S 2739 IS

To amend the Federal Water Pollution Control Act to provide for the establishment of the Puget Sound Program Office, and for other purposes.CommentsClose CommentsPermalink

November 5, 2009CommentsClose CommentsPermalink

Ms. CANTWELL (for herself and Mrs. MURRAY) introduced the following bill; which was read twice and referred to the Committee on Environment and Public WorksCommentsClose CommentsPermalink

To amend the Federal Water Pollution Control Act to provide for the establishment of the Puget Sound Program Office, and for other purposes.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Puget Sound Recovery Act of 200910’. CommentsClose CommentsPermalink

SEC. 2. 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: CommentsClose CommentsPermalink

‘SEC. 123. PUGET SOUND.

‘(a) Definitions- In this section: CommentsClose CommentsPermalink





‘(1) ANNUAL PRIORITY LIST- The term ‘annual priority list’ means the annual priority list compiled under subsection (d). CommentsClose CommentsPermalink





‘(2) COMPREHENSIVE PLAN- The term ‘Comprehensive Plan’ meanscomprehensive plan’ means-- CommentsClose CommentsPermalink





‘(A) the Puget Sound Action Agenda, a comprehensive conservation and management plan establishapproved under section 320, as modified by the Puget Sound Partnership.‘(2) COUNCIL- The term ‘Council’ means the Puget Sound Program Advisory Council established by subsection (d)(1); and CommentsClose CommentsPermalink





‘(B) any amendments to that plan. CommentsClose CommentsPermalink





‘(3) EXECUTIVE DIRECTOR- The term ‘Executive Director’ means the Executive Director of the Puget Sound Program Officeartnership. CommentsClose CommentsPermalink





‘(4) OFFICEPUGET SOUND FEDERAL CAUCUS- The term ‘Office’ means the Puget Sound Program Office established under subsection (b)(1)Puget Sound Federal Caucus’ means the caucus composed of-- CommentsClose CommentsPermalink





‘(A) 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 CommentsClose CommentsPermalink





‘(B) such other Federal agencies as the Administrator determines to be appropriate. CommentsClose CommentsPermalink





‘(5) PUGET SOUND PARTNERSHIP- The term ‘Puget Sound Partnership’ means the agency of the State of Washington, together with associated councils, boards, and panelpanels, and caucuses, that is-- CommentsClose CommentsPermalink





‘(A) formed under authority of State law for the purpose of protecting and restoring Puget Sound; and CommentsClose CommentsPermalink





‘(B) designated as the management conference under section 320. CommentsClose CommentsPermalink





‘(b) Program Office-‘(1) ESTABLISHMENT- The Administrator shall establish within6) PUGET SOUND TRIBE- The term ‘Puget Sound tribe’ means any of the federally recognized Indian tribes within the Puget Sound Basin. CommentsClose CommentsPermalink





‘(7) REGIONAL ADMINISTRATOR- The term ‘Regional Administrator’ means the Regional Administrator for Region 10 of the Environmental Protection Agency a Puget Sound Program Office, to be co-located with the Puget Sound Partnership in the State of Washington.

‘(2) 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.

‘(3) DELEGATION OF AUTHORITY; STAFFING. CommentsClose CommentsPermalink




‘(b) Delegation of Authority; Staffing- The Administrator shall delegate to the DirecRegional Administrator such authority, and provide such additional staff, as are necessary to carry out this section. CommentsClose CommentsPermalink





‘(c) Duties- CommentsClose CommentsPermalink





‘(1) IN GENERAL- In carrying out this section, the Administrator, acting through the DirecRegional Administrator, shall-- CommentsClose CommentsPermalink





‘(A) assist and support the implementation of the Comprehensive Plan;

‘(B) provide funding and make grants for implementation of the Comprehensive Plan and projects, programs, and studies consistent with the priorities of the Comprehensive Plan;

‘(Ccarry out the duties assigned to the Administrator under section 320 as a member of the management conference under that section; CommentsClose CommentsPermalink




‘(B) assist in the development and evaluation of the annual priority list; CommentsClose CommentsPermalink





‘(C) 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; CommentsClose CommentsPermalink





‘(D) promote innovative methodologies and technologies that are cost-effective and consistent withable to meet the identified goals and objectives of the Comprehensive Pcomprehensive plan and Environmental Protection Agency permitting processes; CommentsClose CommentsPermalink





‘(DE) coordinate the major functions of the Federal Government relating to the implementation of the Comprehensive Plan, including projects, programs, and studies for--‘(i) comprehensive plan, including activities, projects, programs, and studies for-- CommentsClose CommentsPermalink





‘(i) water quality improvements; CommentsClose CommentsPermalink





‘(ii) wetland, riverine, and estuary restoration and protection; CommentsClose CommentsPermalink





‘(iii) nearshore restoration and protection; CommentsClose CommentsPermalink





and‘(iv ‘(iv) adaptation to climate change; CommentsClose CommentsPermalink





‘(v) critical land protection or acquisitions; and CommentsClose CommentsPermalink





‘(vi) endangered species recovery; CommentsClose CommentsPermalink





‘(EF) coordinate the research and planningscientific 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 considered to be necessaryproposed by the Science Panel for strengthened implementation of the Comprehensive Plan;‘(F) trackand included in the annual priority list; CommentsClose CommentsPermalink





‘(G) assist the Puget Sound Partnership in tracking progress toward meeting the identified goals and objectives of the Comprehensive Pcomprehensive plan by-- CommentsClose CommentsPermalink





‘(i) implementing and supporting a project, program, and study monitoring system consistent withproviding information to the performance management system used by the Puget Sound Partnership for the purpose of tracking progress; and CommentsClose CommentsPermalink





‘(ii) 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;‘(G) coordinate and CommentsClose CommentsPermalink





‘(H) 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; and‘(H) 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. CommentsClose CommentsPermalink





‘(2) IMPLEMENTATION METHODS- The Administrator, acting through the DirecRegional 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 Director Administrator under this subsection. CommentsClose CommentsPermalink





‘(d) Puget Sound Program Advisory CouncilAnnual Priority List- CommentsClose CommentsPermalink





‘(1) 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 PlanAfter 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). CommentsClose CommentsPermalink





‘(2) COMPOSITION- The Council shall consist of--

‘(A) a Federal agency board consisting of--

‘(i) representatives of appropriate Federal agencies that may affect or implement projects or programs identified in the Comprehensive Plan;

‘(ii) the Executive Director of the Puget Sound Partnership; and

‘(iii) the Director, who shall serve as Chairperson of the Federal agency board; and

‘(B) an intergovernmental board consisting of the members of the Leadership Council and the Ecosystem Coordination Board of the Puget Sound Partnership.

‘(3) MEETINGS- The Council shall meet at least twice per year--

‘(A) to assess the progress of the Office in meeting the identifiedINCLUSIONS- The annual priority list shall include-- CommentsClose CommentsPermalink




‘(A) a prioritized list of specific activities, projects, programs, and studies that will meet the goals and objectives of the Comprehensive Plan;‘(B) to identify improvements to meeting the identifiedapproved comprehensive plan; CommentsClose CommentsPermalink





‘(B) information on the activities, projects, programs, and studies to be supported, including a description of-- CommentsClose CommentsPermalink





‘(i) the terms of financial assistance; and CommentsClose CommentsPermalink





‘(ii) the communities to be served; and CommentsClose CommentsPermalink





‘(C) the criteria and methods established by the Puget Sound Partnership for selection of activities, projects, programs, and studies. CommentsClose CommentsPermalink





‘(3) APPROVAL- CommentsClose CommentsPermalink





‘(A) IN GENERAL- Notwithstanding any other provision of this Act, the identification and determination of the priority of activities, projects, programs, and studies shall be-- CommentsClose CommentsPermalink





‘(i) made by the Puget Sound Partnership, in consultation with the Puget Sound Federal Caucus; and CommentsClose CommentsPermalink





‘(ii) be subject to approval by the Administrator. CommentsClose CommentsPermalink





‘(B) 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 Comprehensive Plan; and

‘(C) to assess Federal agency budget needs to implement the Comprehensive Plan.

‘(4) COMPENSATIONapproved comprehensive plan. CommentsClose CommentsPermalink




‘(C) FAILURE OF MEMBERS- A member of the Council shall serve without compensation.‘(5) 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 awayADMINISTRATOR 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. CommentsClose CommentsPermalink





‘(4) 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-- CommentsClose CommentsPermalink





‘(A) activities and projects that advance the goals and objectives of the approved comprehensive plan; and CommentsClose CommentsPermalink





‘(B) any identified activities and projects from home or the regular place of business of the member in performance of services for the Councilpreviously approved priority lists that have not yet been funded. CommentsClose CommentsPermalink





‘(e) Implementation of the Comprehensive Plan- CommentsClose CommentsPermalink





‘(1) 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.

‘(2) 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.

‘(3) GRANTS- TheRegional Administrator, acting through the Director, may provide grants for projects, programs, and studies to implement the Comprehensive Plan, including--‘(A) a comprehensive grant, in an amount equal to 50may provide grants for activities, projects, programs, and studies to implement the comprehensive plan. CommentsClose CommentsPermalink




‘(2) FUNDING- In providing funding under this subsection, the Administrator shall use-- CommentsClose CommentsPermalink





‘(A) the greater of $5,000,000 or 7.5 percent of the funds made available to carry out this subsection for a fiscal year, to the Puget Sound Partnership forunder this section to provide a comprehensive grant to the Puget Sound Partnership for use in-- CommentsClose CommentsPermalink





‘(i) use in managing the implementation of the Comprehensive Plan; and

‘(ii) allocation by the Puget Sound Partnership for projects, programs, and studies prioritized in the Comprehensive Plan; and

‘(B)tracking the implementation of the comprehensive plan; CommentsClose CommentsPermalink




‘(ii) monitoring environmental outcomes; CommentsClose CommentsPermalink





‘(iii) updating the comprehensive plan; CommentsClose CommentsPermalink





‘(iv) developing the annual priority list; and CommentsClose CommentsPermalink





‘(v) performing other grants, in an aggregate amount equal to 50administrative activities relating to the management and implementation of the comprehensive plan; CommentsClose CommentsPermalink





‘(B) not more than 5 percent of the funds made available under this section to carry out this subsection for a fiscal year, to State ande responsibilities of the Administrator under this section; CommentsClose CommentsPermalink





‘(C) 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 CommentsClose CommentsPermalink





‘(D) 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-- CommentsClose CommentsPermalink





‘(i) State or regional water pollution control agencies and entities, federally recognized Indian tribes, State coastal zone management agencies,agencies or entities; CommentsClose CommentsPermalink





‘(ii) local governments,; or CommentsClose CommentsPermalink





‘(iii) other public or nonprofit private agencies, institutions, or organizations for use in implementing specific projects, programs, and studies identified in the Comprehensive P. CommentsClose CommentsPermalink





‘(3) CONDITIONS FOR GRANT ELIGIBILITY- CommentsClose CommentsPermalink





‘(A) 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-- CommentsClose CommentsPermalink





‘(i) identified in the annual priority list; and CommentsClose CommentsPermalink





‘(ii) advance the goals and objectives of the approved comprehensive plan. CommentsClose CommentsPermalink





‘(B) 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. CommentsClose CommentsPermalink





‘(C) 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. CommentsClose CommentsPermalink





‘(4) 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). CommentsClose CommentsPermalink





‘(5) 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-- CommentsClose CommentsPermalink





‘(A) describes the reasons for the failure to obligate the funds; and CommentsClose CommentsPermalink





‘(B) provides a date certain by which all funds will be distributed. CommentsClose CommentsPermalink





‘(6) FEDERAL SHARE- The Federal share of the cost of a project, program, or study carried out under this subsection shall be-- CommentsClose CommentsPermalink





‘(A) not more than 50 percent of the cost of a project, program, or study75 percent of the annual aggregate costs of the activities described in paragraph (2)(A); or CommentsClose CommentsPermalink





‘(B) up to 10not more than 50 percent of the cost of a project, program, or study if then activity 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.‘(5funded under paragraph (2)(C). CommentsClose CommentsPermalink





‘(7) 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. CommentsClose CommentsPermalink





‘(f) 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-- CommentsClose CommentsPermalink





‘(1) an interagency crosscut budget that displayescribes for each Federal agency-- CommentsClose CommentsPermalink





‘(A) amounts obligated for the preceding fiscal year for protection and restoration activities, projects, programs, and studies relating to Puget Sound; CommentsClose CommentsPermalink





‘(B) the estimated budget for the current fiscal year for protection and restoration projects, programs.activities, projects, programs, and studies relating to Puget Sound; and CommentsClose CommentsPermalink





‘(C) the proposed budget for protection and restoration activities, projects, programs, and studies relating to Puget Sound; and CommentsClose CommentsPermalink





‘(2) a description and assessment of the Federal role in the implementation of the Comprehensive Pcomprehensive 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 Pcomprehensive plan. CommentsClose CommentsPermalink





‘(g) 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-- CommentsClose CommentsPermalink





‘(1) summarizes the progress made in implementing the Comprehensive Pcomprehensive plan and progress toward achieving the identified goals and objectives described in the Comprehensive Pcomprehensive plan; CommentsClose CommentsPermalink





‘(2) summarizes any modifications to the Comprehensive Plan incomprehensive plan during the period covered by the report; CommentsClose CommentsPermalink





‘(3) incorporates specific recommendations concerning the implementation of the Comprehensive Plan; and‘(4) comprehensive plan; CommentsClose CommentsPermalink





‘(4) 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 Plancomprehensive plan; and CommentsClose CommentsPermalink





‘(5) includes any other information determined to be relevant by the Administrator or the Executive Director. CommentsClose CommentsPermalink





‘(h) Authorization of Appropriations- CommentsClose CommentsPermalink





‘(1) IN GENERAL- There is authorized to be appropriated to the Administrator to carry out this section $12590,000,000 for each of fiscal years 20101 through 2015, to remain available until expended. CommentsClose CommentsPermalink





‘(2) 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).’. CommentsClose CommentsPermalink