such as the Captain John Smith Chesapeake National His- toric Trail, the Chesapeake Bay Gateways and Watertrails Network, and the Star-Spangled Banner National Historic Trail. PART 8—MONITORING AND DECISION SUPPORT FOR ECOSYSTEM MANAGEMENT SEC. 801. The Secretaries of Commerce and the Inte- rior shall, to the extent permitted by law, organize and conduct their monitoring, research, and scientific as- sessments to support decisionmaking for the Chesa- peake Bay ecosystem and to develop the report address- ing strengthening environmental monitoring of the Chesapeake Bay and its watershed required in section 202 of this order. This report will assess existing moni- toring programs and gaps in data collection, and shall also include the following topics: (a) the health of fish and wildlife in the Chesapeake Bay watershed; (b) factors affecting changes in water quality and habitat conditions; and (c) using adaptive management to plan, monitor, evaluate, and adjust environmental management ac- tions. PART 9—LIVING RESOURCES PROTECTION AND RESTORATION SEC. 901. The Secretaries of Commerce and the Inte- rior shall, to the extent permitted by law, identify and prioritize critical living resources of the Chesapeake Bay and its watershed, conduct collaborative research and habitat protection activities that address expected outcomes for these species, and develop a report ad- dressing these topics as required in section 202 of this order. The Secretaries of Commerce and the Interior shall coordinate agency activities related to living re- sources in estuarine waters to ensure maximum benefit to the Chesapeake Bay resources. PART 10—EXCEPTIONS SEC. 1001. The heads of agencies may authorize excep- tions to this order, in the following circumstances: (a) during time of war or national emergency; (b) when necessary for reasons of national security; (c) during emergencies posing an unacceptable threat to human health or safety or to the marine environ- ment and admitting of no other feasible solution; or (d) in any case that constitutes a danger to human life or a real threat to vessels, aircraft, platforms, or other man-made structures at sea, such as cases of force majeure caused by stress of weather or other act of God. PART 11—GENERAL PROVISIONS SEC. 1101. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) authority granted by law to a department, agen- cy, or the head thereof; or (ii) functions of the Director of the Office of Man- agement and Budget relating to budgetary, adminis- trative, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appro- priations. (c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforce- able at law or in equity, by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. BARACK OBAMA. § 1268. Great Lakes (a) Findings, purpose, and definitions (1) Findings The Congress finds that— (A) the Great Lakes are a valuable na- tional resource, continuously serving the people of the United States and other na- tions as an important source of food, fresh water, recreation, beauty, and enjoyment; (B) the United States should seek to attain the goals embodied in the Great Lakes Water Quality Agreement of 1978, as amend- ed by the Water Quality Agreement of 1987 and any other agreements and amendments, with particular emphasis on goals related to toxic pollutants; and (C) the Environmental Protection Agency should take the lead in the effort to meet those goals, working with other Federal agencies and State and local authorities. (2) Purpose It is the purpose of this section to achieve the goals embodied in the Great Lakes Water Quality Agreement of 1978, as amended by the Water Quality Agreement of 1987 and any other agreements and amendments, through improved organization and definition of mis- sion on the part of the Agency, funding of State grants for pollution control in the Great Lakes area, and improved accountability for implementation of such agreement. (3) Definitions For purposes of this section, the term— (A) ‘‘Agency’’ means the Environmental Protection Agency; (B) ‘‘Great Lakes’’ means Lake Ontario, Lake Erie, Lake Huron (including Lake St. Clair), Lake Michigan, and Lake Superior, and the connecting channels (Saint Mary’s River, Saint Clair River, Detroit River, Ni- agara River, and Saint Lawrence River to the Canadian Border); (C) ‘‘Great Lakes System’’ means all the streams, rivers, lakes, and other bodies of water within the drainage basin of the Great Lakes; (D) ‘‘Program Office’’ means the Great Lakes National Program Office established by this section; (E) ‘‘Research Office’’ means the Great Lakes Research Office established by sub- section (d); (F) ‘‘area of concern’’ means a geographic area located within the Great Lakes, in which beneficial uses are impaired and which has been officially designated as such under Annex 2 of the Great Lakes Water Quality Agreement; (G) ‘‘Great Lakes States’’ means the States of Illinois, Indiana, Michigan, Min-