S 2294 ISCommentsClose CommentsPermalink

112th CONGRESSCommentsClose CommentsPermalink

2d SessionCommentsClose CommentsPermalink

S. 2294CommentsClose CommentsPermalink

To provide for continued conservation efforts in the Chesapeake Bay watershed, increase energy production from animal waste, improve transparency of Federal restoration efforts, and expand agricultural opportunities to participate in State voluntary water quality credit trading programs.CommentsClose CommentsPermalink

IN THE SENATE OF THE UNITED STATESCommentsClose CommentsPermalink

April 18, 2012CommentsClose CommentsPermalink

Mr. CASEY (for himself, Mr. CARDIN, Ms. MIKULSKI, Mr. WARNER, and Mr. WEBB) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and ForestryCommentsClose CommentsPermalink

A BILLCommentsClose CommentsPermalink

To provide for continued conservation efforts in the Chesapeake Bay watershed, increase energy production from animal waste, improve transparency of Federal restoration efforts, and expand agricultural opportunities to participate in State voluntary water quality credit trading programs.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 ‘Chesapeake Bay Watershed Fairness Act of 2012’.CommentsClose CommentsPermalink

SEC. 2. CHESAPEAKE BAY WATERSHED PROGRAM.

(a) In General- Section 1240Q of the Food Security Act of 1985 (16 U.S.C. 3839bb-4) is amended--CommentsClose CommentsPermalink





(1) by striking subsection (a) and inserting the following:CommentsClose CommentsPermalink





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





‘(1) CHESAPEAKE BAY STATE; STATE- The terms ‘Chesapeake Bay State’ and ‘State’ means any of--CommentsClose CommentsPermalink





‘(A) the States of Delaware, Maryland, New York, Pennsylvania, Virginia, and West Virginia; andCommentsClose CommentsPermalink





‘(B) the District of Columbia.CommentsClose CommentsPermalink





‘(2) CHESAPEAKE BAY WATERSHED- The term ‘Chesapeake Bay watershed’ means all tributaries, backwaters, and side channels, including their watersheds, draining into the Chesapeake Bay in a Chesapeake Bay State.CommentsClose CommentsPermalink





‘(3) TECHNICAL SERVICE PROVIDER- The term ‘technical service provider’ may include any provider who--CommentsClose CommentsPermalink





‘(A) has experience working with individuals who, due to religious tenets, do not accept government assistance; andCommentsClose CommentsPermalink





‘(B) meets the requirements of section 1242(e).CommentsClose CommentsPermalink





‘(4) WATER QUALITY TRADING PREPARATION ACTIVITY- The term ‘water quality trading preparation activity’ includes the following activities carried out with respect to agricultural land or nonindustrial private forest land:CommentsClose CommentsPermalink





‘(A) Identification of existing and additional best management practices required for eligibility to participate in water quality trading.CommentsClose CommentsPermalink





‘(B) Related activities that the Secretary determines will help agricultural producers or owners achieve eligibility to participate in water quality markets.’;CommentsClose CommentsPermalink





(2) by inserting ‘and owners’ after ‘producers’ each place it appears in subsections (b), (c), (d)(1)(A), (d)(2), and (e)(1);CommentsClose CommentsPermalink





(3) in subsection (b), in the matter preceding paragraph (1), by inserting ‘and nonindustrial private forest lands’ after ‘agricultural lands’;CommentsClose CommentsPermalink





(4) by redesignating subsections (d), (e), (f), (g), and (h) as subsections (e), (f), (j), (k), and (l), respectively;CommentsClose CommentsPermalink





(5) by inserting after subsection (c) the following:CommentsClose CommentsPermalink





‘(d) Technical Assistance-CommentsClose CommentsPermalink





‘(1) TECHNICAL ASSISTANCE TO CHESAPEAKE BAY STATES-CommentsClose CommentsPermalink





‘(A) STATE WATER QUALITY GOALS- The Secretary may provide technical assistance to a Chesapeake Bay State to assist in developing the water quality goals of the State to result in reductions in losses of nitrogen, phosphorus, and sediment from agricultural or nonindustrial private forest land in the Chesapeake Bay watershed to improve water quality in the Chesapeake Bay watershed.CommentsClose CommentsPermalink





‘(B) CERTAINTY- The Secretary may provide technical assistance to a Chesapeake Bay State to assist in developing protocols to confirm producer or owner achievement of compliance with State water quality laws and provide a reduced level of scrutiny if the producer or owner maintains compliance.CommentsClose CommentsPermalink





‘(C) INTERSTATE TRADING- The Secretary may provide technical assistance to a Chesapeake Bay State to harmonize State water quality trading technical guidelines with other Chesapeake Bay States in preparation for interstate trading.CommentsClose CommentsPermalink





‘(D) TARGETED ASSISTANCE TO CHESAPEAKE BAY STATES-CommentsClose CommentsPermalink





‘(i) IN GENERAL- The Secretary may enter into an agreement with a Chesapeake Bay State (including any political subdivision and agency of the Chesapeake Bay State) to provide financial and technical assistance to the Chesapeake Bay State.CommentsClose CommentsPermalink





‘(ii) PURPOSE OF ASSISTANCE- Assistance provided by the Secretary under this subparagraph shall be used by the Chesapeake Bay State to provide, through a technical service provider, the technical assistance needed by an agricultural producer or owner in the Chesapeake Bay watershed--CommentsClose CommentsPermalink





‘(I) to promote water quality goals of the Chesapeake Bay State;CommentsClose CommentsPermalink





‘(II) to obtain certainty under subparagraph (B); orCommentsClose CommentsPermalink





‘(III) to conduct a water quality trading preparation activity.CommentsClose CommentsPermalink





‘(2) TECHNICAL ASSISTANCE TO AGRICULTURAL PRODUCERS AND OWNERS OF CERTAIN NONINDUSTRIAL PRIVATE FOREST LAND- The Secretary may provide technical assistance to agricultural producers and owners of nonindustrial private forest land in the Chesapeake Bay watershed directly or through third-party providers--CommentsClose CommentsPermalink





‘(A) for conservation services, including--CommentsClose CommentsPermalink





‘(i) education regarding activities the producers and owners can undertake to reduce losses of nitrogen, phosphorus, and sediment from agricultural and nonindustrial private forest land in the Chesapeake Bay watershed; andCommentsClose CommentsPermalink





‘(ii) conservation planning, implementation, and maintenance to reduce losses of nitrogen, phosphorus, and sediment from agricultural and nonindustrial private forest land in the Chesapeake Bay watershed;CommentsClose CommentsPermalink





‘(B) in identifying existing best management practices and assessing practices required to achieve compliance with State and Federal water quality laws, including through--CommentsClose CommentsPermalink





‘(i) outreach to producers and owners to determine interest in receiving assistance; andCommentsClose CommentsPermalink





‘(ii) adoption and use of tools and technology capable of assessing practices required to achieve compliance with State and Federal water quality laws; andCommentsClose CommentsPermalink





‘(C) in attaining eligibility to participate in water quality trading markets, including preparation activities.’;CommentsClose CommentsPermalink





(6) in subsection (e) (as redesignated by paragraph (4))--CommentsClose CommentsPermalink





(A) in paragraph (1)--CommentsClose CommentsPermalink





(i) in subparagraph (A), by striking ‘and’ at the end;CommentsClose CommentsPermalink





(ii) in subparagraph (B), by striking the period at the end and inserting ‘; and’; andCommentsClose CommentsPermalink





(iii) by adding at the end the following:CommentsClose CommentsPermalink





‘(C) provide technical assistance directly or through technical service providers in carrying out this section.’; andCommentsClose CommentsPermalink





(B) in paragraph (2), by adding at the end the following:CommentsClose CommentsPermalink





‘(E) The James River.’;CommentsClose CommentsPermalink





(7) in paragraph (2) of subsection (f) (as redesignated by paragraph (4)), by inserting ‘or owner’ after ‘producer’; andCommentsClose CommentsPermalink





(8) by inserting after subsection (f) (as redesignated by paragraph (4)) the following:CommentsClose CommentsPermalink





‘(g) Cost-Effectiveness- In providing assistance under this section, the Secretary may consider the cost-effectiveness of the conservation practices that may be needed to reduce losses of nitrogen, phosphorus, and sediment from agricultural or nonindustrial private forest land in the Chesapeake Bay watershed to improve water quality in the Chesapeake Bay watershed.CommentsClose CommentsPermalink





‘(h) Crosscut Budget-CommentsClose CommentsPermalink





‘(1) IN GENERAL- The Secretary, in consultation with the Chesapeake Executive Council, the chief executive of each Chesapeake Bay State, and the Chesapeake Bay Commission, shall annually submit to Congress a financial report containing--CommentsClose CommentsPermalink





‘(A) an interagency crosscut budget that displays--CommentsClose CommentsPermalink





‘(i) the proposed funding for any Federal restoration activity to be carried out in the succeeding fiscal year, including any planned interagency or intraagency transfer, for each Federal agency that carries out restoration activities;CommentsClose CommentsPermalink





‘(ii) to the extent that information is available, the estimated funding for any State restoration activity to be carried out in the succeeding fiscal year;CommentsClose CommentsPermalink





‘(iii) all expenditures for Federal restoration activities from the preceding 3 fiscal years, the current fiscal year, and the succeeding fiscal year; andCommentsClose CommentsPermalink





‘(iv) all expenditures, to the extent that information is available, for State restoration activities during the equivalent time period described in clause (iii);CommentsClose CommentsPermalink





‘(B) a detailed accounting of all amounts received and obligated by each Federal agency for restoration activities during the current and preceding fiscal years, including the identification of amounts that were transferred to a Chesapeake Bay State for restoration activities;CommentsClose CommentsPermalink





‘(C) to the extent that information is available, a detailed accounting from each State of all amounts received and obligated from a Federal agency for restoration activities during the current and preceding fiscal years; andCommentsClose CommentsPermalink





‘(D) a description of each of the proposed Federal and State restoration activities to be carried out in the succeeding fiscal year (corresponding to those activities listed in clauses (i) and (ii) of subparagraph (A)), including--CommentsClose CommentsPermalink





‘(i) the project description;CommentsClose CommentsPermalink





‘(ii) the current status of the project;CommentsClose CommentsPermalink





‘(iii) the Federal or State statutory or regulatory authority, program, or responsible agency;CommentsClose CommentsPermalink





‘(iv) the authorization level for appropriations;CommentsClose CommentsPermalink





‘(v) a timeline for the project, including benchmarks;CommentsClose CommentsPermalink





‘(vi) references to project documents;CommentsClose CommentsPermalink





‘(vii) descriptions of risks and uncertainties of project implementation;CommentsClose CommentsPermalink





‘(viii) a description of the applicable adaptive management actions or framework;CommentsClose CommentsPermalink





‘(ix) a list of coordinating entities;CommentsClose CommentsPermalink





‘(x) a description of funding history for the project;CommentsClose CommentsPermalink





‘(xi) cost-sharing, if any, for the project; andCommentsClose CommentsPermalink





‘(xii) alignment with existing Chesapeake Bay Agreement and Chesapeake Executive Council goals and priorities.CommentsClose CommentsPermalink





‘(2) MINIMUM FUNDING LEVELS- The Secretary shall only describe restoration activities in the report required under paragraph (1) that--CommentsClose CommentsPermalink





‘(A) for Federal restoration activities, have funding amounts greater than or equal to $100,000; andCommentsClose CommentsPermalink





‘(B) for State restoration activities, have funding amounts greater than or equal to $50,000.CommentsClose CommentsPermalink





‘(3) SUBMISSION- Not later than 30 days after the date on which the President submits the annual budget to Congress under section 1105 of title 31, United States Code, the Secretary shall submit the report required by paragraph (1) to--CommentsClose CommentsPermalink





‘(A) the Committees on Appropriations, Agriculture, Natural Resources, Energy and Commerce, and Transportation and Infrastructure of the House of Representatives; andCommentsClose CommentsPermalink





‘(B) the Committees on Appropriations, Agriculture, Nutrition and Forestry, Environment and Public Works, and Commerce, Science, and Transportation of the Senate.CommentsClose CommentsPermalink





‘(4) EFFECTIVE DATE- This subsection shall apply beginning with the first fiscal year after the date of enactment of the Chesapeake Bay Watershed Fairness Act of 2012 for which the President submits a budget to Congress under section 1105 of title 31, United States Code.CommentsClose CommentsPermalink





‘(i) Websites-CommentsClose CommentsPermalink





‘(1) IN GENERAL- Not later than 180 days after the date of enactment of this subsection, the Secretary shall establish and maintain--CommentsClose CommentsPermalink





‘(A) a user-friendly, publicly available website to promote greater accountability and transparency regarding the crosscut budget described in subsection (h); andCommentsClose CommentsPermalink





‘(B) a user-friendly, publicly available website to provide information on Federal, State, local and private resources available to those interested in implementing conservation practices.CommentsClose CommentsPermalink





‘(2) CROSSCUT BUDGET WEBSITE- The website established under paragraph (1)(A) shall provide--CommentsClose CommentsPermalink





‘(A) accountability information, including findings from audits, inspectors general, and the Government Accountability Office;CommentsClose CommentsPermalink





‘(B) data on relevant economic, financial, grant, and contract information in user-friendly visual presentations to enhance public awareness of the use of covered funds;CommentsClose CommentsPermalink





‘(C) links to other government websites at which key information relating to efforts to improve the water quality of the Chesapeake Bay watershed may be found;CommentsClose CommentsPermalink





‘(D) printable reports on covered funds obligated by month to each State and congressional district; andCommentsClose CommentsPermalink





‘(E) links to other government websites providing information concerning covered funds, including Federal agency and State websites.CommentsClose CommentsPermalink





‘(3) WEBSITE FOCUSED ON RESOURCES- The website established under paragraph (1)(B) shall--CommentsClose CommentsPermalink





‘(A) provide--CommentsClose CommentsPermalink





‘(i) user-friendly access for agricultural producers, owners of nonindustrial private forest land, Federal, State, and local governments, academic and nongovernmental organizations, industry associations, and other interested parties to industry-specific regulatory compliance and conservation program information that the Secretary considers potentially useful to agricultural producers and owners of nonindustrial private forest land located in the Chesapeake Bay watershed; andCommentsClose CommentsPermalink





‘(ii) detailed examples of successful conservation projects; andCommentsClose CommentsPermalink





‘(B) be arranged in industry-specific categories.CommentsClose CommentsPermalink





‘(4) REVISIONS- The Secretary shall enhance and update the websites established under paragraph (1) as necessary.’.CommentsClose CommentsPermalink





(b) Funding- Subsection (l) of section 1240Q of the Food Security Act of 1985 (16 U.S.C. 3839bb-4) (as redesignated by subsection (a)(4)) is amended--CommentsClose CommentsPermalink





(1) in subparagraph (C), by striking ‘and’ after the semicolon at the end;CommentsClose CommentsPermalink





(2) in subparagraph (D), by striking the period at the end and inserting ‘; and’; andCommentsClose CommentsPermalink





(3) by adding at the end the following:CommentsClose CommentsPermalink





‘(E) $50,000,000 for each of fiscal years 2013 through 2018.’.CommentsClose CommentsPermalink

SEC. 3. WATER QUALITY TRADING ELIGIBILITY PLANNING.

Section 1240A(5)(B) of the Food Security Act of 1985 (16 U.S.C. 3839aa-1(5)(B)) is amended--CommentsClose CommentsPermalink





(1) in clause (i), by striking ‘and’ at the end;CommentsClose CommentsPermalink





(2) by redesignating clause (ii) as clause (iii); andCommentsClose CommentsPermalink





(3) by inserting after clause (i) the following:CommentsClose CommentsPermalink





‘(ii) water quality trading eligibility planning; and’.CommentsClose CommentsPermalink

SEC. 4. ENERGY PRODUCTION FROM AGRICULTURAL SOURCES IN THE CHESAPEAKE BAY.

(a) Rural Energy for America Program- Section 9007 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8107) is amended--CommentsClose CommentsPermalink





(1) in subsection (c)(2)--CommentsClose CommentsPermalink





(A) in subparagraph (F), by striking ‘and’ at the end;CommentsClose CommentsPermalink





(B) by redesignating subparagraph (G) as subparagraph (H); andCommentsClose CommentsPermalink





(C) by inserting after subparagraph (F) the following:CommentsClose CommentsPermalink





‘(G) in the case of a manure-to-energy system or improvement, whether the system or improvement includes an integrative approach to water quality issues; and’; andCommentsClose CommentsPermalink





(2) in subsection (g), by adding at the end the following:CommentsClose CommentsPermalink





‘(4) WATERSHED PROJECTS-CommentsClose CommentsPermalink





‘(A) IN GENERAL- Of the funds made available for each fiscal year to carry out this section, 10 percent shall be used to carry out projects located within the watershed of any water for which the Federal Government has established a multistate total maximum daily load for pollutants under section 303(d)(2) of the Federal Water Pollution Control Act (33 U.S.C. 1313(d)(2)), with priority given to projects that address agricultural and silvicultural sources.CommentsClose CommentsPermalink





‘(B) INSUFFICIENT APPLICATIONS- If funds described in subparagraph (A) remain available by April 1 of the fiscal year due to insufficient applications for projects described in that subparagraph, the funds shall be available to carry out other purposes under this section.’.CommentsClose CommentsPermalink





(b) Environmental Quality Incentives Program- Section 1240C(b) of the Food Security Act of 1985 (16 U.S.C. 3839aa-3(b)) is amended--CommentsClose CommentsPermalink





(1) in paragraph (3), by striking ‘and’ at the end;CommentsClose CommentsPermalink





(2) in paragraph (4), by striking the period at the end and inserting ‘; and’; andCommentsClose CommentsPermalink





(3) by adding at the end the following:CommentsClose CommentsPermalink





‘(5) in the case of applications involving manure-to-energy projects, whether the projects include an integrative approach to water quality issues.’.CommentsClose CommentsPermalink

SEC. 5. FOREST COVER AT FEDERAL FACILITIES.

Not later than 90 days after the date of enactment of this Act, the Secretary of Agriculture, with the advice of the Chief of the Forest Service and the appropriate Chesapeake Basin State forester, shall coordinate with the head of each Federal agency that owns or operates a facility within the Chesapeake Basin (as determined by the Secretary) to develop plans to maximize forest cover at the facility through--CommentsClose CommentsPermalink





(1) the preservation of existing forest cover; orCommentsClose CommentsPermalink





(2) with respect to a facility that has been previously disturbed or developed, the development of a reforestation plan, as appropriate.CommentsClose CommentsPermalink