II
Calendar No. 568
111th CONGRESS
2d Session
S. 2739
[Report No. 111–292]
IN THE SENATE OF THE UNITED STATES
November 5, 2009
Ms. Cantwell (for herself and Mrs. Murray) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works
September 16, 2010
Reported by Mrs. Boxer, with an amendment and an amendment to the title
Strike out all after the enacting clause and insert the part printed in italic
A BILL
To amend the Federal Water Pollution Control Act to provide for the establishment of the Puget Sound Program Office, and for other purposes.
Short title
This Act may be cited as the
Puget Sound Recovery Act of
2009
.
Puget sound
Title I of the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) is amended by adding at the end the following:
Puget Sound
Definitions
In this section:
Comprehensive plan
The term Comprehensive Plan means the Puget Sound Action Agenda, a comprehensive conservation and management plan established under section 320, as modified by the Puget Sound Partnership.
Council
The term Council means the Puget Sound Program Advisory Council established by subsection (d)(1).
Director
The term Director means the Director of the Puget Sound Program Office.
Office
The term Office means the Puget Sound Program Office established under subsection (b)(1).
Puget sound partnership
The term Puget Sound Partnership means the agency of the State of Washington, together with associated councils, boards, and panels, that is—
formed under authority of State law for the purpose of protecting and restoring Puget Sound; and
designated as the management conference under section 320.
Program office
Establishment
The Administrator shall establish within the Environmental Protection Agency a Puget Sound Program Office, to be co-located with the Puget Sound Partnership in the State of Washington.
Appointment of director
The Administrator shall appoint a Director of the Office, who, by reason of management experience and technical expertise relating to Puget Sound, is highly qualified to support the development and implementation of projects, programs, and studies necessary to implement the Comprehensive Plan.
Delegation of authority; staffing
The Administrator shall delegate to the Director such authority and provide such additional staff as are necessary to carry out this section.
Duties
In general
In carrying out this section, the Administrator, acting through the Director, shall—
assist and support the implementation of the Comprehensive Plan;
provide funding and make grants for implementation of the Comprehensive Plan and projects, programs, and studies consistent with the priorities of the Comprehensive Plan;
promote innovative methodologies and technologies that are cost-effective and consistent with the identified goals and objectives of the Comprehensive Plan and Environmental Protection Agency permitting processes;
coordinate the major functions of the Federal Government relating to the implementation of the Comprehensive Plan, including projects, programs, and studies for—
water quality improvements;
wetland, riverine, and estuary restoration and protection;
nearshore restoration and protection; and
endangered species recovery;
coordinate the research and planning projects authorized under this section with activities of Federal agencies, State agencies, Indian tribes, institutions of higher education, and the Science Panel of the Puget Sound Partnership, including conducting or commissioning studies considered to be necessary by the Science Panel for strengthened implementation of the Comprehensive Plan;
track progress toward meeting the identified goals and objectives of the Comprehensive Plan by—
implementing and supporting a project, program, and study monitoring system consistent with the performance management system used by the Puget Sound Partnership; and
coordinating, managing, and reporting environmental data relating to Puget Sound in a manner consistent with methodologies used by the Puget Sound Partnership, including, to the maximum extent practicable, making such data and reports on such data available to the public, including on the Internet, in a timely manner;
coordinate projects, programs, and studies for the protection of Puget Sound, the Strait of Georgia, and the Strait of Juan de Fuca with Canadian authorities; and
collect and make available to the public, including on the Internet, publications and other forms of information relating to the environmental quality of Puget Sound.
Implementation methods
The Administrator, acting through the Director, may enter into interagency agreements, make intergovernmental personnel appointments, provide funding, provide grants, and use other available methods in carrying out the duties of the Director under this subsection.
Puget Sound Program Advisory Council
In general
There is established a council, to be known as the
Puget Sound Program Advisory Council
, to provide advice to the
Administrator on the implementation of the identified goals and objectives of
the Comprehensive Plan.
Composition
The Council shall consist of—
a Federal agency board consisting of—
representatives of appropriate Federal agencies that may affect or implement projects or programs identified in the Comprehensive Plan;
the Executive Director of the Puget Sound Partnership; and
the Director, who shall serve as Chairperson of the Federal agency board; and
an intergovernmental board consisting of the members of the Leadership Council and the Ecosystem Coordination Board of the Puget Sound Partnership.
Meetings
The Council shall meet at least twice per year—
to assess the progress of the Office in meeting the identified goals and objectives of the Comprehensive Plan;
to identify improvements to meeting the identified goals and objectives of the Comprehensive Plan; and
to assess Federal agency budget needs to implement the Comprehensive Plan.
Compensation of members
A member of the Council shall serve without compensation.
Travel expenses
Subject to the availability of appropriations, the Administrator shall reimburse a member of the Council for travel expenses, including per diem in lieu of subsistence, at rates authorized for an employee of a Federal agency under subchapter I of chapter 57 of title 5, United States Code, while away from home or the regular place of business of the member in performance of services for the Council.
Implementation of the comprehensive plan
In general
The Administrator, acting through the Director, in consultation with the Puget Sound Partnership, shall carry out projects, programs, and studies to implement the Comprehensive Plan.
Priority projects, programs and studies
The Administrator shall give special emphasis to projects, programs, and studies that are identified as priorities by the Puget Sound Partnership in the Comprehensive Plan.
Grants
The Administrator, acting through the Director, may provide grants for projects, programs, and studies to implement the Comprehensive Plan, including—
a comprehensive grant, in an amount equal to 50 percent of the funds made available to carry out this subsection for a fiscal year, to the Puget Sound Partnership for—
use in managing the implementation of the Comprehensive Plan; and
allocation by the Puget Sound Partnership for projects, programs, and studies prioritized in the Comprehensive Plan; and
other grants, in an aggregate amount equal to 50 percent of the funds made available to carry out this subsection for a fiscal year, to State and regional water pollution control agencies and entities, federally recognized Indian tribes, State coastal zone management agencies, local governments, other public or nonprofit private agencies, institutions, or organizations for use in implementing specific projects, programs, and studies identified in the Comprehensive Plan.
Federal share
The Federal share of the cost of a project, program, or study carried out under this subsection shall be—
not more than 50 percent of the cost of a project, program, or study; or
up to 100 percent of the cost of a project, program, or study if the project, program, or study is located in or specifically affects a community that meets the affordability criteria for distressed communities established by the State in which the community is located, if such criteria are established after public review and comment.
Form of non-Federal share
The non-Federal share of the cost of any project, program, or study funded under this subsection shall be provided from non-Federal sources.
Annual budget plan
The President, as part of the annual budget of the Federal Government, shall submit information regarding each Federal agency involved in Puget Sound protection and restoration, including—
an interagency crosscut budget that displays for each Federal agency—
amounts obligated for the preceding fiscal year for protection and restoration projects, programs, and studies relating to Puget Sound;
the estimated budget for the current fiscal year for protection and restoration projects, programs. and studies relating to Puget Sound; and
the proposed budget for protection and restoration projects, programs, and studies relating to Puget Sound; and
a description and assessment of the Federal role in the implementation of the Comprehensive Plan and the specific role of each Federal agency involved in Puget Sound protection and restoration, including specific projects, programs, and studies conducted or planned to achieve the identified goals and objectives of the Comprehensive Plan.
Report
Not later than 1 year after the date of enactment of this section and biennially thereafter, the Administrator and the Executive Director of the Puget Sound Partnership shall jointly submit to Congress a report that—
summarizes the progress made in implementing the Comprehensive Plan and progress toward achieving the identified goals and objectives described in the Comprehensive Plan;
summarizes any modifications to the Comprehensive Plan in the period covered by the report;
incorporates specific recommendations concerning the implementation of the Comprehensive Plan; and
summarizes the roles and progress of each Federal agency that has jurisdiction in the Puget Sound watershed toward meeting the identified goals and objectives of the Comprehensive Plan.
Authorization of appropriations
There is authorized to be appropriated to the Administrator to carry out this section $125,000,000 for each of fiscal years 2010 through 2015, to remain available until expended.
.
Short title
This Act may be cited as the
Puget Sound Recovery Act of
2010
.
Puget sound
Title I of the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) is amended by adding at the end the following:
Puget sound
Definitions
In this section:
Annual priority list
The term annual priority list means the annual priority list compiled under subsection (d).
Comprehensive plan
The term comprehensive plan means—
the Puget Sound Action Agenda, a comprehensive conservation and management plan approved under section 320; and
any amendments to that plan.
Executive Director
The term Executive Director means the Executive Director of the Puget Sound Partnership.
Puget Sound Federal Caucus
The term Puget Sound Federal Caucus means the caucus composed of—
the 13 Federal agencies that signed a memorandum of understanding on November 17, 2008, to establish a collaborative effort among Federal agencies to better integrate, organize, and align Federal efforts in the Puget Sound ecosystem with the comprehensive plan; and
such other Federal agencies as the Administrator determines to be appropriate.
Puget Sound Partnership
The term Puget Sound Partnership means the agency of the State of Washington, together with associated councils, boards, panels, and caucuses, that is—
formed under authority of State law for the purpose of protecting and restoring Puget Sound; and
designated as the management conference under section 320.
Puget Sound tribe
The term Puget Sound tribe means any of the federally recognized Indian tribes within the Puget Sound Basin.
Regional Administrator
The term Regional Administrator means the Regional Administrator for Region 10 of the Environmental Protection Agency.
Delegation of authority; staffing
The Administrator shall delegate to the Regional Administrator such authority, and provide such additional staff, as are necessary to carry out this section.
Duties
In general
In carrying out this section, the Administrator, acting through the Regional Administrator, shall—
carry out the duties assigned to the Administrator under section 320 as a member of the management conference under that section;
assist in the development and evaluation of the annual priority list;
provide funding for activities, projects, programs, and studies identified in the annual priority list as necessary to meet the goals and objectives of the comprehensive plan;
promote innovative methodologies and technologies that are cost-effective and able to meet the identified goals and objectives of the comprehensive plan and Environmental Protection Agency permitting processes;
coordinate the major functions of the Federal Government relating to the implementation of the comprehensive plan, including activities, projects, programs, and studies for—
water quality improvements;
wetland, riverine, and estuary restoration and protection;
nearshore restoration and protection;
adaptation to climate change;
critical land protection or acquisitions; and
endangered species recovery;
coordinate the scientific research projects authorized under this section with the activities of Federal agencies, State agencies, Indian tribes, institutions of higher education, and the Science Panel of the Puget Sound Partnership, including conducting or commissioning studies proposed by the Science Panel and included in the annual priority list;
assist the Puget Sound Partnership in tracking progress toward meeting the identified goals and objectives of the comprehensive plan by—
providing information to the performance management system used by the Puget Sound Partnership for the purpose of tracking progress; and
coordinating, managing, and reporting environmental data relating to Puget Sound in a manner consistent with methodologies used by the Puget Sound Partnership, including, to the maximum extent practicable, making such data and reports on such data available to the public, including on the Internet, in a timely manner; and
coordinate activities, projects, programs, and studies for the protection of Puget Sound, the Strait of Georgia, and the Strait of Juan de Fuca with Canadian authorities.
Implementation methods
The Administrator, acting through the Regional Administrator, may enter into interagency agreements, make or facilitate intergovernmental personnel appointments, provide funding, provide grants, and use other available methods in carrying out the duties of the Administrator under this subsection.
Annual priority list
In general
After providing for public comment and review, the Puget Sound Partnership shall annually compile a priority list identifying the intended uses of the amounts made available for grants under subsection (e).
Inclusions
The annual priority list shall include—
a prioritized list of specific activities, projects, programs, and studies that will meet the goals and objectives of the approved comprehensive plan;
information on the activities, projects, programs, and studies to be supported, including a description of—
the terms of financial assistance; and
the communities to be served; and
the criteria and methods established by the Puget Sound Partnership for selection of activities, projects, programs, and studies.
Approval
In general
Notwithstanding any other provision of this Act, the identification and determination of the priority of activities, projects, programs, and studies shall be—
made by the Puget Sound Partnership, in consultation with the Puget Sound Federal Caucus; and
be subject to approval by the Administrator.
Priority list
Approval by the Administrator of the annual priority list shall be based on a determination of whether the projects listed advance the goals and objectives of the approved comprehensive plan.
Failure of Administrator to respond
If, by the date that is 90 days after the date of submission to the Administrator of an annual priority list by the Puget Sound Partnership, the Administrator fails to respond to the submission in writing, the annual priority list shall be considered to be approved.
Failure to compile list
If, for any year, the Puget Sound Partnership fails to compile an annual priority list in accordance with paragraph (1), the Administrator shall compile a priority list for that year that includes—
activities and projects that advance the goals and objectives of the approved comprehensive plan; and
any identified activities and projects from previously approved priority lists that have not yet been funded.
Implementation of comprehensive plan
In general
The Administrator, acting through the Regional Administrator, may provide grants for activities, projects, programs, and studies to implement the comprehensive plan.
Funding
In providing funding under this subsection, the Administrator shall use—
the greater of $5,000,000 or 7.5 percent of the funds made available under this section to provide a comprehensive grant to the Puget Sound Partnership for use in—
tracking the implementation of the comprehensive plan;
monitoring environmental outcomes;
updating the comprehensive plan;
developing the annual priority list; and
performing other administrative activities relating to the management and implementation of the comprehensive plan;
not more than 5 percent of the funds made available under this section to carry out the responsibilities of the Administrator under this section;
not less than the greater of $3,000,000 or 5 percent of the funds made available under this section to implement cooperative agreements or provide grants to Puget Sound tribes to carry out specific activities, projects, programs, or studies identified in the annual priority list; and
the remainder of the funds made available under this section to provide grants for use in implementing specific activities, projects, programs, or studies identified in the annual priority list to—
State or regional agencies or entities;
local governments; or
other public or nonprofit agencies, institutions, or organizations.
Conditions for grant eligibility
In general
An entity shall be eligible for funding under paragraph (2)(C) only if funds will be used for projects and activities that are—
identified in the annual priority list; and
advance the goals and objectives of the approved comprehensive plan.
Eligibility of State agencies
If the Administrator implements a competitive process to provide awards under this subsection, the State of Washington (including all agencies and departments of the State) shall be eligible to participate in the process.
Measurable outcomes, benchmarks, targets
The Administrator shall provide grants under paragraph (2) if, in the judgment of the Administrator, the Puget Sound Partnership has defined and adopted the measurable outcomes, near-term benchmarks, and long-term targets that are necessary to meet the goals and objectives of the comprehensive plan.
Distribution
Not later than 180 days after the date on which funds are made available to carry out this section, the Administrator shall obligate all funds made available for grants under paragraph (2).
Failure to distribute
If all funds made available for grants under paragraph (2) are not obligated by the date specified in paragraph (4), the Administrator shall promptly submit to the appropriate committees of the Senate and the House of Representatives a report that—
describes the reasons for the failure to obligate the funds; and
provides a date certain by which all funds will be distributed.
Federal share
The Federal share of the cost of a project, program, or study carried out under this subsection shall be—
not more than 75 percent of the annual aggregate costs of the activities described in paragraph (2)(A); or
not more than 50 percent of the cost of an activity project, program, or study funded under paragraph (2)(C).
Form of non-Federal share
The non-Federal share of the cost of any project, program, or study funded under this subsection shall be provided from non-Federal sources.
Annual budget plan
The President, as part of the annual budget of the Federal Government, shall submit information regarding each Federal agency involved in Puget Sound protection and restoration, including—
an interagency crosscut budget that describes for each Federal agency—
amounts obligated for the preceding fiscal year for protection and restoration activities, projects, programs, and studies relating to Puget Sound;
the estimated budget for the current fiscal year for protection and restoration activities, projects, programs, and studies relating to Puget Sound; and
the proposed budget for protection and restoration activities, projects, programs, and studies relating to Puget Sound; and
a description and assessment of the Federal role in the implementation of the comprehensive plan and the specific role of each Federal agency involved in Puget Sound protection and restoration, including specific activities, projects, programs, and studies conducted or planned to achieve the identified goals and objectives of the comprehensive plan.
Report
Not later than 1 year after the date of enactment of this section and biennially thereafter, the Administrator and the Executive Director of the Puget Sound Partnership shall jointly submit to Congress a report that—
summarizes the progress made in implementing the comprehensive plan and progress toward achieving the identified goals and objectives described in the comprehensive plan;
summarizes any modifications to the comprehensive plan during the period covered by the report;
incorporates specific recommendations concerning the implementation of the comprehensive plan;
summarizes the roles and progress of each Federal agency that has jurisdiction in the Puget Sound watershed toward meeting the identified goals and objectives of the comprehensive plan; and
includes any other information determined to be relevant by the Administrator or the Executive Director.
Authorization of appropriations
In general
There is authorized to be appropriated to the Administrator to carry out this section $90,000,000 for each of fiscal years 2011 through 2015, to remain available until expended.
Eligibility
The Puget Sound Partnership shall not receive any funding pursuant to section 320 for any fiscal year in which the Puget Sound Partnership receives funding under subsection (e)(2)(A).
.
Amend the title so as to read:
A bill to amend the Federal Water Pollution Control Act to provide for
implementation of the Puget Sound comprehensive conservation and management
plan, and for other purposes.
.
September 16, 2010
Reported with an amendment and an amendment to the title