DOCSLIB.ORG

Legal Overview of the Galveston Bay Estuary Program, A

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Legal Overview of the Galveston Bay Estuary Program, A A LEGAL OVERVIEW OF THE GALVESTON BAY ESTUARY PROGRAM I. INTRODUCTION .................................... 173 II. THE SIGNIFICANCE OF ESTUARIES ..................... 174 III. THE NATIONAL ESTUARY PROGRAM (33 U.S.C. § 1330) ... 177 IV. THE SIGNIFICANCE OF GALVESTON BAY ................ 181 V. THE GALVESTON BAY NATIONAL ESTUARY PROGRAM .... 183 A. Administrative Development ..................... 183 B. Joint Administration by the TNRCC & GLO ......... 184 VI. AN OVERVIEW OF THE GALVESTON BAY PLAN........... 186 VII. ENFORCEABILITY .................................. 189 A. FederalConsistency for NationalEstuary Programs .. 192 B. State Consistency Under the Texas CoastalManagement Program ......................................... 193 C. Federal Consistency Under the CoastalZone Management A ct ............................................. 196 VIII. CONCLUSION ..................................... 197 APPENDIX A: AGENCY RESPONSIBILITIES ...................... 199 APPENDIX B: APPLICABLE ACRONYMS ........................ 206 I. INTRODUCTION Whether you view Galveston Bay from the deck of a fishing boat or the offices of one of the many industrial plants that line its shores, one cannot help but notice how the bay is in trouble. From the trash ridden shorelines to the smell in the air, there are numerous signs that the bay is deteriorating. Galveston Bay is an important and rich provider of natural resources to the citizens of Texas. Over the years, these precious resources have been depleted due to overutilization and a general lack of respect by the human environment. While many individuals may feel discouraged by the above statements, there is reason to hope that recovery is promising for the future. The Galveston Bay National Estuary Program, a partnership program between the Texas Natural Resource Conservation Commission and the Texas General Land Office, has been developed with the purpose of improving "water quality and enhanc[ing] living resources in Galveston Bay."' This article is designed to provide insight into The Galveston Bay Plan, with a special focus on the issue of enforceability. To develop a working knowledge of the importance of The Plan, we must begin our discussion with the significance of estuaries in general. i. The Galveston Bay Estuary Program: About the Program, http://gbep.tamug.tamu.edu/ about.htm (last visited Dec. 27, 1999) [hereinafter GBEP]. 174 TEXAS TECH JOURNAL OF TEXAS ADMINISTRATIVE LAW [Vol. 2:173 Estuaries provide many important social and economic benefits to the communities located along its shores. In addition, estuaries are essential to the ecological livelihood of many living creatures who depend on the resources an estuary provides. The next important area to understand is the legal development of the Galveston Bay National Estuary Program. This program is part of the National Estuary Program established by Section 320 of the Water Quality Act of 1987, authorizing the establishment of Management Conferences "to develop Comprehensive Conservation and Management Plans (CCMPs) for estuaries of national significance that are threatened by pollution, development or overuse."2 The Galveston Bay Plan, a comprehensive management plan itself, was designed to tackle issues relating specifically to Galveston Bay with the overall goal of restoring and protecting the bay's valuable natural resources. The final and most important piece of the article deals with the issue of enforceability. The chief tool used to enforce the goals of the bay is consistency review. In general, there are three types of consistency review applicable to The Galveston Bay Plan, which include (1) federal consistency for National Estuary Programs; (2) state consistency under the Texas Coastal Management Program; and (3) federal consistency under the federal Coastal Zone Management Act. These types of consistency review require administrative agencies to take into account the issues and goals of The Plan when allocating resources to different projects and activities located or affecting the Galveston Bay estuarine area. Overall, this article is designed for the practicing attorney to take into account The Galveston Bay Plan when advising clients on issues affecting the estuarine area. The article further provides the necessary insight into the development of The Plan, allowing practitioners to take into consideration the legal effects of advising clients on such issues that affect the bay, including land development projects and permitting decisions. II. The Significance of Estuaries An estuary is a body of water that serves as a vital habitat for many different species. Estuaries are found along the coastline in areas where fresh water and salt water mix together.' These vital habitats come in all shapes and sizes and are recognized by most individuals as bays, harbors, channels, inlets, sloughs or sounds.4 An estuary is a very special ecosystem supporting a large, unique community of plants and animals. Estuaries encompass one of the 2. Id. 3. 33 U.S.C. 1254(n)(4) (1995). 4. National Estuary Program: About Estuaries, http://www.epa.gov/owow/estuaries/about.htm (last visited Dee. 27, 1999) [hereinafter EPA]. 2001] OVERVIEW OF THE GALVESTON BAY ESTUARY PROGRAM 175 most productive environments on earth, creating more organic matter each year than a comparable sized forest or grassland area.' A multiple number of habitat types are found in and around estuaries, including but not limited to, "shallow open waters, freshwater and saltwater marshes, sandy beaches, mud and sand flats, rocky shores, oyster reefs, mangrove forests, river deltas, tidal pools, sea grass and kelp beds, and wooded swamps."6 Further, the productivity of the estuarine community produces and attracts a diverse number of wildlife creatures, featuring mammals, birds, fish, reptiles, shellfish, and plants all interacting within complex food webs.7 Estuaries are critical for the survival of many species which depend on the estuarine habitats for their everyday life needs. Among the type of uses an estuary provides, the following are considered the most important: HABITAT: Tens of thousands of birds, mammals, fish, and other wildlife depend on estuaries. NURSERY: Many marine organisms, most commercially valuable fish species included, depend on estuaries at some point during their development. PRODUCTIVITY: A healthy, untended estuary produces from four to ten times the weight of organic matter produced by a cultivated corn field of the same size. WATER FILTRATION: Water draining off the uplands carries a load of sediments and nutrients. As the water flows through salt marsh peat and the dense mesh of marsh grass blades, much of the sediment and nutrient load is filtered out. This filtration process creates cleaner and clearer water. FLOOD CONTROL: Porous, resilient salt marsh soils and grasses absorb flood waters and dissipate storm surges. Salt marsh dominated estuaries provide natural buffers between the land and the ocean. They protect upland organisms as well as billions of dollars of human real estate.' Estuarine areas also provide cultural and sociological benefits to the communities they embrace.9 They offer ample opportunity and provide an outlet for recreation, science education, and aesthetic pleasures." Boating, swimming, and fishing are just a few of the activities available to individuals living on or near estuarine habitats." Estuaries are often the focal point of local communities, which rely on the estuary as a source of commerce, 5. An Introduction to Estuaries, http://inlet.geol.se.edu/nerrsintro.htmI (last visited Dec. 28, 1999) [hereinafter Intro to Estuaries]. 6. EPA, supra note 4. 7. Id. 8. Intro to Estuaries, supra note 5. 9. EPA, supra note 4. 10. Id. 11. Id. 176 TEXAS TECH JOURNAL OF TEXASADMINISTRATIVE LAW [Vol. 2:173 recreation, celebrations, and traditions." Further, estuaries serve as laboratories to both scientists and students by providing lessons in biology, chemistry, and oceanography. 3 Besides the social and cultural benefits, estuaries provide economic 14 benefits that are extremely valuable to the quality of the human environment. Tourism, commercial fishing, and other activities thrive on an estuary's ability to produce natural resources. 5 These protected coastal waters also support important public infrastructure, "serving as harbors and ports vital for shipping, transportation, and industry. "'' 6 A few specific examples of the economic benefits and social resources estuaries provide include: [1] Estuaries provide habitat for more than 75% of America's commercial fish catch, and for 80-90% of the recreational fish catch. [2] Nationwide, commercial and recreational fishing, boating, tourism, and other coastal industries provide more than 28 million jobs. Commercial shipping alone employed more than 50,000 people as of January 1997. [3] There are 25,500 recreational facilities along the U.S. coasts-almost 44,000 square miles of outdoor public recreation areas. The average American spends 10 recreational days on the coast each year. In 1993 more than 180 million Americans visited ocean and bay beaches- nearly 70% of the U.S. population. Coastal recreation and tourism generate $8 to $12 billion annually. [4] In just one estuarine system- Massachusetts and Cape Cod Bays- commercial and recreational fishing generate about $240 million per year. In that same estuary, tourism and beach-going generate $1.5 billion per year, and shipping and marinas generate $1.86 billion per year." Although estuaries are valuable to the
Load more

Recommended publications
  • U.S. Environmental Protection Agency's National Estuary Program
    U.S. Environmental Protection Agency’s National Estuary Program Story Map Text-only File 1) Introduction Welcome to the National Estuary Program story map. Since 1987, the EPA National Estuary Program (NEP) has made a unique and lasting contribution to protecting and restoring our nation's estuaries, delivering environmental and public health benefits to the American people. This story map describes the 28 National Estuary Programs, the issues they face, and how place-based partnerships coordinate local actions. To use this tool, click through the four tabs at the top and scroll around to learn about our National Estuary Programs. Want to learn more about a specific NEP? 1. Click on the "Get to Know the NEPs" tab. 2. Click on the map or scroll through the list to find the NEP you are interested in. 3. Click the link in the NEP description to explore a story map created just for that NEP. Program Overview Our 28 NEPs are located along the Atlantic, Gulf, and Pacific coasts and in Puerto Rico. The NEPs employ a watershed approach, extensive public participation, and collaborative science-based problem- solving to address watershed challenges. To address these challenges, the NEPs develop and implement long-term plans (called Comprehensive Conservation and Management Plans (link opens in new tab)) to coordinate local actions. The NEPs and their partners have protected and restored approximately 2 million acres of habitat. On average, NEPs leverage $19 for every $1 provided by the EPA, demonstrating the value of federal government support for locally-driven efforts. View the NEPmap. What is an estuary? An estuary is a partially-enclosed, coastal water body where freshwater from rivers and streams mixes with salt water from the ocean.
    [Show full text]
  • Promoting Water Reuse Through Partnership Programs: National Estuary Program and Urban Waters Partnerships Delivering on EPA’S Water Reuse Action Plan
    Promoting Water Reuse through Partnership Programs: National Estuary Program and Urban Waters Partnerships Delivering on EPA’s Water Reuse Action Plan April 2021 EPA -840-R-21-002 i Acknowledgements This document was developed by EPA employee Tara Flint and ORISE Research Participant Daniela Rossi, through their work with the EPA Office of Wetlands, Oceans and Watersheds, and Eric Ruder and Daniel Kaufman of Industrial Economics. Daniela Rossi’s role did not include establishing Agency policy, and all final decision-making was made by the Agency. The information presented here would not have been possible without contributions from EPA’s Office of Water staff on both the Urban Waters and National Estuary Program teams, Regional Offices, and external partners from the partnership programs. Disclaimer The findings reported herein are made available for informational purposes only and do not represent the Environmental Protection Agency’s position on the topics covered. This report does not, nor is it intended to, affect the behavior of non-agency parties. To the extent this report contains summaries and discussions of EPA’s statutory authorities and regulations, the report itself does not constitute an EPA statue or regulation and does not substitute for such authorities. Cover Photo Credits (clockwise from top right): Private raingarden planted as part of Homeowner Rewards Program to incentivize green infrastructure (Peconic Estuary Partnership); Rainwater catchment project near Pennington Creek, CA installed in partnership with Morro Bay NEP (Morro Bay NEP); Installed and blooming bioswale in downtown New Haven, CT (Long Island Sound Office); Riverhead Sewage Treatment Plant renovated which supplies reclaimed water for irrigation (Peconic Estuary Partnership) i Table of Contents Acknowledgements .......................................................................................................................................
    [Show full text]
  • Freshwater Harmful Algal Blooms: Causes, Challenges, and Policy Considerations
    Freshwater Harmful Algal Blooms: Causes, Challenges, and Policy Considerations Updated July 8, 2020 Congressional Research Service https://crsreports.congress.gov R44871 SUMMARY R44871 Freshwater Harmful Algal Blooms: Causes, July 8, 2020 Challenges, and Policy Considerations Laura Gatz Scientific research indicates that in recent years, the frequency and geographic Analyst in Environmental distribution of harmful algal blooms (HABs) have been increasing nationally and Policy globally. Because the impacts of HABs can be severe and widespread—often with interstate implications—these issues have been a perennial interest for Congress. While algal communities are natural components of healthy aquatic ecosystems, under certain conditions (e.g., increased temperatures and nutrient concentrations), algae may grow excessively, or “bloom,” and produce toxins that can harm human health, animals, aquatic ecosystems, and the economy. In 2014, a cyanobacterial HAB in Lake Erie affected the drinking water for more than 500,000 people in Toledo, Ohio. In 2016, a massive HAB in Florida’s Lake Okeechobee negatively impacted tourism and aquatic life. HABs have been recorded in every state and have become a concern nationwide. Many types of algae can cause HABs in freshwater systems. The most frequent and severe blooms involve the proliferation of cyanobacteria. Some cyanobacteria species can produce toxins—cyanotoxins—that can cause mild to severe health effects in humans and kill aquatic life and other animals. HABs can also contribute to deteriorating water quality and ecosystem health. As masses of cyanobacteria or other algae die and decompose, they consume oxygen, sometimes forming “dead zones” where life cannot survive. These areas can kill fish and organisms, such as crabs and clams, and have detrimental economic effects.
    [Show full text]
  • National Estuary Program Summary Work Plan
    NATIONAL ESTUARY PROGRAM SUMMARY WORK PLAN FOR FEDERAL FISCAL YEAR 2019 FUNDING FOR COMPREHENSIVE CONSERVATION AND MANAGEMENT PLAN IMPLEMENTATION ACTIVITIES DURING THE PERIOD October 1, 2019-September 30, 2020 or beyond [FY2020] WITH PRIOR YEAR GOALS/ACCOMPLISHMENTS/HIGHLIGHTS FOR THE PERIOD October 1, 2018- September 30, 2019 [FY2019] August 2019 Prepared by: EPA Long Island Sound National Program Office in consultation with and on behalf of the Long Island Sound Study Funded Management Conference Partners Long Island Sound Study FY2019 Work Plan National Estuary Program TABLE OF CONTENTS A. General Information Reporting Requirements ................................................................................. 1 1. CCMP 2019 Goal Focus .................................................................................................................. 1 a. NEP Implementation Review ...................................................................................................... 2 2. FY2019 LISS Budget Breakdown .................................................................................................. 2 3. LISS Staff and Their Official Responsibilities ................................................................................ 2 4. Grant Awards ................................................................................................................................... 3 B. Proposed New and Ongoing (FY2019) Projects................................................................................. 4 1. Program Implementation
    [Show full text]
  • NATIONAL ESTUARY PROGRAM Protecting and Restoring Critically Important Coastal Waterways
    NATIONAL ESTUARY PROGRAM Protecting and Restoring Critically Important Coastal Waterways Why the National Estuary Program Is Important Coastal states are home to numerous estuaries, including bays, sounds and lagoons, where freshwater from rivers and streams mixes with salt water from the sea. Estuaries are the most biologically productive ecosystems on earth and their bounty supports tourism, fisheries and recreation. Estuary wetlands protect habitat and property from storm damage by creating natural buffers between the land and the ocean that absorb flood waters and dissipate storm surges. ● Most commercially important fish species spend part of their life cycle in estuaries. In 2014, fisheries contributed 1.4 million full- and part-time jobs and generated $153 billion in sales, $42 billion in income and $64 billion in value-added impacts nationwide. ● Estuary waters serve as harbors and ports for U.S. shipping and transportation. ● Over one half of the U.S. population lives in coastal areas. As of 2012, these areas provided over 80% of all U.S. jobs and contributed $13 trillion to the U.S. economy. Between 1997 and 2012, nearly 80% of the growth in population, jobs and gross domestic product was in coastal states. How the National Estuary Program Works The National Estuary Program was authorized by the 1987 Amendments to the federal Clean Water Act and reauthorized in 2016 to protect and restore water quality and ecosystems in 28 nationally significant estuarine watersheds along the Atlantic, Gulf and Pacific coasts, and in Puerto Rico. ● Individual programs for each of the estuaries work with businesses, states, localities, and other partners to undertake non-regulatory projects that protect and improve coastal environments, communities and economies.
    [Show full text]
  • National Estuary Program Factsheet
    EPA 842F07001 National Estuary Program Overview Estuary—a place where The National Estuary Program (NEP) is a very successful freshwater from a river mixes community-based program designed to restore and maintain with saltwater from the the ecological integrity of estuaries of national significance. ocean. Estuaries are often There are 28 NEPs, each with a Director and staff, working called a bay, sound, lagoon, with local stakeholders to improve the health of their estuary - inlet, or harbor. it’s waters, habitats, and living resources. Estuaries contain many important habitats such as Established under the 1987 Clean Water Act Amendments, the NEP is a wetlands, mud flats, rocky unique voluntary program that operates through partnerships among EPA shores, and seagrass beds. and other Federal, State, and local organizations; industry; academia; environmental and business groups; and community residents. Each NEP Estuaries serve as nursery works using an inclusive collaborative decision-making process to deliver and spawning areas. Almost on-the-ground action making the NEP an important model for protection 80% of the commercial and and management of coastal and non-coastal watersheds. recreational fish we catch depend on estuaries for part or all of their lives. How does the NEP Protect Estuaries? The flexible and collaborative nature of the NEP has allowed the local Estuary Programs to develop many innovative approaches to address problems. These approaches are uniquely tailored to local environmental conditions, and to the needs of local communities and constituencies. At the same time, the national structure provided by the NEP has facilitated the sharing of successful management approaches, technologies, and ideas.
    [Show full text]
  • ANEP 2 Pager Wmap
    THE ASSOCIATION OF National Estuary Programs Investing in a Strong, Resilient and Vibrant U.S. Coastal Economy Innovative Congressional Vision Congressional 30 Years of Proven Success Funding Needs THANK YOU 116th Congress The National Estuary Program (NEP) was created by the U.S. Congress in Section 320 of the Clean Water Act (1987.) The foundation for program success is the Congressional vision for $50 M Congressional Authorization NEP Management Conferences: non-regulatory, science-based, consensus-driven, stakeholder-engaged and outcome-focused. Program and fiscal oversight is strong. Expanded and focused funding for EPA competitive Watershed Grants Program Twenty-eight individual estuaries and watersheds have been designated as “Estuaries of National Significance” within the National Estuary Program. The NEP network represents 29 states in the continental U.S. and San Juan Bay, Puerto Rico. APPROPRIATION NEED Together, NEPs represent billions of dollars in economic value and deliver future Appropriation of a minimum opportunities for economic growth and diversification. $1 M per program annually NEPs guide responsible stewardship of both natural assets and human-built infrastructure RETURN ON INVESTMENT to ensure that America’s estuaries are healthy, prosperous, and more resilient, today and On average, the NEP leverages for future generations. $22 in local, state and private-sector investment for every $1 of federal funds appropriated to the program (EPA 2020) Puget Sound Partnership Casco Bay Lower Columbia Estuary Partnership Estuary
    [Show full text]
  • Charlotte Harbor National Estuary Program Committing to Our Future a Public-Private Partnership to Protect the Charlotte Harbor Estuarine and Watershed System
    Charlotte Harbor National Estuary Program Committing To Our Future A Public-Private Partnership to Protect the Charlotte Harbor Estuarine and Watershed System Comprehensive Conservation and Management Plan (CCMP) 2008 Update SUMMARY This summary of the Charlotte Harbor National Estuary Program Comprehensive Conservation and Management Plan (CCMP) was created with information from the CCMP approved in 2001 and 2008 and various sources provided by the U.S. Environmental Protection Agency and the Southwest Florida Regional Planning Council. The CCMP 2008 Update and this document, the CCMP Summary 2008 Update, may be obtained as PDF files from the Program website at www. CHNEP.org. Printed copies are available from the Program Office and can be requested through the website. Charlotte Harbor National Estuary Program 1926 Victoria Avenue, Fort Myers, FL 33901-3414 239/338-2556 | Toll-free 866/835-5785 | Fax 239/338-2560 When an estuary’s www.CHNEP.org components DIRECTOR: Dr. Lisa Beever | [email protected] | ext. 235 SENIOR SCIENTIST: Catherine Corbett | [email protected] | ext. 241 are in balance, DEPUTY DIRECTOR: Liz Donley | [email protected] | ext. 234 COMMUNICATIONS MANAGER: all life flourishes. Maran Hilgendorf | [email protected] | ext. 240 The CCMP Summary was written by Maran Hilgendorf and originally designed by The Set Up, Inc. Photographs were provided by Litaker Photography, Pat and Brady Pfeil, The Ledger, Boca Beacon, Mote Marine Laboratory, Lee County Convention and Visitors Bureau, Charlotte County Convention and Visitors Bureau, Polk County Convention and Visitors Bureau, Sarasota County Convention and Visitors Bureau and CHNEP staff. © Revised January 2008. September 2002. Printed on recycled paper.
    [Show full text]
  • Water Quality Assessment
    City of Morro Bay Stormwater Management Plan Section 2 Stormwater Management Program Water Quality Assessment 2.1 Stormwater Management Area Assessments Local Environmental Setting The City of Morro Bay, population 10,350 according to 2000 US census, generally lies on the narrow coastal shelf between the ocean and the coastal hills. A map of the City is located in Appendix C. The City is within the north coastal area of San Luis Obispo County and is about 12 miles north of the city of San Luis Obispo. The City of Morro Bay covers an area of approximately 6 square miles. The topography is generally hilly to mountainous, with development and agriculture concentrated on the coastal plain and valleys. The City is primarily a residential community with an economy based on the tourism/visitor-serving businesses. Census 2000 data shows that 24 percent of the population is over the age of 65 and approximately 20 percent of the City’s residences are vacant or used as seasonal second residences. The built out projected population for the City of Morro Bay is 12,500. Almost the entire community of Morro Bay lies within the Coastal Zone. The Local Coastal Program Land Use Plan (LUP) applies to all but a small area of the City. Development within the City is regulated by the Coastal Land Use Plan, the Zoning Ordinance, the General Plan, the Building Ordinance, and other Municipal Codes when appropriate. The City operates and maintains a variety of facilities, including parks, streets, sidewalks, bike trails, public buildings, a corporation/maintenance yard, open space, a waste water treatment plant, a water treatment plant reverse osmosis facility, and harbor support facilities.
    [Show full text]
  • National Estuary Program Booklet
    Photo Credit: Mark Lagrange NATIONAL ESTUARY PROGRAM THE NATIONAL ESTUARY PROGRAM THE NEP APPROACH WHAT IS AN NEP? The EPA National Estuary Program (NEP) is a unique and voluntary program Each NEP consists of a collection of stakeholders, organized in a decision-making framework that established in 1987 under the Clean Water Act Amendments (CWA). A successful facilitates collaboration, consensus-building, and public input. NEP stakeholders typically include ecosystem-based management program, it works to restore and maintain the water representatives from Federal, state and local governments, nonprofit organizations, affected quality and ecological integrity of estuaries of national significance. business and industries, academia, and the general public. EPA is a participant and provides management guidance, along with financial and technical assistance. Together the group works To achieve these goals, NEPs involve community members and other key partners to to articulate common goals and take action to address a wide range of issues in their CCMP. develop and implement a management plan. Citizens are fully engaged throughout this process to ensure that local needs are addressed in this Comprehensive NEPs are guided by a director and staff that are housed in a program office located within the Conservation and Management Plan (CCMP). The CCMP contains specific actions estuarine watershed. NEPs work to improve the health of their estuary – its waters, habitats, to apply CWA programs in a way that fully supports these local priorities. and living resources within a particular geographic boundary encompassing the estuary and surrounding environments. The 28 NEPs across the country have demonstrated an impressive ability to secure and leverage funds, protect and restore coastal habitats, and broaden public WHAT IS THE NEP APPROACH? understanding of estuaries.
    [Show full text]
  • Environmental Protection Agency (EPA): FY2016 Appropriations
    Environmental Protection Agency (EPA): FY2016 Appropriations (name redacted) Specialist in Environmental Policy (name redacted) Specialist in Environmental Policy May 19, 2016 Congressional Research Service 7-.... www.crs.gov R44208 Environmental Protection Agency (EPA): FY2016 Appropriations Summary Enacted on December 18, 2015, Title II of Division G of the Consolidated Appropriations Act, 2016 (P.L. 114-113; H.R. 2029) provided $8.14 billion for the Environmental Protection Agency (EPA) for FY2016. The act appropriated funding for the full fiscal year through September 30, 2016, for the 12 regular appropriations acts, including “Interior, Environment, and Related Agencies,” under which EPA is funded. The total FY2016 enacted appropriations of $8.14 billion for EPA was the same as enacted for FY2015 but $451.8 million (5.3%) below the President’s FY2016 request of $8.59 billion. No regular appropriations acts for FY2016—including the Interior, Environment, and Related Agencies—were enacted prior to the start of the fiscal year. Instead, EPA and other federal departments and agencies operated under a continuing resolution (P.L. 114-53; H.R. 719) prior to the enactment of P.L. 114-113. Total discretionary appropriations enacted for FY2016 for all federal departments and agencies were based on increased limits on discretionary spending enacted November 2, 2015, in the Bipartisan Budget Act of 2015 (P.L. 114-74; H.R. 1314). Prior to the increased spending limits per the Bipartisan Budget Act, the House Committee on Appropriations reported H.R. 2822 on June 18, 2015, for the Interior, Environment, and Related Agencies proposing $7.42 billion for EPA for FY2016.
    [Show full text]
  • Appendix A: Clean Water Act, Section 320, As Amended. EPA 842-B-05-003
    This document is one section from the EPA “Community-Based Watershed Management: Lessons from the National Estuary Program” handbook, published in February 2005. The reference number is EPA 842-B-05-003. You can find the entire document at http://www.epa.gov/owow/estuaries/nepprimer. COMMUNITY-BASED WATERSHED MANAGEMENT Lessons from the National Estuary Program FEBRUARY, 2005 Page 83 Appendix A: Clean Water Act, Section 320, as Amended NATIONAL ESTUARY PROGRAM a. MANAGEMENT CONFERENCE. 1. NOMINATION OF ESTUARIES. The Governor of any State may nominate to the Administrator an estuary lying in whole or in part within the State as an estuary of national significance and request a management conference to develop a comprehensive management plan for the estuary. The nomination shall document the need for the conference, the likelihood of success, and information relating to the factors in paragraph (2). 2. CONVENING OF CONFERENCE. A. IN GENERAL. In any case where the Administrator determines, on his own initiative or upon nomination of a State under paragraph (1), that the attainment or maintenance of that water quality in an estuary which assures protection of public water supplies and the protection and propagation of a balanced, indigenous population of shellfish, fish, and wildlife, and allows recreational activities, in and on water, requires that control of point and nonpoint sources of pollution to supplement existing controls of pollution in more than one State, the Administrator shall select such estuary and convene a management conference.
    [Show full text]